Paul Nervy Notes
“Jokes, poems, stories, and a lot of philosophy, psychology, and sociology.”

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Law.  ---  .See also: Politics.  ---  8/2/2001

Law.  ---  .This section is about law.  Topics include: ( ) Economics and law.  ( ) Legal systems.  ( ) Practice of law.  ( ) Legal education.  ( ) Sociology and law.  ( ) History of law.  ( ) Types of law.  ( ) What is law.  ---  1/24/2006

Law.  ---  (1) How do you create just laws?  How do you make sure the laws continue to be just in a changing world?  (2) How do you get people to obey these laws?  (3) How to apply these laws to concrete situations?  At what level of abstraction do you create laws?  The higher the level of abstraction, the fewer the laws.  The lower the level of abstraction (more concrete) the more laws you need.  How many laws is the right amount?  How much is implied or assumed as background knowledge when you make laws?  If laws can be put into a logical hierarchy, what are the most important, basic, fundamental laws?  The constitution?  ---  8/2/2001

Law.  ---  (1) Interpretation of written law is a big issue.  You can be a strict and literal interpreter (letter of the law), or a broad interpreter (spirit of the law).  (2) Problems in law today.  Too many lawyers and too many cases.  Does it add up to more justice?  (3) A global legal system should be created.  United Nations.  (4) Problems in legal systems.  Systematic problems vs. isolated incident problems.  (5) When a legal system drags a society forward vs. when a society recognizes problems in its legal system and pressures for change.  (6) The legal system has inertia much like any other system.  It takes a lot of time and effort to change it.  Like turning an oil tanker.  (7) Law types.  Laws about money, stuff, people, and ideas.  (8) Law as a way to (A) Wield power.  (B) Right wrongs and do good.  (C) Get things done.  (D) Resolve disputes.  (9)(A) How to change the legal system.  You have to decide at what point an aspect of the legal system become so unjust that you must take action.  Then decide how to battle the system.  And figure out how to avoid being hurt in battle.  (B) How to decide when to take someone to court.  The cost to you is stress, time, and legal fees.  When is it worth it?  (10)  Big problem.  When criminals intimidate or bribe judges, jurors, witnesses, cops, plaintiffs or any other person in legal system.  ---  8/1/1998

Law.  ---  (1) Law as a rule that applies in all cases, with no exceptions.  (2) Law as ruling, exerting power, making a decision.  (3) Law as promoting justice.  (4) Law as preserving rights.  (5) Law as decree by a power holder.  Could be arbitrary.  Could be unjust.  ---  5/24/2006

Law.  ---  (1) Political conception of law.  Law as will of powerholders.  Political pressures on lawmakers, judges, etc.  Game theory and decision theory.  (2) Economic conception of law.  Tradeoffs in values involved in law.  Law as exchange.  Costs and benefits.  Costs of trial and imprisonment.  Posner's economic analysis of law.  (3) Ethical conception of law.  Natural law (Finnis).  Analytical jurisprudence: H.L.A. Hart.  Prescriptivism: R.M. Hare.  (4) Sociological theory of law.  Sociological jurisprudence: Pound.  Critical theory of law.  ---  05/27/1993

Law.  ---  (1) The law system is big, complicated, important and needs to be done right.  Big: thousands of laws, hundreds of thousands of cases.  Complicated: thousands of types of laws, many different concepts covered.  Important: people's lives depend on it.  (2) The best approach to law is a multifaceted eclectic approach, not a single narrow approach.  (3) Law is necessary.  It cannot be done away with.  Law cannot be overly simplified except at the expense of justice.  ---  2/1/2005

Law.  ---  (1) Title, description, arguments pro and contra, ruling, reasons, importance.  (2) Subject, questions/problem/issue, views, arguments, evidence.  (3) Subject area, situations, factors, ethical choices, law, reasons.  ---  12/30/1992

Law.  ---  (1) Which crimes are pursued most by law enforcement?  Who gets busted?  (2) How much time is given for which crimes?  Which crimes get the most time?  ---  5/14/2007

Law.  ---  (1)(A) Must do.  (duty).  (B) Must not do.  (illegal vs. legal).  (2)(A) Freedom or right to do.  (B) Freedom from.  (3)(A) Reward to do.  (B) Penalty to do.  (4)(A) Ought to do.  Encourage.  (no action taken).  (B) Ought not to do.  Discourage.  (no action taken).  ---  1/1/2000

Law.  ---  A legal system should be rational.  A legal system should be based on reason.  An example of an irrational legal system, a system not based on reason, is a legal system based on magic, myth and religion.  ---  5/25/2006

Law.  ---  A legal system where money buys victory, and poverty insurers defeat is unjust.  Public lawyers for both sides should be appointed.  Not hire your own lawyer.  ---  9/4/1998

Law.  ---  A society without law, i.e., anarchy, will favor the strong at the expense of the weak.  A society without law will favor bad people at the expense of good people.  ---  5/1/2005

Law.  ---  Analysis of the law.  (1) What is the specific law or rule involved in a situation?  (2) What is the reason given for the specific law?  I.e., Why do we have the specific law?  (3) Is the specific law ethical?  ---  12/20/1997

Law.  ---  Basic law choices.  (1) Law or no law.  For any activity a society must decide whether to have a law about it.  (2) Law for all, or law for only some.  Its good to have law for all people, not just some people.  ---  10/8/2005

Law.  ---  Cases and decisions that follow precedent are many in number.  Cases and decisions that set a new precedent, thereby changing the law, are few in number.  ---  5/27/2006

Law.  ---  Cases that affect a lot of people and cause big changes, for better or worse.  Cases that challenge precedent based on new reasons.  Judgments that change precedent, by new reasoning.  ---  04/01/1994

Law.  ---  Change in law: area, speed, and degree.  Level: decentralization vs. centralization.  Foundations vs. details.  ---  01/01/1993

Law.  ---  Civil rights laws that promote social justice are super important.  Laws that protect the rights of minorities.  Laws that protect the rights of the disempowered.  Laws that protect the rights of the poor.  ---  5/14/2007

Law.  ---  Comparative law.  (1) It is important to look at all laws around the world throughout history, and the reasons for them.  (2) It is also important to look at all the proposed, yet rejected, laws and the reasons why they were rejected.  ---  2/1/2005

Law.  ---  Comparative law.  Whose law is more refined and subtle?  Whose law is more just?  ---  12/30/1992

Law.  ---  Conflict of law: (1) State vs. state.  (2) State vs. government.  (3) Government vs. government.  ---  12/30/1992

Law.  ---  Crime and law.  (1) What is illegal?  Classification of crimes.  (2) Punishment and severity.  (3) Enforcement, police.  How many criminals per population.  How many police per population.  How many police per criminals.  (4) Size of crime in economic dollars or number of victims.  Power of crime in terms of degree of corruption or intimidation of public officials and press.  ---  6/30/1998

Law.  ---  Crime.  How crime ridden is the society?  Much or little.  How unjust is the society?  Much or little.  How effective is the legal system in battling injustice?  ---  10/25/2004

Law.  ---  Criticisms of legal systems.  The law is biased toward the rich and powerful.  The law is biased against the poor and disempowered.  ---  8/8/2006

Law.  ---  Economics and law.  (1) How many cases are heard per year in a society?  (2) What is the average cost per case?  Cost of paying the judge.  Cost of paying the lawyers.  Cost of the time lost by jurors taking off work.  (3) Who pays for the cases?  The litigants?  The tax payers?  (4) If you make people pay for a lawyer then the poor cannot afford a lawyer and then only the rich will have lawyers.  ---  10/25/2004

Law.  ---  Economics of law.  (1) Trying cases costs money and time.  You cannot try every unethical act because some acts do not warrant the time and money expenditure of a court case.  (2) The cost of the crime and the cost of future acts of the crime by the criminal must exceed the cost of the court case.  (3) It also does not pay to try cases for which there is not adequate evidence.  ---  6/22/2001

Law.  ---  Environmental law is becoming increasingly important.  It should be illegal for individuals and corporations to destroy the environment.  ---  5/14/2007

Law.  ---  For any situation or society: what is the best number of laws, and best types of law?  ---  12/30/1992

Law.  ---  From specific concrete instance (case) to abstract general rule (statute).  ---  12/20/1997

Law.  ---  Good and evil.  Right and wrong.  Are not determined solely by the majority vote of the society in question.  Societies often make mistakes in judging what is right and wrong.  This is a case for objective ethics.  (2) There has to be a reason why something is right and wrong.  A logically persuasive, ethical argument.  ---  6/22/2001

Law.  ---  Good laws versus bad laws.  That is, just laws versus unjust laws.  ---  7/31/2006

Law.  ---  Government can make rules (laws) of any type, in any area, about any thing.  (1) Ethics rules: about what you can do.  (2) Metaphysical rules: about what something is (definition.).  (3) Epistemological rules: rules of evidence.  (4) Technique rules: procedural law.  ---  05/03/1994

Law.  ---  History and law.  Case based law, the common law system, Anglo-American law, is a historically based law.  If a legal system is not case based, for example, statute based, European, civil law system, then that legal system is less historically based.  A historically based law system faces all the problems of the study of history, such as interpretation, bias of the interpreter, etc.  See: History.  ---  11/12/2005

Law.  ---  History current future.  Legal systems.  Chronological approach.  (1) Greeks, Romans, European civil (code) law, Anglo-American common (case) law.  (2) Common (case) law: English, American.  Statutes and cases.  Judges and theorists: Holmes, Pound, Cardozo, Frankfurter, Warren, Hand.  ---  12/30/1992

Law.  ---  History current future.  Legal systems.  History of procedural and substantive practices.  (1) Trial by jury of peers.  (2) Impartial judges and juries.  (3) Public trials.  (4) Trials kept on public record.  (5) Lawyers to represent defendants.  ---  12/30/1992

Law.  ---  History current future.  Legal Theory.  History of jurisprudence theories.  (1) Idea of justice, fairness, and equity.  (2) Justice based on law.  Punishment based on set codes, not ruler's whimsy.  (3) Guilt based on reason, not appeals to gods or dice.  Proof of crime based on evidence.  (4) Punishment as (A) Retribution against evil doer.  (B) Protection of society.  (C) Reformation of evil doer.  (5) Let punishment equal the crime: eye for eye.  (6) Let punishment fit the crime vs. different types of punishment for different types of crimes.  Degrees of punishment for degrees of crimes.  (7) Types of punishments.  Material or monetary fines.  Incarceration.  Physical punishment: beatings, amputation, death.  ---  12/30/1992

Law.  ---  History of a situation.  History of laws on a situation.  ---  12/30/1992

Law.  ---  How many possible courses of action are there?  Of those possible courses of action, how many are good and how many are bad?  Of the possible courses of action, how many should legal and how many should be illegal?  ---  10/25/2004

Law.  ---  Hypothetical.  If we introduce x law into y situation, what will happen?  ---  12/30/1992

Law.  ---  Interpretation.  Does whatever the founding fathers say go?  No.  Strict interpretation is wrong because (1) New situations develop which the founding fathers could not conceive.  (2) The founding fathers were intentionally vague when they wrote the Constitution.  (3) The founding fathers can be plain wrong in some cases.  For example, slavery was allowed.  (4) Because of these three reasons, the law is changeable.  Law is whatever we say it is.  Law aims at justice.  All arguments for or against a law must be self justified, without appealing to the Constitution, or any other precedent in common law, or any previous older law.  ---  9/5/1998

Law.  ---  Interpretation.  Strict interpretation is a joke.  (1) Strict interpretation is a joke because strict interpretation does not allow for improvement or progress.  (2) Strict interpretation is a joke because it is always a question of whose version of strict interpretation to accept.  (3) Strict interpretation is a joke when all about you is change and we are unable to stop the change.  The culture is changing.  Technology is changing.  Language itself is changing.  Word meanings change.  (4) Strict interpretation is a joke because the very fact that you are interpreting or translating shows you don't know what the meaning is for sure.  ---  11/23/2004

Law.  ---  Judges.  (1) Traits of good judges.  Know the law.  can't be bribed.  (2) Traits of bad judges.  Don't know the law.  Can be bribed.  Ideological bias.  ---  5/25/2006

Law.  ---  Law has many sides.  (1) Language and law.  The law is a product of language.  The law is recorded in written language.  The law is argued in spoken language.  (2) Politics and law.  The law is a result of political struggle.  (3) Ethics and law.  Law is a subset of ethics.  Ethics is a subset of philosophy.  (4) Technology and law.  The legal system is a technology.  ---  11/12/2005

Law.  ---  Law introduces or recognizes concepts.  Laws create legal entities.  Laws create categories.  Law gives names to things.  Law gives names to principles.  Law is about language.  Law is about conceptual analysis.  ---  5/24/2006

Law.  ---  Law is about conflict between parties or interests (individuals or groups) over money, stuff, or rights.  Law is about peaceful conflict resolution.  ---  12/20/1997

Law.  ---  Law school.  Most law schools are designed to serve the interest of the rich.  Most law schools focus on property law, business law, etc.  Law schools should be more Progressive.  Law schools should focus on environmental law and social justice law.  ---  5/14/2007

Law.  ---  Laws (1) When needed and not present vs. when not needed and present.  (2) When too restrictive to freedom vs. when too lax.  (3) When punishment too severe vs. punishment too light.  ---  12/30/1992

Law.  ---  Laws can give an end, a means, or an explanation.  ---  12/30/1992

Law.  ---  Lawyer sizes up judge.  Judge sizes up colleagues and public.  To see what they can get away with.  ---  04/01/1994

Law.  ---  Lawyers are concerned not so much with arguing.  Lawyers are really about rules.  Who is obeying the rules, and who is breaking the rules.  Lawyers are rule obsessed.  They are not even interested in the nature of rules in general.  Nor do they care particularly to debate specific cases of ambiguously worded rules.  What they really want to do is apply clear rules for cash.  The entire world of those obsessed with rules is unappealing to me.  I much prefer freedom.  I much prefer no rules, no limits.  I am more id than super ego.  That is why I am an artist.  No rules, no boundaries, no limits, no structure.  ---  11/10/1998

Law.  ---  Lawyers can try to (1) Win the case, or (2) Get justice, or (3) Change the law, or (4) Set a new precedent.  ---  04/01/1994

Law.  ---  Lawyers.  (1) Traits of good lawyers.  Knowlegable.  Fair pricing.  (2) Traits of bad lawyers.  Overcharge for services.  Don't know the law.  ---  5/25/2006

Law.  ---  Legal problems: Common vs. uncommon legal problems.  Simple vs. complex legal problems.  ---  12/30/1992

Law.  ---  Legal system.  Three questions.  (1) Is the procedural part of the legal system fair on paper and in practice?  For example, can every person get a fair trial.  (2) Is the substantive part of the legal system fair on paper and in practice?  For example, are the laws just, and is the law making process just?  (3) Is the punishment part of the legal system fair on paper and in practice?  For example, does the punishment fit the crime?  ---  12/21/2006

Law.  ---  Legal systems.  (1) Laws, principles, and theories.  (2) Factors and situations the laws are about.  (3) Law makers, judges, and theorists.  (4) Laws, statutes, and cases.  ---  12/30/1992

Law.  ---  Legal systems.  (1) Traits of good legal systems.  (2) Traits of bad legal systems.  Juries intimidated.  Juries bribed.  Criminals not apprehended.  Judges intimidated.  Judges bribed.  The rich buy justice, while the poor cannot afford justice.  ---  5/25/2006

Law.  ---  Legal systems.  (1) Ways to make laws: democracy vs. dictator.  (2) Ways to enforce: reward and punishment, types and degrees.  (3) Ways to judge laws: civil vs. common.  ---  12/30/1992

Law.  ---  Legal systems.  Abstract types vs. real ones.  General types: common, civil, and communist.  Specific types: by country and state.  ---  12/30/1992

Law.  ---  Legal systems.  Breadth: subject areas.  Depth: complexity in each subject area.  ---  12/30/1992

Law.  ---  Legal systems.  Change in legal system  (1) In a law, legal system, or society.  (2) Method, rate, and size of change.  (3) Cause and effects.  (4) Direction, speed, and amount of change.  (5) Change for better or worse.  (6) Proposing laws, killing laws, or altering laws.  ---  12/30/1992

Law.  ---  Legal systems.  Functions of legal systems.  (1) Law makers: politicians.  (2) Law deciders: judges.  (3) Law arguers: lawyers.  (4) Law enforcers: cops.  ---  12/30/1992

Law.  ---  Legal systems.  Functions.  (1) Legislating (see politics).  (2) Judging.  What a judge does: common law system.  How you become a judge.  (3) Arbitration methods: tools and techniques.  (4) Arguing, lawyering, law practice (see lawyering).  (5) Associations: the bar.  (6) Information: bar papers, school journals, bar journals.  (7) Training and legal education.  ---  12/30/1992

Law.  ---  Legal systems.  Functions.  (1) Make, change, or stop a law: legislature.  (2) Judge laws: judge and lawyers.  (3) Argue laws: lawyers.  (4) Execute or administrate laws: executive agencies (police, etc.).  (5) Training: law education in law schools.  How best to teach law?  ---  12/30/1992

Law.  ---  Legal systems.  How effective, efficient, practical, and just is a legal system?  ---  12/30/1992

Law.  ---  Legal systems.  Law system's purpose, structure (areas and levels), and mechanism.  ---  12/30/1992

Law.  ---  Legal systems.  Primitive societies can have complex law systems: it depends on their knowledge of  (1) Ethics: choice of alternatives.  (2) Procedure: techniques of proof.  (3) Substance: logical alternatives in any subject area.  ---  12/30/1992

Law.  ---  Legal systems.  Research sources.  Primary: statutes, cases.  Secondary: abstracts, dictionaries, encyclopedias.  ---  12/30/1992

Law.  ---  Legal systems.  Situations, people, actions, and stuff.  Legal issues involved.  Laws made and why.  ---  12/30/1992

Law.  ---  Legal systems.  The people in it.  The laws in it.  The proceedings to determine the facts of a crime, guilt or innocence, and punishment.  What passes as a punishable crime?  ---  12/30/1992

Law.  ---  Legal systems.  Types of legal systems.  (1)(A) One judge vs. (B) a tribunal of judges vs. (C) a jury of peers.  (2) No explanation for judgments given vs. explanations given.  (3) Pleading one's own case vs. professional pleaders (lawyers).  (4) No proof required.  Any unsubstantiated accusation can stick.  (5) No reasoning.  (If she floats then she is a witch, etc.)  (6) Kangaroo courts.  Fake law.  (7) Corrupt law.  Bribes or intimidation used to throw cases to buy freedom for criminals.  (8) Enduring law.  Oral or written rules.  ---  11/30/1997

Law.  ---  Logic and the law.  (1) One would think that the legal system is logical.  (2) One would think that the laws could be arranged either in a logical hierarchy or a logical web.  (3) One would think that the laws themselves are logical, and that the laws would be applied logically to situations.  (4) What are the limits of logic and law?  (A) Law is expressed in language, and language is not perfectly logical.  (B) Law is a product of society, and society is not perfectly logical.  (C) Individual people (ex. judges, lawyers, juries, criminals) are not perfectly logical.  ---  10/31/2001

Law.  ---  Political leanings of judges (personality).  Political pressures on judges (public opinion).  ---  05/03/1994

Law.  ---  Practice of law.  (1) Briefing a case.  Facts and your arguments.  Legal issue and your arguments.  Judge ruling: for who, explanation, precedent, and principle.  (2) Presenting a case: what prove, how prove, how present, what law, why that law.  ---  12/30/1992

Law.  ---  Practice of law.  (1) Facts of case.  (2) Legal issues or dispute (ethics).  (3) Answer of judge.  (4) Rule of law.  ---  12/30/1992

Law.  ---  Practice of law.  (1) Interview.  (2) Analysis of case (facts, issues, judges answer, rule of law).  (3) Research, writing, presentation.  (4) Trial skills.  ---  12/30/1992

Law.  ---  Practice of law.  (1) Reasoning skills.  Searching out, sorting, and proving important facts.  Searching out, sorting, and proving applicability of important issues.  (2) Oral skills: prosecution, defense.  (3) Written skills: notes on case, speeches, court documents.  (4) Research skills.  Find all material relevant to topic: complete search.  Find no irrelevant material.  Most current to oldest history.  Most to least important.  (5) Business skills.  Employees, records, clients.  Whose case take, why, and whose case reject, why.  How many cases to take, based on ability vs. desire for profits.  ---  12/30/1992

Law.  ---  Practice of law.  (1) You can argue the facts.  What evidence is admissible.  Which conclusions are justified.  (2) You can argue the law.  Which law applies and why.  Letter vs. spirit of law.  ---  12/30/1992

Law.  ---  Practice of law.  Law practice, lawyering.  Role of lawyer in common law system vs. civil law system.  ---  12/30/1992

Law.  ---  Practice of law.  Legal disputes.  Who did what?  Was it ok to do, or not?  What to do about it?  ---  12/30/1992

Law.  ---  Problem with the legal system.  There should be micro-penalties for micro-crimes.  This is what each individual is obliged to do.  ---  1/22/1999

Law.  ---  Problems of legal systems.  (1) Not making unethical acts illegal.  (2) Making ethical acts illegal.  ---  10/25/2004

Law.  ---  Problems.  (1) Too many vs. too few laws.  (2) Too restrictive vs. too lax.  In what subject areas.  ---  12/30/1992

Law.  ---  Religion and law.  Religious law is baloney.  Law can and should be separated from religion.  Ethics can and should be separated from religion.  Religion can and should be separated from government.  Religious government and religious law are unethical.  ---  11/12/2005

Law.  ---  Rule.  A rule is an if-then procedure that limits possible actions.  ---  12/30/1995

Law.  ---  Rules.  Setting sanctions and setting penalties.  If you do x, then you will do y punishment.  ---  11/30/1997

Law.  ---  Situations lead to ethical choices, which lead to arguments pro and contra, which lead to laws.  ---  12/30/1992

Law.  ---  Social norms.  (1) Laws (written).  (2) Mores (taboos/sanctions and rewards).  (3) Customs, folkways, habits (ethically neutral).  ---  12/30/1992

Law.  ---  Sociology and law.  Development of an society vs. development of its legal system (growth stagnation decay).  ---  12/30/1992

Law.  ---  Sociology and law.  Ethics of an society (norms) vs. ethics of its power holders (law).  ---  12/30/1992

Law.  ---  Sociology and law.  Is society better with or without a specific law?  ---  12/30/1992

Law.  ---  Sociology and law.  Two important questions.  (1) What's the best legal system for a society, in both the areas of substance (means and ends) and procedure (tools, techniques, institutions)?  (2) Given a specific legal system in a specific society, what are its good and bad points?  ---  12/30/1992

Law.  ---  Some say that religious law is baloney, because any group can say that god tells them to make any law.  ---  11/30/1997

Law.  ---  Spirit of law vs. letter of law.  ---  12/30/1992

Law.  ---  Tasks of a society when creating a legal system.  (1) The society has to make an accurate, reasoned analysis of everything that is ethical (i.e., a matter of good and bad) and non-ethical (i.e., not a matter of good and bad, such as aesthetic matters).  (2) Then, of the ethical matters, the society has to make an accurate, reasoned analysis of everything that is ethical (meaning "good") and unethical (meaning "bad).  (3) Then, of all the unethical matters, the society has to make an accurate, reasoned analysis of what should be considered illegal (i.e., a crime).  ---  6/22/2001

Law.  ---  The big decisions.  What is ethical and unethical?  What is legal and illegal?  ---  9/25/2000

Law.  ---  The existence of a legal system is no indication of its ethicalness.  ---  11/30/1997

Law.  ---  The test of a legal system is whether it is ethical.  For example:  (1) The innocent are not convicted.  (2) The guilty do not go free.  (3) Crime is low.  (4) Punishments are in proportion to crimes.  ---  6/22/2001

Law.  ---  Two extremes: no laws versus all laws.  Having no law is anarchy.  Having everything subject to law would likely lead to legal gridlock.  ---  7/31/2006

Law.  ---  Two hypotheticals.  (1) Imagine a legal system that was all tort law, with no criminal law.  (2) Imagine a legal system that was all criminal law with no tort law.  ---  9/30/2002

Law.  ---  Two hypotheticals.  (1) Imagine a legal system with only a few wide-sweeping laws.  (2) Imagine a legal system with very many, very narrow laws.  ---  9/30/2002

Law.  ---  Two problems of law making:  (1) Unjust law made.  (2) Just law not made.  ---  5/24/2006

Law.  ---  Two types of legal errors.  (1) No law when there should be a law.  (2) A law when there should not be a law.  ---  7/31/2006

Law.  ---  Types of law.  (1) Law by geography: law in general, in USA, and in NYS.  (2) Law by subject: see types of law.  (3) Law by time: old vs. new laws.  ---  12/30/1992

Law.  ---  Types of law.  Common law vs. code law.  Constitutional law vs. administrative law.  Procedural law vs. substantive law.  Public law (constitutional law, administrative law, and criminal law) vs. private law (torts, and contracts).  Criminal law vs. civil law (ex. tort).  ---  12/30/1992

Law.  ---  Types of law.  Complex vs. simple law systems in complex vs. simple societies.  Complex vs. simple law systems equals many rules vs. few rules.  Which is a separate question from good rules vs. bad rules.  ---  11/30/1997

Law.  ---  Types of law.  Laws on any subject, object, relationship, event or action.  ---  12/30/1992

Law.  ---  Types of laws.  Written vs. unwritten.  Enforced vs. unenforced.  Bigger vs. smaller.  Important vs. unimportant.  Simple vs. complex.  Rational, logical, sensible vs. irrational.  Enduring vs. changing.  Just vs. unjust.  Broad vs. specific.  Big laws vs. little laws.  Broad vs. detailed laws.  ---  12/30/1992

Law.  ---  Universality of law.  A universal legal system is an extension of Kant's notion of ethics based on universal principles, in which an individual person can consider an action to be good if it is true that it would be good if everyone did the action.  ---  11/12/2005

Law.  ---  Universality of law.  If law is just for some humans then it would be just for all humans.  Thus, a just legal system would apply to all humans.  Thus, there could be, and should be, a world legal system.  ---  11/12/2005

Law.  ---  What are the most basic laws that set up the legal system itself?  Constitutional law.  ---  5/25/2006

Law.  ---  What are the most common cases, judgments, and reasons?  What are the most important cases, judgments, and reasons?  ---  04/01/1994

Law.  ---  What is law?  (1) Law as applied ethics.  (2) Law as formalized ethics.  (3) Laws as rules.  ---  12/30/1992

Law.  ---  What is law?  Law as a method of dispute (conflict) resolution.  Other ways include violence, and talk (negotiate, bargain, arbitrate).  ---  12/30/1992

Law.  ---  What is law?  Law as a way to set up the structure and mechanism of a society, in order to get goals and avoid anti-goals.  ---  12/30/1992

Law.  ---  What is law?  Law as one of the ways of utilizing political power.  Other ways include physical force, mental force, threat, beg, propaganda (lies), whim, rational persuasion, name calling (praise, mock).  ---  12/30/1992

Law.  ---  What is law?  Law is a political (power) tool for power holders to get the goals that they value.  ---  12/30/1992

Law.  ---  What is law?  Law is the exercise of power according to principles?  ---  11/30/1997

Law.  ---  What is law?  Laws are written, codified attempts at enforcing ethics.  ---  1/28/2005

Law.  ---  What is law?  No law equals chaos.  No law equals rule by might.  No justice equals an asshole in power or in charge.  ---  11/30/1997

Law.  ---  What is law?  Origins of law: (1) Power.  (2) Ethics.  (3) Organization and coordination.  (4) People want to control their stuff and money, and each other.  ---  12/30/1992

Law.  ---  What is law?  Views of law.  (1) Law as crime prevention.  (2) Law as justice, including not only criminal law but also tort law.  (3) Law as political order and control by the state.  (4) Law as conflict resolution between parties.  (5) Law as guaranteeing equality and freedom for individuals.  (6) Law for the group.  ---  7/25/2002

Law.  ---  What is law.  Definitions of law.  (1) Narrow definition.  Law as litigation, cases, lawyers, judges, etc.  (2) Broader definition.  Law as law making (government), law enforcement (police), law litigation (trials) and law punishment (prisons).  ---  10/25/2004

Law.  ---  What is law.  Definitions of law.  Law as the arbitrary social conventions agreed upon to help organize a society.  For example, the law that people drive on the right side of the road in the United States and the law that people drive on the left side of the road in England.  (1) What percent of the laws on the books are laws stipulating arbitrary social conventions?  (2) Is a convention ever truly arbitrary?  Or are seemingly arbitrary social conventions created by people who have power agendas?  ---  10/25/2004

Law.  ---  What is law.  Definitions of law.  Law as the will of the power holders vs. law to protect the rights of the disempowered.  Law as will of power holders is unjust.  Law to protect the rights of the disempowered is just.  ---  10/25/2004

Law.  ---  What legal knowledge do you need to do x act, in order to get x goal, or to live in a society?  ---  12/30/1992

Law.  ---  What percent of the innocent are convicted?  What percent of the guilty go free?  ---  10/25/2004

Law.  ---  What was law designed to do vs. what did law end up doing and why?  ---  12/30/1992

Law.  ---  Why are our laws all based on meting out sanctions?  Do we have any laws that reward certain actions in certain situations?  Why is law not about reward?  ---  10/28/2001

Law.  ---  Why do we have law?  Why do we/i study law?  How practice law?  How study law?  ---  12/30/1992

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Paul Nervy Notes. Copyright 1988-2007 by Paul Nervy.