The Enduring Legacy of Roman Law: Commercial and Legal Principles
The Enduring Legacy of Roman Law
Commercial law, with its various receivables and characteristic abstraction, resembles a modern version of the Roman stipulatio, an abstract method for obtaining obligations without stating the reason. The complex types of joint liability created by the Romans also form the background of these legal instruments.
Similarly, various commercial contracts (commercial sale, transport, and insurance) are built on civil guidelines, therefore, Roman. Even banking operations
Read MoreUnderstanding Labor Law: Rights, Duties, and Principles
Internal Sources: The Constitution is the highest legal authority, superseding all other laws. All rules and laws must be developed from the Constitution. The job content includes fundamental rights, freedoms of citizens, and economic and social principles that guide the policies of governing bodies.
Laws: These originate from the courts and the government:
- Organic Laws: Govern matters relating to the development of fundamental rights and civil liberties.
- Ordinary Laws: All laws passed by the Parliament
Understanding Legal Formalism: Definition, Concepts, and Impact
Understanding Legal Formalism
1. Legal Formalism Defined
Legal formalism is an ambiguous term referring to the idea of certainty and determinacy in law. In effect, it limits the interpreter’s task, reducing their discretion and dictating the right choice for every problem. This certainty is a technique for the jurist’s task. It also refers to the autonomy or purity of law, making it independent of any other substantive or sociological consideration. Legal issues can be resolved with legal standards.
Read MoreUnderstanding Sources of Law, Legislative Process, and Legal Acts
Sources of Law: An Introduction
Sources of law are the origins from which legal rights arise, essentially the means by which rules of law are established. These sources can be categorized as follows:
Historical Sources
Historical sources include documents that provide background for the establishment of a rule of law, such as the sentiments of a nation.
Material Sources
Material sources encompass all societal phenomena that influence the content of legal norms.
Formal Sources
Formal sources refer to the
Read MoreUnderstanding Liberty, Equality, Justice, and Rights
Liberty: Negative and Positive
Negative liberty: the area in which a person can act without being hampered by others. Positive liberty: the life and decisions depend on oneself. The defense of freedom is essential for a person to develop autonomously.
Equality: A Moral and Constitutional Value
Equality: is a moral and constitutional value that must be accepted by all citizens. There are three types of equality: material, legal, organizational, and planning. It is compulsory for citizens and requires
Read MoreGerman Federal Government: Chancellor, Ministries & Judiciary
German Federal Executive & Administration
Chancellor’s Political Role
It should be remembered, however, that the Chancellor’s position of preeminence also entails political obligations beyond constitutional duties. The Chancellor must safeguard the balances required by their position within the party. Therefore, in appointing Ministers and other officials, they must consider proportional distribution among different party wings, the various Länder, pressure groups, genders, religions, and so
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