There ought to be‚ and many times is‚ a close nexus between manmade law and justice – law should aim at justice. Laws should be the objective expressions of the nature of reality rather than merely the subjective prejudices or whims of some person‚ group of people‚ or society as a whole. Natural law is objective since it is inherent in the nature of the entity to which it relates. The content of natural law is accessible to human reason. For example‚ it is easily understood that since each man has
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Judicial Precedent is another important source of law‚ it is an independent source of law‚ where there are no legislations on the particular point in statute Books‚ and Judicial Precedent works great. Judicial precedent has been accepted as one of the important sources of law in most of the legal systems. It is also a continuous‚ growing source of law. According to Salmond‚ the doctrine of precedent has two meanings‚ namely (1) in a loose sense precedent includes merely reported case-law which may
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fixed term elections for the first time in Westminster parliament. Another source of our constitution is Common Law‚ which is also known as judge made law. Common Law refers to a body of laws based on tradition‚ and it is developed though a case by case basis‚ This occurs through the use of precedent‚ where judgement of earlier cases are taken to be binding on later cases. An example of Common Law is the 1984 Trade union Act. This reduced the powers of Trade Unions‚ this was made during Mrs Thatchers
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A Review of “The Death of Common Sense” by Philip Howard Jennifer Loidolt College of St. Scholastica A Review of “The Death of Common Sense” by Philip Howard “The Death of Common Sense” detailed glaring concerns with the governing of our society. Initially Howard discusses the law‚ and how it controls almost every activity of common interest. After a law is made‚ it is no longer questioned‚ even if common sense tells us the law no longer makes sense. He then goes into process and procedure
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Civil Law and Common Law: Two Different Paths Leading to the Same Goal Caslav Pejovic* "There are many ways to skin a cat" While there are many legal issues which are dealt with in the same way by the civil law and Common Law systems‚ there remain also significant differences between these two legal systems related to legal structure‚ classification‚ fundamental concepts and terminology. This paper does not deal with theoretical examination of differences between the common law and the civil
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Malaysia is known for its richness of multicultural and multi-racial country which is spread between Peninsular Malaysia‚ Sabah and Sarawak. Despite being one huge political unit‚ it has different set of rules and law to comply with. Malaysia law can be classified into various sources‚ mainly are written law‚ unwritten law and Muslim law. Written law comprises The Federal Constitution which is the supreme law of the land and State Constitution‚ a range of constitutions regulating the governments
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DISCUSSION The hypothesis was neither confirmed of null. The results from the respondents were of mixed views as to whether the continued use of the Privy Council is detrimental. There was however‚ the majority of participants agreed with the hypothesis. All Six respondents in response to question one and two were of the view that the privy council cannot bring justice to the country of Trinidad and Tobago especially in the area of crime as our crime rates have are disturbingly high. The Privy
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world only determined to figure out if one is wrong or right‚ guilt or innocent‚ law is shaped to convict someone instead of figuring out why one must commit crime or what lead them to commit such crime. However much has changed since the old British common law system which is the origin of the ideologies of Mala in se and Mala Prohibita. We‚ as a society‚ have gone from judging individuals on their social class to the crime committed and the harm of the crime to finding a way to rehabilitate an individual
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The Definition of a Trust trusts is a device in which rights (personal or proprietary) are held by one person on behalf of another some trusts are created by court. These are constructive trusts. person creating the trust: settlor person holding rights: trustee person for whom those rights are held: beneficiary Lord Coke’s Definition "a confidence reposed in some other‚ not issuing out of land but as a thing collateral thereto‚ annexed in privity to the estate of the land‚ and to the person
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Law and Society Families of Law Unit 3- Written Assignment Tami Daniels 03/28/2011 Unit 3 Essay- Part Two Name of Country: Great Britain Family of law followed: Common law How disputes are settled: Litigation‚ Arbitration‚ and Mediation How cases are handled: Adversary system; case law takes precedence In this section‚ discuss the following: • How would your friend’s theft be dealt with under the law in this country? In Great Britain‚ the Theft
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