Essence of Law and It Science

Essence of law and it science
Definition of law
Function of law
Law morality and customs
Legal relations and subjects of law

• We are human beings. We have to live together with someone else. We can’t live without cooperation with someone, because we are social creations. We need someone beside us. Because of many reasons, by logical, economical…every day we enter into relations with many people. Every day into relationship with other people, we have to follow some rules, which limits our personal interests. These rules called social rules. Every day we use this or that social rules. It means we govern relations between people.

Social rules (every day rules, we use when we relate with someone) consist of three types of rules:

1. Morality-relationship with other, ethical behavior (moral rules, human-being you should have and observe them)
2. Customs/traditions- each nation, religion have their customs. We have many customs, for example tamada, kelekhi. We have to follow it. (we can don't like them)
3. Legal rules-which we use every day in certain cases. For example: we should be on time at class.

Differences:

Form:  

1. Unwritten

2. Unwritten (from generation to generation)              

3. Majority of situation Written                                                          

Establishment :( who has write to adopt this rules)

1. Society (which apply this rules)

2. Society (during many centuries)

3. Authority (only by government)        

Interest:

1. Society (whole community, who wants to have moral rules)

2. Society (general)

3. State

Punishibility :

1. No punishable                     one&two are not connected by government

2. No punishable

3. Punishable If we break this legal rules we will be punished                

Four main indications of law:

1. Law  is established by the state or authority
2. Law consist of written rules in majority of cases
3. Law reflect interest of those people who established this rules
4. Law consist of obligatory rules ( if we break we will be punished)

Law is body of rules established by state or authority for the guidance of people conduct, which are implemented into society by means of compulsory measures in accorders with the interests of the person, class or majority of society.

We need law to rule people, but generally in democratic countries to protect

 Functions of law in society:

1. Functions of regulation- to regulate relations between me and you, between state bodies, what is permitted and what is forbidden
2. Security or protection of people- law should provide security of people
3. Function of estimation- only law have right to decide am I lawful or not. Is my behavior lawful or it illegal?

Social relation - how people interact each other

Legal relations- are the rules, which are regulated by legal rules.

Person/subject of law- subject is any person who has right and duties in legal relations.

Person: Natural person/physical person, legal entities

Legal status: 3 type of natural person
1. Citizens
2. Foreigners (limited legal status)
3. Stateless

Foreigners- forbidden things:

1. No right to participate in election or be elective;
2. Must not be public officers;
3. Cannot establish political party, to be member or to finance, invest…

 Stateless-person who has no citizenship of any country (illegal migration), (resident or nonresident of Georgia_ no citizenship)

Legal entity:

1. State
2. Public
3. Private (any businesses belong to private)

Legal status consist of two elements:

1. Legal capacity- the state or ability of a person to have write and duties, every subject of law have legal capacity. (Every subject of law has legal capacity, because they all have rights and duties)

Before 6-7 years only rights

At 14 years criminal and can get ID

At 16 years administration?

At 18 full age

At 21 elected parliament

At 30 judge

At 35 president

1. Legal capability-is physical and mental ability to carry out rights and duties. There are 3 categories of natural person

1. Person with full or complete legal capability;(a person who is 18 and has no mental or physical problems)
2. Person with limited legal capability;(some mental problems, but not full ; a  person from 7 up to 18 years recognized with limited)
3. Person without any legal capability.(a child under 6 years old and a person who has hard mental illness)

Legal entity never has any legal capability

Legal capability use only with natural person

Legal acts and it types
primary and secondary sources of law
constitution as a source of law
Law and  codes as sources of law
International treaties as a source of law
State and it science
Functions of a state
Principle of separation
Entirety of state power
State machinery, branches or state power in business
Social responsibility of business

• Legal acts  are written documents issued by authority which contains legal rules. Several types of legal acts : normative and individual legal acts.

Normative consists of general and repeated rules, they apply for great number of people and we use them until they are changed. Examples are constitutions, law, charter of LTD.

Individual acts are those kind of rules which are for special situation, they are one time rules. Example : dead of fire, order in appointment, order on firing. For example, when I am fired by police it deals only with me, not other people and is done once.  

Since ministry of finance establishes law for everyone, so it's normative. But once you are fired by revenue service it's individual.