The Relationship Between Law and Argument
What is the relationship between argument and law? In a nutshell, law is the relation between argument and social fact. There is a connection between argument and statute, and between argument and judicial decision. However, a law cannot be defined by just these three elements. The concept of law must also incorporate social fact and its application.
Arguments in law take many forms, but they are all rooted in an analysis of a legal issue. Policy arguments, for example, focus on whether a particular policy will improve the lives of people or hurt them. They usually begin with an agreed-upon set of facts and then apply an evaluative theory to support the position. This theory may be drawn from many sources, including economic theory, moral theory, or religious tradition.
Statutes are written laws that govern the government. Statutes are created and amended by the legislature. Some statutes have several parts, each defining a different aspect of the law.
Judicial decisions must be clearly reasoned, both for the parties and for the public at large. Article 6 of the European Convention on Human Rights (ECHR) requires that the state establish independent tribunals and promote efficient procedures. A statement of reasons ensures the decision is clear, fair, and objective. It also ensures that a judge has responded to the submissions of the parties.
Social fact and law are not two separate categories, but two closely related concepts. In social science, they are used to describe legal and social systems. The latter refers to those systems that govern society.
Natural law is a theory that holds that all human conduct is governed by universal moral principles. This theory assumes that all people are trying to live good lives. For example, it says that it is against the law to kill another human being.
Law of nations
The Law of Nations is a system of law governing the legal relations between nations. It has its origins in Roman private law and was adopted by European jurists in the early modern period. Its principles were first applied by Spanish writers in the sixteenth century, such as Suarez and Vitoria, who argued that the Spanish Crown had basic humanitarian duties towards all peoples, including indigenous peoples of the Americas.
Private or civil law
Private or civil law is the legal system that governs the relationship between individuals in a society. It includes tort law, property law, labor and commercial law, as well as competition law. Public law, on the other hand, deals with the relationships between government and people, and includes areas such as criminal and administrative law.