Present and evaluate some important elements of HLA Hart’s theory of law. How does it represent an advance over Austin’s theory? What are some problems with Hart’s account? H.L.A. Hart presents a theory of law based on the assertion that‚ the most important characteristic of law is the element of rules that enforce obligation or duties rather than rules that confer authority or sovereignty. Hart intends to offer a superior analysis of the unique formation of a public legal system as well as an improved
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NewCorp Scenarios Legal Brief LAW/531 December 21‚ 2011 Paul Loock NewCorp Scenarios Legal Brief What liability does NewCorp have in this situation? NewCorp may have to deal with a couple liability issues‚ one of which has to do with Sam the supervisor of electrical manufacturing for automotive who has developed a relationship with one of his employees. The relationship has taken a turn for the worse‚ and was ended by Paula‚ which Sam was not in agreement and wanted to continue dating
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Law and Morality Sir John Salmond described the law as ‘the body of principles recognised and applied by the state in the administration of justice’. They are a set of rules and boundaries that are established by authorities which must be obeyed‚ otherwise‚ a sanction may be given. Morals are beliefs‚ values and principles that are set by society or part of a society‚ determining what is right and wrong. Phil Harris stated that they are “standards of behaviour”. Unlike legal rules‚ compliance with
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Constitutional Law Test 1 Study Guide Three Categories of constitutions- Nominal Telos- gives certain rights but does follow through with the rights. Example is Cuban Constitution that gives rights such as healthcare and travel but does not carry them out. Tends to make a lot of promises but does not keep them. Façade Telos- similar to nominal by making promises in a way that seem more logical and achievable for that country but is still not carried out. Example is Iranian Constitution that gives
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spewed forth its smoke and ash. The rhetoric and ideology of the rule of law and the criminal Nazi state do not allow for such complications. The [sic] is the lie of law after Nuremberg‚ just as it is the lie of law after Auschwitz. Law continued while six million died. (p.145) David Fraser’s thesis‚ in LAW AFTER AUSCHWITZ‚ is that there is little to distinguish between our fundamental understandings and practices of law and those of German lawyers and judges between 1933 and 1945. He aims to refocus
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FORMALITIES Common law has no form requirements for contracts: oral contracts are enforceable Consequences of failure of complying with formal requirements vary from statute to statute but include penalties‚ fines and civil consequences ie. Non-enforceability of contract Legislation imposes formal requirements for certain types of contract (this goes beyond the common law) ; e.g.: Consumer credit (has to have warnings‚ and writing) Sale of motor vehicle (needs written work of purchasing car
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land UNIT 9- LEVEL 6 - LAND LAW SUGGESTED ANSWERS - January 2010 Note to Candidates and Tutors: The purpose of the suggested answers is to provide students and tutors with guidance as to the key points students should have included in their answers to the January 2010 examinations. The suggested answers do not for all questions set out all the points which students may have included in their responses to the questions. Students will have received credit‚ where applicable‚ for other points not addressed
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The Formation of Islamic Law In pre-Islamic time law lacked a formal structure as there was no set of laws that united the Arabic world. Towns‚ cities and rural areas all held different laws that were based on tribal tradition. With the revelations of the Prophet‚ a new religion was born: Islam. The Prophet began to introduce the word of Allah to the people and with that came basic laws that provided an introduction to law. The formation of Islamic law was based on three things‚ the Qur’an‚ the
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Business Law Final Denise Capalbo Chetum v. Knarles Issue: Defamation Rule: Under the common law‚ defamation requires a false statement of fact‚ of or concerning plaintiff‚ published to a third party and causing damages. Also‚ where defamation is about a public person or matter of public concern‚ the plaintiff must prove that the statement is false‚ and that the defendant either knew of its truth or acted with reckless disregard of the truth (malice). Analysis: Knarles’ statements
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The Malaysia Law is mainly based on the common law legal system. Law protects basic individual rights and freedom such as liberty‚equality and freedom of speech. It prevents individuals in powerful position from taking an unfair advantage of other people. Law ensures a safe and peaceful society‚ in which individual rights are preserved. Certain governments have cruel laws‚ where police and armies arrests and punishes people without a trial in the court. Law applies to every persons‚ public authorities
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