Legal Justification: Premises, Proof, and Limits
External Justification in Legal Decisions
External justification for a legal decision requires more than just a logical consequence of the premises. It necessitates proving the truth of those premises. Judges do not need to resort to techniques for interpreting the rules for these problems.
Jurisdiction Issues of the Factual Premise:
Problems of Testing and Rating:
- TEST: What warrants a factual premise is its truth, but complications arise in the field of law. There’s no single way to achieve truth,
Understanding Employment Contract Termination: Articles 159-161
Article 159: Termination of Employment Contract
The employment contract will end in the following cases:
- Mutual agreement of the parties.
- Resignation of the employee, giving notice to the employer with at least thirty days’ notice.
- Death of the worker.
- Deadline agreed in the contract.
- Conclusion of the work or service which gave rise to the contract.
- Unforeseeable circumstances or force majeure.
Article 160: Termination Without Compensation
The employment contract ends without the right to compensation when
Read MoreLegal Concepts: Facts, Acts, and the Law Explained
Legal Concepts: Key Definitions
1. Legal Fact: Defined as an occurrence of nature or an event caused by humans, without the intent to cause legal consequences.
2. Legal Act: A voluntary or conscious human action that seeks to immediately establish legal relationships between people, creating, modifying, or extinguishing rights.
3. Difference Between Fact and Act: A legal fact is involuntary, while a legal act is voluntary.
4. Concept of Force Majeure and Fortuitous Event:
- Force Majeure: Events that cannot
Understanding Labor Remuneration and Social Benefits
Remuneration (Articles 103 to 115)
It is considered salary or compensation any financial benefit a subordinate worker receives as consideration for their labor. The consideration is the disposal of the worker to the employer.
Features:
- Inputs: discounts for social security contributions.
- The employer’s party to pay social security.
Taken into account to settle: bonus (paid in June and December), vacation.
To be seized, if they have to pay for holidays, vacation, and sick leave.
Article 103 BIS: Social
Read MoreUnderstanding Representative Democracy, Rights, and the Rule of Law
Representative Democracy: An Overview
In a representative democracy, citizens elect representatives to govern and establish laws. Direct participation procedures, such as referendums and jury duty, also play a role.
Universal Suffrage
Universal suffrage means that all adults have the right to vote, regardless of their profession, sex, or social condition.
Rights and the Law
Right (Goal): A set of principles and rules that govern human relations in society. These should be established as follows:
- Positive
Understanding Domination and Bureaucracy: Weber’s Concepts
The state is a relationship of domination of men over men, based on the means of coercion considered legitimate. For that rule to exist, men must submit to authority.
All domination is expressed and functions as a form of government. Any system of government needs domain. The power of command may have a modest appearance and can be considered a leader of the dominated. Dominance can occur in ways other than direct democracy, which is called democratic because it rests on the assumption that everyone
Read More