By rendi

Law in Action Emory University School of Law

All legal systems deal with the same basic issues, but jurisdictions categorise and identify their legal topics in different ways. A common distinction is that between “public law” , and “private law” . In civil law systems, contract and tort fall under a general law of obligations, while trusts law is dealt with under statutory regimes or international conventions.

Yet classification is a matter of form rather than substance since similar rules often prevail. The Old Testament dates back to 1280 BC and takes the form of moral imperatives as recommendations for a good society. The small Greek city-state, ancient Athens, from about the 8th century BC was the first society to be based on broad inclusion of its citizenry, excluding women and enslaved people. However, Athens had no legal science or single word for “law”, relying instead on the three-way distinction between divine law (thémis), human decree and custom …

By rendi

Home Harvard Law School Harvard Law School

Another example is in the 19th-century English case of R v Dudley and Stephens, which tested a defence of “necessity”. Three crew members and Richard Parker, a 17-year-old cabin boy, were stranded on a raft. They argued it was necessary to kill the cabin boy to preserve their own lives.

  • Yet classification is a matter of form rather than substance since similar rules often prevail.
  • The Halakha is a code of Jewish law that summarizes some of the Talmud’s interpretations.
  • The constitutions of certain Muslim states, such as Egypt and Afghanistan, recognise Islam as the religion of the state, obliging legislature to adhere to Sharia.
  • Negative perceptions of “red tape” aside, public services such as schooling, health care, policing or public transport are considered a crucial state function making public bureaucratic action the locus of government power.
  • King Hammurabi is revealed the code of laws by the Mesopotamian sun god
By rendi

University of Michigan Law School

Formal legal rationality was his term for the key characteristic of the kind of coherent and calculable law that was a precondition for modern political developments and the modern bureaucratic state. Weber saw this law as having developed in parallel with the growth of capitalism. Other notable early legal sociologists included Hugo Sinzheimer, Theodor Geiger, Georges Gurvitch and Leon Petrażycki in Europe, and William Graham Sumner in the U.S.

The idea of property raises many further philosophical and political issues. Locke argued that our “lives, liberties and estates” are our property because we own our bodies and mix our labour with our surroundings. Hegel believed that civil society and the state were polar opposites, within the scheme of his dialectic theory of history. The modern dipole state–civil society was reproduced in the theories of Alexis de Tocqueville and Karl Marx.

The idea is that law and regulation are not as …

By rendi

Law in Action Emory University School of Law

This powerful and tight-knit judiciary gave rise to a systematised process of developing common law. Socialist law is the legal systems in communist states such as the former Soviet Union and the People’s Republic of China. Academic opinion is divided on whether it is a separate system from civil law, given major deviations based on Marxist–Leninist ideology, such as subordinating the judiciary to the executive ruling party.

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  • Given the trend of increasing global economic integration, many regional agreements—especially the African Union—seek to follow a similar model.
  • Furthermore, after negotiations lasting fifteen years, in 2001 China joined the World Trade Organization.
  • EU law is codified in treaties, but develops through de facto precedent laid down by the European Court of Justice.
  • Emory Law is a top-ranked school known for exceptional scholarship, superior teaching, and