W A Franke Global Law Program

Western Law

Definitions of law usually raise the query of the extent to which law incorporates morality. John Austin’s utilitarian reply was that law is “commands, backed by menace of sanctions, from a sovereign, to whom people have a habit of obedience”. Natural lawyers on the opposite aspect, similar to Jean-Jacques Rousseau, argue that law reflects basically ethical and unchangeable laws of nature. The concept of “pure law” emerged in historical Greek philosophy concurrently and in connection with the notion of justice, and re-entered the mainstream of Western tradition via the writings of Thomas Aquinas, notably his Treatise on Law. Law offers a source of scholarly inquiry into legal historical past, philosophy, financial analysis and sociology.

  • The obligation to guard requires States to protect individuals and teams towards human rights abuses.
  • In all three traditions, a canon was initially a rule adopted by a church council; these canons formed the

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