Natural Law VS. Positive Law Laws are rules established by a governing authority to organize and maintain orderly existence. It can generally be divided into two principles: Natural law‚ which is based on the divine‚ and Positive law which states that laws are what the lawmakers command. Throughout history many philosophers have come to be linked to either branch of law. Philosophers such as Aristotle advocated Natural law‚ while others‚ such as Thomas Hobbes‚ supported Positive law. Each
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classification of ‘hard’ and ‘soft’ law is unhelpful and misleading in reflecting enforceability in international law. What are the sources of international law? What is meant by ‘hard’ and ‘soft’ law? Do you agree with Chinkin’s assessment and why? ------------------------------------------------- Introduction This essay first discusses the nature and lack enforcement of hard laws‚ being those defined under the ICJ statue and Vienna Convention on the Law of Treaties 1969 (VCLT). It argues
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and the common law at a substantive level Since the administrative fusion of the Common Law and Equity Courts after the 1873 and 1875 Acts‚ there has been a lot of controversy over whether to fuse both equity and common law. There are valid arguments both for and against fusion. Those arguing for the fusion of Equity and Common Law at a substantive level often comment on the inconsistency created by equity’s intervention in law. ‘There would sometimes be arbitrary gaps in the common law‚ that is
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BIPAS – UDAYANA UNIVERSITY Law Midterm test “The influence of Common Law and Civil Law on Indonesia´s Legal Tradition” Natascha Krauss 3.11.2014 Table of content 1. Development of Indonesia´s Legal Tradition 2. Civil Law 3. Common Law 4. Influences and Impacts of Civil and Common Law 1. Development of Indonesia´s Legal Tradition This paper is supposed to outline how civil law and common law influenced Indonesia´s Legal tradition. In order to be able to analyze
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Business Law in Accounting Melissa Randall Business Law I / 421 Professor Deborah Gronet March 16‚ 2009 Business Law in Accounting Accounting is the system of recording‚ reporting and verifying financial information for individuals and businesses‚ including income‚ expenses‚ value of assets‚ and so on. However‚ Business Law I‚ takes what is normally known of accounting and moves into another arena‚ one which includes civil and criminal liabilities‚ contract law‚ ethics and the Sarbanes-Oxley
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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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March 2001 Agency Law and Contract Formation ISSN 1045-6333 AGENCY LAW AND CONTRACT FORMATION Eric Rasmusen Discussion Paper No. 323 05/2001 Harvard Law School Cambridge‚ MA 02138 The Center for Law‚ Economics‚ and Business is supported by a grant from the John M. Olin Foundation. This paper can be downloaded without charge from: The Harvard John M. Olin Discussion Paper Series: http://www.law.harvard.edu/programs/olin_center/ March 2001 Agency Law and Contract Formation
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Shapley | Civil Law v. Criminal Law | Introduction to Criminal Law | Joanna Solis 3/2/2012 | Only a few people actually know “the law”. Others think that the criminal justice system is a body that only has one set of rules and laws and all act the same. Not to mention that because of television they think that every case is tried at criminal court with a judge and a panel of jurors. However that is not the case because there’s two specifically types of law‚ civil and criminal law. Though both
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KB 223 was an unfortunately retrogressive decision in English administrative law‚ insofar as it suggested that there are degrees of unreasonableness and that only a very extreme degree can bring an administrative decision within the legitimate scope of judicial invalidation. The depth of judicial review and the deference due to administrative discretion vary with the subject matter. It may well be‚ however‚ that the law can never be satisfied in any administrative field merely by a finding that the
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THE LAW OF CONTRACT IN GHANA (These notes have mainly been culled from Mrs. Christine Dowuona Hammond’s seminal work on the Law of Contracts.) INTRODUCTION Contracts are made by people every day‚ whether the parties recognise it or not. Each time one spends money on anything – a bus ticket‚ an airline ticket‚ a pair of shoes‚ a meal in a restaurant‚ laundry services‚ books‚ or signs a lease‚ etc. one concludes a valid and legally binding contract. Contracts may be oral or written;
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