A person who records in extenso what is said in court, usually using a stenographic, stenographic, shorthand or sound recording, and then prepares a transcript of the proceedings upon request. A written statement filed in court or an appeal that explains a party`s legal and factual arguments. Crimes are considered not only crimes against individual victims, but also against the community. [190] The state, usually with the assistance of the police, takes the lead in law enforcement, which is why cases in common law countries are called „The People v. or „R (for Rex or Regina) v…“ Even lay jurors are often used to determine the guilt of defendants in matters of fact: jurors cannot change legal rules. Some developed countries still tolerate the death penalty for criminal activity, but the normal punishment for a crime will be jail, fines, government supervision (such as probation) or community service. Modern criminal law has been significantly influenced by the social sciences, particularly with respect to sentencing, legal research, legislation and rehabilitation. [197] Internationally, 111 countries are members of the International Criminal Court, which was created to convict people for crimes against humanity. [198] Ancient India and China represent different legal traditions and had historically independent schools of legal theory and practice. The Arthashastra, probably compiled around 100 AD (although it contains older material), and the Manusmriti (c. 100-300 AD). A.D.) were basic treaties in India and include texts that are considered authoritative legal advice. [69] Manu`s central philosophy was tolerance and pluralism and was cited throughout Southeast Asia.
[70] During the Muslim conquests on the Indian subcontinent, Sharia law was introduced by Muslim sultanates and empires, notably by Fatawa-e-Alamgiri of the Mughal Empire, compiled by Emperor Aurangzeb and various scholars of Islam. [71] [72] In India, the Hindu legal tradition and Islamic law were replaced by the common law when India became part of the British Empire. [73] Malaysia, Brunei, Singapore and Hong Kong have also adopted the common law system. The East Asian legal tradition reflects a unique blend of secular and religious influences. [74] Japan was the first country to begin modernizing its Western-style legal system by importing parts of the French, but especially the German Civil Code. [75] This partly reflected Germany`s status as a rising power in the late 19th century. Similarly, in the last years of the Qing Dynasty, traditional Chinese law gave way to Westernization in the form of six private law codes based primarily on the Japanese model of German law. [76] Today, Taiwanese law has the greatest affinity with the codifications of this period, due to the split between Chiang Kai-shek`s nationalists, who took refuge there, and Mao Zedong`s communists, who took control of the mainland in 1949. The current legal infrastructure of the People`s Republic of China has been heavily influenced by Soviet socialist law, which essentially inflates administrative law to the detriment of private law rights. [77] Due to rapid industrialization, China is now in a process of reform, at least in terms of economic, if not social, and political rights.
A new treaty law in 1999 marked a move away from administrative dominance. [78] Moreover, after fifteen years of negotiations, China joined the World Trade Organization in 2001. [79] A written and verbatim record of what was said, either during a proceeding such as a trial or during another formal conversation, such as a hearing or oral statement. In 1934, the Austrian philosopher Hans Kelsen continued the positivist tradition in his book „Queen Rechtstheorie“. [51] Kelsen believed that although the law is distinct from morality, it is endowed with „normativity,“ meaning that we should obey it. While laws are positive statements (for example, the fine for reversing on a motorway is €500); The law tells us what we „should“ do. Thus, it can be assumed that every legal system has a basic norm that commands us to obey. Kelsen`s main opponent, Carl Schmitt, rejected both positivism and the idea of the rule of law because he did not accept the primacy of abstract normative principles over concrete political positions and decisions. [52] Schmitt therefore advocated jurisprudence on the exception (state of emergency), which denied that legal norms could encompass all political experience. [53] The realistic definition of right describes the law in relation to judicial proceedings. Socialist law is the legal system of communist states such as the former Soviet Union and the People`s Republic of China.
[95] Academic opinion is divided as to whether this is a separate system from civil law, given the significant divergences based on Marxist-Leninist ideology, such as the subordination of the judiciary to the ruling executive party. [95] [96] [97] After admission, a lawyer often works in a law firm, in an individual room, in a government position, or in a private company as an in-house lawyer. In addition, a lawyer can become a legal researcher who offers legal research on demand through a library, commercial service, or freelance work. Many people with legal training use their skills entirely outside the legal field. [160] The study of law and the structure of the legal system Hugo Grotius, founder of a purely rationalist system of natural law, argued that law derives both from a social impulse – as Aristotle had suggested – and from reason. [45] Immanuel Kant believed that a moral imperative requires that laws „be chosen as if they were to be regarded as universal laws of nature.“ [46] Jeremy Bentham and his pupil Austin, following David Hume, believed that this confused the problem of the „east“ with what should be. Bentham and Austin argued for the positivism of law; This true law is completely separate from „morality.“ [47] Kant was also criticized by Friedrich Nietzsche, who rejected the principle of equality and believed that law emanated from the will to power and could not be called „moral“ or „immoral.“ [48] [49] [50] But after all, what is a law? […] When I say that the purpose of laws is always general, I mean that the law considers subjects en masse and actions in an abstract way and never a specific person or action. […] From this point of view, we can immediately see that we can no longer ask who should legislate, since these are acts of general will; nor if the prince is above the law, since he is a member of the state; nor whether the law can be unjust, since no one is unjust to himself; nor how we can be both free and subject to the laws, since they are only registers of our will. Contract law concerns enforceable commitments and can be summed up in the Latin expression pacta sunt servanda (agreements must be respected).
[199] In common law systems, three key elements are required for the formation of a contract: offer and acceptance, consideration and intention to establish legal relationships. In Carlill v. Carbolic Smoke Ball Company, a medical company announced that its new miracle drug, Smokeball, would cure people`s flu, and if not, buyers would receive £100. Many people have sued for their £100 when the drug didn`t work. Fearing bankruptcy, Carbolic argued that the announcement should not be understood as a serious, legally binding offer. It was an invitation to treat, a simple puff, a gadget. But the Court of Appeal concluded that Carbolic had made a serious offer to a reasonable man, which was underlined by his reassuring statement: „£1,000 is deposited“. Similarly, people had considered the offer well by addressing the „obvious disadvantages“ of using a defective product. „Read the ad the way you want and run it the way you want,“ Lord Justice Lindley said, „here is a clear promise expressed in language that is completely unambiguous.“ [200] Until the 18th century, Sharia law was practiced throughout the Muslim world in an uncodified form, with the Mecelle Code of the Ottoman Empire in the 19th century being an early attempt to codify elements of Sharia law.
Since the mid-1940s, efforts have been made country after country to adapt Sharia law more closely to modern conditions and ideas. [114] [115] In modern times, the legal systems of many Muslim countries are based on civil and customary traditions as well as Islamic law and custom.