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Legal Treatise
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. The treatise may generally be loose leaf bound with rings or posts so that updates to laws covered by the treatise and annotated by the editor may be added by the subscriber to the legal treatise. Legal treatises are secondary authority, and can serve as a useful starting point for legal research, particularly when the researcher lacks familiarity with a particular area of law. Lawyers commonly use legal treatises in order to review the law and update their knowledge of pertinent primary authority namely, case law, statutes, and administrative regulations. In law schools, treatises are sometimes used a ...
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Legal Publication
A law book is a book about law. It is possible to make a distinction between "law books" on the one hand, and "books about law" on the other. This distinction is "useful". A law book is "a work of legal doctrine". It consists of "law talk", that is to say, propositions of law. "The first duty of a law book is to state the law ''as it is'', truly and accurately, and then the reason or principle for it as far as it is known". The "first requisite in a law-book is perfect accuracy". A "law book is supposed to state what the law is rather than what it is not". "One great desideratum in a law book is facility of reference". A "list of law books and related materials" is a legal bibliography. See also * Legal treatise * Law dictionary References Further reading * Lawrence M Friedman and Stewart Macaulay (editors). ''Law and the Behavioural Sciences''. Second Edition. Bobbs-Merill. 1977. Pages 21 to 26. * Twining, William. ''Blackstone's Tower: The English Law School''. The Hamlyn Lec ...
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Regulation
Regulation is the management of complex systems according to a set of rules and trends. In systems theory, these types of rules exist in various fields of biology and society, but the term has slightly different meanings according to context. For example: * in biology, gene regulation and metabolic regulation allow living organisms to adapt to their environment and maintain homeostasis; * in government, typically regulation means stipulations of the delegated legislation which is drafted by subject-matter experts to enforce primary legislation; * in business, industry self-regulation occurs through self-regulatory organizations and trade associations which allow industries to set and enforce rules with less government involvement; and, * in psychology, self-regulation theory is the study of how individuals regulate their thoughts and behaviors to reach goals. Social Regulation in the social, political, psychological, and economic domains can take many forms: legal restriction ...
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Legal Research
Legal research is "the process of identifying and retrieving information necessary to support legal decision-making. In its broadest sense, legal research includes each step of a course of action that begins with an analysis of the facts of a problem and concludes with the application and communication of the results of the investigation." The processes of legal research vary according to the country and the legal system involved. Legal research involves tasks such as: # Finding primary sources of law, or primary authority, in a given jurisdiction ( cases, statutes, regulations, etc.). # Searching secondary authority, for background information about a legal topics. Secondary authorities can come in many forms (for example, law reviews, legal dictionaries, legal treatises, and legal encyclopedias such as American Jurisprudence and Corpus Juris Secundum). # Searching non-legal sources for investigative or supporting information. Legal research is performed by anyone with a need fo ...
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Legal Literature
A law book is a book about law. It is possible to make a distinction between "law books" on the one hand, and "books about law" on the other. This distinction is "useful". A law book is "a work of legal doctrine". It consists of "law talk", that is to say, propositions of law. "The first duty of a law book is to state the law ''as it is'', truly and accurately, and then the reason or principle for it as far as it is known". The "first requisite in a law-book is perfect accuracy". A "law book is supposed to state what the law is rather than what it is not". "One great desideratum in a law book is facility of reference". A "list of law books and related materials" is a legal bibliography. See also * Legal treatise * Law dictionary References Further reading * Lawrence M Friedman and Stewart Macaulay (editors). ''Law and the Behavioural Sciences''. Second Edition. Bobbs-Merill. 1977. Pages 21 to 26. * Twining, William. ''Blackstone's Tower: The English Law School''. The Hamlyn Lec ...
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Natural Law
Natural law ( la, ius naturale, ''lex naturalis'') is a system of law based on a close observation of human nature, and based on values intrinsic to human nature that can be deduced and applied independently of positive law (the express enacted laws of a state or society). According to natural law theory (called jusnaturalism), all people have inherent rights, conferred not by act of legislation but by "God, nature, or reason." Natural law theory can also refer to "theories of ethics, theories of politics, theories of civil law, and theories of religious morality." In the Western tradition, it was anticipated by the pre-Socratics, for example in their search for principles that governed the cosmos and human beings. The concept of natural law was documented in ancient Greek philosophy, including Aristotle, and was referred to in ancient Roman philosophy by Cicero. References to it are also to be found in the Old and New Testaments of the Bible, and were later expou ...
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Treatise
A treatise is a formal and systematic written discourse on some subject, generally longer and treating it in greater depth than an essay, and more concerned with investigating or exposing the principles of the subject and its conclusions."Treatise." Merriam-Webster Online Dictionary. Accessed September 12, 2020. A monograph is a treatise on a specialized topic. Etymology The word 'treatise' first appeared in the fourteenth century as the Medieval English word ''tretis'', which evolved from the Medieval Latin ''tractatus'' and the Latin ''tractare'', meaning to treat or to handle. Historically significant treatises Table The works presented here have been identified as influential by scholars on the development of human civilization. Discussion of select examples Euclid's ''Elements'' Euclid's ''Elements'' has appeared in more editions than any other books except the ''Bible'' and is one of the most important mathematical treatises ever. It has been translated to numer ...
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Law Dictionary
A law dictionary (also known as legal dictionary) is a dictionary that is designed and compiled to give information about terms used in the field of law. Types Distinctions are made among various types of law dictionaries. Differentiating factors include: * Number of languages covered: a monolingual law dictionary covers one language, a bilingual covers two. * Number of fields covered: a single-field dictionary covers an entire field of law, whereas a sub-field dictionary covers a part of a field of law, e.g. a dictionary of contract law. Quality A good bilingual or multilingual law dictionary needs to take the users' expected languages and professional competences into account. The lexicographers therefore must consider the following aspects: dictionary user research, dictionary typology, structure, and presentation of relevant information. When making a law dictionary, the lexicographers attempt to present the information in such a way that the user is not burdened with ex ...
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Treatise On Law
''Treatise on Law'' is Thomas Aquinas' major work of legal philosophy. It forms questions 90–108 of the ''Prima Secundæ'' ("First artof the Second art) of the ''Summa Theologiæ'', Aquinas' masterwork of Scholastic philosophical theology. Along with Aristotelianism, it forms the basis for the legal theory of Catholic canon law. Aquinas' notion of law Aquinas defines a law as "an ordinance of reason for the common good, made by him who has care of the community, and promulgated." Law is an ordinance of reason because it must be reasonableLaw of Christ I, pg. 236 or based in reason and not merely in the will of the legislator. It is for the common good because the end or ''telos'' of law is the good of the community it binds, and not merely the good of the lawmaker or a special interest group. It is made by the proper authority who has "care of the community", and not arbitrarily imposed by outsiders. It is promulgated so that the law can be known. He says: Strictly spe ...
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Hornbook
A hornbook (horn-book) is a single-sided alphabet tablet, which served from medieval times as a primer for study, and sometimes included vowel combinations, numerals or short verse. The hornbook was in common use in England around 1450, but may originate from more than a century earlier.Plimpton, George A"The Hornbook and Its Use in America". ''Proceedings of the American Antiquarian Society'' 26 (1916): 264-72./ref> The term (hornbook) has been applied to different study materials in different fields but owes its origin to children's education, represented by a sheet of vellum or paper displaying the alphabet, religious verse, etc., protected with a translucent covering of horn (or mica) and attached to a frame provided with a handle. History Horn books, battledore books and crisscross books were all tablets designed primarily to teach the alphabet to children laid out as an abecedarium, the elementary method of teaching used from Antiquity to the Middle Ages where letters of ...
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Casebook
A casebook is a type of textbook used primarily by students in law schools.Wayne L. Anderson and Marilyn J. Headrick, The Legal Profession: Is it for you?' (Cincinnati: Thomson Executive Press, 1996), 83. Rather than simply laying out the legal doctrine in a particular area of study, a casebook contains excerpts from legal cases in which the law of that area was applied. It is then up to the student to analyze the language of the case in order to determine what rule was applied and how the court applied it. Casebooks sometimes also contain excerpts from law review articles and legal treatises, historical notes, editorial commentary, and other related materials to provide background for the cases. The teaching style based on casebooks is known as the casebook method and is supposed to instill in law students how to "think like a lawyer." The casebook method is most often used in law schools in countries with common law legal systems, where case law is a major source of law. Most ...
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Law School
A law school (also known as a law centre or college of law) is an institution specializing in legal education, usually involved as part of a process for becoming a lawyer within a given jurisdiction. Law degrees Argentina In Argentina, lawyers-to-be need to obtain an undergraduate degree in law in order to practice the profession, as opposed to the US system in which a law degree is not obtained until successfully completing a postgraduate program. In spite of that, it is customary to call Argentine lawyers 'doctors,' although the vast majority of them do not hold a Juris Doctor degree. The reason lies in that the career was originally called 'Doctorate in Laws' (''Doctorado en Leyes''), which was an undergraduate degree. There were no graduate studies available in the country at the time of its creation, and they would be instituted only in 1949. After the university reform of 1918 the career was renamed ' Attorney'. It is 5–6 years long, some universities also offeri ...
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Statute
A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by legislative bodies; they are distinguished from case law or precedent, which is decided by courts, and regulations issued by government agencies. Publication and organization In virtually all countries, newly enacted statutes are published and distributed so that everyone can look up the statutory law. This can be done in the form of a government gazette which may include other kinds of legal notices released by the government, or in the form of a series of books whose content is limited to legislative acts. In either form, statutes are traditionally published in chronological order based on date of enactment. A universal problem encountered by lawmakers throughout human history is how to organize published statutes. Such publications h ...
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