Someone recently bought our

students are currently browsing our notes.


Form And Function~ Laws110 Notes

Law Notes > Legal Foundations (LAWS110) Notes

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.

The following is a more accessble plain text extract of the PDF sample above, taken from our Legal Foundations (LAWS110) Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

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
Eternal system
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
Eurocentric idea.
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

Functionalists- reality
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

Buy the full version of these notes or essay plans and more in our Legal Foundations (LAWS110) Notes.