This method of social control is one in which the government regulates the activities of private companies to protect its citizens in order to avoid exploitation of citizens. Actions taken by the government include: licensing, inspection, warnings, suspension, litigation or prosecution as a last resort, etc. The government has also established some regulatory bodies such as the Joint Admissions and Regulation Board. Neat, reasonable and logical in relation to the law. Examples of prominent legal positivists include Jeremy Bentham, John Austin, Joseph Raz, etc. Examples of positive laws are the Constitution, the Penal Code, the Law on Companies and Parents, etc. The strict application of the doctrine has been criticized for leading to dictatorship, anarchy, tyranny and despotism. Substantive law is a body of legislation. It defines a code of conduct and provides for a sanction in case of violation of this code. It deals with all laws except procedural law. It includes constitutional law, criminal law, contract law, tort liability, etc.
Any legal principle that contradicts established legislation can become vulnerable to legal criticism and be struck down by the courts. In a legal sense, common laws are laws developed from the common law judicial system of King`s Bench, the Court of Common Pleas and the Exchequer Court. Common law arose after the Norman Conquest of 1066 AD. This technique differs from the punitive method in that it regulates behaviour, whereas the latter prohibits and punishes antisocial behaviour. It also differs from the complaint resolution technique in that it prevents and enforces it from being carried out by the government. While the latter ensures compensation in the event of a breach and that it is executed at the initiative of the injured party. The language of the law does not mean entirely new language, but a combination of words or phrases, usually in written or oral form, used by lawyers to convey legal thoughts and arguments. It simply means strict application of the law, sometimes without ensuring that justice is taken into account in the circumstances. He cares too much about the details of the law instead of following the spirit of the law and fulfilling the main purpose of the law, which is to deliver justice. The problem of legalism has resulted in the principle of fairness, which helps to alleviate the difficulties caused by the strict application of the law.
Through this technique, the law allows the individual to manage his or her private life and affairs as he or she wishes, as long as it is within the bounds of the law. Technology does not bind every member of society to its rules. It binds only those who want to be bound. For example, a person is not obliged to marry, but if such a person chooses to do so, he must do so within the legal framework. Thus, a person has the right to marry in accordance with marriage law, customary law or Islamic law. If he decides to marry in accordance with the Marriage Act, he must comply with its provisions. Similarly, there is freedom of choice when drafting a will, and if he decides to draw up a will, he must comply with the law established on the will for it to be valid. Frédéric de Savigny rejected it because it favoured a radical and revolutionary change, contrary to his preference for the evolutionary growth of law. It is also expensive and time-consuming, and requires intellectual skills. It destroys continuity in the development of law. The journal Law and Method in Legal Research and Education (Recht en methode in onderzoek en onderwijs, “ReM”) publishes articles not only on academic legal research methods, but also on practical legal methods such as methods of legislation, legal interpretation and legal argumentation.
As editors, we are interested in contributions that reflect the practice of lawyers and jurists: what are the main methodological issues they face and how can they be addressed? In addition, legal education is an important topic addressed in this review. What methodological advice should be given to future lawyers? How can we design an educational program for teaching legal methods that is suitable for university law students and/or law students in other types of higher education institutions? Therefore, positive law is any law promulgated by the sovereign or by persons legally authorized to enact such laws that have a binding effect on the people in general. Not all aspects of the judgment are relevant to determining the principle decided in a case. It is the ratio decidendi (motivation for the decision) that is relevant in determining the precedent. This is the legal principle underlying the decision, without which the General Court would not have taken its decision. It requires strong legal knowledge and skills in the application of legal principles that can be acquired through academic training, post-application practical experience, etc. It is a well-known fact that the law is an instrument of social control. The techniques or methods it uses to control societal behavior are discussed below. In Holman v. Johnson, the plaintiff sold tea to the defendant in Dunkirk, fully aware that the tea had to be smuggled into England. As a result, the buyer refused to pay, arguing that the sale of the tea was illegal.
The court rejected the argument on the grounds that it would mean that the laws of England were also available in Dunkirk. This chapter focuses on the legal method and aims to determine scientifically valid principles of interpretation. In accordance with previous chapters, this implies that perspective is normo-descriptive and not normative-expressive. It is not a question of which principles of interpretation are correct, but which principles judges consider correct and which, as such, effectively govern the courts when they apply general rules of law to certain subjects. As with the sources of law, the ideology of interpretation varies from one legal system to another. Consequently, the task of general legal theory can only be to explain certain factual assumptions about methodological problems and to place and characterize various existing styles of method and interpretation within the framework of a general typology. In addition, the chapter focuses mainly on methodological issues related to the interpretation of law, which are more important in continental legal systems where legislation is the predominant source of law. Based on a general account of semantics, the chapter analyzes three types of interpretive problems – syntactic, logical and semantic – and concludes by reflecting on the role of pragmatic factors in the exercise of legal authority. Pound`s approach to applying legal rules to social affairs was somewhat sterile. It considers that the legal rules strike a balance and a balance between conflicting interests. It simply means that the law serves the interests of those who contribute to the well-being of society as a whole.
It recognizes the task of the lawyer as that of a social engineer who formulates a program of action, tries to align individual and social needs with the valves of Western democratic society. It is important to note that only English laws that have been domesticated are binding. There are three methods of legal reasoning/logic that are typically used by lawyers to support their argument. Resolution of legal issues raised by a party to a dispute before the These are laws established or made by persons authorized to enact such laws to guide the conduct of members of society. The legal school of positive law is legal positivism, which does not deal with morality. In summary, with the introduction of this review, we want to stimulate methodological debate both in legal research and in legal education. It provides a platform for general theoretical contributions as well as for concrete reflection on research and teaching in legal practice. In this way, an interesting exchange can take place not only between theory and practice, but also between different scientific approaches. By combining different perspectives – traditional legal research with interdisciplinary research, jurisprudence with legal practice, legal education in various forms of higher education – new developments in legal research and education are encouraged. A library catalogue can also be used by a researcher to find relevant documents. They are usually located at the entrance of the library or wherever they can be easily found. They can be in electronic form, printed, etc., but the most important form is the card form.
Whatever the form, materials can be found there by knowing the author, theme or title, but the most important of these is the title entry. There is usually a card for the author, the theme, the title, all in the same book. However, literary works are not included in the library catalogue under their themes. It was proposed by Jeremy Bentham (1748-1832). He argues that the purpose of the Act is to promote community benefit, which would have a positive effect on the broader aspect of society. Utility here means happiness. The greatest number of good things should be the basis for the enactment of appropriate laws in society.