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22 wrz 2022 · Summary. Legal rules are either canonical or malleable. A canonical rule is fixed: it may not be expressed in different ways, may not evolve, and may not be subject to exceptions. Statutes are the paradigm form of canonical legal rules.
1 wrz 2022 · Common law rules are the paradigm form of malleable rules. Legal rules have a core and a penumbra. A common law rule can be articulated through more than one expression of the core of the...
This chapter explores the way in which one form of jurisprudential scholarship is that which seeks not to identify what our concept of law now is, but, rather, what our concept of law ought to be, in light of any number of moral or pragmatic goals.
Firstly, only cases that have been reported in law reports will show headnotes. If you are dealing with a case that is unreported – meaning it may be too recent or not important enough to be published – then you are going to have to actually read the case yourself.
20 cze 2024 · Petitions (and related forms of action) gained new meaning and significance when they caught the public eye, especially when they took sides on issues that mapped on to important political fault lines.
In fact, of course, legal theorists have long debated the issue under such headings as "proximate cause," and the main purpose of this book is to shed light on this dark subject. Professor Hart and Mr. Honored believe that the everyday use of the word. 'Causation in the Law, by H. L. A. Hart and A. M. Honor' (Oxford, Claren- don Press, I959 ...
Summary. Law can be divided into sets of binary categories. One such set consists of public law, which concerns such matters as the powers of governmental institutions, on the one hand, and private law, which concerns such matters as the relationships between private persons, on the other.
