Legal System Law
A Legal System Law is a rule set that is enforced by a legal system/legal institution.
- Context:
- It can range from being a Comprehensible Law to being an Incomprehensible Law.
- It can be part of a Legal System that governs behavior within a Jurisdiction.
- It can be created through Legislation Act or derived from Judicial Precedents.
- It can cover various areas such as Criminal Law, Civil Law, Administrative Law, and Constitutional Law.
- It can be subject to interpretation and application by Legal Professionals.
- It may involve Legal Penalties, sanctions, or remedies for non-compliance.
- It can be composed of:
- a Law Title.
- a Law Preamble Section, that outlines the reasons and purpose behind the enactment of the law.
- a Law Definitions Section, a document glossary that clarifies the meaning of key terms used in the law.
- a Substantive Provisions Section, that lays out the rights, duties, obligations, and prohibitions. These are often broken down into:
- a Law Clauses Section, with legal provisions that address specific issues.
- a Law Clauses Subsections, that provide additional detail or clarification.
- a Law Paragraphs Section, for further clarification or to list items.
- a Law Exceptions Section, with provisions that outline circumstances under which the general rules in the substantive provisions do not apply.
- a Law Penalties Section, with clauses that specify the consequences or sanctions for violating the law.
- a Law Effective Date, indicating when the law will come into effect.
- a Law Transitional Provisions Seciton, with special rules that apply only during the period between the law’s enactment and its coming into effect, or other transitional periods.
- a Law Repeal or Amendment of Previous Laws Section, that specifies any previous laws or regulations that are being amended or repealed by the new law.
- a Law Schedules and Annexes Section, that can include detailed information, tables, or other data that support or are referenced in the law.
- a Law Enacting Formula Section, to formally assert the authority behind the passing of the law. This is common in legislation from parliamentary systems.
- a Signatures and Endorsements Section, of the responsible authority, like a president, governor, or monarch, are needed to validate the law.
- ...
- Example(s):
- a Property Law.
- a Criminal Law.
- a Tort Law.
- a Maritime Law.
- a Cyber Law.
- a Corporate Law.
- an Employment Law.
- ...
- Counter-Example(s):
- See: Legal Domain, Law Enforcement, Regulation, Precedent, Common Law, Contract Law, Alternative Dispute Resolution.
References
2023a
- (Open AI ChatGPT, 2023) ⇒ https://chat.openai.com Retrieved: 2023-07-30.
- Q: What is "law"?
- A: A "law" typically refers to a system of rules, regulations, or principles that govern and guide the behavior of individuals, groups, or organizations within a specific society or community. Laws are established by governing bodies, such as legislatures or judicial authorities, to maintain order, protect rights, and ensure justice. They are enforced through legal mechanisms and can include a wide range of topics, including criminal offenses, civil disputes, property rights, contracts, and more.
Laws serve as a fundamental framework for the functioning of a society, providing a set of guidelines that citizens and institutions must follow. They play a crucial role in upholding social order, protecting individual rights, resolving conflicts, and shaping the overall culture and norms of a community. Compliance with laws is essential for a well-functioning society, and violations can lead to various consequences, such as fines, imprisonment, or other legal penalties. The interpretation and application of laws are often carried out by the judicial system, ensuring fairness and adherence to established principles.
2023b
- (Wikipedia, 2023) ⇒ https://en.wikipedia.org/wiki/Law Retrieved:2023-6-26.
- Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,[1] with its precise definition a matter of longstanding debate. It has been variously described as a science [2] and as the art of justice. State-enforced laws can be made by a group legislature or by a single legislator, resulting in statutes; by the executive through decrees and regulations; or established by judges through precedent, usually in common law jurisdictions. Private individuals may create legally binding contracts, including arbitration agreements that adopt alternative ways of resolving disputes to standard court litigation. The creation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and also serves as a mediator of relations between people.
Legal systems vary between jurisdictions, with their differences analysed in comparative law. In civil law jurisdictions, a legislature or other central body codifies and consolidates the law. In common law systems, judges may make binding case law through precedent, although on occasion this may be overturned by a higher court or the legislature. Historically, religious law has influenced secular matters and is, as of the 21st century, still in use in some religious communities. Sharia law based on Islamic principles is used as the primary legal system in several countries, including Iran and Saudi Arabia.[3]
The scope of law can be divided into two domains. Public law concerns government and society, including constitutional law, administrative law, and criminal law. Private law deals with legal disputes between individuals and/or organisations in areas such as contracts, property, torts/delicts and commercial law.[4] This distinction is stronger in civil law countries, particularly those with a separate system of administrative courts; by contrast, the public-private law divide is less pronounced in common law jurisdictions.
Law provides a source of scholarly inquiry into legal history, philosophy, economic analysis and sociology.[5] Law also raises important and complex issues concerning equality, fairness, and justice.
- Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,[1] with its precise definition a matter of longstanding debate. It has been variously described as a science [2] and as the art of justice. State-enforced laws can be made by a group legislature or by a single legislator, resulting in statutes; by the executive through decrees and regulations; or established by judges through precedent, usually in common law jurisdictions. Private individuals may create legally binding contracts, including arbitration agreements that adopt alternative ways of resolving disputes to standard court litigation. The creation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and also serves as a mediator of relations between people.
- ↑ Robertson, Crimes against humanity, 90.
- ↑ See for example
- ↑ Raisch, Marylin Johnson. "Religious Legal Systems in Comparative Law: A Guide to Introductory Research – GlobaLex". Hauser Global Law School Program. New York University School of Law. Archived from the original on 31 December 2019. Retrieved 31 December 2019.
- ↑ Horwitz, Morton J. (1 June 1982). "The History of the Public/Private Distinction". University of Pennsylvania Law Review. 130 (6): 1423–1428. doi:10.2307/3311976. JSTOR 3311976. S2CID 51854776. Retrieved 3 January 2020.
- ↑ Banakar, Reza (2003). Merging law and sociology : beyond the dichotomies in socio-legal research. Berlin/Wisconsin: Galda and Wilch Publishing. ISBN 1-931255-13-X.