By Brenda Mothersole, Ann Ridley (auth.)
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Additional info for A-Level Law in Action
Private international law, sometimes called conflict of laws, is concerned with disputes which arise between persons from different jurisdictions, for example the sort of dispute which may arise in an international trade agreement. In a contract between an English company and a Swiss company about the delivery of goods to a Nigerian company, questions may arise about whether the rules of English, Swiss or Nigerian contract law should apply to the contract and which courts should have jurisdiction to hear the case.
It may be contrasted with common law, which in this context means the law developed and applied by the common law courts. The history of equity is briefly examined below and you will find references to it throughout this book. Equity developed alongside the common law and filled in the gaps in the common law: it was said to be 'a gloss on the common law'. The Norman conquest allowed a centralised legal system to develop and by the 13th century three Royal Courts existed to settle disputes - the Court of Exchequer, the Court of Common Pleas and the Court of King's Bench .
The relationship between law and morality and the question of why people obey the law are discussed in more detail below. In the course of your studi es, you will become familiar with the 'rules' relating to many different areas of substantive law, for example the rules of contract law, the rules of employment law and so on. But law is not simply a body of rules: its origins and the way it is perceived may depend on the society from which it comes. There is, in other words, a cultural dimension to the law, a relationship between the law and the society which it governs.
A-Level Law in Action by Brenda Mothersole, Ann Ridley (auth.)