¶ … Rule of Law and Extra-Legal Doctrines
The rule of law does not need to be supported or expanded by "extra-legal" doctrines of morality. The laws as they exist today in this country are based upon a system of morality that has evolved over thousands of years. Our laws embody this system of morality and do not need to be supported by other doctrines of morality. Moral notions of good and bad laws exist to prevent the government from abusing the rights of its citizens. In order for the rule of law to allow a government to exercise power, governments should not execute laws in arbitrary fashion. Those who make and enforce the law are themselves bound to adhere to it. "The legislative department shall never exercise the executive and judicial powers or either of them: the executive shall never exercise the legislative and judicial powers, or either of them: the judicial shall never exercise the legislative and executive powers, or either of them: to the end it may be a government of laws and not of men" (Massachusetts Constitution, Part the First, art. XXX, 1780).
The rule of law implies that government authority may only be exercised in accordance with written laws, which were adopted through an established procedure. The government is responsible for maintaining civil order and peace through a system of generated rule. No individual should be punished if that individual doesn't know the law. The rule of law implies that individuals must know the law in order to be punished. This principle is intended to be a safeguard against arbitrary rulings in individual cases. The concept of "rule of law" per se says nothing of the "justness" of the laws themselves, but simply how the legal system upholds the law. As a consequence of this, a very...
International Business Law -- Recognition International Recognition Law -- Recognition The number of states in the world map is constantly increasing. In the beginning of 20th century it was fifty five, in the middle it touched the figure of seventy five and by 2005 it soared up to 200 in total (Crawford, 2006). With increase in number of states, the concept of state recognition is also emerging on the international platform, where
Contracts Law: Disney World Jurassic Park Amusement Ride The first question at issue in this study has to do with the termination of an employee for poor sales performance who entered into a non-compete agreement with the company, specifically that of Disney. The employee, Simpson agreed that he would not directly or indirectly compete with Disney as an agent, employer, broker, or contractor for one year from the date of termination.
Law in Business Source: Saunders, K. M., & Golden, N. (2018). Skill or secret? — the line between trade secrets and employee general skills and knowledge. Journal of Law and Business, 15(1), 61-99. This article primarily focuses on how employees should treat trade secrets legally. The authors argue that as agents or former agents of companies, employees should not disclose trade secrets or any other important confidently information to anyone. Neither should
equitable doctrine of confidence in Australia Currently there are no statutory laws that grant the "right to privacy" to individuals or corporations in Australia. Further, the common law from 1937 case of Victoria Park Racing and Recreation Ground Co Limited v Taylor up until 1973 with ABC v Lenah Game Meats and Giller v Procopets , identification of the right to privacy is essential to the Australian courts. However, international instruments such as the
United States has had varying sales laws across its states thus making interstate sales contracts difficult to initiate and monitor. In this regard, following the increasing complexity of these contracts, attempts were made to create a multidisciplinary body of regulations regarding business transactions; this led to UCC's formation in the 1940s. Therefore, this paper highlights scenarios where the regulations outlined in the UCC are applicable. Maurice Suing the Developer Merely because
Breach of Contract and Failure of Consideration: Black is only obligated to pay the original $150,000 for the equipment. As a fundamental principle, courts do not interfere with the terms or obligations of contracts merely because one of the parties regrets the deal he made. The fact that market prices or other external circumstances reduce the value of the contract to one of the parties is not a legal justification to
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