Search results for: “natural law theories”
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Natural Law Theories
Natural Law Theories In General This entry considers natural law theories only as theories of law. That is not to say that legal theory can be adequately identified and pursued independently of moral and political theory. Nor is it to deny that there are worthwhile natural law theories much more concerned with foundational issues in…
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Rule of Law
Rule of law Definition Rule of law means that any act of the government must be done through laws, that no one is above the law. However this principle has many controversial aspects, the core of it requires that fair laws should apply to all persons in a given jurisdiction. It also means […]
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Rule of Law
Rule of law Definition Rule of law means that any act of the government must be done through laws, that no one is above the law. However this principle has many controversial aspects, the core of it requires that fair laws should apply to all persons in a given jurisdiction. It also means […]
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Natural Law
A typical definition of natural law which overstressed the universality of the concept was provided by Olivecrona (1971: 8): In contradistinction to positive law, 'natural law' generally means a law that has not been posited. Even if it is ascribed to the will of God, it is supposed to […]
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Comparative Law
Comparative law may be defined as the study of the similarities and differences between the laws or legal rules of two or more countries, or between two or more legal systems (i.e. the study of legal systems and laws in different countries). It is not a body of rules and principle. It is a […]
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Theories of Contractual Obligation
Theories of Contractual Obligation Theories of Contractual Obligations Consent Theory of Contract in General The mere fact that one man promises something to another creates no legal duty and makes no legal remedy available in case of non-performance. To be enforceable, the promise must be accompanied by some other factor…. The question now to be…
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Federal Common Law Suit
A Corporation Can be Held Liable in a Federal Common Law Suit Based on the Alien Tort Statute For Violating the Law of Nations in 2011 United States views on international law (based on the document "Digest of U.S. Practice in International Law"): The second question presented is […]
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Federal Common Law Suit
A Corporation Can be Held Liable in a Federal Common Law Suit Based on the Alien Tort Statute For Violating the Law of Nations in 2011 United States views on international law (based on the document "Digest of U.S. Practice in International Law"): The second question presented is […]
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Natural Law Theory
Main source: Finnis, John, "Natural Law Theories", The Stanford Encyclopedia of Philosophy (Fall 2011 Edition), Edward N. Zalta (ed.), URL = . Definition of Legal Law Among the theories that define legal law there are: the theory of Hans Kelsen, who argues that law is […]
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Theory of Divine Law
John Finnis’ Theory of Divine Law The theory of divine law is a theory that there is some entity out there that created both legal laws and scientific laws. These types of laws are still separate, and in fact, people were well aware of this since at least the time of Plato and Aristotle. However,…
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Pure Theory of Law
Pure Theory of Law Overview Hans Kelsen was an Austrian legal theorist, who worked in Germany until the rise of the Nazi Party, and then in the USA. He published the first edition of The Pure Theory of Law in 1934, and a second, expanded edition (which I read) in 1960. The theory is ‘pure’…
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Pure Theory of Law
Pure Theory of Law Overview Hans Kelsen was an Austrian legal theorist, who worked in Germany until the rise of the Nazi Party, and then in the USA. He published the first edition of The Pure Theory of Law in 1934, and a second, expanded edition (which I read) in 1960. The theory is ‘pure’…