Long Definition of Legal
One definition is that the law is a system of rules and policies applied by social institutions to govern behavior. [2] In The Concept of Law, Hart argues that the law is a “system of rules”; [35] Austin stated that the law was “the command of a sovereign supported by the threat of sanctions”; [36] Dworkin describes law as an “interpretive concept” for achieving justice, in his text Law`s Empire; [37] And Raz argues that the law is an “authority” to arbitrate people`s interests. [38] Holmes said, “The prophecies of what the courts will actually do, and nothing more presumptuous, are what I mean by the law.” [39] In his treatise on law, Thomas Aquinas argues that law is a rational order of things concerning the common good, proclaimed by the one who is entrusted with the care of the community. [40] This definition has both positivist and naturalistic elements. [41] The legal framework of the state and obedience to the law, in which industrial society is embedded, threaten to collapse. In common law systems, court decisions are explicitly recognized as “law”, on an equal footing with laws enacted through the legislative process and regulations made by the executive. The “doctrine of precedent” or stare decisis (Latin for “sticking to decisions”) means that decisions of higher courts bind lower courts and future decisions of the same court to ensure that similar cases lead to similar results. In contrast, in “civil” systems, statutory laws tend to be more detailed and court decisions shorter and less detailed, as the judge or lawyer writes only to decide the individual case, rather than presenting arguments that will guide future courts. Religious law is explicitly based on religious commandments. Examples include Jewish halacha and Islamic Sharia – both of which translate to “way forward” – while Christian canon law also survives in some religious congregations.
Often the implication of religion for law is immutable, because the Word of God cannot be changed or laws made by judges or governments. [105] However, a complete and detailed legal system generally requires human elaboration. For example, the Qur`an has a certain law, and it acts as a source for other laws by interpretation,[106] Qiyas (reasoning by analogy), Ijma (consensus) and precedent. This is mainly contained in a set of laws and regulations known as Sharia or fiqh. Another example is the Torah or the Old Testament in the Pentateuch or the five books of Moses. It contains the basic code of Jewish law used by some Israeli communities. Halakha is a code of Jewish law that summarizes some of the interpretations of the Talmud. Nevertheless, Israeli law only allows litigants to enforce religious laws if they wish. Canon law is used only by members of the Catholic Church, the Eastern Orthodox Church and the Anglican Communion. A corollary of the rule of law is the existence of a legal profession sufficiently autonomous to invoke the authority of an independent judiciary; the right to assist a barrister in legal proceedings stems from this consequence – in England, the function of a lawyer or lawyer is distinct from that of a legal adviser. [154] As stated by the European Court of Human Rights, justice should be reasonably accessible to all and people should be able to anticipate how the law will affect them.
[155] Legal research to determine current legal status is important to legal practice in the common law tradition. This usually involves reviewing case reports, legal journals and legislation. Legal practice also includes the preparation of documents such as court briefs, persuasive pleadings, contracts or wills and trusts. Negotiation and dispute resolution skills (including alternative dispute resolution techniques) are also important for legal practice, depending on the area of expertise. [160] All legal systems deal with the same fundamental issues, but legal systems categorize and identify their legal issues in different ways. A common distinction is made between “public law” (a term closely associated with the state and encompassing constitutional, administrative and criminal law) and “private law” (which includes contracts, torts and property). [171] In civil law systems, contract and tort are governed by a general law of obligations, while the law of trusts is governed by law or international conventions. International law, constitutional and administrative law, criminal law, contracts, tort, property law and trusts are considered the “traditional commodities”,[172] although there are many other disciplines. He is guilty of the weakness of taking refuge in what I believe to be called, in legal terms, a minor matter. Jeff Kosseff, a former journalist turned lawyer and jurist, became one of the leading experts on the 1996 law and is the author of the aptly titled book “The Twenty-Six Words That Created the Internet.” Legal means related to or according to the law. Lawyers work in the legal profession, but are not always lucky enough to find a legal parking space near their office.
Companies are not sharing this information, in part because of concerns about the legal consequences Trek now faces. In 1934, the Austrian philosopher Hans Kelsen continued the positivist tradition in his book “Queen Rechtstheorie”. [51] Kelsen believed that although the law is distinct from morality, it is endowed with “normativity,” meaning that we should obey it. While laws are positive statements (for example, the fine for reversing on a motorway is €500); The law tells us what we “should” do. Thus, it can be assumed that every legal system has a basic norm that commands us to obey. Kelsen`s main opponent, Carl Schmitt, rejected both positivism and the idea of the rule of law because he did not accept the primacy of abstract normative principles over concrete political positions and decisions. [52] Schmitt therefore advocated jurisprudence on the exception (state of emergency), which denied that legal norms could encompass all political experience. [53] The scope of the Act can be divided into two areas. Public law concerns the State and society, including constitutional, administrative and criminal law. Private law deals with disputes between individuals and/or organizations in areas such as contracts, property, tort and commercial law. [18] This distinction is stronger in civil law countries, particularly in countries with a separate system of administrative tribunals; [19] [20] In contrast, the gap between public and private law is less pronounced in common law systems.
[21] [22] The main legal institutions in developed countries are independent courts, representative parliaments, an accountable executive, the military and police, bureaucratic organizations, the legal profession, and civil society itself. John Locke in his Two Treatises on Government and Baron de Montesquieu in L`esprit des lois argued for a separation of powers between politics, the legislative and the executive. [124] Their principle was that no one should be able to usurp all the powers of the state, contrary to Thomas Hobbes` absolutist theory of Leviathan. [125] Sun Yat-sen`s Five Powers Constitution for the Republic of China reinforces the separation of powers by establishing two additional branches of government – a control yuan for oversight and an audit yuan for managing the employment of civil servants. [126] But ultimately, what is a law? […] When I say that the purpose of laws is always general, I mean that the law considers subjects en masse and actions in an abstract way and never a specific person or action. […] From this point of view, we can immediately see that we can no longer ask who should legislate, since these are acts of general will; nor if the prince is above the law, since he is a member of the state; nor whether the law can be unjust, since no one is unjust to himself; nor how we can be both free and subject to the laws, since they are only registers of our will.
