Wesley Hohfeld, a legal scholar and philosopher, introduced a comprehensive framework for analysing legal relationships and concepts of rights. His framework consists of four fundamental concepts, which he used to clarify legal rights and duties.Clai...
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Ludwig Wittgenstein, a prominent philosopher, is known for his theory of rules, often referred to as Wittgenstein's Practical Theory of Rules. This theory challenges traditional philosophical concepts related to language, meaning, and rule-following....
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Neil MacCormick, a renowned legal philosopher, is associated with the Interest Theory of Rights. This theory offers a distinct perspective on the nature and foundation of rights in the context of legal philosophy. Rights as protected interests: MacCo...
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H.L.A. Hart, a prominent legal philosopher, is known for his theory of rights, often referred to as Hart's Will Theory of Rights. This theory focuses on the nature of rights and the relationship between rights, duties, and the will of the legal syste...
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Rights are the cornerstone of legal systems and are at the core of legal protections for individuals and societies. In law, various types of rights serve as the foundation for ensuring justice, equality, and freedom. These rights can be categorised i...
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In rem and in personam are two legal terms that you often see in Property Law and Land Law. They also appear in Contract Law, Tort Law and Jurisprudence, as they are related to the jurisdiction and the nature of a legal action. In Pem: In rem is a La...
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The impact of liberalism on constitutional theory and practice has been profound and far-reaching, shaping the foundations of modern democratic societies around the world. Rooted in principles of individual rights, representative democracy, the rule ...
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John Finnis, a philosopher in the natural law tradition, proposed a list of Seven Basic Human Goods, which serve as foundational principles for his ethical and moral philosophy:Life: Life is the fundamental good of self-preservation, including the ph...
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In Criminal Law, undercharging refers to a situation where a prosecutor or law enforcement authority charges a defendant with a criminal offence that is less severe or carries a lower penalty than the conduct in question might warrant. It essentially...
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In Property Law, detrimental reliance can be invoked in situations where one party has reasonably relied on a promise or representation regarding property, leading to a change in his position or actions to his detriment. It can be used to enforce a p...
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Detrimental reliance, often referred to as promissory estoppel, is a legal doctrine that allows a party to enforce a promise even if there is no formal contract in place or there is no consideration in the contract. It arises when one party makes a p...
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Utmost good faith is a principle which requires parties to act with the highest degree of honesty, fairness, and transparency. It typically applies in situations where one party has superior knowledge or information compared to the other party, and t...
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Crown, monarch, throne, and sovereign are terms often used in the context of monarchies and government structures related to the British monarchy. Crown: The crown can refer to both the physical headgear worn by monarchs during formal ceremonies and ...
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Limited government is a political and constitutional principle that defines the extent and scope of governmental authority, emphasising restrictions on the powers and functions of government to protect individual rights and prevent excessive state in...
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Article 34 of European Convention on Human Rights (ECHR) establishes the right of individuals, non-governmental organisations, and groups to submit applications to the European Court of Human Rights (ECtHR) when they believe that their rights under t...
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