Legal Wrongfulness: Conceptions and Sanctions
Item 12: Wrongfulness and Legal Sanctions
Conceptions of Wrongfulness
Classical Conception
The classical conception of wrongfulness considers unlawful conduct as a dependent variable of the concept of “good,” and therefore, illegality is defined as an evil. The law operates as a repressive instrument of crime, attributing a penalty involving punishment or an evil for the guilty subject. However, not all evil actions are to be covered by the law; the law can define its own wrongs that do not necessarily
Read MoreCanadian Law Fundamentals: Key Concepts and Landmark Cases
Canadian Law: Foundations and Key Terms
- Anarchist Law: Rejects all laws as unjust. Example: Refusing to pay taxes.
- Colonial Law: Law as a tool of colonial control. Example: Residential school laws.
- Dialectical Materialism: History shaped by class conflict. Example: Capitalism replacing feudalism.
- Feminist Legal Theory: Law reflects male bias. Example: Reforming domestic violence laws.
- Indigenous Law: Rooted in tradition and land. Example: Healing circles.
- Injustice: Unfairness. Example: Racial profiling.
Essential Legal Contracts and Key Definitions
Understanding Legal Contracts
Core Contractual Concepts
Contract
An agreement between two or more persons creating mutual rights and obligations. Most contracts are consensual, meaning they are formed by the consent of both parties.
Cause of the Contract
The decisive reason that leads the parties to enter into the contract.
Form of Contract
The manner in which parties express their willingness to conclude a contract. Forms can be:
- Express: Has an outward manifestation, expressed verbally (through word)
Judicial Use of Constituent Assembly Debates
Introduction
The Constituent Assembly Debates (CAD) of India, spanning from 1946 to 1950, represent a foundational moment in the creation of the Indian Constitution. These debates, involving figures like B.R. Ambedkar and Jawaharlal Nehru, have become a crucial interpretive resource for courts, scholars, and legislators seeking to understand the intent and philosophy underlying constitutional provisions13. This essay explores the theoretical approaches to statutory interpretation that justify or
Read MoreFoundations of Law: Concepts, Classifications, and Landmark Cases
Characteristics of Legal Language
Legal language is a unique and specialized form of communication used in the legal profession. It has distinct characteristics that set it apart from everyday language. Understanding these characteristics is essential for effective communication in legal contexts.
Key Features
- Formality: Legal language is formal and avoids colloquialisms, slang, and contractions. This formality helps to convey authority, seriousness, and precision.
- Precision: Legal language aims to
Company Law Fundamentals: Formation, Features, and Share Capital
Definition and Features of a Company
Definition of Company
A Company is a voluntary association of individuals, formed to carry on a business and registered under the Companies Act. It is a legal entity separate from its members, having perpetual succession and a common seal.
According to Section 2(20) of the Companies Act, 2013: “A company means a company incorporated under this Act or under any previous company law.”
Features of a Company
- Incorporated Association: A company must be registered under