This is an extract of our Form And Function~ Laws110 document, which we sell as part of our Legal Foundations (LAWS110) Notes collection written by the top tier of University Of Canterbury, Christchurch students.
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Laws101 4 March
Form and function
Morality- the Nazi Wife- Look at this on Thursday
Is Formalism the limit of the law
Idea law defined by lawDoes not include the customs
Does not include the purpose
Doesn't take into account how it is enforced
If have the formal structure, and if no one follows it
Only works in certain societies but it doesn't fit all societies
Most of disputes are not resolved in the courts in NZ
The disputes tribunal
Its not really a conception of law, needs to be global
Hart in attempting to define a concept
He described a Western legal system of rules and he gave that the status of law. It is a
The rule on the ground may not match the statue. Different villages
In many societies customs are just as important as the law, custom of the village, so Harts system would say they are not losing law they are using custom
Harts definition ignores a group of rules
No official law that states that English is the language of New Zealand
In practice English is the main language, laws are written in English etc.
Little mentioned in statue
Convention, tradition, custom and practice.
None of it is law.
Hart might be irrelevant
Alternative view- Harts definition focuses on form, it is too narrow,
Hart-formality and rules
Realists- how the law plays out in practice
Argue about how things work
How do you know what makes it law
Functionalists- the nature of law is about society, sociological approach not a formal approach
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