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Corelative
Correlative ("corelative," UK spelling) is the term adopted by Wesley Newcomb Hohfeld to describe the philosophical relationships between fundamental legal concepts in jurisprudence. Hohfeldian analysis Hohfeld was concerned that there was some ambiguity in the explanation of the similarities and differences between concepts in law. Hence, with the focus on the nature of ''rights'', he proposed a system of analysis based on "jural correlatives" and "jural opposites". A correlative is where two concepts are logically consistent and the one necessarily implies the other. When two concepts are Hohfeldian opposites (technically, logical contradictions), they are mutually exclusive. Thus, if A has a right with regard to B, an analysis of their relationship from B's point of view must imply that B has a duty to A. An owner of land may hold four distinct entitlements: rights, privileges, powers, and immunities. Hohfeld linked each entitlement to a corelative and its opposite: In pr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Wesley Newcomb Hohfeld
Wesley Newcomb Hohfeld (August 9, 1879, Oakland, CaliforniaOctober 21, 1918, Alameda, California) was an American jurist. He was the author of the seminal ''Fundamental Legal Conceptions as Applied in Judicial Reasoning and Other Legal Essays'' (1919). During his life he published only a handful of law journal articles. After his death the material forming the basis of ''Fundamental Legal Conceptions'' was derived from two articles in the ''Yale Law Journal'' (1913) and (1917) that had been partially revised with a view to publication. Editorial work was undertaken to complete the revisions and the book was published with the inclusion of the manuscript notes that Hohfeld had left, plus seven other essays. The work remains a powerful contribution to modern understanding of the nature of rights and the implications of liberty. To reflect Hohfeld's continuing importance, a chair at Yale University is named after him. The chair is currently occupied by Gideon Yaffe as of 2019 and was ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jurisprudence
Jurisprudence, or legal theory, is the theoretical study of the propriety of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and they also seek to achieve a deeper understanding of legal reasoning and analogy, legal systems, legal institutions, and the proper application of law, the economic analysis of law and the role of law in society. Modern jurisprudence began in the 18th century and it was based on the first principles of natural law, civil law, and the law of nations. General jurisprudence can be divided into categories both by the type of question scholars seek to answer and by the theories of jurisprudence, or schools of thought, regarding how those questions are best answered. Contemporary philosophy of law, which deals with general jurisprudence, addresses problems internal to law and legal systems and problems of law as a social institution that relates to the larger political and social context in which it exists.Sh ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Logically Consistent
In classical deductive logic, a consistent theory is one that does not lead to a logical contradiction. The lack of contradiction can be defined in either semantic or syntactic terms. The semantic definition states that a theory is consistent if it has a model, i.e., there exists an interpretation under which all formulas in the theory are true. This is the sense used in traditional Aristotelian logic, although in contemporary mathematical logic the term ''satisfiable'' is used instead. The syntactic definition states a theory T is consistent if there is no formula \varphi such that both \varphi and its negation \lnot\varphi are elements of the set of consequences of T. Let A be a set of closed sentences (informally "axioms") and \langle A\rangle the set of closed sentences provable from A under some (specified, possibly implicitly) formal deductive system. The set of axioms A is consistent when \varphi, \lnot \varphi \in \langle A \rangle for no formula \varphi. If there ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mickey Dias
Reginald Walter Michael "Mickey" Dias Bandaranaike QC (3 March 1921 – 17 November 2009) was a barrister, academic and author of leading works on jurisprudence and the law of tort. He was the first Law Fellow of Magdalene College, Cambridge, Director of Studies and Professor of Jurisprudence. Early life and education Born in Colombo, Ceylon (now Sri Lanka) on 3 March 1921 to the Dias family which had strong connections to the law. His father was Dr Felix Reginald Dias Bandaranaike II, Puisne Justice, and his mother was "Princess" Joy De Livera. The Dias family included Sir Harry Dias Bandaranaike, Judge of the Supreme Court and Acting Chief Justice, Felix Reginald Dias Bandaranaike I (grandfather), Judge of the Supreme Court. His half brother was Felix Dias Bandaranaike who later served as the Minister of Justice and Minister of Finance of Ceylon. Dias was educated at Royal Preparatory School and later at Royal College Colombo. He attended the Ceylon Law College and in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Murphy V Brentwood DC
was a judicial decision of the House of Lords in relation to recovery for pure economic loss in tort. The court overruled the decision ''Anns v Merton London Borough Council'' with respect to duty of care in English law. Facts A builder failed to build proper foundations to a house. The defendant local authority, approving the building for its building regulations, failed to recognise the problem. When the building became dangerously unstable, the claimant, being unable to raise any money for repairs and choosing not to sue anyone at that stage therefore had to sell the house at a considerable loss. He sought to recover his loss from Brentwood District Council, but this action failed as the loss, the deflated value he obtained for the house, was classed as a pure economic loss. Judgment The House of Lords overruled ''Anns'' and held that the council was not liable in the absence of physical injury. Also, the case of '' Dutton v Bognor Regis UDC'' was disapproved. This judgm ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Alfred Denning
Alfred Thompson "Tom" Denning, Baron Denning (23 January 1899 – 5 March 1999) was an English lawyer and judge. He was called to the bar of England and Wales in 1923 and became a King's Counsel in 1938. Denning became a judge in 1944 when he was appointed to the Probate, Divorce and Admiralty Division of the High Court of Justice, and transferred to the King's Bench Division in 1945. He was made a Lord Justice of Appeal in 1948 after less than five years in the High Court. He became a Lord of Appeal in Ordinary in 1957 and after five years in the House of Lords returned to the Court of Appeal as Master of the Rolls in 1962, a position he held for twenty years. In retirement he wrote several books and continued to offer opinions on the state of the common law through his writing and his position in the House of Lords. Margaret Thatcher said that Denning was "probably the greatest English judge of modern times". Denning's appellate work in the Court of Appeal did not concern ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Master Of The Rolls
The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the President of the Civil Division of the Court of Appeal of England and Wales and Head of Civil Justice. As a judge, the Master of the Rolls is second in seniority in England and Wales only to the Lord Chief Justice. The position dates from at least 1286, although it is believed that the office probably existed earlier than that. The Master of the Rolls was initially a clerk responsible for keeping the "Rolls" or records of the Court of Chancery, and was known as the Keeper of the Rolls of Chancery. The Keeper was the most senior of the dozen Chancery clerks, and as such occasionally acted as keeper of the Great Seal of the Realm. The post evolved into a judicial one as the Court of Chancery did; the first reference to judicial duties dates from 1520. With the Judicature Act 1873, which merged the Court of Chancery with the other major courts, the Master of the Ro ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dutton V Bognor Regis UDC
''Dutton v Bognor Regis Urban District Council'' 9721 QB 373 is an English contract law and English tort law case concerning defective premises and the limits of contract damages. It was disapproved by the House of Lords in ''Murphy v Brentwood DC'' and is now bad law except in Canada and New Zealand. Facts Mrs Dutton sought to recover damages from a builder, Bognor Regis Building Co Ltd, and the local council, Bognor Regis Urban District Council, that certified her house was sound, when it emerged that her house's foundations were defective because it had been built on a rubbish tip. This would have been discoverable if proper checks had been made. Mrs Dutton had bought the building from a Mr Clark, who in turn had bought the building from the builder, so that Mrs Dutton had no direct contract with either the builder or the council. She settled the claim with the builder for £625 after getting advice that an action in negligence could not succeed, but continued in an action ag ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Rights
Civil and political rights are a class of rights that protect individuals' freedom from infringement by governments, social organizations, and private individuals. They ensure one's entitlement to participate in the civil and political life of society and the state without discrimination or repression. Civil rights include the ensuring of peoples' physical and mental integrity, life, and safety; protection from discrimination on grounds such as sex, race, sexual orientation, national origin, color, age, political affiliation, ethnicity, social class, religion, and disability; and individual rights such as privacy and the freedom of thought, speech, religion, press, assembly, and movement. Political rights include natural justice (procedural fairness) in law, such as the rights of the accused, including the right to a fair trial; due process; the right to seek redress or a legal remedy; and rights of participation in civil society and politics such as freed ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Philosophy Of Law
Philosophy of law is a branch of philosophy that examines the nature of law and law's relationship to other systems of norms, especially ethics and political philosophy. It asks questions like "What is law?", "What are the criteria for legal validity?", and "What is the relationship between law and morality?" Philosophy of law and jurisprudence are often used interchangeably, though jurisprudence sometimes encompasses forms of reasoning that fit into economics or sociology. Philosophy of law can be sub-divided into analytical jurisprudence, and normative jurisprudence. Analytical jurisprudence aims to define what law is and what it is not by identifying law's essential features. Normative jurisprudence investigates both the non-legal norms that shape law and the legal norms that are generated by law and guide human action. Analytical jurisprudence Unlike experimental jurisprudence, which investigates the content our folk legal concepts using the methods of social science, analy ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
