LAW FOR FOOD AND FASHION
MODULE 1
Lecture 1- SOURCES OF LAW & PUBLIC AND PRIVATE LAW
What is law?
LAW
=justice, order, rights and obligations, power, rules…etc. In reality law is something more palpable
that legislation or authority. Law was born with the human being, for the human being (written in the
history of mankind). In order to create order between people, law is required , thus more people are
needed to create a law.
There are two factors at the origin of law:
• organisation: people decide to behave in a certain way to pursue a specific objective
• compliance with the rules: people should behave as if the rule is binding=> therefore breaking
the rule results in bad consequences
Law is a prescription:
• natural/ economic science laws: descriptive (describe how people or natural phenomena
usually behave)
• legal science laws: prescriptive (which are rules governing how people ought to behave:it
does not say what it is,but what is ought to be)
Law is intended to prevent and resolve conflict by organizing and describing the rights and duties
in our society
At the same time we are subject to more systems of laws (legal orders): int. organizations
(treaties), state (legislation, case law), region, country, city (local legislation), private organizations
(contracts).
Law can be split into two types: public and private.
Public law:
• covers relationship where authorities are involved as such: state, eu union, regions,
municipalities
• relationship is vertical
• public subjects can exercise their power on private subjects
• can be distinguished into: constitutional law, administrational law, criminal law, tax law, civil
procedure, criminal procedure
Private law:
• applied to relationship between subjects which do not have public power pr they do not
exercise it contract law, labor law, family law, business law
• private subject are equal (ex. associations, companies, natural persons) therefore the
relationship is horizontal
,Lecture 2- THE STATE AND PUBLIC POWERS
The state is an organization regulated by the law
● People (citizens)
● Power/ Sovereignty (the supreme authority of the state-limitless)
● Territory (land, waters, territorial sea)
The state:
● can use it's power toward individuals (they don't take commands from the inside, but the
citizens inside have to comply with the law).
● Has the monopoly of the legitimate use of force
● Prohibited to use the force among individuals
● Has the power to make laws, apply penalties, to obligate people to do smth against their will
(prerogatives)
Failed state=Somalia-from 1990 on there is no authority=> therefore one of the missing elements
to have a state
Puppet state= Nazi Germany, Northern Cyprus (Turkye)
Federal states= Sao Paolo (brazil), …
CONSTITUTION
=the most important law (the fundamental law of the state).The first Constitution was in the U.S.
The constitution
● is made up of rights and obligations.
● regulates how the state works (how sovereignty works).
● can be written or unwritten (U.K.)
SOVEREIGNTY
It is made up of three main legal powers : legislative, executive and judicial
1. LEGISLATIVE POWER
● In the U.S: The Parliament is made up of the "Chamber of Representatives" (the people)-
"The Senate" (the government)
● In the U.K the Parliament is made up from "House of Lords"
● In France the Parliament is made up of "
● In democratic states the legislative power is exercised by the Parliament, which is elected
periodically by the citizens
2. EXECUTIVE POWER
● Is the authority to enforce laws and to ensure they are carried out as intended
● The power is exercised by the government
● Is composed by the Prime Minister and the Ministers
● Exercises the executive powers through the Public Administration (police, army, public
officers, schools, hospitals)
● In Europe the presidents can be removed easily by the government or the parliament
3. JUDICIAL POWER
● Judicial power is the authority to solve disputes on the basis of law
● The judiciary power is exercised by courts (judges)
● Are chosen either through elections (EU) or public competitions (US)
, SEPARATION OF POWERS
The three powers must be divided -" In order to avoid despotism, the public power must be
separated" (Montesquieu, "The spirit of law", 1748)- and balance each other.
Ex. If one of the powers tries to take over the other two have to step in and stop it. ("checks and
balance")
In the U.S.: President, Congress and The Supreme Court
- If the Congress tries to take over, The President is able to VETO laws adopted by the Congress
(at least one time)
-If the Supreme Court tries to take over, The president (proposes a name) must cooperate with the
Congress (elects the name)
Lesson 3- THE STATE LEGAL ORDER
CONSTITUTION
LAWS OF THE PARLIAMENT
EXECUTIVE REGULATIONS OF THE G
Emergency Law- has a deadline
- is made by the P in case of emergency
- they will stop being effective after the deadline (every state has its procedures)
- it is possible to repass a new emergency law (copy paste by the last one)
INTERPRETATION
Laws are abstract, they are written in abstract ways, however they are made to bring order, that is why
you need interpretation.
Laws must be interpreted and applied by legal officers, administrators, those who apply it in the real
world need to have interpretation. You need to adapt the law for a specific situation.
RULES OF INTERPRETATION:
- literal: the most useful (you need to take the law as it is written, you cannot change the
meaning of the law, it is super precise, literal meaning of words, exactly what it is-ex. if you
dont wear a mask in public places you will be fined), we live in a complex reality so
sometimes the law doesn’t make sense (short, clear message to the population, it depends on
the issues, depending on the situation they can have a longer message)
- teleological (means end, objective, goal, final outcome): sees the law as having a purpose ,
and it says that law is defective insofar as it does not further that purpose.
- systematic: every law must be written in connection with the other laws (the general rule can
be interpreted in another way, but only in connection with other rules (ex- you will not be
MODULE 1
Lecture 1- SOURCES OF LAW & PUBLIC AND PRIVATE LAW
What is law?
LAW
=justice, order, rights and obligations, power, rules…etc. In reality law is something more palpable
that legislation or authority. Law was born with the human being, for the human being (written in the
history of mankind). In order to create order between people, law is required , thus more people are
needed to create a law.
There are two factors at the origin of law:
• organisation: people decide to behave in a certain way to pursue a specific objective
• compliance with the rules: people should behave as if the rule is binding=> therefore breaking
the rule results in bad consequences
Law is a prescription:
• natural/ economic science laws: descriptive (describe how people or natural phenomena
usually behave)
• legal science laws: prescriptive (which are rules governing how people ought to behave:it
does not say what it is,but what is ought to be)
Law is intended to prevent and resolve conflict by organizing and describing the rights and duties
in our society
At the same time we are subject to more systems of laws (legal orders): int. organizations
(treaties), state (legislation, case law), region, country, city (local legislation), private organizations
(contracts).
Law can be split into two types: public and private.
Public law:
• covers relationship where authorities are involved as such: state, eu union, regions,
municipalities
• relationship is vertical
• public subjects can exercise their power on private subjects
• can be distinguished into: constitutional law, administrational law, criminal law, tax law, civil
procedure, criminal procedure
Private law:
• applied to relationship between subjects which do not have public power pr they do not
exercise it contract law, labor law, family law, business law
• private subject are equal (ex. associations, companies, natural persons) therefore the
relationship is horizontal
,Lecture 2- THE STATE AND PUBLIC POWERS
The state is an organization regulated by the law
● People (citizens)
● Power/ Sovereignty (the supreme authority of the state-limitless)
● Territory (land, waters, territorial sea)
The state:
● can use it's power toward individuals (they don't take commands from the inside, but the
citizens inside have to comply with the law).
● Has the monopoly of the legitimate use of force
● Prohibited to use the force among individuals
● Has the power to make laws, apply penalties, to obligate people to do smth against their will
(prerogatives)
Failed state=Somalia-from 1990 on there is no authority=> therefore one of the missing elements
to have a state
Puppet state= Nazi Germany, Northern Cyprus (Turkye)
Federal states= Sao Paolo (brazil), …
CONSTITUTION
=the most important law (the fundamental law of the state).The first Constitution was in the U.S.
The constitution
● is made up of rights and obligations.
● regulates how the state works (how sovereignty works).
● can be written or unwritten (U.K.)
SOVEREIGNTY
It is made up of three main legal powers : legislative, executive and judicial
1. LEGISLATIVE POWER
● In the U.S: The Parliament is made up of the "Chamber of Representatives" (the people)-
"The Senate" (the government)
● In the U.K the Parliament is made up from "House of Lords"
● In France the Parliament is made up of "
● In democratic states the legislative power is exercised by the Parliament, which is elected
periodically by the citizens
2. EXECUTIVE POWER
● Is the authority to enforce laws and to ensure they are carried out as intended
● The power is exercised by the government
● Is composed by the Prime Minister and the Ministers
● Exercises the executive powers through the Public Administration (police, army, public
officers, schools, hospitals)
● In Europe the presidents can be removed easily by the government or the parliament
3. JUDICIAL POWER
● Judicial power is the authority to solve disputes on the basis of law
● The judiciary power is exercised by courts (judges)
● Are chosen either through elections (EU) or public competitions (US)
, SEPARATION OF POWERS
The three powers must be divided -" In order to avoid despotism, the public power must be
separated" (Montesquieu, "The spirit of law", 1748)- and balance each other.
Ex. If one of the powers tries to take over the other two have to step in and stop it. ("checks and
balance")
In the U.S.: President, Congress and The Supreme Court
- If the Congress tries to take over, The President is able to VETO laws adopted by the Congress
(at least one time)
-If the Supreme Court tries to take over, The president (proposes a name) must cooperate with the
Congress (elects the name)
Lesson 3- THE STATE LEGAL ORDER
CONSTITUTION
LAWS OF THE PARLIAMENT
EXECUTIVE REGULATIONS OF THE G
Emergency Law- has a deadline
- is made by the P in case of emergency
- they will stop being effective after the deadline (every state has its procedures)
- it is possible to repass a new emergency law (copy paste by the last one)
INTERPRETATION
Laws are abstract, they are written in abstract ways, however they are made to bring order, that is why
you need interpretation.
Laws must be interpreted and applied by legal officers, administrators, those who apply it in the real
world need to have interpretation. You need to adapt the law for a specific situation.
RULES OF INTERPRETATION:
- literal: the most useful (you need to take the law as it is written, you cannot change the
meaning of the law, it is super precise, literal meaning of words, exactly what it is-ex. if you
dont wear a mask in public places you will be fined), we live in a complex reality so
sometimes the law doesn’t make sense (short, clear message to the population, it depends on
the issues, depending on the situation they can have a longer message)
- teleological (means end, objective, goal, final outcome): sees the law as having a purpose ,
and it says that law is defective insofar as it does not further that purpose.
- systematic: every law must be written in connection with the other laws (the general rule can
be interpreted in another way, but only in connection with other rules (ex- you will not be
