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Legality
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. Merriam-Webster defines legality as "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." Definitions Vicki Schultz states that we collectively have a shared knowledge about most concepts. How we interpret the reality of our actual understanding of a concept manifests itself through the different individual narratives that we tell about the origins and meanings of a particular concept. The difference in narratives, about ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jurisdiction
Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. Jurisdiction draws its substance from international law, conflict of laws, constitutional law, and the powers of the executive and legislative branches of government to allocate resources to best serve the needs of society. International dimension Generally, international laws and treaties provide agreements which nations agree to be bound to. Such agreements are not always established or maintained. The exercise of extraterritorial jurisdiction by three principles outlined in the UN charter. These are equality of states, territorial sovereignty and non-intervention. This raises the question of when can many states prescribe or enforce jurisdiction. The ''Lotus'' case establishes two key rules to the prescription and enforcement of jurisdi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Genocide
Genocide is the intentional destruction of a people—usually defined as an ethnic, national, racial, or religious group—in whole or in part. Raphael Lemkin coined the term in 1944, combining the Greek word (, "race, people") with the Latin suffix ("act of killing").. In 1948, the United Nations Genocide Convention defined genocide as any of five "acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group." These five acts were: killing members of the group, causing them serious bodily or mental harm, imposing living conditions intended to destroy the group, preventing births, and forcibly transferring children out of the group. Victims are targeted because of their real or perceived membership of a group, not randomly. The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displac ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Law
Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law is established by statute, which is to say that the laws are enacted by a legislature. Criminal law includes the punishment and rehabilitation of people who violate such laws. Criminal law varies according to jurisdiction, and differs from civil law, where emphasis is more on dispute resolution and victim compensation, rather than on punishment or rehabilitation. Criminal procedure is a formalized official activity that authenticates the fact of commission of a crime and authorizes punitive or rehabilitative treatment of the offender. History The first civilizations generally did not distinguish between civil law and criminal law. The first written codes of law were designed by the Sumerians. Around 2100–2050 BC Ur-Nammu, the N ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Adolf Eichmann
Otto Adolf Eichmann ( , ''''. ; 19 March 1906 – 1 June 1962) was a German-Austrian SS-'''' and one of the major organisers of – the so-called " |
Nuremberg Trials
The Nuremberg trials were held by the Allies of World War II, Allies against representatives of the defeated Nazi Germany, for plotting and carrying out invasions of other countries, and other crimes, in World War II. Between 1939 and 1945, Nazi Germany invaded many countries across Europe, inflicting 27 million deaths in the Soviet Union alone. Proposals for how to punish the defeated Nazi leaders ranged from a show trial (the Soviet Union) to summary executions (the United Kingdom). In mid-1945, France, the Soviet Union, the United Kingdom, and the United States agreed to convene a joint tribunal in Nuremberg, with the Nuremberg Charter as its legal instrument. Between 20 November 1945 and 1 October 1946, the International Military Tribunal (IMT) tried 21 of the most important surviving leaders of Nazi Germany in the political, military, and economic spheres, as well as six German organizations. The purpose of the trial was not just to convict the defendants but also to as ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
