International business law: EMBA-BS Y3 2023-24

Definition of law

2–3 minutes

In general terms, law refers to the set of norms that regulates human activities.

POSITIVE LAW AND NATURAL LAW

A distinction is made between positive law and natural law. Positive law refers to the set of rules that apply at a certain time in a defined territory. Natural law reflects a philosophical conception, important in Western thought, postulating that superior and universal theoretical norms apply to all human beings, at all times and in all places, independently of positive law, which must conform to natural law.

LAW IS COMPULSORY

Law must be distinguished from subjects and concepts such as philosophyreligionpoliticsmoralityethicsequity or legitimacy, which refer to philosophical beliefs, appreciations, considerations and values characterised by subjectivity and relativity. Law may be influenced by these conceptions, or criticized based on them. However, in itself, law is general, impersonal and compulsory. It has an important technical dimension and a marked objective character.

LAW AND CUSTOM

Law is distinguished from custom. Law is mandatory. Sanctions are incurred in the event of non-compliance with the imperative rules of law. Custom refers to habits that are not legally sanctioned, that may differ locally and that are likely to evolve without formalism. A custom may become a rule of law, but not all customs are rules of law.

FORMALISM: ORAL LAW AND WRITTEN LAW

Law is not necessarily written. For example, even today, the constitution of the United Kingdom is composed of unwritten customary rules, such as the obligation for the entire cabinet to resign when its policy is questioned by the chambers.

SOURCES OF LAW

The competent public authorities, which set the normative framework applicable in their territory, are the main sources of law. Subjects of law are also likely to create legal obligations, through contracts or unilateral acts.

PUBLIC AND PRIVATE LAW

Public law refers to the rules that govern public persons, their activities, as well as the relations between them and with private persons. Public law includes, for example, the following matters: constitutional law, administrative law, customs law. Private law refers to the rules that govern private persons, their activities, as well as the relations between them. Private law includes, for example, the following matters: civil law, company law, labour law.

PUBLIC INTERNATIONAL LAW AND PRIVATE INTERNATIONAL LAW

Public international law concerns relations between States and international organisations. Private international law concerns international relations between private persons, as well as the international activities of private persons.

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