law is a philosophical one‚ which probably has no definite answer to it. This is evident as we have seen a lot of legal theorists trying to come with answers to the question. Ronald Dworkin says it is “a set of explicitly adapted rules and ought to maximise the general welfare” ‚ Fuller on the other believed “law should withstand the scrutiny of reason and opposed the idea of legal positivism that law is no higher than a particular authority” ‚ John Austin defined it to be “the command of the sovereign
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positivists‚ and legal realism. Natural law is the principle or body of laws that is a system of moral values and is believed to be derived from nature‚ or the right reason and are ethical obligations to having a humane society. Those who follow natural law believe there is a higher power than the law. Positivists believe there is a specific set of laws that have been agreed upon that are strict and uniformly enforced. Positivists believe that there is no higher power than the law. Lastly‚ legal realism promotes
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corporate veil (case law/judicial exceptions) under the concept of separate legal entity. (1/2 marks) Rules: - In separate legal entity doctrine‚ a company has a legal personality of its own apart from the persons who owns it. The law will treat the company and the members as separate legal persons as decided in the case Salomon v Salomon. - However‚ in certain circumstances‚ a court may ignore the separate legal entity of a company (lifting the corporate veil) and look at the members
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The major change was removing the presumptions that were skewed for or against bail based on specific offences. Due to the 80 amendments that were previously made‚ the act was very complex and even challenging to interpret by legal professions. This meant that sometimes outcomes did not properly reflect the seriousness of the offense and there was an influx of people in prison on remand (declined bail). Statistics show that in 2012 there were 26% of prisoners that were in jail
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The Verdict Deborah Frick DeSales University The Legal Environment of Business AB 272 David B. Schwartz‚ Esquire February 5‚ 2012 “A lawyer‚ as a member of the legal profession‚ is a representative of clients‚ an officer of the legal system and a public citizen having special responsibility for the quality of justice.” (Preamble 1. ABA Model Rules of Professional Conduct. 2004) Every state has its own ethical code of conduct for practicing lawyers‚ which is typically modeled after the
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Bibliography: I. LEGAL TEXTS AND STATUTES 1. Law No 27/2001 of 28/04/2001 - relating to rights and protection of the child against violence 2. Law n° 13/2009 of 27 may 2009 regulating labour in Rwanda 3. Ministerial order Nº06 of 13/07/2010 determining the list of worst forms of child labour‚ their nature‚ categories of institutions that are not allowed to employ them and their prevention mechanisms. 4. Ministerial order n°95/08.11 of 23/08/2010 granting legal status to the association
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postmodern topics‚ but this is not at all the case in legal field; though addressing the limitations of current law theories is prerequisite‚ the pluralist approach to law attempts to diagnose conflicts between the overlapping pluralities of social and legal fields; to recognise it’s fuzziness‚ in order to find practical solutions to deal with such fuzzy situations‚ as Melissaris (2004: 76 in Menski 2006: 5) stated: The study of the legal must be directed towards the discovery of alternative perceptions
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The Principle of Separate Corporate Personality The principle of separate corporate personality has been firmly established in the common law since the decision in the case of Salomon v Salomon & Co Ltd‚ whereby a corporation has a separate legal personality‚ rights and obligations totally distinct from those of its shareholders. Legislation and courts nevertheless sometimes "pierce the corporate veil" so as to hold the shareholders personally liable for the liabilities of the corporation. Courts
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which were tabulated by Professor Hart as follows: (1) Laws are commands. This meaning is associated with the two founders of British positivism‚ Bentham and his disciple Austin‚ whose views will be considered in this chapter‚ (2) The analysis of legal concepts is (a) worth pursuing‚ (b) distinct from sociological and historical inquiries‚ (c) distinct from critical evaluation. (3) Decisions can be deduced logically from predetermined rules without recourse to social aims‚ policy or morality. (4)
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Hart brought the tools of analytic‚ and especially linguistic‚ philosophy to face the problems of legal theory. But‚ if we look at the concept that he brought it is same with the Pure Theory of Law that being formulated by Austrian philosophers Hans Kelsen‚ thought Hart rejected a certain idea or distinctive feature of Kelsen’s theory. Many of Hart’s former students became important legal‚ moral‚ and political philosophers‚ including Brian Barry‚ John Finnis‚ John Gardner Kent Greenawalt‚ Neil MacCormick
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