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Legal System
A legal system is a set of legal norms and institutions and processes by which those norms are applied, often within a particular jurisdiction or community. It may also be referred to as a legal order. The comparative study of legal systems is the subject matter of comparative law, while the definition of legal systems in the abstract has been largely the domain of legal philosophy. Although scholarship has largely focused on national legal systems, many other distinct legal systems exist; for example, in Canada, in addition to the Canadian legal system there are numerous Canadian Indigenous law, Indigenous legal systems. The term "legal system" is often used to refer specifically to the laws of a particular nation state. Some countries have a single legal system, while others may have multiple overlapping legal systems arising from distinct sources of sovereign authority, as is often the case in federal states. In addition, different groups within a country are sometimes subject ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ur Nammu Code Istanbul Cropped
Ur ( or ) was an important Sumerian city-state in ancient Mesopotamia, located at the site of modern Tell el-Muqayyar () in Dhi Qar Governorate, southern Iraq. Although Ur was once a Sea port, coastal city near the mouth of the Euphrates on the Persian Gulf, the coastline has shifted and the city is now well inland, on the south bank of the Euphrates, southwest of Nasiriyah in modern-day Iraq. The city dates from the Ubaid period , and is recorded in recorded history, written history as a city-state from the 26th century BC, its first recorded king being Mesannepada, King Tuttues. The city's patron deity was Sin (mythology), Nanna (in Akkadian language, Akkadian, Sin (mythology), Sin), the Sumerian and Akkadian Empire, Akkadian Lunar deity, moon god, and the name of the city is in origin derived from the god's name, UNUGKI, literally "the abode (UNUG) of Nanna". The site is marked by the partially restored ruins of the Ziggurat of Ur, which contained the shrine of Nanna, excav ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law Tradition
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in Precedent, ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Georg Friedrich Von Martens
Georg Friedrich von MartensGeorg Friedrich von Martens should not be confused with F. F. Martens (1845–1909) a Russian diplomat and who was also an international lawyer, whose full name is sometimes given as Friedrich Fromhold von Martens (22 February 1756 in Hamburg, Germany – 21 February 1821 in Frankfurt, Germany) was a German jurist and diplomat. Educated at the universities of Göttingen, Regensburg and Vienna, he became professor of jurisprudence at Göttingen in 1783 and was ennobled in 1789. He was made a counsellor of state by the King of Westphalia in 1808, and in 1810 was president of the financial section of the council of state of the kingdom of Westphalia. In 1814 he was appointed privy cabinet-councillor (''Geheimer Kabinettsrat'') by the king of Hanover, and in 1816 went as representative of the king to the diet of the new German Confederation at Frankfort. Works Of his works the most important is the great collection of treaties ''Recueil des traite ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
International Law
International law, also known as public international law and the law of nations, is the set of Rule of law, rules, norms, Customary law, legal customs and standards that State (polity), states and other actors feel an obligation to, and generally do, obey in their mutual relations. In international relations, actors are simply the individuals and collective entities, such as states, International organization, international organizations, and non-state groups, which can make behavioral choices, whether lawful or unlawful. Rules are formal, typically written expectations that outline required behavior, while norms are informal, often unwritten guidelines about appropriate behavior that are shaped by custom and social practice. It establishes norms for states across a broad range of domains, including war and diplomacy, Trade, economic relations, and human rights. International law differs from state-based List of national legal systems, domestic legal systems in that it operates ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Tradition
A legal tradition or legal family is a grouping of laws or legal systems based on shared features or historical relationships. Common examples include the common law tradition and civil law tradition. Many other legal traditions have also been recognized. The concepts of legal system, legal tradition, and legal culture are closely related. The understanding of legal families and traditions has shifted over time. Early and mid-20th-century efforts at classifying legal systems commonly employed a taxonomic metaphor, and assumed that the affiliation of a legal system with a legal family was static and that mixed legal systems were an exceptional case. Under more recent understandings, legal systems are understood to partake of multiple legal traditions. Definitions The concept of a legal tradition is widely used, with varying definitions, in the disciplines of comparative law and comparative legal history. In comparative law, the theory of legal traditions is strongly associate ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Positivism
In jurisprudence (also known as legal philosophy), legal positivism is the theory that the existence of the law and its content depend on social facts, such as acts of legislation, judicial decisions, and customs, rather than on morality. This contrasts with theories such as natural law, which hold that law is necessarily connected to morality in such a way that any law that contradicts morality lacks legal validity. Thomas Hobbes defined law as the command of the sovereign. This idea was elaborated in the 18th and 19th centuries by legal philosophers such as Jeremy Bentham and John Austin (legal philosopher), John Austin, who argued that a law is valid not because it is intrinsically moral or just, but because it comes from the sovereign, is generally obeyed by the people, and is backed up by sanctions. Hans Kelsen developed legal positivism further by separating law not only from morality, as the early positivists did, but also from empirical facts, introducing the concept of a N ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rule Of Recognition
A central part of H.L.A. Hart's theory on legal positivism, in any legal system, the rule of recognition is a master meta-rule underlying any legal system that defines the common identifying test for legal validity (or "what counts as law") within that system. According to Hart: In Hart's view, the rule of recognition arises out of a convention among officials by which they accept the rule's criteria as standards that impose duties and confer powers on officials, and resolves doubts and disagreements within the community. The rule is cognizable from the social practices of officials acknowledging the rule as a legitimate standard of behavior, exerting social pressure on one another to conform to it, and generally satisfying the rule's requirements. To this end, as explained by Hart, the rule has three functions: * To establish a test for valid law in the applicable legal system * To confer validity to everything else in the applicable legal system * To unify the laws in the appl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Basic Norm
() is a concept in the '' Pure Theory of Law'' created by Hans Kelsen, a jurist and legal philosopher. Kelsen used this word to denote the basic norm, order, or rule that forms an underlying basis for a legal system. The theory is based on a need to find a point of origin for all law, on which basic law and the constitution can gain their legitimacy (akin to the concept of first principles). This basic norm, however, is often described as hypothetical. Reaction to the term has fallen into three broad areas including (i) Kelsen's original introduction of the term, (ii) the Neo-Kantian reception of the term by Kelsen's critics and followers, and (iii) the hypothetical and symbolic use of the term through the history of its application. Origins Regarding Kelsen's original use of the term, its closest antecedent appears in writings of his colleague Adolf Merkl at the University of Vienna. Merkl was developing a structural research approach for the understanding of law as a mat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hans Kelsen
Hans Kelsen (; ; October 11, 1881 – April 19, 1973) was an Austrian and later American jurist, legal philosopher and political philosopher. He is known principally for his theory of law, which he named the " pure theory of law (''Reine Rechtslehre'')", and for his writings on international law and theory of democracy. The "pure theory" provides general foundations for value-independent description of law. As an expert on constitutional law, Kelsen was the principal architect of the 1920 Austrian Constitution, which with amendments is still in operation. The rise of totalitarianism forced him out of Austria, then to Germany and to Switzerland and in 1940 to the United States. Although in 1934 Roscoe Pound lauded Kelsen as "unquestionably the leading jurist of the time", the pure theory was rarely understood in the United States and Kelsen was never given a permanent position in a law school. He was employed in the department of politics at the University of California, Berke ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Francisco De Vitoria
Francisco de Vitoria ( – 12 August 1546; also known as Francisco de Victoria) was a Spanish Roman Catholic philosopher, theologian, and jurist of Renaissance Spain. He is the founder of the tradition in philosophy known as the School of Salamanca, which laid the groundwork for early free-market economics and individual rights, influencing the development of libertarian thought. Vitoria's work on natural law and the freedom of exchange contributed to later Austrian School economists' emphasis on the moral basis for voluntary commerce. Noted especially for his concept of just war and international law, his defense of individual property rights and the notion of liberty in trade were pivotal in shaping ideas about non-intervention and economic freedom. He has in the past been described by scholars as the "father of international law", along with Alberico Gentili and Hugo Grotius. American jurist Arthur Nussbaum noted Vitoria's influence on international law as it pertain ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sovereign
''Sovereign'' is a title that can be applied to the highest leader in various categories. The word is borrowed from Old French , which is ultimately derived from the Latin">-4; we might wonder whether there's a point at which it's appropriate to talk of the beginnings of French, that is, when it wa ... , which is ultimately derived from the Latin , meaning 'above'. The roles of a sovereign vary from monarch, ruler or head of state to head of municipal government or head of a chivalric order. As a result, the word ''sovereignty'' has more recently also come to mean independence or autonomy. Head of state The word ''sovereign'' is frequently used synonymously with monarch. There are numerous titles in a monarchical rule which can belong to the sovereign. The sovereign is the autonomous head of the state. Examples of the various titles in modern sovereign leaders are: In some settings the use of the words ''Sovereign lady'' (sometimes with a capital ''L'' in ''lady'') have been ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Austin (legal Philosopher)
John Austin (3 March 1790 – 1 December 1859) was an English legal theorist who posthumously influenced British and American law with an analytical approach to jurisprudence and a theory of legal positivism. Austin opposed traditional approaches of "natural law", arguing against any need for connections between law and morality. Human legal systems, he claimed, can and should be studied in an empirical, value-free way. Life and work Austin was born on 3 March 1790 at Creeting St Mary in today's district of Mid Suffolk, as the eldest son of a well-to-do miller. After spending five years in the army during the Napoleonic Wars, Austin turned to law, and spent seven unhappy years practicing at the Chancery bar. In 1819, he married Sarah Taylor and became neighbours and close friends with Jeremy Bentham, James Mill, and John Stuart Mill. Mainly through Bentham's influence, Austin was appointed Professor of Jurisprudence at the newly-founded University College London in July 1827. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
