The Rule of Law is supposed to lift law above politics.
The Romans divided their law into jus scriptum (written law) and jus non scriptum (unwritten law).
Gluck is a law professor and faculty director of the Solomon Center for Health Law and Policy at Yale Law School.
The second part of a comprehensive theory of law characterizes the grounds of law.
First, a comprehensive theory of law begins with a characterization of the nature of law.
In family law and to some extent in the law of property, some elements of Germanic tribal law also influenced the code.
Personal and civil law (roughly, family law and probate law) are based largely on Sharīʿah (Islamic law).
She does not state a new law, in addition to these three; nor is it clear how the new “law” can supplant the law of identity.
Finally, in the philosophy of law, civil law sometimes refers to the positive law of the state, as distinct from natural law.
Particular legal systems are treated in Roman law; Germanic law; Chinese law; Indian law; Sharīʿah (Islamic law); and Soviet law.
The philosophy of law has traditionally focused on a limited set of questions centered around the “concept of law” and the existence or non-existence of an obligation to oby the law.
Civil law, also called Romano-Germanic law, the law of continental Europe, based on an admixture of Roman, Germanic, ecclesiastical, feudal, commercial, and customary law.
English law has its origins in Anglo-Saxon times, and two of its hallmarks are its preference for customary law (the common law) rather than statute law and its system of application by…
In civil-law countries, company law consists of statute law; in common-law countries it consists partly of the ordinary rules of common law and equity and partly statute law.
The article will also compare Anglo-American property law with its counterpart in various civil law (i.e., law based on Roman law rather than English common law) countries, including Germany and modern China.
When common-law precedent was inadequate or lacking, he turned to the civil (Roman-derived) law; in the United States, England, and elsewhere, common-law courts citing Kent perforce adopted many principles derived from civil law.
Although the incorporationist view regards customary law as part of the law of the land and presumes that municipal laws should not be inconsistent with international law, municipal laws take precedence over international law in cases of conflict.
Not only is the view of law as ideology at odds with a lot of mainstream thinking about law, it seems difficult to reconcile with the central philosophical positions on the nature of law, e.g. a positivist conception of law as a set of formal rules, or a natural law conception where law is identified with moral principles.
In private law Israeli legislation includes a law on women’s equal rights; laws dealing with capacity and guardianship, adoption, and duties of maintenance between relatives; a law on the tenure of cooperative houses with separate ownership of flats; a standard contracts law; a comprehensive law of succession; laws on agency, guarantee, mortgage, and bailment; a defamation law and a patents law.
Austin, John | Bentham, Jeremy | concepts | feminist philosophy, interventions: philosophy of law | Hobbes, Thomas: moral and political philosophy | law: and language | legal obligation and authority | legal reasoning: interpretation and coherence in | legal rights | limits of law | naturalism: in legal philosophy | nature of law: interpretivist theories | nature of law: legal positivism | nature of law: natural law theories | Platonism: in the philosophy of mathematics | political obligation | reduction, scientific
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Austin John | Bentham Jeremy | concepts | feminist philosophy interventions philosophy of law | Hobbes Thomas moral and political philosophy | law and language | legal obligation and authority | legal reasoning interpretation and coherence in | legal rights | limits of law | naturalism in legal philosophy | nature of law interpretivist theories | nature of law legal positivism | nature of law natural law theories | Platonism in the philosophy of mathematics | political obligation | reduction scientific