Where Do Legal Principles Come from – Asi es lo Nuestro

Where Do Legal Principles Come from

Although the concept of the rule of law dates back at least to ancient Greece, it has been discussed much more widely over the past twenty-five years. [3] Former U.S. Supreme Court Justice Anthony M. Kennedy said he did not recall the term being used often when he was studying law in the 1950s. [4] This was also this author`s experience as a law student at the same time. This work shows the feasibility of automatically identifying the legal bases and facts associated with a case citation. This feature could, for example, allow a legal professional to search not only Google for citations mentioned in a case, but also for related legal principles and facts, thus providing in-depth access and insight into the evolution of the law. It would also allow direct access to the law, rather than through the edited and structured documents provided by legal service providers. Finally, we have dealt only with access to the legal principles and facts cited, which is different from the order of precedence and the precedents associated with it, i.e. shepardisation. In future work, the source material discussed here could also be used to study the automation of construction. Better results can be achieved by redefining the guidelines for annotation to define more precisely what constitutes a fact or principle, for example the class of facts could be limited only to sentences whose purpose is to introduce facts. The introduction of additional functionalities to determine the origin of principles could help eliminate confusion between principles and neutral.

Gerken J (2016) The invention of legal research. William S. Hein and Co., Getzville Therefore, we have the power to create an overall pattern of behaviour; Therefore, the successive moments that make up the duration of life are not isolated and independent points, but become continuous parts of a whole. (Bentham 1931 [1802, 1864]: 111) It is difficult to avoid the term «rule of law» these days. Many voices around the world are in favour of the rule of law. Often the phrase is a short phrase to promote support for «regardless of the speaker`s political agenda.» [1] When this happens, the phrase resembles a chameleon and takes on the meaning that best fits the speaker`s purpose. Without a clear definition, the rule of law risks meaning virtually everything, so it means nothing at all. Marmor A (2005) Interpretation and Legal Theory. Hart Publishing, Oxford The situation has not changed much since the time of the first legal citants, as Elliott and Quinn (2013) also criticize modern judgments because they are often very long, difficult to read, and contain ratios that are «buried in the sea of irrelevant information.» Marmor (2005) notes that, overall, there is not always sufficient agreement among jurists on the jurisprudence: the main cause of error for the automatic annotation of principles was that the gold standard only annotated the principles of the cases cited, but often these were linguistically (in our machine learning approach) indistinguishable from the fundamental discussions of the current judge; that is, the principles expressed by the current judge should have been commented on as neither, but were often commented on as principles.

The term «rule of law» must be distinguished from the term «rule of law». The latter term is used to refer to a specific legal rule, such as the rule against eternity or the rule that says we must file our taxes before a certain date. These are legal rules, but the rule of law is one of the ideals of our political morality and refers to the rise of law as such and the institutions of the legal system in a system of government. an independent and impartial judiciary; the presumption of innocence; the right to a fair and public trial without undue delay; a rational and proportionate approach to the sanction; a strong and independent legal profession; strict protection of confidential communications between lawyer and client; Equality of all before the law. [31] It is also widely accepted, but not necessarily by the same people who associate legality with property, that a system of positive law that does not take into account fundamental human rights should not be interpreted by the term «rule of law».