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Tag: What is context in legal terms

what is law in context

what is law in context插图

Law in Context is aleading Australian journal for the contextual study of law and society. The journal is edited from the La Trobe Law School in Melbourne, Australia. For more than 30 years, Law in Context has published important scholarly work exploring the context and operation of law in Australia and internationally.

What is the law in Context series?

Since 1970, the Law in Context series has been at the forefront of a movement to broaden the study of law. The series is a vehicle for the publication of innovative monographs and texts that treat law and legal phenomena critically in their cultural, social, political, technological, environmental and economic contexts.

What are the concepts of law?

The Concepts of Law. Concepts are the building blocks of legal doctrine. All legal rules and standards, in fact, are formed by combining concepts in different ways. But despite their centrality, legal concepts are not well understood. There is no agreement as to what makes a legal concept useful or ineffective—worth keeping or in need of revision.

What is context in legal terms?

Context. The language that precedes and follows a series of words, such as a particular sentence or clause. The context of a legal document is often scrutinized to shed light upon the intent of an ambiguous or obscure sentence or clause so that it may be interpreted as its drafter intended. West’s Encyclopedia of American Law, edition 2.

What do you mean by international law?

International law is usually defined as the legal rules, norms, and customs governing the relationship of autonomous states and associations of states. It is different than the law applicable in the various nation states, i.e., internal or domestic law. States are the subjects of international law; individuals, of domestic law.

What are the properties of law?

Properties of Law is a legal-theoretical analysis about modern state law; about sociality, normativity and plurality as its properties, and what will come after modern state law. The main objective of this study is to offer a legal theoretical recapitulation of modern state law that avoids the fallacies of Legal Positivism. This calls for a relationist approach where law’s sociality is related to normativity, and normativity to sociality. Avoiding Legal Positivism’s fallacies also includes refraining from extrapolating from modern state law to law in general; replacing Legal Positivism’s conceptual universalism with sensitivity to the varieties of law, and acknowledging that law existed before modern state law, that it will exist after modern state law, and that other law exists alongside modern state law. The book concludes with a discussion of the impact of digitalization on law.

What is law administration?

Law and Administration takes a contextual approach to administrative law, setting law and legal rules in the context of the social, political and economic forces that shape the law, and of the complex constitutional framework in which contemporary administrative law operates.

What is contextual approach?

A contextual approach involves treating legal subjects broadly, using materials from other humanities and social sciences, and from any other discipline that helps to explain the operation in practice of the particular legal field or legal phenomena under investigation.

What is the law in context?

A contextual approach involves treating legal subjects broadly , using materials from other humanities and social sciences, and from any other discipline that helps to explain the operation in practice of the particular legal field or legal phenomena under investigation. It is intended that this orientation is at once more stimulating and more revealing than the bare exposition of legal rules. The series includes original research monographs, coursebooks and textbooks that foreground contextual approaches and methods. The series includes and welcomes books on the study of law in all its contexts, including domestic legal systems, European and international law, transnational and global legal processes, and comparative law.

What is international investment law?

International investment law and arbitration is its own ‘galaxy’, made up of thousands of treaties to be read in relation to hundreds of awards. It is also diverse, as treaty and arbitration practices display nuances and differences on a number of issues.

What is cultural heritage?

Cultural heritage is a feature of transitioning societies, from museums commemorating the end of a dictatorship to adding places like the Auschwitz-Birkenau concentration camp to the World Heritage List. These processes are governed by specific laws, and yet transitional justice discourses tend to ignore law’s role, assuming that memory in transition emerges organically. This book debunks this assumption, showing how cultural heritage law is integral to what memory and cultural identity is possible in transition. Lixinski attempts to reengage with the original promise of transitional justice: to pragmatically advance societies towards a future where atrocities will no longer happen. The promise in the UNESCO Constitution of lasting peace through cultural understanding is possible through focusing on the intersection of cultural heritage law and transitional justice, as Lixinski shows in this ground-breaking book.

What is jurisdictional exceptionalism?

Jurisdictional Exceptionalisms examines the legal issues associated with a parent’s forced removal of their children to reside in another country following relationship dissolution or divorce. Through an analysis of Public and Private International Laws, and Islamic law – historical and as implemented in contemporary Muslim Family Law States – the authors uncover distinct legal lexicons that centre children’s interests in premodern Islamic legal doctrines, modern State practice, and multilateral conventions on children. While legal advocates and policy makers pursue global solutions to parental child abduction, this volume identifies fundamental obstacles, including the absence of shared understandings of jurisdiction. By examining the relevant law and practice, the study exposes the polarised politics embedded in the technical legal rules on jurisdiction. Presenting a new, innovative method in comparative legal history, the book examines the beliefs, values, histories, doctrines, institutions and practices of legal systems presumed to be in conflict with one another.

How does social science inform the law?

In this Essay, we argue that social science can inform an internal view of law by improving the formation and linkage of legal concepts. The social science literature on conceptualization and measurement is vast, particularly in political science, psychology, and sociology. 5 Yet its insights have been largely ignored by lawyers, notwithstanding some similarities to the architecture of legal thought. Law, after all, involves language organized into concepts, structured in a way that lawyers can deploy them. Concepts are the very bread and butter of daily life, and, of course, of law as well. Negligence, a taking, promissory estoppel, strict scrutiny—each of these is a formulation that involves a particular conceptual structure and helps to shape the way lawyers approach legal problems. Our argument is that examining legal doctrines with the same rigorous scrutiny that social scientists apply to their own efforts can yield insights into what is a useful legal concept or relationship. And we further suggest this will advance efforts at refinement within the law. We deploy several examples from constitutional law to illustrate our claim, but the implications are more general.

What are legal concepts?

Concepts are the building blocks of legal doctrine. All legal rules and standards, in fact, are formed by combining concepts in different ways. But despite their centrality, legal concepts are not well understood. There is no agreement as to what makes a legal concept useful or ineffective—worth keeping or in need of revision. Social scientists, however, have developed a set of criteria for successful concepts. Of these, the most important is measurability: the ability, at least in principle, to assess a concept with data. In this Essay, we apply the social scientific criteria to a number of concepts and conceptual relationships in American constitutional law. We show that this field includes both poor and effective concepts and conceptual links. We also explain how the examples of poor concepts could be improved.

What is the difference between internal and external law?

1 The so-called external view of law, in which law is conceived of as being essentially predictions about what courts will do, dates back at least to Justice Oliver Wendell Holmes and arguably to John Austin or Montesquieu. 2 The internal view is that adopted by participants within the legal system, be they judges, litigants, or lawyers, and includes all the normative and doctrinal considerations that inform legal decisions.

Is legal scholarship empirical or external?

Legal scholarship has moved in an overtly empirical direction in recent years, and, arguably, there has been some improvement in our external understanding of legal phenomena. 3 The technology for making Holmesian predictions has improved dramatically, largely because of developments in the social sciences. Consequently, the external view has made great strides in many areas of legal scholarship, and some critics argue that it has eroded attention to the internal view. 4 Yet the two are also closely linked.

Who wrote the concept of law 86-88?

1. H.L.A. Hart, The Concept of Law 86–88 (Clarendon 1961) (distinguishing the internal and external points of view). See also generally Scott J. Shapiro, What Is the Internal Point of View?, 75

What is architectural support?

The proper architectural support is an indispensible foundation for the gathering, modelling, storing, and distributing of context data.

What is context management?

The context management consists on the context modeling, capture and reasoning.

What is the meaning of context in legal documents?

The context of a legal document is often scrutinized to shed light upon the intent of an ambiguous or obscure sentence or clause so that it may be interpreted as its drafter intended. West’s Encyclopedia of American Law, edition 2.

What is the original acquisition?

The original acquisition is the process of obtaining various types of context information (or data) directly from a variety of context information sources (such as sensors, RFID readers, and cameras).

Who wrote the law dictionary?

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.

What are the legal issues?

Related Legal Terms and Issues 1 Binding – Having power to bind or oblige; imposing an obligation. 2 Business Entity – An organization established and existing apart from any other interest, business or personal. 3 Civil Lawsuit – A lawsuit brought about in court when one person claims to have suffered a loss due to the actions of another person. 4 Civil Liability – A lawsuit brought about in court when one person claims to have suffered a loss due to the actions of another person. 5 Contract – An agreement between two or more parties in which a promise is made to do or provide something in return for a valuable benefit. 6 Jurisdiction – The legal authority to hear legal cases and make judgments; the geographical region of authority to enforce justice. 7 Legally Binding – An agreement that is written and enforceable by law.

How did McGee repair Hawkins’ hand?

McGee repaired the hand by grafting skin from the patient’s chest to replace the horribly scarred area. The surgery was not successful, and Hawkins’ hand began growing a thick mat of hair. Hawkins filed a civil lawsuit against the doctor for breach of contract based on his failure to perform as he promised.

What is an anticipatory breach?

Anticipatory breach occurs when one party informs the other party of his unwillingness, or inability, to perform under the contract ahead of time. In such a case, the party that will be harmed by the breach does not have to wait until all other terms, or a required date, has come and gone before taking legal action.

What is the breach of Happy Housekeepers?

Happy Housekeepers has committed an anticipatory breach, letting Mary know in advance that it will not be performing its duties as agreed. There are several actions Mary can take, all of which may take anywhere from a few days, to months, to wrap up. The major problem from Mary’s point of view is that she must turn the clean apartment over to the landlord no later than Friday, or she will incur another month’s rent.

What happens if Mary is unable to get another service?

If Mary is unable to get another service to handle the job on time, Happy Housekeepers may be held liable, not only to return Mary’s $300 payment, but for the extra month’s rent incurred because of the company’s breach of contract.

What is an actual breach?

An actual breach occurs when one party to the agreement fails or refuses to honor his part of, or complete his duties under, the contract.

What is the law that requires certain elements of a legally binding contract to be met in order for the agreement to be?

Contract law requires certain elements of a legally binding contract to be met in order for the agreement to be enforceable. Regardless of the type of contract, if any of these four elements is not met, the contract may not be enforceable:

What is provision in a document?

To "provide for" is defined as to make plans in order to deal with a possible event in the future, or in a formal context like a law or agreement, to allow something to happen or exist.

Why is apparent vagueness confusing?

The confusion about apparent vagueness, because the definition seems to apply to conflicting conditions, may come from looking too closely for a precise literal legal definition. The explanation of the dichotomy may be more obvious stepping back and looking at a more generic definition.

What is section 8?

a statement in a contract or a law that a specific thing must not happen or be done. The document I’m looking at have some sections, and some of the sections are talking about formal sections. For example, section 8 of the document says. 8. (1)

How many reputations do you need to answer a highly active question?

Highly active question. Earn 10 reputation (not counting the association bonus) in order to answer this question. The reputation requirement helps protect this question from spam and non-answer activity.

What does "not done" mean?

It’s both. The definition you found could be amended to. a statement in a contract or a law that a specific thing must happen or be done , or not happen or not be done. A statement within an agreement or a law that a particular thing must happen or be done, especially before another can happen or be done.

What is the useful meaning of "provisions"?

So for a task to identify all "provisions" applicable to a case, the useful meaning would be all sections of the document that are relevant to the case.

What does "before" mean in law?

A statement within an agreement or a law that a particular thing must happen or be done, especially before another can happen or be done.