Law is a set of rules or standards that govern human behavior in a society. People are supposed to abide by these laws and follow them to help in the betterment of the society.
In most nations, Law is made by the government to protect people and their property. The government is also the authority that gives orders to the police and other agencies that enforce these rules.
There are many different types of law that govern a nation and its people. These include immigration and nationality laws, social security laws, family laws and business law.
Some of the basic principles in law are: respect for life and property, freedom from oppression, a right to privacy, the right of fairness, and the rule of law. These principles are used to make decisions about a range of different issues in the world, such as the right of immigrants to live and work in a country they don’t belong to, or the rights of children to grow up in a healthy environment.
Legal rights are a system of norms that primarily function to regulate the exercise of specific acts and activities (Raz 1979: 105-121). They exhibit institutional features originating from their dominant practical orientation; their claim to supremacy over other systems of norms, which are often found in non-legal institutions; the vastly greater range of activities that fall within the domain of law; the compulsoriness of law’s norms; and, the wide-ranging range of remedies, sanctions, and violence that it frequently employs.
Claims, privileges and powers are all Hohfeldian positions that operate to provide right-holders a measure of normative control over themselves or others (Sumner 1987: 27-30). Claim-rights, in particular, provide a “small-scale sovereign” power over some domain, by granting the right-holder the ability to change certain duties that other parties have owed to him.
These rights can be either active or passive. Some, like claim-rights, are only exercised by right-holders, while other, such as immunity-rights, are not actively enjoyed by the right-holder at all.
In all four Hohfeldian positions, the claim-right is most closely associated with the Will Theory of rights (Hart 1982; Lyons 1970; Sumner 1987). According to this theory, rights function to grant right-holders a measure of control over themselves and/or other people, by providing them with options for how they can or cannot act.
The Will Theory of rights, however, does not fit well with some other Hohfeldian normative positions, such as privileges and powers. Nevertheless, the Will Theory still fits well with claims and immunities.
Procedural rights are norms that govern how other rights can or should be created, decided on and applied in a particular case. These include rights to a hearing, trial by jury, confronting witnesses, receiving notice of accusations, appeals, finality, evidentiary rights, and many more.
Most typical law review articles clarify what the laws are, examine them, assess their status quo and present reform proposals to improve the law. They often draw on cases, statutes and political debates to develop their theories. They also frequently use examples, but these are often selected unsystematically. In this project, we aim to improve the research design, case selection and case analysis methods of legal scholars. This will make their theoretical arguments more plausible and, at the same time, make it more likely that they will be able to convince their readers of the accuracy of their theories, especially when there are alternative explanations.