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A legal treatise is a scholarly legal publication containing all the law relating to a particular area, such as criminal law or trusts and estates.There is no fixed usage on what books qualify as a "legal treatise", with the term being used broadly to define books written for practicing attorneys and judges, textbooks for law students, and explanatory texts for laypersons. [1]
A treatise is a formal and systematic written discourse on some subject concerned with investigating or exposing the principles of the subject and its conclusions. [1] A monograph is a treatise on a specialized topic.
Strictly speaking, this is a definition of human law. [8] The term "law" as used by Aquinas is equivocal, meaning that the primary meaning of law is "human law", but other, analogous concepts are expressed with the same term. [9]
The Restatements of the Law is one of the most respected and well-used sources of secondary authority, covering nearly every area of common law. While considered secondary authority (compare to primary authority), the authoritativeness of the Restatements of the Law is evidenced by their acceptance by courts throughout the United States.
[39] In his Treatise on Law, Thomas Aquinas argues that law is a rational ordering of things, which concern the common good, that is promulgated by whoever is charged with the care of the community. [40] This definition has both positivist and naturalist elements. [41]
Two Treatises is divided into the First Treatise and the Second Treatise. typically shortened to "Book I" and "Book II" respectively. Before publication, however, Locke gave it greater prominence by (hastily) inserting a separate title page: "An Essay Concerning the True Original, Extent and End of Civil Government."
The School of Salamanca played a great role in the diffusion of the contractual consensualism. If this idea was already admitted in canon law since the 12th Century and the application of the principle pacta sunt servanda, the civil law only followed this way in the 16th century [24] after the call of famous jurists like Luis de Molina. [25]
Jurisprudence, also known as theory of law or philosophy of law, is the examination in a general perspective of what law is and what it ought to be. It investigates issues such as the definition of law; legal validity; legal norms and values; as well as the relationship between law and other fields of study, including economics , ethics ...