The Introduction to Law that you are now holding is special in the sense that it
introduces students to law in general and not to the law of one specific jurisdiction.
It has been written with two purposes in mind. In the first place, this book is meant
to be used in the course Introduction to Law of the Maastricht European Law
School. This course aims to provide law students with global knowledge of the
basic legal concepts, elementary philosophy of law, and the main fields of law.
Since the European Law School does not exclusively focus on the law of one
particular European jurisdiction, there is need for an introductory course that also
abstracts from the law of specific jurisdictions.
In the second place, and possibly more importantly, this book reflects a special
way of looking at legal education. We believe that it is of crucial importance for
lawyers to be aware of the different ways in which societal problems can be solved
and to be able to argue about the advantages and disadvantages of different legal
solutions. Being a lawyer involves, on this view, being able to reason like a lawyer,
even more than having detailed knowledge of particular sets of rules.
The present Introduction to Law reflects this view by paying explicit attention
to the functions of rules and to ways of reasoning about the relative qualities of
alternative legal solutions. Where ‘positive’ law is discussed, the emphasis is on the
legal questions that must be addressed by a field of law and on the different kinds of
solutions that have been adopted by—for instance—the common law and the civil
law tradition. The law of specific jurisdictions is mainly discussed by way of
illustration of a possible answer to, for instance, the question when the existence
of a valid contract is assumed.
The editors want to thank the authors who contributed to this book and whose
names are mentioned in the headings of the chapters they wrote. Not mentioned in
specific chapters but also important are the contributions of, in alphabetical order,
Emanuel van Dongen, Amoury Groenen, Sascha Hardt, Philipp Kiiver, Dennis
Patterson, Christian Pfeiffer, Dietmar von der Pfordten, Ralf Poscher, Mark Seitter,
Anjum Shabbir, Jasmine Styles, Andre´ van der Walt, Antonia Waltermann, the
anonymous reviewers who kindly commented on draft versions of the chapters, and
the many students who commented on earlier versions of the texts. In different
stages of the preparation and in different ways, all these persons assisted in making
this book possible, and the editors express their gratitude for these contributions.
v