Tag: Jurisprudence
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Legal opinions
Legal opinions A legal opinion is a statement, usually prepared in writing but sometimes delivered orally by a judge or court to announce the decision reached in a case argued or tried before them, giving a brief summary of the facts, expounding the law as it applies to the case, detailing […]
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Schools of Jurisprudence
In the last decades, the principal schools of jurisprudence are: the natural-law school, the analytical school, the historical school, the comparative school, and the sociological school. "The first three differ mainly in their views of the nature and origin of law and […]
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Science of the Law
Jurisprudence Science of the LawIntroduction to Science of the LawThe word jurisprudence is usually used to describe what was often called at an earlier period the philosophy of law and what Continental writers now call the theory or science of law. An English or U.S. treatise on j…
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Sociological School
The Sociological School The sociological school of jurisprudence is, in general, “a product of the 20th century. Its approach to the analysis of law differs from that of the other schools in that it is concerned less with the nature and origin of law than with its actual functions and end results. The proponents of…
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Comparative School
The Comparative School The comparative school, “of which the leading early exponents were the German legal scholar Rudolf von Jhering and Albert Hermann Post, represents a widening of the field of investigation. Each national law is studied historically and the various national systems are compared at similar stages of development. As a result of this…
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Historical School
The Historical School “The historical school dates from the 19th century, as a reaction against natural-law ideas. Its principles were first clearly defined in 1814 by the German jurist Friedrich Karl von Savigny.”(1) Other Schools of Jurisprudence In the last decades, others principal schools of jurisprudence are: the analytical school, the natural-law school, the comparative…
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Analytical School
The Analytical School “To the analytical jurist, a law that commands what is ethically wrong or forbids what is ethically right is no less a law if it proceeds from the political sovereign… To the analytical jurist, customary law, including judicial custom, is an anomaly that should be abolished by covering the whole field of…
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Natural-law School
Natural-law School The natural-law school has its roots in Stoic philosophy and Roman jurisprudence; it was increasingly dominant in Europe from the Reformation to the close of the 18th century. The theory of the analytical school was first sharply formulated by the English philosopher Thomas Hobbes in his Leviathan (1651). The views of this school,…
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Theory of Law
Theory or Science of the Law The jurisprudence concept is often used to describe what was once called the philosophy of law and what Continental legal authors now call the theory or science of law. “An English or U.S. treatise on jurisprudence defines the essential elements in our conception of law; the relation that law…
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French Law Court Reports
Law reports in France Official Report There is only one “official”series of French law reports, or at least it is the most important and widely used, the “Bulletin des arrêts de la Cour de Cassation. – Paris: Imprimerie des Journaux Officiels, 1798-“. The Bulletin forms part of the Journal Officiel de la République française. This…
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Catalogue of Court Reports
Catalogue of Court Reports I n the United States Nominative Reporter Table Reporter Nominative Citation U.S. Reports Citation Terms A.J. Dallas 1-4 Dall. 1-4 U.S. 1790-1800 William Cranch 1-9 Cranch 5-13 U.S. 1801-1815 Henry Wheaton 1-12 Wheat 14-25 U.S. 1816-1827 Richard Peters 1-16 Pet. 26-41 U.S. 1828-1842 Benjamin C. Howard 1-24 How. 42-65 U.S. 1843-1860…
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BP Bibliography Cases and reviews
British Petroleum Bibliography Cases and law review articles An environmental crime example In re: Oil Spill by the Oil Rig “Deepwater Horizon” in the Gulf of Mexico, on April 20, 2010, 731 F. Supp. 2d 1352 (J.P.M.L. 2010) (consolidating 77 of nearly 300 related civil actions arising from the spill) United States v. BP Prods.…
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New actors in international law. Bibliography
Traditionally, international law has focused on the state as an actor but gradually other actors have taken the international stage with a degree of legal personality. The international society of today would be unimaginable without IGOs such as the UN or NGOs like Amnesty International or Greenpeace. The MNC is a special case of the…
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Barcelona Traction Case
Barcelona Traction Case (1970) A Contentious Case between Belgium and Spain before the ICJ: https://www.icj-cij.org/docket/index.php?p1=3&code=bt&case=41&k=4e Belgium citizens, with stock in the electric company known as Barcelona Traction, sought relief from Spain where the company was located. The ICJ ruled the “citizenship” of Barcelona Traction was not determined by the citizenship of Belgium investors but the…