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5 Definitions of Law
26 septembre 2022

The definition of law is a rule of conduct developed by the government or society in a particular area. The law follows certain practices and customs to deal with crimes, affairs, social relations, property, finances, etc. The law is controlled and enforced by the supervisory authority. Let us examine in detail the different definitions of the law of the different authors. As the above definitions of the law say, human behavior in society is controlled using the law. It helps in cooperation between the members of a society. The law also helps to avoid potential conflicts of interest and also helps to resolve them. Overall, there are five definitions of business law. Let`s briefly review each of them. Academic writings have always played an important role in the development of the common law, both in gathering general principles from dispersed jurisprudence and in advocating for change. William Blackstone was the first scholar to collect, describe, and teach the common law from about 1760. [103] But in describing it alone, researchers looking for explanations and underlying structures slowly changed the way the law actually worked.

[104] Anarchist law deals primarily with how anarchism is implemented in a society, the framework based on decentralized organizations and mutual aid, with representation through a form of direct democracy. Laws based on their needs. [93] Much of anarchist ideologies such as anarcho-syndicalism and anarcho-communism focus primarily on decentralized workers` unions, cooperatives, and trade unions as the main instrument of society. [94] Pingback: The judicial system in India | Hierarchy and jurisdiction of courts in India Examples of crimes include murder, assault, fraud and theft. In exceptional circumstances, the defense may be applied to certain actions, such as murder in self-defense or the invocation of insanity. Another example is the 19th century English case of R v Dudley and Stephens, who tested a defense of “necessity.” The Mignonette, which was sailing from Southampton to Sydney, sank. Three crew members and Richard Parker, a 17-year-old cabin boy, were stranded on a raft. They were starving and the boy in the hut was close to death. Pushed into extreme hunger, the crew killed and ate the cabin boy.

The crew survived and was rescued, but tried for murder. They argued that it was necessary to kill the boy in the hut to save their own lives. Lord Coleridge, expressing his immense disapproval, decided: “Preserving one`s life is usually a duty, but it is perhaps the clearest and highest duty to sacrifice it.” The men were sentenced to hang, but public opinion overwhelmingly supported the right of the occupation to save their own lives. In the end, the Crown commuted his sentences to six months in prison. [196] Until the 18th century, Sharia law was practiced throughout the Muslim world in an uncodified form, with the Ottoman Empire`s Mecelle Code being a first attempt to codify elements of Sharia law in the 19th century. Since the mid-1940s, efforts have been made in one country after another to better adapt Sharia law to modern conditions and ideas. [114] [115] In modern times, the legal systems of many Muslim countries are based on civil and customary traditions as well as Islamic law and customs. The constitutions of some Muslim states, such as Egypt and Afghanistan, recognize Islam as the religion of the state and require lawmakers to abide by Sharia law.

[116] Saudi Arabia recognizes the Qur`an as its constitution and is governed on the basis of Islamic law. [117] Iran also experienced a repetition of Islamic law in its legal system after 1979. [118] In recent decades, one of the fundamental features of the Islamic revival movement has been the call for the restoration of Sharia law, which has spawned a great deal of literature and influenced world politics. [119] Roscoe Pound studied the concept of law and thus came to his own definition of law. He saw law primarily as a tool of social engineering. Pingback: Rule of fairness | Origin, needs, remedies and principles of the rule of justice This definition consists of three important parts. First, the law is a means of social control. Second, the act is intended to serve the purposes of society. Third, the law, by its very nature, is coercion.

Pingback: Salient Features of the Indian Constitution | Constitution of India | The main examples of legislation are the Houses of Parliament in London, the Congress in Washington D.C., the Bundestag in Berlin, the Duma in Moscow, the Parlamento Italiano in Rome and the National Assembly in Paris. According to the principle of representative government, people elect politicians to fulfill their wishes. Although countries like Israel, Greece, Sweden and China are single-camera systems, most countries are bicameral, meaning they have two separately appointed legislative chambers. [137] Contract law deals with enforceable promises and can be summarized in the Latin expression pacta sunt servanda (agreements must be respected). [199] In common law jurisdictions, three key elements are required to prepare a contract: offer and acceptance, consideration, and intent to create legal relationships. In Carlill v Carbolic Smoke Ball Company, a medical company announced that its new miracle drug, the smoke ball, would cure people`s flu, and if not, buyers would get £100. Many people have complained about their £100 when the drug didn`t work. Fearing bankruptcy, Carbolic argued that the announcement should not be understood as a serious and legally binding offer. It was an invitation to process, a simple buffering, a gadget. But the Court of Appeal ruled that Carbolic had made a serious offer to a reasonable man, underscored by his reassuring statement: “£1,000 are deposited.” Similarly, people had taken the offer into account by addressing the “significant disadvantages” of using a defective product.

“Read the ad the way you want and run it the way you want,” lord Justice Lindley said, “this is a clear promise expressed in language that is completely unmistakable.” [200] Civil courts treat contracts differently in many ways, with the state playing a more interventionist role in the formation and execution of contracts. [202] Compared to common law systems, civil law systems include more binding clauses in contracts, allow the courts greater flexibility in interpreting and revising contractual terms, and impose a stronger duty of good faith, but are also more likely to apply punitive clauses and specific performance of contracts. [202] Nor do they require consideration for the binding nature of a contract. [203] In France, it is said that an ordinary treaty arises simply on the basis of a “meeting of minds” or a “concordance of will”. Germany has a particular approach to treaties that are related to the right to property. Their “principle of abstraction” means that the personal obligation of the contract arises separately from the transferred title deed. If contracts become invalid for any reason (for example, if a car buyer is so drunk that he does not have the legal capacity to enter into a contract)[204], the contractual payment obligation may be declared invalid separately from the vehicle`s right of ownership. The right to unjust enrichment, rather than contract law, is then used to return ownership to the rightful owner. [205] In 1934, the Austrian philosopher Hans Kelsen continued the positivist tradition in his book Die Reine Rechtstheorie. [51] Kelsen believed that although the law is distinct from morality, it is endowed with “normativity,” which means that we should obey it.

While laws are positive “is” statements (for example, the fine for reversing on a motorway is €500); The law tells us what we “must” do. Thus, any legal system can be assumed that it has a basic norm that commands us to obey.