The Necessity and Functions of Law
This page provides an in-depth exploration of the fundamental aspects of law in French society, covering its necessity, core principles, functions, and characteristics.
The Necessary Existence of Law
The document begins by establishing the relationship between morality and law. While morality is described as an individual's conception of right and wrong, law is defined as the set of rules organizing life in society.
Definition: Droit (Law) is defined as the ensemble of rules that organize life in society.
The French legal system is founded on four key principles:
- Liberty: The freedom to do anything that does not harm others.
- Equality: Equal rights and obligations for men and women.
- Fraternity: Collective mutual aid.
- Secularism: State respect for all beliefs.
Highlight: These four principles form the cornerstone of Les 4 principes du droit (The 4 principles of law) in the French legal system.
The Functions of Law
The document outlines several crucial functions of law in society:
- Organizing social life
- Establishing a rule of law
- Replacing force with legal mechanisms
- Arranging social relations
- Translating collective values into legal norms
Definition: Etat de droit (Rule of law) is defined as an institutional system where public power is subject to the law.
Highlight: The concept of Les fonctions du droit dans la société (The functions of law in society) is crucial for understanding the role of law in 1ère STMG curriculum.
Characteristics of Legal Rules and Their Application
The document concludes by defining the nature of legal rules:
Definition: A règle de droit (legal rule) is defined as the set of juridical rules that have a general, abstract, obligatory, and coercive character.
Vocabulary: Légitime (legitimate) in this context refers to a rule that is enshrined in law and recognized as having authority.
This comprehensive overview provides students with a solid foundation for understanding Les caractères de la règle de droit (The characteristics of legal rules) and their application in French society.
