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Discuss the relationship between 'sanction' and 'command' theories of law, with reference to the work of Austin and Kelsen.
In examining the relationship between the command and sanction theories of law as articulated by Austin and Kelsen respectively, it becomes evident that while both theories fall under the umbrella of sanction theories, they diverge significantly in t...
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Adverse Possession: A Moral Conundrum in Property Law
Adverse possession, often described as a legal doctrine allowing individuals to claim ownership of land they do not rightfully own through continuous and unauthorised use, is a concept that straddles the intersection of law, morality, and property ri...
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Unreasonableness vs Unconscionability
In the vast landscape of legal terminology, two terms frequently encountered, often interchangeably but with distinct implications, are unreasonableness and unconscionability. However their distinctions serve as vital safeguards against unfairness an...
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Himalaya Clause
In Contract Law and Commercial Law, a Himalaya clause is a provision commonly found in contracts involving carriage of goods by sea or land, particularly in bills of lading and contracts of carriage. This clause extends the benefit of limitation of l...
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Open Justice
In jurisprudence, the concept of open justice stands tall as a beacon of transparency, ensuring that the legal process remains accessible and accountable to all. Rooted in the principle that justice must not only be done but also seen to be done, ope...
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Understanding Image Rights
In the contemporary era of digital sharing and widespread dissemination of images, the concept of image rights has gained paramount significance. Image rights encapsulate the legal considerations aimed at safeguarding individuals and entities from th...
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What makes a theory of law a natural law theory?
A natural law theory of law is grounded in the idea that there are inherent and objective principles of justice and morality that underlie and guide human legal systems. These theories posit that the validity of legal rules is not solely dependent on...
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Differences Between Per Capita and Per Stripes
The law of wills and succession is a complex area that governs the distribution of a deceased person's assets among their heirs. Two key principles that play a significant role in this process are per capita and per stirpes. These Latin terms may sou...
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Human Rights vs Fundamental Rights
The terms "human rights" and "fundamental rights" are often used interchangeably, leading to confusion about their meanings. While both concepts share commonalities, they also have distinct characteristics that set them apart. This article aims to el...
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Elements of Defamation
Defamation is a legal concept that involves making false statements about an individual or entity, damaging their reputation. To establish a defamation case, certain elements typically need to be present. The exact elements can vary by jurisdiction, ...
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Common Defences to Defamation
Defamation is a legal term that refers to the act of damaging someone's reputation by making false statements about them. There are several defences available to individuals accused of defamation, which vary depending on jurisdiction. Here are some c...
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M'Naghten Rules
The M'Naghten rules, pronounced and sometimes spelled as McNaughton, represent a legal test that defines the defence of insanity. First formulated by the House of Lords in 1843, this test has become the established standard in English criminal law an...
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Negligence vs Recklessness
Negligence and recklessness are both legal concepts that pertain to different levels of culpability in tort law and criminal law. NegligenceNegligence is the failure to exercise the degree of care that a reasonable person would exercise under similar...
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Motive vs Intent
Motive and intent are distinct concepts in criminal law, and they refer to different aspects of a person's mental state and actions.IntentIntent or intention refers to the actor's purpose or aim in committing a specific act. It involves the consciou...
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Malice vs Intent
Malice and intent are legal terms often used to describe different mental states or culpable mental elements in criminal law. While they share some similarities, they have distinct meanings:IntentIntent or Intention refers to the actor's purpose or a...
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