Understanding Legal Realism: Concepts and Applications
Legal Realism
Legal Realism is a school of thought that emerged not only in the U.S. but also in Europe, mainly Scandinavia, where Ross was its most representative figure.
American Realism is a reaction to what was considered excessive formalism and positivism—a critical realism that viewed law as a complete and consistent system of rules, where the judge’s role was a socially neutral judicial function.
This criticism mainly stems from the fact that American lawyers lacked large, codified bodies
Read MoreEmployment Contracts: Rights, Obligations, and Regulations
Employment Contracts
The employment contract manifests the will of the parties, worker and employer. It can be defined as the agreement between them by which the worker agrees to provide services under the direction of the employer. Workers are individuals who voluntarily carry out their work under the guidance of manager-entrepreneurs. Employers can be physical or legal persons; natural persons and individual entrepreneurs are legal societies in their various classes: civil, commercial, and foundations.
Read MoreUnderstanding Civil Appeals and Review Appeals in Court
Understanding Civil Appeals and Review Appeals
Appeal
Every decision made by the Tribunal (T) in the first instance can be appealed. An appeal results in a higher authority reviewing the original decision. This process is known as devolution.
Jurisdiction
The appeal is handled by a court different and higher than the one that made the original decision. For example, decisions of the Courts of Peace are reviewed by the Provincial Courts, and decisions of the Courts of First Instance are reviewed by the
Read MoreUnderstanding Theft and Fraud: Legal Definitions and Penalties
Theft: Legal Definition and Penalties
Article 234 defines theft as taking items, such as furniture, without the owner’s consent and with the intention of financial gain. The legal benefit is the owner’s right to their property.
Penalty: 6-18 months imprisonment if the value of the stolen items exceeds 300.
Key Elements of Theft
- Seizure of Movable Property: In cases with multiple owners, it would be considered misappropriation.
- Without the Owner’s Consent: The act must occur without the owner’s permission.
John Locke’s Political Theory: Constitutional Monarchy & Liberal State
John Locke’s Political Theory
Locke had a great influence on political theory, upholding the principles of constitutional monarchy against any type of absolute monarchical power. The state model he proposed is derived from a liberal state, where state intervention is minimal and where the source of political power is the people. He even recognized the right to revolt if the elected politicians cease to represent them.
Locke refuted Filmer’s absolutist doctrine and the theory of the divine right of
Read MorePrinciples of Political Regimes and Rule of Law
Principles of Political Regimes
Principles:
- Popular sovereignty (Rousseau)
- National sovereignty
- Representative democracy
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Democratic: when resting on the values of freedom, equality, and justice. + 8 + Technical principles of a certain public character: also the major policy decisions, recognition of an opposition.
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