Body of Law
Jump to navigation
Jump to search
A Body of Law is a rule-based human-fabricated construct (of established legal principles, jurisprudence, and rules) that govern a particular legal subject.
- Context:
- It can consists of the concepts, standards, and requirements that shape our understanding of law.
- It can (typically) be abstract and conceptual, acting as a foundation for interpreting actual laws and cases.
- It can span statutes, regulations, and precedents but exists independently from any single law or case.
- It can (typically) evolves over time through accumulated lawmaking and judicial activity.
- It reference a Legal Corpus which provides the raw data for exploring and analyzing a body of law.
- …
- Example(s):
- A Body of Contract Law (contract law) includes concepts like consideration and good faith, remedies like damages, and types like sales contracts.
- A Body of Criminal Law (criminal law) establishes what constitutes offenses, how intent and liability are determined, available defenses, and the bounds of punishment.
- A Body of Constitutional Law (constitutional law).
- A Body of Privacy Law (privacy law).
- A Jim Crow Body of Law (Jim Crow).
- …
- Counter-Example(s):
- A Statute, Regulation or Case alone does not constitute a body of law. Bodies of law accumulate over time through multiple laws and precedents.
- A Political Construct.
- See: Common Law, Civil Law Tradition, Jurisprudence, Contract Law, Civil Law, Case Law.
References
2021
- (Wikipedia, 2021) ⇒ https://en.wikipedia.org/wiki/Privacy_law Retrieved:2021-12-4.
- Privacy law is the body of law that deals with the regulating, storing, and using of personally identifiable information, personal healthcare information, and financial information of individuals, ...
2007
- (Horrigan, 2007) ⇒ B. Horrigan (2007). "21st Century Corporate Social Responsibility Trends-An Emerging Comparative Body of Law and Regulation of Corporate Responsibility, Governance, and Sustainability." In: Macquarie Journal of Business Law, 4, 123–165.
- QUOTE: "Commentators are highlighting the emergence of a distinctive body of law and other regulation relating to corporate governance that transcends and, to some degree, reorientates the ..."
1996
- (O’Rourke, 1996) ⇒ M.A. O’Rourke (1996). "Rethinking Remedies at the Intersection of Intellectual Property and Contract: Toward a Unified Body of Law." In: Iowa Law Review, 82, 1–65.
- QUOTE: "As society continues to move" on-line"'and technology advances in fields such as biotechnology, a paradigm shift is occurring. Investors are focusing less on asset valuations based on ..."
1992
- (Anderson & Brown, 1992) ⇒ M.G. Anderson & P.F. Brown (1992). "The Economics Behind Copyright Fair Use: A Principled and Predictable Body of Law." In: Loyola University Chicago Law Journal, 24, 53–94.
- QUOTE: "... Copyright and fair use, viewed from all directions, is a body of law that implicitly recognizes the principle of economic substitution. As this Article will demonstrate, the fair use critics are ..."
1979
- (Kahale III & Vega, 1979) ⇒ G. Kahale III & M.A. Vega (1979). "Immunity and Jurisdiction: Toward a Uniform Body of Law in Actions Against Foreign States." In: Columbia Journal of Transnational Law, 18, 61–97.
- QUOTE: "... for rapid development of uniformity in the law of immunity and jurisdiction are enhanced by the fact that the Immunities Act in large measure codifies the substantial body of law ..."