DR. RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY‚ LUCKNOW B.A. LL.B. (HONS.) IX SEMESTER SUBJECT: Law And Morality Seminar Paper TOPIC: Hart Fuller Debate (Tussle Between Law and Moral Values) UNDER THE GUIDENCE OF: SUBMITTED BY: Dr. A P Singh ANKIT KR MISHRA Professor
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COMMON LAW V CIVIL LAW COMMON LAW(characteristics)for comparing or contrast purpose Common law systems are mostly found in former british colony and protectorate including US‚ it is less prescriptive than civil law system‚citizens are benefited by enactment and legislation in specific fields.more often are the implied terms usage. 1)represents the law of courts as expressed in judicial decision 2)based on precedents provided by past judicial decisions‚no written statues or prescribed texts
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common law become so rigid and inflexible? Answer: By the reign of henry II‚ the practice of sending the royal justice throughout the country “on circuit” began to result in fairly uniform body of law developing around the country- the common law. The judges were assisted in finding an agreement among them by keeping records known as plea rolls. They set out not only the facts of each case and judgement‚ but often the reasoning behind the judgement‚ in much the same way as the modern law reports
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Natural Law Theory The natural law theory is a theory that dates back to the time of the Greeks and great thinkers like Plato and Aristotle. Defined as the law which states that human are inborn with certain laws preordained into them which let them determine what is right and what is wrong.(Bainton 174) This theory was them adapted by religious philosophers to fit the Christian religion.(Berkhof 114) This‚ however was not exactly the same as the original. The classical thinkers were the
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2012 Private Law versus Public Law Public law (Criminal Law) is a theory of law that governs the different relationships between the state and the individual. This is who is considered to be either a citizen or a company. Criminal law has to have evidence that is beyond reasonable doubt‚ which means that a person is very likely of commenting that certain crime (Kilpatrick‚ 2000). Public law covers three sub-divisions which are constitutional‚ administrative and criminal law. To understand how
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Constitutional Law Lecture 4 – Basic Constitutional Principles In this lecture‚ we will briefly complete the story of the path to federation. Then explore two basic concepts of constitutional law embodied in the Australian Constitution: the rule of law and the separation of powers. It will be noted that these were principles hard won in British constitutional history. With regard to the establishment of Australia‚ it can be argued that this was done on a legally dubious basis‚ and the rule of law and
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THE INDIAN FAMILY FRAME---- RESPONSIBILITY OF LAW *Dr. K. Uma Devi **Dr. G. Indira Priya Darsini Introduction: Family is a basic and universal unit of human society. It performs functions that are necessary for the continuity‚ integration and development of social life. In most traditional societies family has been the unit of social‚ cultural‚ religious‚ economic and political activities and organizations. In modern industrial societies‚ the family performs primarily the functions of reproduction
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Administrative Law- GPR 203 Module 2: EVENING Lecture Notes By: Prof. Migai Akech Lecture 1 and 2: Thursday October 2012 – B3 5.30-8.30 PM INTRODUCTION Definition Administrative law is the law relating to the control relating to government power. The primary purpose of administrative law is to keep the powers of government within their legal bounds‚ so as to protect citizens against abuse. Nature and Purpose of Administrative law Article 47 of the constitution
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nations in the world nowadays‚ and each has a different set of laws that govern its people and its relations with the rest of the world. Whereas‚ international law governs relations between states‚ institutions‚ and individuals across national boundaries‚ municipal law governs this same person within the boundaries of a particular state. The comparative law‚ which is the study‚ analysis‚ and comparison of the different municipal law systems‚ classifies countries into legal families. The two widely
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Common Law Tradition and Sources of Law Common Law Tradition: In early England‚ there was desire to establish a legal system that did not settle disputes by simply relying on local customs and traditions. Instead‚ there was desire to use a uniform legal system throughout the entire country. “What evolved was the beginning of common law‚ a body of general rules that applied throughout the entire English realm. Eventually‚ the common law tradition became part of the heritage of all nations
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