Law is a system of rules and guidelines‚ usually enforced through a set of institutions. It shapes politics‚ economics and society in numerous ways and serves as a social mediator of relations between people. For example‚ Contract law regulates everything from buying a bus ticket to trading on derivatives markets and Property law defines rights and obligations related to the transfer and title of personal and real property and so on. Then‚ Natural law or the law of nature (Latin: lex naturalis) has
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Law and Justice Abstract Justice is the quality of being fair or just. This is not an exhaustive definition of justice. Different philosophers have defined justice in different ways. Justice is a concept that provides balance between law and morality. Rawls proposition for law and justice has been accepted by world judicial fraternity as a landmark vision to understand the system. Similarly it has earned a good amount of criticism which shows the basic strength of the thought. As such: Rawls theories
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are three types of business organizations? i. Sole Proprietorship - One man is in business for himself - No special rules governing sole proprietorship‚ - Treated no differently from anyone else at law - Use own to resources to provide skill‚ labor‚ capital‚ and other resources to run the business - Unlimited liabilities - Registered under Registration of Business Act 1956 ii. Partnership -
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Law and morality Both law and Morals are well respected as they both often state what should be done in a situation or what a person should and should not do. Laws are often created with morals in mind e:g Abortion Embryo research Capital punishment However during history‚ there have been some areas of law that have clashed with morals Tort law – Donoghue v Stevenson (1932) Lord Aitken ‘Do not harm your neighbour’ The bible is the main source for moral thinking There are some things however that
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facilitating electronic commerce and electronic governance are the requirements of writing and signature for legal recognition. At present many legal provisions assume the existence of paper based records and documents which should bear signatures. The Law of Evidence is traditionally based upon paper based records and oral testimony. Hence‚ to facilitate e-commerce‚ the need for legal changes has become an urgent necessity. International trade through the medium of e-commerce is growing
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BRANCHES OF LAW Among branches of law‚ two major fields can be distinguished: private law and public law. The difference between these two branches lies mainly in the parties of the legal relationship in question. Private law signifies rules that regulate the relationships between private individuals (subjects of law who are‚ legally speaking‚ in an equal situation; for example‚ the legal relationship between a buyer and a seller‚ where both parties have certain rights and obligations). Private law covers
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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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rules each take different approaches to interpretation of a statute. Some judges prefer one rule‚ while other judges prefer another. Some judges also feel that their role is to fill the gaps and ambiguities in the law whilst others think that it should be left to Parliament as the supreme law-maker. As the rules can result in very different decisions‚ it is important to understand each of them and how they may be used. The literal rule Under this rule the judge considers what the statute actually says
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show why I agree with the statement. The reason as to why Contract law exists is because it is there to make sure people keep their promises to one another. A contract is made up of a promise of one party to do a certain thing in exchange for a promise from the other party to do another thing. The law will enforce on them if either party breaks away from the promise‚ as promises are what contracts are all about. Contract law is based on several Latin legal principles‚ the most important of which
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Hart’s theory and legal system Introduction One of the principal lessons of ‘The concept of law’ is that legal systems are not only comprised of rules‚ but founded on them as well. In contrast to Austin who had insisted that the sovereign makes all of the rules‚ Hart argued instead that the rules make the sovereign. In this essay‚ I would like to explain Hart’s theory and how the social rules are related to the legal system and rules of recognition. This essay has five parts. In the first part
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