International law is branch of law that is applied without considering state borders. What makes it distinctive in relation to the internal law is the specificity and particularity of its sanctions to compel. In the recent past, this right had no sanction and coercion, which should be carried out according to certain international entities was done directly or is omitted. These are the reasons why particular theorists denied its legal character and they...
International law is branch of law that is applied without considering state borders. What makes it distinctive in relation to the internal law is the specificity and particularity of its sanctions to compel. In the recent past, this right had no sanction and coercion, which should be carried out according to certain international entities was done directly or is omitted. These are the reasons why particular theorists denied its legal character and they did not regard it as a special kind of law.
International affairs are applied on all subjects of international law, whether they accepted them by their internal laws or not. On the other hand, contracts are binding only for those international subjects who have joined international contracts.
Contracts can be bilateral or multilateral (Convention). What they all have in common is that contracting subjects must entitle to the principle of “pacta sunt servant” (contracts must be obeyed) because the respect of this principle provides, for another effective way enforceability of international standards.
Judicial decisions, made by the International Court of Justice, produced legal action against subjects that were parties to the dispute. Recently, their importance extends to other subjects. This source of law is considered to be a precedent, and as such it appears as an independent source of law.
As mentioned above authorities, as additional laws are considered fairness and morality. Fairness is used as a special source of law when the opposing parties authorize the arbitrator to a fair verdict regardless of the existing law.
International law can be divided into public international law and private international law. Private international law by some theorists’ claims is not international in the full sense of the word, but its standards are included in the system of domestic law. Public international law, as a branch of law has several of its sub branch of which the most important are: Diplomatic law, War and Humanitarian Law, law of the Sea, contract law and etc.
The former dilemma of whether international law is law or not at all is starting to lose at its meaning, because the creation of norms of international law and the establishments and functioning of international organizations for the implementation of these international legal norms and acts, they are helping it to be more affirmed as a law. Also international law have access to medical treatment. In this case, you can call kidney disease lawyers.Learn More
Criminal law is a law branch that protects property, moral, safety and health of people. Criminal law prohibits socially dangerous and threatening for these values. Proper punishment for violating these rules are also proscribed by criminal law, breaking these laws can have serious consequences for the offender. Criminal law is based on punishment unlike civil law where the purpose is conflict resolution and ensuring victim compensation. The best company you can choose to help you is denver Injury lawyers.
Criminal law has few purposes for keeping order in a country, there is exactly 5 of them and they can also be spoken of as justification for punishments offenders can get.
1. Retribution which can be explained as the principle “eye for an eye, tooth for a tooth” also known as the law of talion (lex talionis). It means that criminals should suffer in some way for the injuries they caused to others. This principle was widely used in Roman law. Today it is seen as the cruelest purpose of all.
2. Deterrence is a legal term which means that purpose of punishing an individual can be deterring others from committing similar kind of crimes. Punishing an individual with an adequate sanction for the crime he committed is a principle of retribution, attitude that this individual sanction will deter others from committing crimes is deterrence. These two attitudes are often mixed up.
Deterrence also means that sanction will keep punished individual from committing other crimes.
3. Incapacitation means that prison sentence today serve the purpose of keeping criminals away from society, so that public can be protected from their criminal behavior.
4. Rehabilitation is more humane purpose and it aims on changing offender in a way that will make him valuable and respected member of society without his connection with the past. This offender should learn and understand that his previous behavior was wrong.
5. And last but not the least, Restoration which means repairing any damage or injury that victim suffered and that were caused by the offender. Restoration is primary purpose of civil law, but it is also important for criminal law and it is designed for protection of the victim.
Civil law or better known as Roman law is a legal system oriented in Europe. It developed from the basics of the late Roman law. The primary course of the law were the principles that were codified. To make a difference between common law, where the intellectual framework comes from the judges made decision law.
Looking through history, civil law represents a group of ideas and systems that are divided and come from Justinian Codec.
In the civilian system they tend to use codes with brief texts and to avoid scenarios that are factually specific. Personal injury lawyer chicago can solve problems you have.
The purpose of using codification system is to give all citizens written set of laws so they can apply them and every judge must obey and follow those rules. This is most spread system of the law in the world, it has its variations, but approximately 150 states around the world use it. The key thing of these law, considering that he is using a codes, is a law code. Law code is a set of related articles, arranged in order by one subject matter, where there is explained principle of the law, rights, entitlements and generally how legal mechanism of one state is working. They are also approved by the legal body of the state.
Civil law area of work is to deals with case law apart from any other priority value. Civil law courts usually make decision on cases by using codal provisions on a “case by case” basis without looking others even superior judicial decision.