01 -introduction
- 1. 1 Learning Outcome 1 Marine Law Lesson 1 HNC Nautical Science Marine Law & Management Aim • To introduce the unit to the students and to discuss what is law Objectives By the end of the session the student will be able to: • Identify the purpose of the unit • List the learning outcomes • Assessment procedure for the unit • LO1 topics • What is law & why is it required? • Definitions of law • Classes of law
- 2. 2 Unit Purpose • This unit will introduce the candidate to the relationship between law, codes and other forms of guidance relating to ship and crew safety and operations. • It also covers the principles of personnel management at operational level On Completion of the Unit • The candidate should be able to 1. Explain the systems of law and guidance operating at National and International level. (Outcome 1) 2. Describe the legal and guidance regulations relating to different areas of operations and safe practices on board ship. (Outcome 2) Marine Law Assessment • Outcome 1 and 2 (MARINE LAW) will be assessed in combination by means of a closed book assessment under supervised conditions.
- 3. 3 L.O. 1 - Topics • The English legal system including statute and common law • Criminal and civil law including examples and court procedures • The formation of International law and how it becomes applicable to nationals of a country/flagged vessels • Legal and non-legal regulations and compliance What Is Law? ‘What do you think is law?’ In groups come up with a definition of law. "commands, backed by threat of sanctions, from a sovereign, to whom people have a habit of obedience". • John Austin
- 4. 4 • The system of rules that a particular country or community recognizes as regulating the actions of its members and may enforce by the imposition of penalties Classes or Systems of English Law Common Law (Case Law, Precedent) • Comprises ancient customs, judicial precedent and enacted laws • Is judge made law • Is not recorded in statutes, i.e. Acts of Parliament. Statute Law • Is the body of UK law contained in statutes i.e. Acts of Parliament e.g. Merchant Shipping Act 1995) • Is now the main source of English law Definitions of Criminal Law • “German historical school” 19th century German, Savigny supported the - the law in a country represents the spirit of the people.
- 5. 5 Definitions of Criminal Law • Austin founder of Analytical School of Jurisprudence (theory & philosophy of law) took the view that law is a command issued by a superior (state) to an inferior (individual) and enforced by punishments (sanction) • Salmond defined law as the body of principles recognised and applied by the state in the administration of justice. Classes or Systems of English Law Civil Law • Is the law primarily concerned with the rights and duties of individuals and companies towards each other. It is made by judges in the civil courts. Includes the law of contract, the law of tort, the law of property etc. • Has a separate court system and procedure from the criminal court system and procedure. Its object is not the punishment of the wrongdoer but to give a remedy to the persons wronged. What type of laws or rules are we familiar with? • Legislation • Codes of Conduct • Sporting Laws • Morals • Religion
- 6. 6 What do we expect rules to do? • Make things run smoothly. • Govern society • Create law and order. • Control behaviour of members. • Create obligations between people. • Provide a remedy if someone suffers a wrong. • Punish those who break the rules. Without rules we would have? • Confusion • Conflict • Anarchy So what...... • is a definition of law? • classes of law exist in the UK? • is law?