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法律的概念

A trial at a criminal court, the Old Bailey in London Law in common parlance,

means a rule which (unlike a rule of ethics) is capable of enforcement through

institutions. The study of law crosses the boundaries between the social

sciences and humanities, depending on one’s view of research into its objectives

and effects. Law is not always enforceable, especially in the international

relations context. It has been defined as a “system of rules”, as an

“interpretive concept” to achieve justice, as an “authority” to mediate people’s

interests, and even as “the command of a sovereign, backed by the threat of a

sanction”. However one likes to think of law, it is a completely central social

institution. Legal policy incorporates the practical manifestation of thinking

from almost every social sciences and humanity. Laws are politics, because

politicians create them. Law is philosophy, because moral and ethical

persuasions shape their ideas. Law tells many of history’s stories, because

statutes, case law and codifications build up over time. And law is economics,

because any rule about contract, tort, property law, labor law, company law and

many more can have long lasting effects on the distribution of wealth.

法学的概念

Jurisprudence is the theory and philosophy of law. Scholars of jurisprudence,

or legal philosophers,

hope to obtain a deeper understanding of the nature of law, of legal

reasoning, legal systems and of legal institutions. As jurisprudence has

developed, there are three main aspects with which scholarly writing

engages:

1. Natural law is the idea that there are unchangeable laws of nature which

govern us, and that our institutions should try to match this natural law.

2. Analytic jurisprudence asks questions like, “What is law?” “What are the

criteria for legal validity?” or “What is the relationship between law and

morality?” and other such questions that legal philosophers may engage.

3. Normative jurisprudence asks what law ought to be. It overlaps with moral

and political philosophy, and includes questions of whether one ought to obey

the law, on what grounds law-breakers might properly be punished, the proper

uses and limits of regulation, how judges ought to decide cases.

Modern jurisprudence and philosophy of law is dominated today primarily by

Western academics. The ideas of the Western legal tradition have become so

pervasive throughout the world that it is tempting to see them as universal.

Historically, however, many philosophers from other traditions have discussed

the same questions, from Islamic scholars to the ancient Greeks.

法的伦理学

Legal ethics refers to an ethical code governing the conduct of people

engaged in the practice of law. In the United States, the American Bar

Association has promulgated model rules that have been influential in many

jurisdictions. The model rules address the client-lawyer relationship, duties of

a lawyer as advocate in adversary proceedings, dealings with persons other than

clients, law firms and associations, public service, advertising, and

maintaining the integrity of the profession. Respect of client confidences,

candor toward the tribunal, truthfulness in statements to others, and

professional independence are some of the defining features of legal ethics.

American law schools are required to offer a course in professional

responsibility, which encompasses both legal ethics and matters of

professionalism that do not present ethical concerns.