Category: System
(40 von 100)
Why: I adopt Viking’s advice to learn the Bjarkey code (law book).
Goal: find out what law I should study to do business in Japan and Germany.
Table of Contents
Action: Learn Civil and Private Business Law Together.
3 Key Concepts
- Thai, Japanese, and German law are civil law.
- Public law is between state and a person, private law is between persons.
- Law is confusing, because they keep using same word for everything.
Summary
How to learn a law?
I suggest that I use a law textbook as my pillow from now on. It is just way too darn thick.
This book from Card and James explains English law, which is common law. So if you do not live in a commonwealth country or the USA, then the details do not apply to you. As I want to learn law to do business in Japan and Germany, this book does not help much.
As an engineer, I learned the difference between “What is law?” and a good start. So here is a simple summary.
What is law?
Whilst it could be said that all laws are rules, it is certainly not the cast that all rules are laws
Card & James
The next question should be, “How are some rules elevated to legal status and some aren’t?”
Now that won’t be covered here. As I am also still finding out why, hahaha. Guys, you have to also do your own work.
The legal system, though, consists of more than rules. There are also rights, principles, and policies. Yeap, that is why it is so complicated to practice law. Many subtleties.
Criminal law vs Civil law
Criminal law
- To punish wrongdoers and deter others from committing crimes.
- Innocent or convicted
- Must prove the guilt beyond a reasonable doubt.
Civil law
- To compensate a loss or injury due to the acts or omissions of another.
- Win to get remedy or lose to get nothing
- Must prove on a balance of probabilities.
Public law vs Private law
Private law is the relationship between individuals. e.g., contracts and labor laws.
Public law is the relationship between an individual and the government. e.g., criminal law.
Common law systems vs Civil law systems
Common law
- Originated during the Norman Conquest in 1066.
- Case law
- Judges create and interpret law
- Binding precedent
Civil law
- Originated in Roman law – the COrpus Juris Civilis during 529-34 Ce by Emperor Justinian.
- Codes in numbers
- Judges interpret law in line, no creation.
- No binding precedent
To sum up, treat your book of law kindly as it applies to our every act in a frame of society.
Goal check: I, at least, found out what law means.
Wasu’s Review
( 5.0 / 5.0 )
Bonus: Business Law 101 course from UCLA is all you need to get started.