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A custom is an unwritten law introduced by the continuous acts of the faithful with the consent of the legitimate legislator. Decree (Catholic canon law) - an order or law made by a superior authority for the direction of others. Dispensation (Catholic canon law) - the exemption from the immediate obligation of law in certain cases. Its object ...
The expressive function of law is the effect of law to create or validate social norms beyond the fear of punishment. [ 1 ] [ 2 ] For example, the criminalization of homosexuality may be maintained in order to express disapproval of homosexuality, even if it is not regularly enforced.
This evolutionary approach, as has been stated, was subsequently replaced within the anthropological discourse by the need to examine the manifestations of law's societal function. As according to Hoebel, law has four functions: 1) to identify socially acceptable lines of behaviour for inclusion in the culture.
In The Concept of Law, H. L. A. Hart argued that law is a "system of rules"; [35] John Austin said law was "the command of a sovereign, backed by the threat of a sanction"; [36] Ronald Dworkin describes law as an "interpretive concept" to achieve justice in his text titled Law's Empire; [37] and Joseph Raz argues law is an "authority" to ...
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]
Kelsen viewed international law as either included in all national legal systems, or an overarching legal system of which the national legal systems were subordinate parts. [13] H.L.A. Hart considered international law to be law, but not a legal system, because it lacked a rule of recognition, rule of change, or rule of adjudication. [14]
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The Spirit of Law (French: De l'esprit des lois, originally spelled De l'esprit des loix [1]), also known in English as The Spirit of [the] Laws, is a treatise on political theory, as well as a pioneering work in comparative law by Montesquieu, published in 1748. [2]