clm at Bremen

Flashcards and summaries for clm at the Bremen

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d

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d

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d

4.5 /5

studysmarter schule studium
d

4.8 /5

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Exemplary flashcards for clm at the Bremen on StudySmarter:

definition function of law 

Exemplary flashcards for clm at the Bremen on StudySmarter:

law and society 


Exemplary flashcards for clm at the Bremen on StudySmarter:

Hobbes 

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Exemplary flashcards for clm at the Bremen on StudySmarter:

law: negative social function

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positive social function

Exemplary flashcards for clm at the Bremen on StudySmarter:

liberal: social model

Exemplary flashcards for clm at the Bremen on StudySmarter:

neoliberal, procedural model 

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Exemplary flashcards for clm at the Bremen on StudySmarter:

liberal model

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when replacement of state power from religious power

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impact of 1648

Exemplary flashcards for clm at the Bremen on StudySmarter:

law and technology 

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Exemplary flashcards for clm at the Bremen on StudySmarter:

dimensions of comparative law 


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Exemplary flashcards for clm at the Bremen on StudySmarter:

clm

definition function of law 

law is social infrastructure, it exists because and insofar human society - understood as the living together of humans-exists 


ubi societas, ibi et ius


where is society should be law

clm

law and society 


dependable pair 

embedded in society, product of social norms practiced in society- society influences norms 

different theories 


Rousseau: from law of the jungle to  social contract ; societal given rules, state of 

mutual cooperation 



clm

Hobbes 

war of all against all 

society should subordinate under power monopoly the state 

idea. people are among each other-not good

primarily

clm

law: negative social function

law serves to prevent and solve conflicts among members of society 


clm


positive social function

law provides guidelines 

on the good and beneficial behavior of individuals forming part of society 

clm

liberal: social model

a model that exists beside between law and society 


law to protect weaker party 

case: daughter takes family surety 

father dies and leaves debts 

social answer: human dignity 

daughter can't be declared responsible and left with nothing 


social protection may backfire: e.g USA doctors have to pay huge mandatory insurance which is very expensive thus they have high treatment costs- not for poor people 

clm

neoliberal, procedural model 

law just intervenes when an obvious failure took place 


mostly liberal but in some cases the state intervenes 


surety case: daughter had to be better informed 

clm

liberal model

law just as object 

since elucidation. reciprocal justice 


law as object as obligation to fulfill contracts 

no tolerance e.g reasons why breach of contracts 

law as infrastructure for legal activity-market function


case answer: daughter has to pay: contract is contract  

clm

when replacement of state power from religious power

enlightment, elucidation, grand revolution 

1648 thirty years war

secularization

clm

impact of 1648

peace of Westphalia 

modern nation states-transition from personal to territorial application 

states characterized by rule of law

legal rules govern social fields-private and public law


clm

law and technology 

internet and technologies; algoritmics may replace legal services 

smart contracts with self performing remedies 

automatic conclusion 

e.g logical if-then contracts 

choc bar machine

financial and insurance sector 

weniger miete.de 

clm

dimensions of comparative law 


1 areas of law

2 legal systems 

3 methods of comparative law - functional method as basis  

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