GRE写作Issue部分精品素材分享之法律的概念

2015年08月19日15:03 来源：小站整理

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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.