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Legal awareness is an important part of professional work life. [36] According to John Akula, when law-sensitive issues arise, corporate executives often find themselves in what is, for them, unmapped territory, often without requisite law training. [37]
In contrast to English common law, which consists of enormous tomes of case law, codes in small books are easy to export and easy for judges to apply. However, today there are signs that civil and common law are converging. [64] EU law is codified in treaties, but develops through de facto precedent laid down by the European Court of Justice. [65]
The natural law theorists of the distant past, such as Aquinas and John Locke made no distinction between analytic and normative jurisprudence, while modern natural law theorists, such as John Finnis, who claim to be positivists, still argue that law is moral by nature. In his book Natural Law and Natural Rights (1980, 2011), John Finnis ...
The rule of law on this conception is the ideal of rule by an accurate public conception of individual rights. It does not distinguish, as the rule book conception does, between the rule of law and substantive justice; on the contrary it requires, as part of the ideal of law, that the rules in the book capture and enforce moral rights.
Legal history or the history of law is the study of how law has evolved and why it has changed. Legal history is closely connected to the development of civilizations [1] and operates in the wider context of social history.
These topics include courts and criminal law, unions, social security, and education. [95] In general, when the Union and State laws on a Concurrent List item conflict, the Union-level laws prevail. The only way for the State-level law to override the national one is with the consent of the President, acting on the advice of the Prime Minister ...
Compared to other sources of law, precedent has the advantage of flexibility and adaptability, and may enable a judge to apply "justice" rather than "the law". Equity (England only) Equity is a source of law peculiar to England and Wales. Equity is the case law developed by the (now defunct) Court of Chancery. [14]
Trust law in India is mainly codified in the Indian Trusts Act of 1882, which came into force on 1 March 1882. It extends to the whole of India except for the state of Jammu and Kashmir and Andaman and Nicobar Islands. Indian law follows principles of English law in most areas of law, but the law of trusts is a notable exception.