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In China and other developing countries there are not sufficient professionally trained people to staff the existing judicial systems, and, accordingly, formal standards are more relaxed. Max Weber and others reshaped thinking on the extension of state. Modern military, policing and bureaucratic power over ordinary citizens’ daily lives pose special problems for accountability that earlier writers such as Locke or Montesquieu could not have foreseen. The custom and practice of the legal profession is an important part of people’s access to justice, whilst civil society is a term used to refer to the social institutions, communities and partnerships that form law’s political basis.

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  • The custom and practice of the legal profession is an important part of people’s access to justice, whilst civil society is a term used to refer to the social institutions, communities and partnerships that form law’s political basis.
  • At first, jurists and legal philosophers were suspicious of sociology of law.
  • The use of statistical methods in court cases and law review articles has grown massively in importance in the last few decades.
  • As a result, they had successfully won as the 3rd winner in this Moot Court Competition by using forestry and maritime crime as their main topic.

Some common Law News systems, including Australia, are moving away from the idea of consideration as a requirement. The idea of estoppel or culpa in contrahendo, can be used to create obligations during pre-contractual negotiations. The Classical republican concept of “civil society” dates back to Hobbes and Locke. While military organisations have existed as long as government itself, the idea of a standing police force is a relatively modern concept. For example, Medieval England’s system of travelling criminal courts, or assizes, used show trials and public executions to instill communities with fear to maintain control.

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Codifications date back millennia, with one early example being the Babylonian Codex Hammurabi. Modern civil law systems essentially derive from legal codes issued by Byzantine Emperor Justinian I in the 6th century, which were rediscovered by 11th century Italy. Roman law in the days of the Roman Republic and Empire was heavily procedural, and lacked a professional legal class. Decisions were not published in any systematic way, so any case law that developed was disguised and almost unrecognised.

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The use of statistical methods in court cases and law review articles has grown massively in importance in the last few decades. Canon law (from Greek kanon, a ‘straight measuring rod, ruler’) is a set of ordinances and regulations made by ecclesiastical authority , for the government of a Christian organisation or church and its members. It is the internal ecclesiastical law governing the Catholic Church , the Eastern Orthodox and Oriental Orthodox churches, and the individual national churches within the Anglican Communion. The way that such church law is legislated, interpreted and at times adjudicated varies widely among these three bodies of churches.

Phrases Containing law

Today, countries that have civil law systems range from Russia and Turkey to most of Central and Latin America. The main institutions of law in industrialised countries are independent courts, representative parliaments, an accountable executive, the military and police, bureaucratic organisation, the legal profession and civil society itself. John Locke, in his Two Treatises of Government, and Baron de Montesquieu in The Spirit of the Laws, advocated for a separation of powers between the political, legislature and executive bodies. Their principle was that no person should be able to usurp all powers of the state, in contrast to the absolutist theory of Thomas Hobbes’ Leviathan.

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