DR. RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY‚ LUCKNOW B.A. LL.B. (HONS.) IX SEMESTER SUBJECT: Law And Morality Seminar Paper TOPIC: Hart Fuller Debate (Tussle Between Law and Moral Values) UNDER THE GUIDENCE OF: SUBMITTED BY: Dr. A P Singh ANKIT KR MISHRA Professor
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question is whether Micky has a contract with Ureach Mobile Co. Section 11 of Contracts Act 1950 provides who are competent to contract‚ that is those who are of the age of majority according to the law to which she is subject‚ have sound mind‚ and not disqualified from contracting by any law to which he is subject (KrishnanL‚ RajooL‚ & VergisA.C‚2009). On the other hand‚ the Age of Majority Act 1971 states that the age of majority is 18 years and above‚ and anyone below that age would be regarded
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(the law of the place of conclusion of the marriage). This rule is founded firmly in Roman-Dutch law and entrenched in South African case law. ( Exception: S 10 of the Marriage Act 25 of 1961 makes provision for South African diplomatic and consular officers to solemnise marriages between South Africans in the countries in which they are stationed. Such embassy marriages are deemed to have been concluded in South Africa and their formal validity is thus governed by South African law (as the
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Customary International Law in the 21st Century: Old Challenges and New Debates 1. Roozbeh (Rudy) B. Baker* 1. *Adjunct Professor of Law‚ Pepperdine University‚ Malibu‚ Cal. BA‚ University of California at San Diego; JD‚ University of Illinois; LLM‚ University of California at Berkeley; PhD Candidate (Politics and International Relations)‚ University of Southern California. Email:Rudy.Baker{at}yahoo.com. Next Section Abstract This article will survey the new non-traditional scholarship which
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The vague‚ subjective‚ and indeterminate nature of Canadian obscenity law has been called “the most muddled law in Canada.” Recognizing that consistency and objectivity are important aspects in the running of any successful legal system‚ the Supreme Court of Canada has attempted to systematically clarify and modernize obscenity law. The ruling in R. v. Butler marked the transformation of the law of obscenity from a "moral-based" offence to a "harm-based" offence. The courts are now asked to determine
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“Law is invariably constructed as a response to conflict or‚ specifically‚ to a given social problem; it is a mechanism that attempts to control certain kinds of activities or behaviours” (Boyd‚ 2007‚ p.45). Every citizen in our society is affected by the law in one shape or the other. As such‚ this paper will examine that as students and analysts of law’s evolution we should accept both natural law and positivism. Consequently‚ this essay will gauge the strengths and weaknesses of this claim. Indeed
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have studied and suggested what factors drive growth. Due to the important role played by the law in the finance sector‚ economist and policy makers argued that the legal system can have a major influence on a country’s economic prosperity. This leads us to the main topic of this research essay. The aim of this essay is to compare the strengths and weaknesses of the common law system with the civil law system with reference to economic prosperity. The first section will explain the connection between
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1. How do you distinguish between an offer and an invitation to treat? The word ‘proposal’ bears the same meaning as ‘offer’ in English law. Offer is an agreement between two or more parties is constituted by a proposal and an acceptance of it. An offer is made ‘when one person signifies to another his willingness to do or to abstain from doing anything‚ with a view to obtaining the assent of that other to such act or abstinence’. For instance‚ thus A‚ by offering to buy B’s car for $10‚000
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Fordham Law Review Volume 75 | Issue 3 Article 24 2006 Are Constitutional Norms Legal Norms? Jeremy Waldron Recommended Citation Jeremy Waldron‚ Are Constitutional Norms Legal Norms?‚ 75 Fordham L. Rev. 1697 (2006). Available at: http://ir.lawnet.fordham.edu/flr/vol75/iss3/24 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Law Review by an authorized administrator of
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Natural Law VS. Positive Law Laws are rules established by a governing authority to organize and maintain orderly existence. It can generally be divided into two principles: Natural law‚ which is based on the divine‚ and Positive law which states that laws are what the lawmakers command. Throughout history many philosophers have come to be linked to either branch of law. Philosophers such as Aristotle advocated Natural law‚ while others‚ such as Thomas Hobbes‚ supported Positive law. Each
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