Laws as a Concept & System

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  1. Conflict of Laws
    An area of law concerned with determining which law applies when there is a conflict between the laws of two national systems that could apply to the situation.
  2. Coup d' etat
    A French expression used to describe the seizure of state power by force or by the threat of force.
  3. Doctrine of Foreshadowing
    Where the requirements of a new law are well known in advance of its final proclamation, in which case, it may be given a retrospective effect.
  4. Gazette
    An official government publication in which official notices are published, such as the promulgation of government regulations or the proclamation that a statute is in force. Publication in a gazette is deemed to be notice to the public of the item published; at that point members of the public are deemed to be aware of the contents of the notice, whether they have read it or not. The government of Canada publishes the Canada Gazette; Provinces publish them as well. Ontario, for ex. publishes the Ontario Gazette.
  5. Judicial Activist
    One who draws on social value and principles in interpreting law, and who is likely see the law as a way of implanting key principles and policies.
  6. Judicial Realism
    A behavioral theory that holds that the psycho-social makeup of judges directly affects how they interpret and apply law. It provides both a way of predicting and explaining judicial behavior.
  7. Legal Positivism
    A legal theory that argues that valid law is law that is made in accordance with accepted procedure, and is interpreted by giving accurate meaning to what a law actually says, without trying to fit it to our own moral or value preferences.
  8. Natural Law
    A theory of law that presupposes the existence of a divine or natural law external to and superior to human law. Human law, to be valid, must conform to the moral requirements of natural law, or it is invalid and need not be obeyed.
  9. Norm
    An identifiable behavior pattern that is expected and appropriate in a given set of circumstances in a particular society.
  10. Rule of Law
    The idea that no one, including rule makers and enforcers, is above the law or exempt from it.
  11. Socialization
    A process that describes how we learn the norms and values of our society through interaction in various social institutions: families, schools, and peer groups, for example.
  12. Strict Constructionist
    A judge who interprets the law in terms of what it says literally, and who does not try to change the law by interpreting it to adapt to new principles, values, or policies.
  13. Usurped
    To wrongfully seize control of a legal and political system, and administer it in a way that is contrary to what the law requires.
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Laws as a Concept & System
Laws as a Concept & System
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