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Law and administration

Law and administration: summaries, study assistance, study abroad, internships and work experience

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What is law and administration?

  • What is law?
    •   Law as a field of study, delves into the systems of rules and principles that govern human conduct within a society. It encompasses the creation, interpretation, and enforcement of these rules to establish order, protect rights, and achieve justice.
  • What is administration?
    • Administration, as a field of study, focuses on the principles, practices, and skills needed to effectively manage and organize people, resources, and processes to achieve organizational goals. It's about ensuring smooth operations, efficient resource allocation, and meeting the needs of stakeholders
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Summaries for law and administration

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Summaries: the best textbooks for international law summarized

Summaries: the best textbooks for international law summarized

Summaries with the best textbooks for international law

Summary of International Law by Shaw: 7th edition
Summaries per chapter with the 2nd edition of International Law by Henriksen
Summary of Handbook of International Law by Aust
Summary of International Institutional Law by Klabbers: 2nd edition
Summary with International Business Law: Custom Edition Groningen University
Summary: Law of Public International Organizations
Summary with European Union Law - Barnard & Peers - 2nd edition
Summary with the 1st edition of Comparative Law by Siems
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Summaries: legendary standard works, literature and manuals about law and administration

Summaries: legendary standard works, literature and manuals about law and administration

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An Introduction to International Criminal Law and Procedure

An Introduction to International Criminal Law and Procedure

International Criminal Law and Procedure by Cryer e.a.

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Part A: Introduction

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Chapter 1: Aspects of international criminal law

Introduction

Public international law primarily regulates interactions between States. However, international criminal law is mainly concerned with the conduct of individual persons. If persons violate international laws, that imposes the obligation on States to penalise such actions. International criminal law has been rapidly developing following the Second World War. This means that the broader field of international law is increasingly focusing on protecting humans rather than only the interests and obligations of States. An exception to this is that the crime of aggression can only be committed by (high-ranking) State officials. The project of international criminal law is quite recent.. Especially the Tribunals for the former Yugoslavia and Rwanda established in the 1990s have been important for its case law. International criminal courts and tribunals courts do not possess universal jurisdiction. Their rules are not always homogeneous or consistent. This can be explained partially by the fact that international criminal rules derive from a variety of sources. War crimes, for example, have developed from international humanitarian law. Genocide and crimes against humanity have evolved together with international human rights standards. War crimes, genocide, crimes against humanity and the crime of aggression constitute the most important crimes on which international law focuses. These are also the crimes to which the jurisdiction of the International Criminal Court is limited......read more

Summary of International Criminal Law and Procedure by Cryer
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Summary with the 1st edition of Comparative Law by Siems

Summary with the 1st edition of Comparative Law by Siems

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Why is there a need to compare laws? - Chapter 1

Most lawyers are completely trained in the law of their own jurisdiction. When they leave the borders of their own country, they can feel lost. Comparative law aims to address this problem. But where do you have to start? And which method should you apply?

1. Why compare laws?

How to get into comparative-law thinking

Becoming interested in comparative law happens most of the time quite naturally. Assume that a lawyer from country A is dealing with a tricky problem and someone suggests that it can help to look at the neighbouring country B. The lawyer finds a similar rule in country B and starts wondering why it’s slightly different. This is how the lawyer will slide into comparative law, he will start to do research at the background of the domestic and foreign legal rules and might even look at country C.

Purposes of comparative law

Comparative lawyers often use different classifications when they discuss the objectives of comparative law. Three categories can be distinguished:

  • knowledge and understanding: knowledge of foreign laws is valuable where these laws are relevant for the domestic legal system. Knowledge of foreign laws can make lawyers of students reflect on their own laws. Next to that, comparative law broadens the understanding of how legal rules work in context.

  • use of comparative law at the domestic level: foreign law can be an important aid to the legislator. It can provide models of how well different sets of legal rules work in addressing a particular problem. Also judges can make use of foreign law. In some cases conflict of law rules may require them to do so, but in other cases, judges may wish to take the foreign ideas into account. A potential problem may be that the context of foreign law may be different and there may problems concerning national sovereignty.

  • use at

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Summary with International Business Law: Custom Edition Groningen University

Summary with International Business Law: Custom Edition Groningen University

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What is Law? - Chapter 1

 

This chapter aims to consider law, both as a concept and within its wide context.

What is the definition of law?

Law is the set of rules by which a state or community operates; they govern the actions of the subjects and can be enforced by the imposition of penalties, such as fines or imprisonment.

How does law relate to its subjects?

Law is applicable in social, political and economic disciplines; it relates to all citizens. It is a body of rules that concern many different subjects, such as people, animals, companies and institutions. It outlines both substantive rules of law and the procedures people use when law is applied or enforced.

Everyday examples of the laws that relate to citizens include:

  1. Statute: law passed by Parliament.
  2. Government and EU regulations: these regulations are put in place as protection from the wrongdoings of service providers.
  3. The right to use property is governed by a variety of legal rules, such as statutes, case law or both.
  4. There are statutory penalties for crimes such as burglary.

Law is necessary to maintain order in society. Without law, the state would be disorganised, leading to chaos. Formal regulation is needed in order to regulate the affairs of not just human activity but also larger companies and public bodies.

Does law have boundaries?

It is important to not view law in isolation. Law consists of a set of subjects that all have an impact on each other. Law is at the centre of an interlinked variation of academic disciplines. When studying law, boundaries must be waived; law must be viewed within context. Lawyers must also be aware of the dynamics of law; how it works and why.

How does law relate to morality?

Law must be able to provide some guidance about how to conduct oneself. It sets a standard as to how people can be judged. In

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Summary of International Law by Shaw: 7th edition

Summary of International Law by Shaw: 7th edition

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Chapter A The nature and development of international law

The principal actors in international law are nation-states, not individual citizens like in domestic or municipal law. International law is divided into conflict of law, private international law and public international law. The latter is usually termed ‘international law’. Public international law covers relations between states in all their forms, and regulates the operations of the many international institutions. It may be universal or general, binding upon all states, or regional, binding upon a select group of states.

International law has no legislature. There is no system of courts operating outside the situation when both parties agree and recognize the concerned Court. International law is constituted in a very different manner than domestic law. Also, there is no unified system of sanctions in international law, but there are circumstances in which the use of force is regarded as justified and legal. Within the United Nations, the Security Council can impose sanctions upon the determination of a threat to the peace, a breach of the peace or an act of aggression. Such sanctions may be economic or military. Another justification of the use of force is in the case of self-defense, but it is bound to rules provided by international law. It is important to realize that states do feel the need to obey the rules of international law, because if they do not act accordingly, the system of international law ceases to exist.

The international system

The international system has a horizontal structure; all states are considered equal. In municipal law, the law is above individuals, but in international law the law only exists between the states. Also, in municipal law, the individual has no influence on the creation of law. In international law, states create it themselves, as international law consists mostly of agreements and treaties developed and signed by states. An important element for states in order to obey international law is the principle of reciprocity. States often do not pursue one particular course of action which might bring them short-term gains, because it could disrupt the mesh of reciprocal tolerance which could bring long-term

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Summary of International Law by Shaw: 6th edition
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Summaries per chapter with the 2nd edition of International Law by Henriksen

Summaries per chapter with the 2nd edition of International Law by Henriksen

Summaries per chapter with the 2nd edition of International Law by Henriksen

With this book, Anders Henriksen has created a complete overview of international law. The book starts of with the basics of international law. All the important terms are discussed in detail. Comparisons are made between international and national but also EU-law.

After the explanation of the basics, different types of law are discussed. The influence of international law is made clear in this respect. The law of the sea, human rights law, environmental law and economic law all fall under international law for some part, but they differ from each other in certain aspects. What complicates this even more, is that states and international organizations also have established their own rules.

Lastly, it is discussed how international law can be enforced and what happens when it is not obeyed. The book touches on peaceful dispute settlement, use of force, armed conflicts and international criminal law, and the relation between these breaches and solutions of international law.

The book is written especially for students, so everything is neatly structured and clearly explained. This book is perfect for beginning students who are just starting to learn about international law but also provides a very complete and detailed understanding of international law. The fact that de book starts of with the basics and later dives into the more complex issues, makes the material very understandable.

What are the foundations and structure of international law? - Chapter 1 - Exclusive
What are the sources of international law? - Chapter 2 - Exclusive
How does the law of treaties work? - Chapter 3 - Exclusive
Who are the actors in the international legal system? - Chapter 4 - Exclusive
How is the issue of Jurisdiction organized under international law? - Chapter 5 - Exclusive
What is the role of immunity from national jurisdiction and diplomatic protection in international law? - Chapter 6 - Exclusive
What is the state's responsibility under international law? - Chapter 7 - Exclusive
What is the international law of the sea? - Chapter 8 - Exclusive
What is the role of international human rights law? - Chapter 9 - Exclusive
What is the role of international environmental law? - Chapter 10 - Exclusive
What is international economic law? - Chapter 11 - Exclusive
How are disputes handled in a peaceful manner under international law? - Chapter 12 - Exclusive
What are the international regulations on the use of force? - Chapter 13 - Exclusive
What are the laws on armed conflicts? - Chapter 14 - Exclusive
What is international criminal law? - Chapter 15 - Exclusive
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Summaries: legendary standard works, literature and manuals about international law

Summaries: legendary standard works, literature and manuals about international law

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Summary: Law of Public International Organizations

Summary: Law of Public International Organizations

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Chapter 1: Introduction

The activities of international organizations are subject to law, and give rise to law. Each and every international organization has a set of rules relating to its own functioning. As international organizations do not exist in a vacuum, their activities are also bound to exercise some influence on other legal systems, and absorb the influence of such systems. While it is possible that international organizations are influenced by, and exert influence on, the law of individual nation-states, the more direct and influential links usually exist within the body of rules known as international law.

Critical legal theory

The law of international organizations is still somewhat immature. On numerous points the law lacks certainty. In particular, international legal doctrine has a hard time coming to terms with the relationship between an international organization and the very states which are its members. On the one hand, the law is supposed to respect the interests of individual states. Yet at the same time, the law must also take the interests of the international community into account. Following the critical legal tradition, international law is bound to swerve back and forth between these two poles of sovereignty and community. It is this tension which makes international legal rules often ultimately uncertain. This tension also reflects in the law of international organizations, for example regarding the so-called principle of attribution of powers. Strict adherents to the notion of state sovereignty will not easily admit the existence of implied powers; yet for the protection of community interests, an implied power may well be deemed desirable.

The main benefit of critical legal theory is its capacity to make visible the inherent tensions and contradictions which help shape the law. In this way it can provide great services in understanding international institutional law.

Defining international organizations

What exactly is an international organization? While it is structurally impossible to define in a comprehensive manner, something which is a social creation (social constructs, created by people in order to help them achieve some purpose) to begin with, it is common in the literature to delimit international organizations in at least some ways. One delimitation often made depends on the body of law governing the activities of the organization. If those activities are governed by international law, we speak of an international organization, or at least of an intergovernmental organization. If those activities are governed by some domestic law, we usually say that the organization in.....read more

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Summary of International Law by Shaw: 7th edition

Summary of International Law by Shaw: 7th edition

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Chapter A The nature and development of international law

The principal actors in international law are nation-states, not individual citizens like in domestic or municipal law. International law is divided into conflict of law, private international law and public international law. The latter is usually termed ‘international law’. Public international law covers relations between states in all their forms, and regulates the operations of the many international institutions. It may be universal or general, binding upon all states, or regional, binding upon a select group of states.

International law has no legislature. There is no system of courts operating outside the situation when both parties agree and recognize the concerned Court. International law is constituted in a very different manner than domestic law. Also, there is no unified system of sanctions in international law, but there are circumstances in which the use of force is regarded as justified and legal. Within the United Nations, the Security Council can impose sanctions upon the determination of a threat to the peace, a breach of the peace or an act of aggression. Such sanctions may be economic or military. Another justification of the use of force is in the case of self-defense, but it is bound to rules provided by international law. It is important to realize that states do feel the need to obey the rules of international law, because if they do not act accordingly, the system of international law ceases to exist.

The international system

The international system has a horizontal structure; all states are considered equal. In municipal law, the law is above individuals, but in international law the law only exists between the states. Also, in municipal law, the individual has no influence on the creation of law. In international law, states create it themselves, as international law consists mostly of agreements and treaties developed and signed by states. An important element for states in order to obey international law is the principle of reciprocity. States often do not pursue one particular course of action which might bring them short-term gains, because it could disrupt the mesh of reciprocal tolerance which could bring long-term

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Summary of International Law by Shaw: 6th edition
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Summary of Handbook of International Law by Aust

Summary of Handbook of International Law by Aust

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Chapter 1. International law

Private international law and transnational law

The term ‘private international law’ refers to what is known as the ‘conflict of laws’. It covers the body of rules of a State’s domestic law which addresses legal issues with foreign elements; these rules determine which legal rules and jurisdiction are applicable.

A number of institutions are responsible for harmonisation of rules concerning conflict of laws. The Hague Conference on Private International Law, established in 1893 is tasked with the harmonisation of domestic rules on conflict of laws; UNIDROIT is responsible for the harmonisation of commercial domestic laws; UNCITRAL is tasked with harmonising international trade law.

The term ‘transnational law’ primarily connotes the study of the laws of multiple States, comparative law, supranational law, and (commercial) public international law. The study of transnational law gives the impression that the laws of States are becoming ever more similar; however, this is not the case.

The nature of international law

International law is generally known as ‘public international law’ (sometimes also as ‘general international law’), in contrast to the public international law described above. It was previously known as the ‘Law of Nations’. Public international law is the product of the actions of States instead of a single national legal system.

The history of public international law is generally said to have started with Hugo Grotius, a Dutch jurist and diplomat, who lived from 1583 to 1645. Another important event in the early history of Public International Law is the Peace of Westphalia in 1648, which concluded the end of the Thirty Years’ War and the period of feudalism in European history. It also marked the emergence of the modern nation state with a strong centralised government exercising control over its subjects. These new states were in need of rules to govern conduct between them. From the mid-seventeenth century these rules governing the relations between states evolved into contemporary international law.

Many students of international law question whether it

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An Introduction to International Criminal Law and Procedure

An Introduction to International Criminal Law and Procedure

International Criminal Law and Procedure by Cryer e.a.

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Part A: Introduction

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Chapter 1: Aspects of international criminal law

Introduction

Public international law primarily regulates interactions between States. However, international criminal law is mainly concerned with the conduct of individual persons. If persons violate international laws, that imposes the obligation on States to penalise such actions. International criminal law has been rapidly developing following the Second World War. This means that the broader field of international law is increasingly focusing on protecting humans rather than only the interests and obligations of States. An exception to this is that the crime of aggression can only be committed by (high-ranking) State officials. The project of international criminal law is quite recent.. Especially the Tribunals for the former Yugoslavia and Rwanda established in the 1990s have been important for its case law. International criminal courts and tribunals courts do not possess universal jurisdiction. Their rules are not always homogeneous or consistent. This can be explained partially by the fact that international criminal rules derive from a variety of sources. War crimes, for example, have developed from international humanitarian law. Genocide and crimes against humanity have evolved together with international human rights standards. War crimes, genocide, crimes against humanity and the crime of aggression constitute the most important crimes on which international law focuses. These are also the crimes to which the jurisdiction of the International Criminal Court is limited......read more

Summary of International Criminal Law and Procedure by Cryer
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Supersummary International Law - Anders Henriksen

Supersummary International Law - Anders Henriksen

With this book, Anders Henriksen has created a complete overview of international law. The book starts of with the basics of international law. All the important terms are discussed in detail. Comparisons are made between international and national but also EU-law.

After the explanation of the basics, different types of law are discussed. The influence of international law is made claer in this respect. The law of the sea, human rights law, environmental law and economic law all fall under international law for some part, but they differ from eachother in certain aspects. What complicates this even more, is that states and international organizations also have established their own rules. 

Lastly, it is discussed how international law can be enforced and what happens when it is not obeyed. The book touches on peacefull dispute setlement, use of force, armed conflicts and international criminal law, and the relation between these breaches and solutions of international law. 

The book is written especially for students, so everything is neatly structured and clearly explained. This book is perfect for beginning students who are just starting to learn about international law but also provides a very complete and detailed understanding of international law. The fact that de book starts of with the basics and later dives into the more complex issues, makes the material very understandable.

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Summaries: the best definitions, descriptions and lists of terms for law and administration

Summaries: the best definitions, descriptions and lists of terms for law and administration

Key terms, definitions and concepts summarized in the field of law and administration

What is this page about?

  • Contents: a selection of terms, definitions and concepts for law and administration
  • Study areas: Constitutional law, state law and public administration, Corporate and business law and legal entities, Criminal law and criminial procedure and many more
  • Language: English
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What to find below?

  • Read on for the key terms and definitions summarized in the field of law and administration
  • Click on the term of your interest
What is law?

What is law?

Law, as a field of study, delves into the systems of rules and principles that govern human conduct within a society. It encompasses the creation, interpretation, and enforcement of these rules to establish order, protect rights, and achieve justice.

What are the main features of law?

  • Social Contract: Law serves as a social contract, outlining acceptable behavior and consequences for violations, promoting a sense of order and fairness.
  • Interpretation and Application: Law is not always a set of clear-cut rules. Legal professionals interpret and apply these laws to specific situations.
  • Evolution and Adaptation: Laws are not static; they evolve over time to reflect changing societal values and technological advancements.
  • Global Context: The rise of international trade and cooperation has led to a growing body of international law.
  • Ethical Considerations: Lawyers grapple with ethical dilemmas and strive to uphold the principles of justice and fairness.

What are the most important sub-areas of law?

  • Constitutional Law: Focuses on the interpretation and application of a country's constitution, the supreme law of the land.
  • Criminal Law: Deals with offenses against the state and the potential punishments for those offenses.
  • Civil Law: Governs disputes between individuals or entities, focusing on issues like contracts, property, and personal injury.
  • Administrative Law: Oversees the actions of government agencies and ensures they comply with legal requirements.
  • International Law: Governs relations between countries, including trade agreements, human rights law, and the laws of war.

What are the most important concepts of law?

  • Justice: The overarching principle of fairness and impartiality in the application of law.
  • Rule of Law: The principle that everyone, including those in power, is subject to the same laws.
  • Due Process: The legal procedures that ensure fairness in legal proceedings.
  • Legal Precedent: The use of past court decisions to guide future rulings in similar cases.
  • Legal Liability: The legal obligation to compensate for harm or wrongdoing.

Who are influential figures in law?

  • Hammurabi: King of Babylon in the 18th century BC, credited with one of the earliest codified sets of laws, the Hammurabi Code.
  • William Blackstone: An 18th-century English jurist whose commentaries on the laws of England significantly influenced legal systems around the world.
  • John Locke: A 17th-century English philosopher who laid the foundation for modern legal principles like natural rights and limited government.
  • Ruth Bader Ginsburg: A US Supreme Court Justice who championed gender equality and social justice throughout her career.
  • Nelson Mandela: A South African anti-apartheid revolutionary and lawyer who fought for racial equality and justice under the law.

Why is law important?

Law is crucial for:

  • Maintaining Social Order: Provides a framework for resolving disputes and preventing conflict.
  • Protecting Individual Rights: Safeguards fundamental rights like freedom of speech, religion, and assembly.
  • Promoting Fairness and Justice: Ensures all individuals are treated equally under the law.
  • Facilitating Economic Development: Provides a stable and predictable legal environment for businesses to operate.
  • Holding Power Accountable: Ensures those in authority act within the bounds of the law.

How is law

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What is criminal law?

What is criminal law?

Criminal law is a field of study that focuses on the legal principles and procedures involved in crimes and their punishment. It equips individuals with the knowledge and skills to:

  • Understand what constitutes a crime
  • Analyze the elements of specific offenses
  • Navigate the criminal justice system
  • Represent clients accused of crimes
  • Prosecute criminal cases

What are the main features of criminal law?

  • Focus on Public Wrongs: Criminal law deals with offenses against society as a whole, rather than private wrongs between individuals (addressed by civil law).
  • State as Plaintiff: In criminal cases, the state (government) prosecutes the defendant, not a private individual.
  • Strict Standards: The burden of proof lies with the prosecution, who must prove the defendant's guilt beyond a reasonable doubt.
  • Potential for Severe Consequences: Criminal convictions can lead to significant penalties, including imprisonment, fines, and loss of rights.

What are important sub-areas in criminal law?

Criminal law encompasses a wide range of offenses, with some key sub-areas:

  • Violent Crimes: Murder, assault, robbery, and other crimes causing physical harm.
  • Property Crimes: Theft, burglary, arson, and other offenses against property.
  • White-Collar Crimes: Financial crimes like fraud, embezzlement, and money laundering.
  • Drug Crimes: Offenses related to the illegal production, possession, and distribution of controlled substances.
  • Computer and Cyber Crimes: Crimes involving the use of technology, like hacking and data breaches.

What are key concepts in criminal law?

  • Mens Rea: The mental state of the defendant at the time of the crime (e.g., intent, knowledge).
  • Actus Reus: The voluntary physical act constituting the crime.
  • Elements of a Crime: Specific requirements that must be proven for a conviction.
  • Due Process: Legal safeguards to ensure fair treatment throughout the criminal justice process.
  • Criminal Defenses: Justifications or excuses that may negate criminal liability (e.g., self-defense, insanity).

Who are influential figures in criminal law?

Several figures have shaped criminal law:

  • Cesare Beccaria: 18th-century philosopher who advocated for a humane and rational criminal justice system.
  • Jeremy Bentham: Utilitarian philosopher who influenced theories of punishment and deterrence.
  • William Blackstone: English jurist whose writings significantly influenced common law.
  • Earl Warren: Chief Justice of the US Supreme Court who expanded criminal defendants' rights.

Why is criminal law important?

Criminal law is crucial for:

  • Protecting Public Safety: Deterrence and punishment aim to reduce crime and maintain order in society.
  • Ensuring Due Process: Guarantees fair treatment for those accused of crimes.
  • Defining Societal Norms: Criminal law reflects the values and boundaries considered essential for a well-functioning society.
  • Holding Offenders Accountable: Provides a system for punishing those who violate the law.

What are applications of criminal law in practice?

Criminal law professionals work in various settings:

  • Prosecutors: Representing the government in prosecuting criminal cases.
  • Defense Attorneys: Representing individuals accused of crimes.
  • Judges: Presiding over criminal trials and making legal rulings.
  • Law Enforcement: Investigating crimes, apprehending suspects, and enforcing the law.
  • Criminal Justice Reform Advocates: Working to improve the fairness and effectiveness of the criminal justice system.
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What is history of law?

What is history of law?

The history of law, also known as legal history, is a fascinating field that delves into the evolution of legal systems and concepts throughout time.

  • Understanding how legal systems have developed and changed over time, influenced by social, political, economic, and cultural factors.
  • Analyzing how legal ideas, doctrines, and institutions have emerged and transformed across different periods and civilizations.
  • Exploring the relationship between law and society, and how law reflects the values and priorities of different historical contexts.

What are the main features of history of law?

  • Chronological Approach: Studies law through a historical lens, examining its development over time from ancient civilizations to the present day.
  • Comparative Analysis: Compares legal systems across different cultures and time periods to identify similarities, differences, and patterns of change.
  • Primary Sources: Relies heavily on primary sources like legal codes, court records, legal treatises, and historical documents to reconstruct the past.
  • Interdisciplinary: Draws insights from history, political science, sociology, and anthropology to provide a richer understanding of legal evolution.

What are important sub-areas in history of law?

  • Ancient Law: Examines the legal systems of early civilizations like Mesopotamia, Egypt, Greece, and Rome.
  • Medieval Law: Focuses on the development of common law, canon law, and feudal law in Europe during the Middle Ages.
  • Early Modern Law: Analyzes the emergence of nation-states and the evolution of legal systems during the Renaissance and Enlightenment periods.
  • American Legal History: Studies the development of the American legal system from the colonial period to the present day.
  • Legal History of Specific Regions: Focuses on the legal history of specific countries, continents, or legal traditions (e.g., Islamic law, Chinese law).

What are key concepts in history of law?

  • Legal System: A set of rules, principles, and institutions that govern a society.
  • Legal Code: A collection of written laws that systematize legal principles.
  • Common Law: A legal system based on judicial precedent, where court decisions in prior cases guide future rulings in similar situations.
  • Civil Law: A legal system based on codified statutes and legal codes.
  • Natural Law: The belief in universal moral principles that inform legal systems.
  • Legal Realism: The focus on the practical application of law and the role of judges in shaping the law.

Who are influential figures in history of law?

  • Gaius: Roman jurist whose writings on Roman law influenced legal systems throughout Europe.
  • William Blackstone: English jurist whose commentaries on English law formed the foundation for common law in many countries.
  • Frederick Maitland: British legal historian whose work revolutionized the study of English legal history.
  • Maitland Sharpe: American legal historian known for his work on slavery and the American legal system.
  • Ahmed ibn Hanbal: Islamic scholar whose legal writings are foundational for Islamic law.

Why is history of law important?

  • Understanding the Present: Provides context for understanding current legal systems and practices, revealing their historical roots and evolution.
  • Appreciating Complexity: Shows how our legal system is not static, but a product of ongoing change and debate.
  • Informs Legal Reform:
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What is private law?

What is private law?

Private law is a fundamental branch of law that governs the relationships between individuals and businesses. It focuses on resolving disputes and establishing frameworks for fair and orderly interactions in the private sphere, distinct from the relationship between the government and its citizens (public law).

What are the main features of private law?

  • Focus on Private Actors: Private law deals with legal relationships between individuals, businesses, and other private entities.
  • Contract-Based: Many private law principles revolve around contracts, establishing rights and obligations between parties entering agreements.
  • Dispute Resolution: A key function of private law is providing mechanisms for resolving disputes between private actors, often through litigation or alternative dispute resolution (ADR).
  • Focus on Fairness and Efficiency: Private law aims to ensure fairness and efficiency in private transactions and interactions.

What are important sub-areas in private law?

  • Contract Law: The foundation of private law, governing the formation, interpretation, enforcement, and remedies for breaches of contracts.
  • Tort Law: Deals with civil wrongs and injuries caused by one party to another, providing a framework for seeking compensation.
  • Property Law: Defines ownership rights and interests in property, both real (land and buildings) and personal (tangible objects).
  • Business Law: Focuses on the legal aspects of business operations, including formation, governance, and commercial transactions.
  • Consumer Law: Protects consumers from unfair practices and ensures they have adequate information to make informed choices in the marketplace.
  • Family Law: Governs domestic relations such as marriage, divorce, child custody, and support.
  • Employment Law: Regulates the relationship between employers and employees, addressing issues like wages, working conditions, and termination.

What are key concepts in private law?

  • Contract: A legally binding agreement between two or more parties that creates rights and obligations.
  • Tort: A civil wrong that causes injury or damage to another person or their property.
  • Property: The legal right to own, use, and dispose of things.
  • Liability: The legal responsibility for causing harm or damage.
  • Breach of Contract: The failure of a party to fulfill their obligations under a contract.
  • Negligence: The failure to take reasonable care to avoid causing harm to others.
  • Due Process: The legal requirement for fair procedures in legal proceedings.

Who are influential figures in private law?

  • William Blackstone: English jurist whose commentaries on English law significantly influenced the development of common law principles in contract and property law.
  • Oliver Wendell Holmes Jr.: US Supreme Court Justice known for his legal realism approach, emphasizing the practical application of law in contract interpretation.
  • Charles Fried: American legal scholar who made significant contributions to contract theory, focusing on the importance of promissory autonomy and freedom of contract.
  • Catharine MacKinnon: Legal scholar whose work on feminist legal theory has influenced family law, particularly regarding domestic violence and reproductive rights.

Why is private law important?

  • Provides Predictability: Establishes a framework of rules and principles that govern private interactions, promoting stability and predictability in business transactions.
  • Protects Rights: Safeguards the rights of individuals and businesses, ensuring fair treatment and compensation for harm.
  • Facilitates Commerce: Provides
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What is fiscal law?

What is fiscal law?

Fiscal law focuses on the legal framework surrounding a government's ability to raise and spend money. It encompasses:

  • Taxation: The legal rules and principles governing how the government collects revenue (which tax law delves into deeply).
  • Budgeting: The legal processes for creating and authorizing government spending plans.
  • Public Debt: The legal framework surrounding government borrowing and debt management.
  • Fiscal Policy: The legal aspects of using government spending and taxation to achieve economic and social goals.
  • Financial Accountability: Legal requirements for transparency and oversight of government finances.

What are the main features of fiscal law?

  • Focus on Government: Fiscal law primarily concerns the legal framework for government finances, as opposed to individual or corporate finances.
  • Macroeconomic Impact: This field considers the broader economic effects of government financial activities.
  • Public Policy Link: Fiscal law is closely connected to public policy choices regarding spending priorities and tax structures.

What are important sub-areas in fiscal law?

  • Tax Law (Integration): While a distinct field, tax law is a crucial sub-area within fiscal law, providing the legal basis for government revenue collection.
  • Budgetary Law: Focuses on the legal rules and processes for authorizing government spending and ensuring proper allocation of funds.
  • Public Debt Management: Examines legal frameworks for government borrowing, repayment, and debt sustainability.
  • Intergovernmental Fiscal Relations: Deals with the legal aspects of how different levels of government (federal, state, local) share tax revenue and responsibilities.
  • Fiscal Federalism: Analyzes the legal framework for allocating spending and taxing powers between central and regional governments.

What are key concepts in fiscal law?

  • Sovereign Debt: The legal framework for government borrowing and the implications of national debt.
  • Appropriations: The legal process by which the government authorizes spending for specific purposes.
  • Entitlement Programs: Programs that provide government benefits based on eligibility criteria, with legal requirements for funding allocation.
  • Tax Expenditure Analysis: Examining the economic and budgetary effects of tax breaks and deductions.
  • Fiscal Responsibility Rules: Legal frameworks that set limits on government borrowing or require balanced budgets.

Who are influential figures in fiscal law?

  • John Maynard Keynes: British economist whose theories on government intervention in the economy significantly influence fiscal policy approaches.
  • Richard A. Musgrave: American economist who made significant contributions to the analysis of public finance and tax systems.
  • Alexander Hamilton: One of the Founding Fathers of the United States, whose writings on public credit and fiscal responsibility shaped American fiscal law.

Why is fiscal law important?

  • Fiscal law ensures the government operates within a legal framework for managing its finances.
  • It promotes transparency and accountability, allowing citizens to understand how their tax dollars are spent.
  • Fiscal law plays a crucial role in achieving economic stability and promoting economic growth through well-structured tax and spending policies.

How is fiscal law applied in practice?

  • Lawyers specializing in fiscal law advise governments on legal issues related to taxation, budgeting, debt management, and fiscal policy development.
  • They may represent governments in legal disputes regarding spending limitations or tax challenges.
  • Fiscal law principles
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What is administration?
What is constitutional law?
What is state law?
What is public administration?
What is corporate law?
What is business law?
What is legal entities?
What is commercial law?
What is trade law?
What is insolvency law?
What is bankruptcy law?
What is criminology?
What is European law?
What is the European Union?
What is family law?
What is inheretence law?
What is matrimonial law?
What is international law?
What is international public law?
What is public international law?
What is jurisprudence?
What is case law?
What is labor law?
What is social law?
What is legal philosophy?
What is civil law?
What is property law?
What is international private law?
What is the law of obligations?
What is contract law?
What is tax law?
List of abbreviations for European Union Law
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Exams: Practice exams and study tips for law and administration

Exams: Practice exams and study tips for law and administration

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Examtests with the 2nd edition of International Law by Henriksen

Examtests with the 2nd edition of International Law by Henriksen

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What are the foundations and structure of international law? - ExamTests 1

Questions

Question 1

The international legal order is decentralized. Explain what this decentralized nature means. How is this reflected in the way law is made, enforced and disputes are settled? Make a comparison with the situation in the Dutch Legal order.

Question 2

There are a number of functions of international law. Name and shortly describe three functions of international law.

Question 3

When we talk about ‘international law’ we actually mean ‘public international law’ which must be distinct from ‘private international law’. Explain the difference between public international law and private international law.

Question 4

The field of public international law consists of many more specific fields. Name and describe at least three of these fields.

Question 5

As a law student, you will follow courses on European Law, being the law of the European Union. Does this field of law fall under public international law? Explain why or why not.

Answers

Question 1

  • The international legal system is characterized as decentralized because of the absence of a concentration of power, or a central authority responsible for establishing, applying and enforcing rules of international law.

  • International law consist of a community of equal parties (States), that make the rules themselves (by treaty and custom), settle their own disputes (arbitration and jurisdiction only with the consent of the States concerned), and impose sanctions on each other (countermeasures).

  • In the Dutch legal order, the rules are made by the legislater, disputes are settled by the courts, and sanctions are imposed by the authorities.

Question 2

Order and stability, justice and dispute-settlement. Peace has to do with all these three things. The main purpose of

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Tentamens: startpagina voor oude tentamens en tentamentips per vak bij recht en bestuur

Tentamens: startpagina voor oude tentamens en tentamentips per vak bij recht en bestuur

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Exams: home bundle

Exams: home bundle

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Samenvattingen: startpagina voor recht en bestuur

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Samenvattingen: startpagina voor bestuursrecht en staatsrecht
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Rechten RUG Groningen: Assortimentwijzer voor samenvattingen en studiehulp bij de Bachelor en Masters
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Samenvattingen: startpagina voor arresten en jurisprudentie bij recht en bestuur

Samenvattingen: startpagina voor arresten en jurisprudentie bij recht en bestuur

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  • Studiegebieden: o.a. arbeidsrecht en sociaal recht, Belastingrecht en fiscaal recht, Bestuursrecht, Europees recht en de Europese Unie, Handelsrecht, Familierecht, erfrecht en huwelijksvermogensrecht, Insolventierecht en Faillissementsrecht,  Internationaal privaatrecht, Internationaal publiekrecht, Medische ethiek en gezondheidsrecht, Ondernemingsrecht en rechtspersonenrecht, Overeenkomstenrecht en contractenrecht, Privaatrecht: burgerlijk, goederen- tot vermogensrecht, Rechtsfilosofie en rechtsgeschiedenis, Staatsrecht en constitutioneel recht, Strafrecht en criminologie
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Samenvattingen: de beste jurisprudentie en arresten voor arbeidsrecht en sociaal recht samengevat
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