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The most basic notion in the economic analysis of law is efficiency; illustrate and explain

1. Introduction: The economic interpretation of law advances a bold thesis: this is that many areas of the law can be understood to be concerned with the promotion of efficiency. The thesis has both a descriptive and a normative aspect. ...

Classical Theory and Law

Cotterrell If there was a new law that was fully ratified it doesn’t necessarily mean that it will reach the crts (issue with regard to it may never arise). Even if it does judges may not apply it by ruling ...

Modern positivism: Kelsen’s Pure Theory of Law

Kelsen credited with drafting the Austrian Constitution after WW1 In the early positivist writings, of Bentham and Austin, the crucial ingredient of law is coercive and imperative. Ehrlich criticises the idea of coercion as a crucial ingredient arguing that such ...

The Emergence of Legal Positivism.

Legal positivism presented as if they are able to say what law is, however, NLT do this as well as considering the ethical element. P- its basic method is descriptive. They seek to set down essential elements of the legal ...

Common law & State law, their success ,failure ; illustrate and explain.

A. Blackstone: 1. Introduction: In the late eighteenth century English law was a combination of common law and statute law. The volume of law enacted by parliament was increasing rapidly, but the common law was still the predominant element, and ...

Subjective recklessness is more important, and can be regarded as the standard variety of recklessness

1. Introduction: There are two definitions of recklessness known to English law: subjective /adevertent/Cunningham recklessness, and objective/inadvertent/Caldwell recklessness. Of the two, subjective recklessness is more important, and can be regarded as the standard variety of recklessness. Some crimes use one ...

‘Omission’ illustrate and explain

1. The voluntary Act requirement: Usually you cannot commit a crime without doing an act. Sitting in a room thinking the most evil of thoughts and tricks the most heinous of plans is not an offence. Not only must there ...

‘Mistake’ illustrate and explain

Lecture: The contrast between principles and policies. Principles focused on D’s desert and culpability what’s fair to punish the D, issues of liability, the D conduct justify what is it?Policy concerns- the criminal liability-the problem is that if you only ...

Is provocation a defence? illustrate and explain

1. Introduction: Provocation is a defence only to murder: Bruzas. If the defence is successful then the defendant is still guilty of manslaughter. For other offences, such as assaults, the fact that the defendant was provoked into attacking the victim ...

“The Recklessness” it’s explanation, problem & solution.

1. Introduction: There are two definitions of recklessness known to English law: subjective /adevertent/Cunningham recklessness, and objective/inadvertent/Caldwell recklessness. Of the two, subjective recklessness is more important, and can be regarded as the standard variety of recklessness. Some crimes use one ...

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