McCoubrey and White said that the question “what is law?” has no simple answer. Glanville Williams said that the meaning of the word “law” depends on the context in which that word is used. He said that, for example, “early customary law” and “municipal law” were contexts where the word “law” had two different and irreconcilable meanings. Thurman Arnold said that it is obvious that it is impossible to define the word “law” and that it is also equally obvious that the struggle to define that word should not ever be abandoned. It is possible to take the view that there is no need to define the word “law” (e.g. “let’s forget about generalities and get down to cases”).
- In post-modern theory, civil society is necessarily a source of law, by being the basis from which people form opinions and lobby for what they believe law should be.
- Become the global business lawyer of the future in this ambitious, six-month program.
- While laws are positive “is” statements (e.g. the fine for reversing on a highway is €500); law tells us what we “should” do.
- Suffolk Law Alumni Magazine asks alumni and faculty what lessons they have learned after some challenging years.
- This is especially the case for pension funds, the most important form of trust, where investors are trustees for people’s savings until retirement.
However, the system became overly systematised—overly rigid and inflexible. As a result, as time went on, increasing numbers of citizens petitioned the King to override the common law, and on the King’s behalf the Lord Chancellor gave judgment to do what was equitable in a case. From the time of Sir Thomas More, the first lawyer to be appointed as Lord Chancellor, a systematic body of equity grew up alongside the rigid common law, and developed its own Court of Chancery. At first, equity was often criticised as erratic, that it varied according to the length of the Chancellor’s foot.
Real property, sometimes called ‘real estate’, refers to ownership of land and things attached to it. Personal property, refers to everything else; movable objects, such as computers, cars, jewelry or intangible rights, such as stocks and shares. A right in rem is a right to a specific piece of property, contrasting to a right in personam which allows compensation for a loss, but not a particular thing back.
September 21, 2022 • The committee asked to interview Thomas on her communications with a lawyer pushing for then-Vice President Pence to block the count of the 2020 election results. September 23, 2022 • The judge lifted a decades-old injunction that has long blocked enforcement of the law on the books since before Arizona became a state that bans nearly all abortions. September 26, 2022 • The Supreme Court could overturn the landmark 1973 Roe v. Wade decision, a move that would effectively end federal protection for abortion rights. September 30, 2022 • Former eBay Inc. executives were sentenced Thursday to prison for a scheme to terrorize the creators of an online newsletter that included sending live spiders, cockroaches, a funeral wreath. Career advice We offer advice and support on becoming a solicitor and career development for solicitors. Events Our events bring you expert speakers, the latest information and insights and networking opportunities.
Faculty and Scholarship
What’s At Stake In Court Split Over Foreign Bribery Charges Texas and Florida federal courts recently reached opposite conclusions on the extraterritorial application of U.S. money laundering … Law Firm Inclusion Efforts Often Overlook Business Staff Law firms committed to a culture of universal inclusion can take steps to foster a sense of belonging in their business services tea… A Florida federal judge on Thursday partially rejected a plan by a court-appointed special master regarding docu… Professor Emeritus and law and society expert Malcolm Feeley will receive this year’s Lifetime Achievement Award from the American Political Science Association’s Law & Courts Section. A longtime prominent faculty member in Berkeley Law’s Jurisprudence and Social Policy Program, Feeley follows recent colleagues Martin Shapiro and Robert Kagan in winning the same award.
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Civil law jurisdictions treat contracts differently in a number of respects, with a more interventionist role for the state in both the formation and enforcement of contracts. In France, an ordinary contract is said to form simply on the basis of a “meeting of the minds” or a “concurrence of wills”. Their ‘abstraction principle’ means that the personal obligation of contract forms separately from the title of property being conferred. When contracts are invalidated for some reason (e.g. a car buyer is so drunk that he lacks legal capacity to contract) the contractual obligation to pay can be invalidated separately from the proprietary title of the car. Unjust enrichment law, rather than contract law, is then used to restore title to the rightful owner.
Modern competition law derives from the U.S. anti-cartel and anti-monopoly statutes of the turn of the 20th century. It is used to control businesses who attempt to use their economic influence to distort market prices at the expense of consumer welfare. Admiralty law and the sea law lay a basic framework for free trade and commerce across the world’s oceans and seas, where outside of a country’s zone of control.