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Legality Of Assisted Suicide
Legality, in respect of an act, agreement, or contract is the state of being consistent with the law or of being lawful or unlawful in a given jurisdiction, and the construct of power. According to the Merriam-Webster Dictionary, legality is 1 : attachment to or observance of law. 2 : the quality or state of being legal Businessdictionary.com, thelawdictionary.org, and mylawdictionary.org definition explains concept of ''attachment to law'' as ''Implied warranty that an act, agreement, or contract strictly adheres to the statutes of a particular jurisdiction. For example, in insurance contracts it is assumed that all risks covered under the policy are legal ventures.'' The second definition cited by Businessdictionary.com, the ''Legal principle that an accused may not be prosecuted for an act that is not declared a crime in that jurisdiction'' is actually about the Principle of legality which is part of the overall concept of legality. Definitions Vicki Schultz states that we ...
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Joel H
Joel or Yoel is a name meaning "Yahweh Is God" and may refer to: * Joel (given name), origin of the name including a list of people with the first name. * Joel (surname), a surname * Joel (footballer, born 1904), Joel de Oliveira Monteiro, Brazilian football goalkeeper * Joel (footballer, born 1980), Joel Bertoti Padilha, Brazilian football centre-back * Joel (prophet), a prophet of ancient Israel ** Book of Joel, a book in the Jewish Tanakh, and in the Christian Bible, ascribed to the prophet * Joel, Georgia, a community in the United States * Joel, Wisconsin The Town of Clayton is located in Polk County, Wisconsin, Polk County, Wisconsin, United States. The population was 571 at the 2000 census. The Clayton (village), Wisconsin, Village of Clayton and the unincorporated communities of Joel and Richard ...
, a community in the United States {{disambiguation, hn, geo ...
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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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Agent Of Record
An agent of record (AOR) is an individual or a legal entity with a duly executed contractual agreement with an insurance policy owner, in line with the prevailing legal norms and regulations of the region in which the contract was entered. The agent of record has a legal right to receive commissions from the respective insurance policy. The individual or legal entity is authorized to represent an insured party in purchasing, servicing, and maintaining insurance coverage with a designated insurer. The majority of insurance companies will not disclose information or discuss an insured party's account with an agent other than the agent of record. An insured party wishing to change insurance agent(s) must submit a revised agent of record letter to the respective insurer authorizing said insurer to release the insured party's information and to discuss the insured party's coverage with the newly appointed agent. Relevant documents may be executed via hard copy documents or, alternativel ...
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Socialist Legality
Socialist law or Soviet law denotes a general type of legal system which has been (and continues to be) used in socialist and formerly socialist states. It is based on the civil law system, with major modifications and additions from Marxist-Leninist ideology. There is controversy as to whether socialist law ever constituted a separate legal system or not. If so, prior to the end of the Cold War, ''socialist law'' would be ranked among the major legal systems of the world. While civil law systems have traditionally put great pains in defining the notion of private property, how it may be acquired, transferred, or lost, socialist law systems provide for most property to be owned by the Government or by agricultural co-operatives, and having special courts and laws for state enterprises. Many scholars argue that socialist law was not a separate legal classification. Although the command economy approach of the communist states meant that most types of property could not be ow ...
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Nullum Crimen, Nulla Poena Sine Praevia Lege Poenali
''Nulla poena sine lege'' (Latin for "no penalty without law", Anglicized pronunciation: ) is a legal principle which states that one cannot be punished for doing something that is not prohibited by law. This principle is accepted and codified in modern democratic states as a basic requirement of the rule of law. It has been described as "one of the most 'widely held value-judgement in the entire history of human thought. Requirements In modern European criminal law, e.g. of the Constitutional Court of Germany, the principle of ''nulla poena sine lege'' has been found to consist of four separate requirements: ;''Nulla poena sine lege praevia'': There is to be no penalty without ''previous'' law. This prohibits ex post facto laws, and the retroactive application of criminal law. It is a basic maxim in mainland European legal thinking. It was written by Paul Johann Anselm Ritter von Feuerbach as part of the Bavarian Criminal Code in 1813. ;''Nulla poena sine lege scripta'': There i ...
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Sources Of Law
Sources of law are the origins of laws, the binding rules that enable any state to govern its territory. The term "source of law" may sometimes refer to the sovereign or to the seat of power from which the law derives its validity. Jurisprudence The perceived authenticity of a source of law may rely on a choice of jurisprudence analysis. Tyrants such as Kim Jong-un may wield ''De facto'' power, Austin's "command theory of law" asserts that to be effective, law must have a sovereign and a sanction to back it up. but critics would say he does not exercise power from a ''de jure'' (or legitimate) source. After WWII it was not a valid defence at Nuremberg to say "I was only obeying orders", and the victors hanged Nazis for breaching " universal and eternal standards of right and wrong". Over decades and centuries, principles of law have been derived from customs. The divine right of kings, natural and legal rights, human rights, civil rights, and common law are early unwritten s ...
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Principle Of Legality In French Criminal Law
The principle of legality in French criminal law holds that no one may be convicted of a criminal offense unless a previously published legal text sets out in clear and precise wording out the constituent elements of the offense and the penalty which applies to it. (Latin:, in other words, "no crime, no penalty, without a law"). The principle of legality (french: link=no, principe de légalité) is one of the most fundamental principles of French criminal law, and goes back to the Penal Code of 1791 adopted during the French Revolution, and before that, was developed by Italian criminologist Cesare Beccaria and by Montesquieu. The principle has its origins in the 1789 Declaration of the Rights of Man and of the Citizen, which endows it with constitutional force and limits the conditions in which citizens may be punished for infractions. History The principle of legality of punishment and crime was identified and conceptualized in the Enlightenment. It is generally attribu ...
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Legal Positivism
Legal positivism (as understood in the Anglosphere) is a school of thought of analytical jurisprudence developed largely by legal philosophers during the 18th and 19th centuries, such as Jeremy Bentham and John Austin. While Bentham and Austin developed legal positivist theory, empiricism provided the theoretical basis for such developments to occur. The most prominent legal positivist writer in English has been H. L. A. Hart, who, in 1958, found common usages of "positivism" as applied to law to include the contentions that: * laws are commands of human beings; * there is not any necessary relation between law and morality, that is, between law as it is and as it ought to be; * analysis (or study of the meaning) of legal concepts is worthwhile and is to be distinguished from history or sociology of law, as well as from criticism or appraisal of law, for example with regard to its moral value or to its social aims or functions; * a legal system is a closed, logical system in which ...
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Analytical Jurisprudence
Analytical jurisprudence is a philosophical approach to law that draws on the resources of modern analytical philosophy to try to understand its nature. Since the boundaries of analytical philosophy are somewhat vague, it is difficult to say how far it extends. H. L. A. Hart was probably the most influential writer in the modern school of analytical jurisprudence,Bodenheimer, EdgarModern Analytical Jurisprudence and the Limits of Its Usefulness University of Pennsylvania Law Review though its history goes back at least to Jeremy Bentham. Analytical jurisprudence is not to be mistaken for legal formalism (the idea that legal reasoning is or can be modelled as a mechanical, algorithmic process). Indeed, it was the analytical jurists who first pointed out that legal formalism is fundamentally mistaken as a theory of law. Analytic, or 'clarificatory' jurisprudence uses a neutral point of view and descriptive language when referring to the aspects of legal systems. This was a philosop ...
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Gabriel Hallevy
Gabriel Hallevy (born 1973) is full professor of criminal law at the Faculty of Law, Ono Academic College, the largest faculty of law in Israel. He earned his LL.B. ''magna cum laude'' from Tel-Aviv University, and was on the Dean's List. He earned his LL.M. ''magna cum laude'' from Tel-Aviv University, and his Ph.D. ''summa cum laude'' from the University of Haifa. After obtaining his Ph.D. degree, he was promoted to Senior Lecturer (2008), to associate professor (2011) and to full professor (2013), and thus became the youngest law professor in Israel ever. At that year he was chosen as one of the 40 most promising Israelis under the age of 40 ("Top 40 Under 40") by the Israeli leading economic magazine in Israel, "Globes". The Knesset, the Israeli Parliament, granted him a special honorary prize for the research in criminal law. Professor Hallevy's articles and books on artificial intelligence and criminal law are well-known, and have been translated into a few languages, includin ...
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National Interest
The national interest is a sovereign state's goals and ambitions (economic, military, cultural, or otherwise), taken to be the aim of government. Etymology The Italian phrase ''ragione degli stati'' was first used by Giovanni della Casa around the year 1547. The expression "reason of state" (''Ragion di Stato'') was championed by Italian diplomat and political thinker Niccolò Machiavelli, and was later popularised by Italian political thinker Giovanni Botero around 1580s,. Prominently, Chief Minister Cardinal Richelieu justified France's intervention on the Protestant side, despite its own Catholicism, in the Thirty Years' War as being in the national interest in order to block the increasing power of the Catholic Holy Roman Emperor. At Richelieu's prompting, Jean de Silhon defended the concept of ''raison d'État'' as "a mean between what conscience permits and affairs require."Thuau, E. 1996. ''Raison d'État et Pensée Politique a l'époque de Richelieu.'' Paris: Armand Co ...
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Territorial Principle
The territorial principle (also territoriality principle) is a principle of public international law which enables a sovereign state to exercise exclusive jurisdiction over individuals and other legal persons within its territory. It includes both the right to prosecute individuals for criminal offences committed within its borders, as well as the right to arrest and apprehend individuals within its territory. Its corollary bars states from exercising jurisdiction within the territory of other states without their express consent, unless such an exercise can be based on other principles of jurisdiction, such as the principle of nationality, the passive personality principle, the protective principle, and possibly, the principle of universal jurisdiction. The ''Lotus'' case was a key court ruling on the territoriality principle. In 1926, a French vessel collided with a Turkish vessel, causing the death of several Turkish nationals. The Permanent Court of International Justice rul ...
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