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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.
Law of Indonesia is based on a civil law system, intermixed with local customary law and Dutch law. Before European presence and colonization began in the sixteenth century, indigenous kingdoms ruled the archipelago independently with their own custom laws, known as adat (unwritten, traditional rules still observed in the Indonesian society). [ 1 ]
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 ...
Rule 5, as advocated by James E. Krier, Earl Warren DeLano Professor of Law at the University of Michigan Law School, and Stewart Schwab, Professor of Law at Cornell Law School, in Property Rules and Liability Rules: the Cathedral in another Light provides for a solution for the shortfalls of Rule 4. Under Rule 5, the court would use a best ...
[7] He further separates the law of obligations into contracts, delicts, quasi-contracts, and quasi-delicts. Nowadays, obligation, as applied under civilian law, means a legal tie ( vinculum iuris ) by which one or more parties (obligants) are bound to perform or refrain from performing specified conduct (prestation). [ 8 ]
Each state, therefore, produces a set of rules to guide the choice of law, and one of the most significant rules is that the law to be applied in any given situation will be the proper law. This is the law that seems to have the closest and most real connection to the facts of the case, and so has the best claim to be applied. The term "proper ...
the court will apply the law of the forum to all procedural matters (including the choice of law rules); it counts the factors that connect or link the legal issues to the laws of potentially relevant states and applies the laws that have the greatest connection, e.g. the law of nationality ( lex patriae ) or the law of habitual residence ( lex ...
An unjust law is no law at all (Latin: lex iniusta non est lex) is an expression in support of natural law, acknowledging that authority is not legitimate unless it is good and right. It has become a standard legal maxim around the world. This view is strongly associated with natural law theorists, including John Finnis and Lon Fuller. [1]