Search results
Results from the WOW.Com Content Network
In the civil law tradition, a legal good is an interest or right that the legal system protects. Legal goods are a central concern of criminal law.According to some theories, the state can only legitimately punish conduct if that conduct interferes with a legal good established in fundamental principles of law, such as a constitution.
A central part of H.L.A. Hart's theory on legal positivism, in any legal system, the rule of recognition is a master meta-rule underlying any legal system that defines the common identifying test for legal validity (or "what counts as law") within that system. According to Hart:
Good law is the concept in jurisprudence that a legal decision is still valid or holds legal weight. A good law decision has not been overturned (during an appeal) or otherwise rendered obsolete (such as by a change in the underlying law). Legal practitioners use good law as part of the basis for making legal arguments.
The requirements for a PGI are slightly less strict; a good reputation of a product from a given region is sufficient (rather than objectively different characteristics) if any of the steps of production, processing and preparation may take place within the region. Otherwise, the protection afforded by the two terms is equivalent. [citation needed]
Exclusive legal positivists, notably Joseph Raz, go further than the standard thesis and deny that it is possible for morality to be a part of law at all. The discretion thesis states that judges create new law when they are given discretion to adjudicate cases where existing law underdetermines the result.
Legal syllogism is a legal concept concerning the law and its application, specifically a form of argument based on deductive reasoning and seeking to establish whether a specified act is lawful. [1] A syllogism is a form of logical reasoning that hinges on a question, a major premise, a minor premise and a conclusion.
There are two main views on the right to property in the United States, the traditional view and the bundle of rights view. [6] The traditionalists believe that there is a core, inherent meaning in the concept of property, while the bundle of rights view states that the property owner only has bundle of permissible uses over the property. [1]
An argument map or argument diagram is a visual representation of the structure of an argument.An argument map typically includes all the key components of the argument, traditionally called the conclusion and the premises, also called contention and reasons. [1]