However, the two phenomena cannot be separated. Society has never existed without laws and laws have functioned to create boundaries in society by determining what is regarded as lawful and unlawful. Lawful acts are those that submit to the customs and values of a society while unlawful acts do not. Additionally, human beings are typically ruled by two different types of laws: the laws created by man and natural laws. Together, they determine
They focused their work on the experience of individuals in establishing meaning in their legal relations with others based on the question of what it means to be a participant in law. Jürgen Habermas presents a relationship between law and morality. From a certain standpoint, law is a key steering mechanism in society as it plays an educational role in promoting conducts, a mean of communication and it and the theories of Petrazycki, Ehrlich and Habermas prescribes law as an important mean in the structuring of society. Leon Petrażycki’s idea of ‘intuitive law’, For Petrażycki, “All the existing theories on the nature of the properties of law ere essentially wrong because they ignored the nature of its reality.” He saw law as occupying a particular place, and law beyond state law as state law only focuses on violations of the law and not what holds people together. Law is stronger than morality, which is stronger than the state and his intuitive law depicts those legal experiences that contain no references to outside authorities.
‘Jurisprudence’ means theory of laws. ‘Juries’ means law, ‘prudence’ means knowledge. “The law in essence is a concrete realization of philosophy” Jurisprudence most famously means the entire doctrine of law. It stems from the word ‘jurisprudentia’, which means ‘The Knowledge of Law’. The Ancient Jurisprudence in India was a further development to feudalism which was an important trend in the 20th Century the Sociological Jurisprudence studies the legal system as a part of the social reality.
This essay will define the role of the courts system provide some history of the courts highlight the various types of courts.with outline of civil and criminal courts and supreme courts. Pages to follow will establish the jurisdiction and hierarchy. Evalutate the advantages and disadvantages of using The jury system. With final piece to provide a conclusion The role of the courts are to administer the law, which has had much history over centuries going back as far as Anglo-Saxon period. When local issue where decided by local customs laws.
By other means, it is the doctrine of precedent. It is the rule that determines when a particular Court will be bounded to follow the decision of an earlier Court and when it is at liberty to ignore or overrule it. It is necessary to have the doctrine of precedent because it provides consistencies and legal certainties which promotes the fairness and equity. Furthermore, it also provides protection against variations in decision making by the judges. (b) i. Distinguishing a case Distinguishing a case means that we are arguing that the material facts of the present case differ from what has been presented in the earlier case and respectively should not be dealt with on the same principle of the earlier case.
This makes it more difficult to achieve coherence, but our task is less demanding than achieving coherence in the law: we only need to look at the sets of facts that give rise to property rights by ‘operation of law’ (which are given effect by a declaration that the property is held on constructive trust for the plaintiff) and assess whether the classifications that have been suggested are correct, if they can be improved or whether it is a lost cause and the best cause of action is to give up and in doing so suggest that some form of ‘pure’ discretion is the only way forward. The last alternative, to give up and suggest that the events are impossible to classify cannot be taken. This is because we are considering property rights said to arise by operation of law. This suggests some ‘automatic’ nature, rules defined in advance. If the situations that ‘trigger’ this operation of law are incapable of classification, then such automatic operation is necessarily impossible because it is impossible to know what situations the rights arise in if we cannot describe them sufficiently to classify them.
2- May 2014, HW assignment 1 Chapters 1-8 Due 13MAY2014 Ahmed Elbadawy 1) List the sources of law? Answer: law consists of many layers that interact together at different stages of government in order to support the personal rights, duties and describe the frame work of business, at the very base of these sources lays the constitutional law that can be simplified as the whole body of principals that describes the governmental structure and states the relationship between the people and their government. It is divided into two main branches the state constitution and federal constitutions. As well other sources of law contain the statuary law that consists of legislative acts that declare commands and prohibits some actions. At the state levels, statutes control the process of foundation of corporations, probate of wills, and property title transferring processes.
Adjudicative procedures provided by the state should be fair. 8. The rule of law requires compliance by the state with its obligations in International law. T.R.S Allan In the mouth of a British constitutional lawyer, the term the rule of law seems to mean primarily a corpus of basic principles and values, which together lend some stability and coherence to the legal order. Ways which the English Legal System encompass the doctrine of the rule of law What makes an Impartial Judiciary so important?
By concentrating on the object of the doctrine, however, the author reflects accurately the courts' modern trend of relying less on an abstract theory justifying the doctrine, and more on an objective interpretation of the contract and the practical situation before them in order to produce a just result. We will see how this development has affected both the ambit of the doctrine and its effects. A contract is frustrated if an event occurs after the contract has been formed which makes it impossible to perform it and this event is outside the control of the parties to the contract. This definition is as valid now as it was when the seminal case of Taylorv Caldwell(1863) was decided. The underlying principle was that there was an implied condition that the parties would be excused from their obligation if performance (literally and legally!)
Engel and Munger want to know if the law does what it is supposed to do. An emphasis is placed o... ... middle of paper ... ...that they are trying to incorporate into society. “The judicial process and legal reasoning therefore play a major part in preserving the confidence that the community can reconcile rules, facts of disputes, social conditions and ethics” (Carter, 129). Carter and Burke describe for us how we get the rules that we do and help us to understand that judges do have to use a method and be impartial. On the other hand, Engel and Munger show us through the experiences of Sara Lane and Jill Golding how law incorporates itself into society, how people do and do not choose to use it and why the impartiality of a judge’s decisions are so important to us.