scholarly journals Quantifying Legal Entropy

2021 ◽  
Vol 9 ◽  
Author(s):  
Ted Sichelman
Keyword(s):  
Information Theory ◽  
Information Content ◽  
Legal System ◽  
Legal Systems ◽  
Information Costs ◽  
Precise Quantification ◽  
The Law ◽  
Legal Contexts ◽  
Definition Of ◽  
Quantitative Definition

Many scholars have employed the term “entropy” in the context of law and legal systems to roughly refer to the amount of “uncertainty” present in a given law, doctrine, or legal system. Just a few of these scholars have attempted to formulate a quantitative definition of legal entropy, and none have provided a precise formula usable across a variety of legal contexts. Here, relying upon Claude Shannon's definition of entropy in the context of information theory, I provide a quantitative formalization of entropy in delineating, interpreting, and applying the law. In addition to offering a precise quantification of uncertainty and the information content of the law, the approach offered here provides other benefits. For example, it offers a more comprehensive account of the uses and limits of “modularity” in the law—namely, using the terminology of Henry Smith, the use of legal “boundaries” (be they spatial or intangible) that “economize on information costs” by “hiding” classes of information “behind” those boundaries. In general, much of the “work” performed by the legal system is to reduce legal entropy by delineating, interpreting, and applying the law, a process that can in principle be quantified.

The Ethical and the Juridical in Reversal of Fortune and Terror’s Advocate

2019 ◽  
pp. 105-128
Author(s):  
Edward Lamberti
Keyword(s):  
Emmanuel Levinas ◽  
English Language ◽  
Real Life ◽  
The Other ◽  
French Language ◽  
Legal Systems ◽  
The Law ◽  
Definition Of ◽  
Film Style ◽  
Reversal Of Fortune

Chapter 5 considers Barbet Schroeder’s English-language American true-life drama Reversal of Fortune (1990) and his French-language political documentary Terror’s Advocate (2007), two films about lawyers and legal systems. Desmond Manderson refers in his collection Essays on Levinas and Law: A Mosaic (2009) to the ‘mosaic’ of a Levinasian approach to the law, as, sceptical of legal systems but devoted to justice, Emmanuel Levinas posits an ethics that refuses to crystallise into a prescriptive view of how the law should work in respect of the Other. I argue that these two Schroeder films, with their multi-faceted, ‘mosaic-like’ styles and structures, perform this fractured Levinasian refusal to settle on a fixed, simplistic definition of the law’s purpose. I analyse Reversal of Fortune for its multiple story strands and the different visual styles Schroeder deploys to delineate them, along with elements of performance – especially from Jeremy Irons as Claus von Bülow – that complicate questions of otherness. In discussing the documentary Terror’s Advocate, I draw on Stella Bruzzi’s work on performative documentary (2006) to explore how Schroeder uses film style to perform both the bravado of the film’s protagonist, the real-life criminal lawyer Jacques Vergès, and the Levinasian ‘mosaic’ of the legal situations he surveys.

Examples of Alternative Legal Systems in India

2019 ◽  
pp. 47-73
Author(s):  
Mahendra Pal Singh ◽  
Niraj Kumar
Keyword(s):  
Legal System ◽  
The State ◽  
Customary Law ◽  
Formal Definition ◽  
Legal Systems ◽  
Uniform Law ◽  
Definition Of ◽  
Cultural Freedom ◽  
Personal Law

There are systems of law within the Indian jurisdiction that either do not rely on the state legal system at all or rely on it only partially. These include systems of religious personal law, tribal customary law, and other similar indigenous mechanisms of administering justice and settling disputes. The formal definition of law in India, along with constitutional provisions which guarantee religious and cultural freedom and allow for modes of self-governance, accommodates different legal systems with indigenous or traditional roots. Moreover, local and village bodies such as traditional or caste councils operate in independent India as well, further questioning the rhetoric of uniform law in India.

scholarly journals Transfer of Ownership in fiducia and Trust – Preliminary Considerations on the Possibilty of Application of the Hague Convention on the Law Applicable to Trusts and on their Recognition

2018 ◽  
Vol 55 (3) ◽  
pp. 579-605
Author(s):  
Tomislav Karlović
Keyword(s):  
Legal System ◽  
Hague Convention ◽  
Roman Law ◽  
Real Property ◽  
Legal Rules ◽  
Significant Difference ◽  
The Hague ◽  
The Law ◽  
Definition Of ◽  
The Hague Convention

Considering the main characteristics of fiducia in Roman law, as well as its functions and place within the real property law and the law of obligations, two features that are also prominent in the definition of anglosaxon trust stand out. These are the fiduciary nature of the relationship between the interested parties, as fides (trust) formed the initial basis of both institutes in the period before they were legally recognized, and the transfer of ownership made for specific purpose, different from the regular enjoyment of the object by the owner. However, there is a significant difference between the two (fiducia and trust) becuase of the duality between common law and equity in English legal system. While the mutual interests of the parties to fiducia in Roman law were protected only by personal actions (actiones in personam), parties’ proprietary interests in English trust were (and still are) recognized with the parallel existence of legal and equitable title. In contemporary Croatian law of real property the closest thing to the division of titles exists with regard to the conditionally transferred ownership as regulated in Art. 34 of Ownership and Other Proprietary Rights Act, entaling the division on prior and posterior ownership, both of which can be entered into Land registry and other registries. In the article it is analysed how this division and the following registration of both titles could allow for the effects to be given to trusts, in case it would be pondered on the benefits of accession of Croatia to the Hague Convention on the Law Applicable to Trusts and on their Recognition. Accordingly, after the exposition of Croatian law, it is given a short overview of English trust with emphasis on trusts of land and, subsequently, of the rules of the Hague Convention on the Law Applicable to Trusts and on their Recognition. In the conclusion it is argued that perceived incompatibility of trust with civilian legal system can be overcome in Croatia with the help of extant legal rules regarding conditionally transferred ownership. Also, this incompatibility has already been refuted in several European continental countries from which examples lessons should be studied and learned, what would be the next step in the deliberations on the accession to the Hague Convention on the Law Applicable to Trusts and on their Recognition.

The Effect of Foreign Law on the Law of Israel: Remnants of the Ottoman Period

1975 ◽  
Vol 10 (2) ◽  
pp. 192-206 ◽  
Author(s):  
Daniel Friedmann
Keyword(s):  
Legal System ◽  
Case Law ◽  
Legal Norm ◽  
Legal Systems ◽  
Historical Source ◽  
Foreign Law ◽  
Local Law ◽  
The Law

This series of articles is intended to deal with one aspect of the sources of Israel law, namely the influence of foreign legal systems and principles derived therefrom on Israel law and on the attempt in recent years to independent creation of local law.Foreign law constitutes on occasion an actual legal source for the law of Israel. This occurs when a local enactment refers to foreign law and makes it applicable in certain situations. In such case the foreign law which we are to apply constitutes an obligatory legal norm in Israel and is, in fact, part of the Israel legal system. In other cases foreign law influences the process of creation of local law but does not constitute a formal source of law in the Israel system. This happens, for example, when Israel case law relies for authority upon some rule established in an American decision (which is, of course, not binding in Israel) or when the Israel legislator is influenced by a principle of law derived from another legal system. We might say there that the foreign law is an historical source for the Israel rule.

scholarly journals Culture of legal techniques: key dominants in the modern Russian legal system

2022 ◽  
Vol 39 (71) ◽  
pp. 566-578
Author(s):  
Marina V. Baranova ◽  
Olga B. Kuptsova ◽  
Sergey N. Belyasov ◽  
Arturas S. Valentonis
Keyword(s):  
Legal System ◽  
Modern Society ◽  
Legal Culture ◽  
Effective Functioning ◽  
Formation Stage ◽  
Specific Analysis ◽  
The Law ◽  
Systematic Understanding ◽  
Definition Of ◽  
Modern Russian

The article is dedicated to the conceptual and specific analysis of the emergence of the culture of legal techniques under the conditions of a new technological form. The identification and analysis of key types of culture of legal techniques, allows to show their specificity following typological groups. Its systemic unity, which has its specificities, can be considered as the second dominant of the culture of legal techniques. The article further offers a primary doctrinal definition of the concept of culture of legal techniques based on the identified dominant characteristics and manifestations of the culture of legal techniques, studied in the context of the search for ways of effective functioning of the system of power and powerless principles in the Russian legal system. This phenomenon is in the formation stage. The authors have used dialectical, historical-political, formal-legal, and comparative-legal methods. It is concluded that a promising systematic understanding of the essence and meaning of the culture of legal techniques will help to improve the legal culture as a whole and thus increase the effectiveness of the law in modern society.

scholarly journals APPRAISING THE LAW OF WILLS IN A CONTRACT

2019 ◽  
Vol 3 (1) ◽  
pp. 46
Author(s):  
Emad Mohammad Al Amaren ◽  
Rachma Indriyani
Keyword(s):  
International Trade ◽  
International Law ◽  
Legal System ◽  
Critical Issue ◽  
High Stakes ◽  
Economic Exchanges ◽  
The Will ◽  
The Law ◽  
Definition Of

<p>Contracts play a significant role in both economic and commercial transactions, whether internal contract within a national legal system of a State or contract with international nature due to there is more than one legal system would be involved. As a tool that runs international trade and a means of economic exchanges across the border, it can not be denied that many practitioners have high stakes and interest through a contract. The internationality of the contract may impose its subordination to a law other than the law of the judge, and may be subjected to the international substantive rules represented in the most common rules of international law or common principles of international trade rules. Therefore, the definition of the concept of an international contract is a critical issue for the consequences of this limitation. Therefore, the appraisal between domestic and international contract is crucial to do as well as the role of the will in internationalizing the contract.</p>

Tracing the History of the Legal System in India

2019 ◽  
pp. 1-22
Author(s):  
Mahendra Pal Singh ◽  
Niraj Kumar
Keyword(s):  
Legal System ◽  
Legal History ◽  
Common Law ◽  
Legal Systems ◽  
Legal Tradition ◽  
Medieval Period ◽  
British Raj ◽  
Legal Traditions ◽  
History Of ◽  
The Law

Examination of Indian legal history illustrates the presence of multiple legal orders that coexisted in India through the ages. Moreover, certain ‘modern’ conceptions of law were present in similar forms in India before the medieval period, contrary to Western assumptions. Largely ignoring these legal traditions, the British attempted to re-give law and legal systems to the Indians. This was part of the larger project of ideologically justifying the presence of the British Raj in India. The British used India’s extant legal diversity to argue for the lack of a dominant legal tradition, leading to the introduction of British common law as the law of the land.

7. PARTICIPATION OF SECOND LANGUAGE AND SECOND DIALECT SPEAKERS IN THE LEGAL SYSTEM

2003 ◽  
Vol 23 ◽  
pp. 113-133 ◽  
Author(s):  
Diana Eades
Keyword(s):  
Second Language ◽  
Legal System ◽  
Applied Linguistics ◽  
Language Services ◽  
Current State ◽  
Police Interviews ◽  
Second Language Speakers ◽  
The Law ◽  
Legal Contexts ◽  
Access To Data

Manipulation of language is the key to all participation in the legal system. While linguists, especially sociolinguists, have been researching legal contexts for some two decades, there is still a considerable paucity of research on what happens when second language (L2) and second dialect (D2) speakers come into contact with the ‘language’ of the law. This chapter overviews the current state of theory and research on this topic. As with studies of L1 speakers, most of the studies have analyzed language in courtrooms, where access to data is much easier than in other legal settings, such as police interviews, mediation sessions or lawyer-client interviews. Most such research addresses one or more of the following questions, with the greatest concentration of research on the second and third of these: (a) What are the interpreting needs of second language speakers? (b) How are these needs being addressed? (c) What are the challenges to the provision of language services to second language speakers? And (d) How do dialectal differences affect the participation of second dialect speakers? The discussion concludes by highlighting a number of questions of crucial legal concern that need to be addressed by applied linguistics research.

scholarly journals Comparison of Indonesian and Malaysian Legal Systems in Rules, Traditions, and Community Behavior

2021 ◽  
Vol 3 (1) ◽  
pp. 15-29
Author(s):  
Siti Zuliyah
Keyword(s):  
Legal System ◽  
Behavior Patterns ◽  
Legal Systems ◽  
Legal Process ◽  
Legal Traditions ◽  
Real Behavior ◽  
Legal Structures ◽  
The Law ◽  
Process Work ◽  
And Behavior

This article aims to compare the legal system in Indonesia with the legal system in Malaysia by looking at the similarities and differences between the two countries legal systems. In this paper, we use a normative juridical approach, which is to examine the laws and regulations as well as the attitudes and behavior patterns of citizens towards the law and legal system in force in a country based on secondary legal sources consisting of legislation and other related documents. The results of the discussion conclude that in general both Indonesia and Malaysia have similarities in terms of: (1) The structure of the highest judicial institution along with the judicial institutions below it as well as the implementing institutions of statutory regulations. (2) Regulations, rules and real behavior patterns in various fields of life of the citizens concerned. (3) Attitudes towards the law and the legal system of citizens are in the form of beliefs, values, awareness, ideas and hopes that make the legal process work. Meanwhile, specifically between Indonesia and Malaysia have differences due to: (1) Legal structures influenced by local or domestic and global legal traditions. (2) Legislative regulations whose formulation is influenced by local or domestic and global legal traditions. (3) The legal process runs according to the situation, conditions and problems faced by the country concerned.Keywords: Comparison of the legal system, the legal system in Indonesia, the legal system in Malaysia. 

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