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Organized Pseudolegal Commercial Arguments
Pseudolaw consists of statements, beliefs, or practices that are claimed to be based on accepted law or legal doctrine, but which deviate significantly from most conventional understandings of law and jurisprudence, or which originate from non-existent statutes or legal principles the advocate or adherent incorrectly believes exist. Canadian legal scholar Donald J. Netolitzky defined pseudolaw as "a collection of legal-sounding but false rules that purport to be law", a definition that distinguishes pseudolaw from arguments that fail to conform to existing laws such as novel arguments or an ignorance of precedent in case law. Pseudolegal arguments are sometimes referred to as "legalistic gibberish". Netolitzky has compared pseudolaw to "a form of legal quackery or snake oil"; lawyer Colin McRoberts has called it "law in a Post-Truth Era". The term Organized Pseudolegal Commercial Arguments (OPCA) was coined in a 2012 Canadian court decision to reference pseudolegal tactics and ar ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Doctrine
A legal doctrine is a framework, set of rules, Procedural law, procedural steps, or Test (law), test, often established through precedent in the common law, through which judgments can be determined in a given legal case. A doctrine comes about when a judge makes a ruling where a process is outlined and applied, and allows for it to be Case law, equally applied to like cases. When enough judges make use of the process, it may become established as the ''de facto'' method of deciding like situations. Examples Examples of legal doctrines include: See also * Constitutionalism * Constitutional economics * Concept * Rule according to higher law * Legal fiction * Legal precedent * ''Ex aequo et bono'' References External links * *Pierre Schlag and Amy J. Griffin, "How to do Things with Legal Doctrine" (University of Chicago Press 2020) * Emerson H. Tiller and Frank B. Cross,What is Legal Doctrine? " ''Northwestern University Law Review'', Vol. 100:1, 2006. Legal doctrines ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
