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Legal Relationship
A legal relationship or legal relation is a legal connection between two persons or other entities. It may also be known, particularly in the law of India, as a jural relationship. A legal relationship may exist, for example, between two individuals or between an individual and a government. Legal relationships often imply rights and obligations. Examples of legal relationships include contracts, marriage, and citizenship. As with other fundamental legal concepts, many different ways of defining and classifying legal relationships have been put forward. Being able to enter into legal relations is a defining characteristic of legal personhood. For example, prior to the abolition of coverture in the United States and United Kingdom, married women lacked the ability to enter into legal relations. The same was true of enslaved people under various forms of slavery, including in ancient Rome and the United States before 1865. The connection between legal personhood and the ability to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Of India
The List of national legal systems, legal system of India consists of Civil law (common law), civil, common law and Custom (law), customary, Islamic ethics, or religious law within the legal framework inherited from the colonial era and various legislation first introduced by the British are still in effect in modified forms today. Since the drafting of the Indian Constitution, Indian laws also adhere to the United Nations guidelines on human rights law and the environmental law. Indian personal law is fairly complex, with each religion adhering to its own specific laws. In most states, registering of marriages and divorces is not compulsory. Separate laws govern Hindus including Sikhs, Jains and Buddhist, Muslims, Christians, and followers of other religions. The exception to this rule is in the state of Goa, where a uniform civil code is in place, in which all religions have a common law regarding marriages, divorces, and adoption. In the first major reformist judgment for t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pandectist
The Pandectists were German university legal scholars in the early 19th century who studied and taught Roman law as a model of what they called ''Konstruktionsjurisprudenz'' (conceptual jurisprudence) as codified in the Pandects of Justinian (Berman). Beginning in the mid-19th century, the Pandectists were attacked in arguments by noted jurists Julius Hermann von Kirchmann and Rudolf von Jhering, who favored a modern approach of law as a practical means to an end (Weber). In the United States, Oliver Wendell Holmes Jr. and other legal realists pushed for laws based on what judges and the courts actually did, rather than the historical and conceptual or academic law of Friedrich Carl von Savigny and the Pandectists (Rosenberg). See also *Corpus Juris Civilis *Law of Germany *Civil code *Roman law Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the ''Corp ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Privilege (law)
A privilege is a certain entitlement to immunity granted by the state or another authority to a restricted group, either by birth or on a conditional basis. Land-titles and taxi medallions are examples of transferable privilege – they can be revoked in certain circumstances. In modern democratic states, a ''privilege'' is conditional and granted only after birth. By contrast, a '' right'' is an inherent, irrevocable entitlement held by all citizens or all human beings from the moment of birth. Various Examples of old common law privilege still exist – to title deeds, for example. Etymologically, a privilege (''privilegium'') means a "private law", or rule relating to a specific individual or institution. The principles of conduct that members of the legal profession observe in their practice are called legal ethics. Boniface's abbey of Fulda, to cite an early and prominent example, was granted '' privilegium'', setting the abbot in direct contact with the pope, bypassin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Duty
A duty (from "due" meaning "that which is owing"; fro, deu, did, past participle of ''devoir''; la, debere, debitum, whence "debt") is a commitment or expectation to perform some action in general or if certain circumstances arise. A duty may arise from a system of ethics or morality, especially in an honor culture. Many duties are created by law, sometimes including a codified punishment or liability for non-performance. Performing one's duty may require some sacrifice of self-interest. Cicero, an early Roman philosopher who discusses duty in his work “On Duty", suggests that duties can come from four different sources: # as a result of being a human # as a result of one's particular place in life (one's family, one's country, one's job) # as a result of one's character # as a result of one's own moral expectations for oneself The specific duties imposed by law or culture vary considerably, depending on jurisdiction, religion, and social normalities. Civic duty Duty i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Wesley 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] |
Great Purge
The Great Purge or the Great Terror (russian: Большой террор), also known as the Year of '37 (russian: 37-й год, translit=Tridtsat sedmoi god, label=none) and the Yezhovshchina ('period of Yezhov'), was Soviet General Secretary Joseph Stalin's campaign to solidify his power over the party and the state; the purges were also designed to remove the remaining influence of Leon Trotsky as well as other prominent political rivals within the party. It occurred from August 1936 to March 1938. Following the death of Vladimir Lenin in 1924 a power vacuum opened in the Communist Party. Various established figures in Lenin's government attempted to succeed him. Joseph Stalin, the party's General Secretary, outmaneuvered political opponents and ultimately gained control of the Communist Party by 1928. Initially, Stalin's leadership was widely accepted; his main political adversary Trotsky was forced into exile in 1929, and the doctrine of " socialism in one country" b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New Economic Policy
The New Economic Policy (NEP) () was an economic policy of the Soviet Union proposed by Vladimir Lenin in 1921 as a temporary expedient. Lenin characterized the NEP in 1922 as an economic system that would include "a free market and capitalism, both subject to state control", while socialized state enterprises would operate on "a profit basis". The NEP represented a more market-oriented economic policy (deemed necessary after the Russian Civil War of 1918 to 1922) to foster the economy of the country, which had suffered severely since 1915. The Soviet authorities partially revoked the complete nationalization of industry (established during the period of war communism of 1918 to 1921) and introduced a mixed economy which allowed private individuals to own small and medium sized enterprises, while the state continued to control large industries, banks and foreign trade. In addition, the NEP abolished '' prodrazvyorstka'' (forced grain-requisition) and introduced '' prodnalog' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Evgeny Pashukanis
Evgeny Bronislavovich Pashukanis ( Russian: Евгений Брониславович Пашуканис; 23 February 1891 – 4 September 1937) was a Soviet legal scholar, best known for his work ''The General Theory of Law and Marxism''. Early life and October Revolution Pashukanis was born in Staritsa, in the Tver Governorate in the Russian Empire. The Pashukanis family was of Lithuanian background; he was a cousin of the publisher, Vikentiy Pashukanis. Influenced by his family, particularly his uncle, he joined the Russian Social Democratic Workers' Party (RSLDP) in Saint Petersburg at the age of 17. In 1909, he started studying jurisprudence in Saint Petersburg. As a result of his socialist activism, the Czarist police threatened Pashukanis with banishment, so he left Russia for Germany in 1910. He continued his studies in Munich. During World War I, he returned to his native Russia. In 1914, he helped draft the RSLDP resolution opposing the war. Following the 1917 October ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Marxist
Marxism is a left-wing to far-left method of socioeconomic analysis that uses a materialist interpretation of historical development, better known as historical materialism, to understand class relations and social conflict and a dialectical perspective to view social transformation. It originates from the works of 19th-century German philosophers Karl Marx and Friedrich Engels. As Marxism has developed over time into various branches and schools of thought, no single, definitive Marxist theory exists. In addition to the schools of thought which emphasize or modify elements of classical Marxism, various Marxian concepts have been incorporated and adapted into a diverse array of social theories leading to widely varying conclusions. Alongside Marx's critique of political economy, the defining characteristics of Marxism have often been described using the terms dialectical materialism and historical materialism, though these terms were coined after Marx's death and their tenets ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Private Law
Private law is that part of a civil law legal system which is part of the '' jus commune'' that involves relationships between individuals, such as the law of contracts and torts (as it is called in the common law), and the law of obligations (as it is called in civil legal systems). It is to be distinguished from public law, which deals with relationships between both natural and artificial persons (i.e., organizations) and the state, including regulatory statutes, penal law and other law that affects the public order. In general terms, private law involves interactions between private individuals, whereas public law involves interrelations between the state and the general population. Concept One of the five capital lawyers in Roman law, Domitius Ulpianus, (170–223) – who differentiated ius publicum versus ius privatum – the European, more exactly the continental law, philosophers and thinkers want(ed) to put each branch of law into this dichotomy: Public and Priv ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gustav Radbruch
Gustav Radbruch (21 November 1878 – 23 November 1949) was a German legal scholar and politician. He served as Minister of Justice of Germany during the early Weimar period. Radbruch is also regarded as one of the most influential legal philosophers of the 20th century. Life Born in Lübeck, Radbruch studied law in Munich, Leipzig and Berlin. He passed his first bar exam ("Staatsexamen") in Berlin in 1901, and the following year he received his doctorate with a dissertation on "The Theory of Adequate Causation". This was followed in 1903 by his qualification to teach criminal law in Heidelberg. In 1904, he was appointed Professor of criminal and trial law and legal philosophy in Heidelberg. In 1914 he accepted a call to a professorship in Königsberg, and later that year assumed a professorship at Kiel. Radbruch was a member of the Social Democratic Party of Germany (SPD), and held a seat in the Reichstag from 1920 to 1924. In 1921–22 and throughout 1923, he was minister of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Choice Of Law
Choice of law is a procedural stage in the litigation of a case involving the conflict of laws when it is necessary to reconcile the differences between the laws of different legal jurisdictions, such as sovereign states, federated states (as in the US), or provinces. The outcome of this process is potentially to require the courts of one jurisdiction to apply the law of a different jurisdiction in lawsuits arising from, say, family law, tort, or contract. The law which is applied is sometimes referred to as the " proper law." Dépeçage is an issue within choice of law. Sequence of events in conflict cases in Common Law jurisdictions #Jurisdiction. The court selected by the plaintiff must decide both whether it has the jurisdiction to hear the case and, if it has, whether another forum is more suitable (the '' forum non conveniens'' issue relates to the problem of forum shopping) for the disposition of the case. Naturally, a plaintiff with appropriate knowledge and financ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
