Philosophy of law

UNC School of Law The University of North Carolina at Chapel Hill

The paradigm case of a crime lies in the proof, beyond reasonable doubt, that a person is guilty of two things. First, the accused must commit an act which Law is deemed by society to be criminal, or actus reus . Second, the accused must have the requisite malicious intent to do a criminal act, or mens rea .

  • Real property, sometimes called ‘real estate’, refers to ownership of land and things attached to it.
  • Although the role of the executive varies from country to country, usually it will propose the majority of legislation, and propose government agenda.
  • One-year master’s degree programs and a doctoral degree for international graduate students who have earned a law degree outside the United States.
  • Shipping companies operate through ordinary principles of commercial law, generalised for a global market.
  • He took risks with his business dealings, but was careful to stay within the law.
  • However, Athens had no legal science or single word for “law”, relying instead on the three-way distinction between divine law (thémis), human decree and custom (díkē).

In the 19th century in England, and in 1937 in the U.S., the two systems were merged. The third type of legal system—accepted by some countries without separation of church and state—is religious law, based on scriptures. The specific system that a country is ruled by is often determined by its history, connections with other countries, or its adherence to international standards. The sources that jurisdictions adopt as authoritatively binding are the defining features of any legal system.

Aviation law deals with all regulations and technical standards applicable to the safe operation of aircraft, and is an essential part both of pilots’ training and pilot’s operations. Non adherence to Air Law regulations and standards renders a flight operation illegal. It is framed by national civil aviation acts , themselves mostly aligned with the recommendations or mandatory standards of the International Civil Aviation Organisation or ICAO. Environmental law is increasingly important, especially in light of the Kyoto Protocol and the potential danger of climate change.

In general, legal systems can be split between civil law and common law systems. Modern scholars argue that the significance of this distinction has progressively declined; the numerous legal transplants, typical of modern law, result in the sharing by modern legal systems of many features traditionally considered typical of either common law or civil law. The term “civil law”, referring to the civilian legal system originating in continental Europe, should not be confused with “civil law” in the sense of the common law topics distinct from criminal law and public law. 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.

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This became the basis for the four principles of negligence, namely that Stevenson owed Donoghue a duty of care to provide safe drinks; he breached his duty of care; the harm would not have occurred but for his breach; and his act was the proximate cause of her harm. Another example of tort might be a neighbour making excessively loud noises with machinery on his property. Torts can also involve intentional acts such as assault, battery or trespass.

Individual employment law refers to workplace rights, such as job security, health and safety or a minimum wage. Lord King LC was worried that trustees might exploit opportunities to use trust property for themselves instead of looking after it. Business speculators using trusts had just recently caused a stock market crash.

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