65

The answer from @user6726 is a good one. But, I'd like to add to it by pointing out that the body of law applicable to an individual is usually much, much smaller than the entire body of law. I'm a lawyer who has been in private practice for almost 25 years with an extreme diverse practice compared to the average lawyer, and I've never even looked at perhaps ...


28

This is a difficult question in the philosophy of law, which in some views of what "law" is, is outside the scope of law (that's the view that "the law is whatever is enacted by the government" perspective). In what is generally known as the natural law perspective, "what the law is" flows from general moral principles, so you would know that murder is wrong,...


15

Who is supposed to teach the law to the citizens? Each individual is responsible for educating himself or herself on the law. That is one condition the individual needs to meet for living in, and preserving, a civilized society. But it is a crucial prerequisite for a government to ensure that its laws are accessible, intelligible, and applied consistently. ...


8

Those exceptions exist for England and Wales. Simester and Sullivan’s Criminal Law (2019 7 ed) p. 27. The criminal law is not there solely to tell police and judges what to do after someone offends, but also to tell citizens what not to do in advance. As such, it is not enough for there to be a law in place before people can commit a crime. They ...


6

I don't know what you mean by "deal with it". I presume you are not asking how to psychologically cope with the contradiction in conclusions, instead the question is how to evaluate two or more answers, both of which might be wrong. IMO the appropriate question is, what is the best-supported answer. The most important thing to do is not decide that based on ...


6

Law is more like sport than mathematics You don’t know how it will turn out until you play the game. If a case goes to trial it’s because at both sides believe they can win. Both sides probably have good reasons for their belief. At least one of them is wrong.


5

Yes Probate law, consumer protection law and family law spring to mind.


4

This distinction was once important in English law, and other common-law systems derived from it, because common-law courts felt free to punish a Malum in Se even when there was no relevant statute, while a Malum Prohibitum would be punished only if it violated a specific statute. But today in the US, and to a large degree in the UK and other common-law ...


4

Excluding "ridiculously unacceptable conditions", it is legal to have "non-uniform" contract terms (where a company treats different classes of individuals differently), provided that the basis for distinction is not statutorily prohibited (race, religion, age, sex... depending on jurisdiction). There is a extremely slim chance that apparently legal income-...


3

While they didn't explicitly consider the malum distinction you ask about, the US Supreme Court in Roe vs Wade looked at the historical background to abortion law. The relevant part is section VI, which begins: It perhaps is not generally appreciated that the restrictive criminal abortion laws in effect in a majority of States today are of relatively ...


2

Adults are responsible for learning all laws applicable to their activities. For children, their parents or other caretakers are responsible. This is not as easy as it might seem. Most laws are obvious, do not kill/steal/vandalize etc. Unfortunately there are also some not so obvious laws. Nevertheless, each person is responsible for themselves. ...


2

Everything which is not prohibited is allowed This is the fundamental basis of the common law (and is one of the reasons that countries with a common law tradition continue to be relatively more innovative than those without). However, things do not have to be prohibited by statute to be prohibited. Judges have discretion to say that a “new” thing is ...


2

Your question is incredibly unclear and it is hard to say what you are really getting at. The big divisions in the U.S. in terms of types law are based largely upon the remedies available in each type of litigation (and it is more useful to think of litigation as a means of legal rights enforcement or requests for justice to be done, rather than in the ...


2

Would that itself raise any red flags/point out legal issues? to what end is it a "late fee" vs. "imprisonment for tax evasion?" A taxpayer's voluntary payment/filing of overdue taxes is very unlikely to lead to imprisonment or prosecution. Here voluntary means that the tax department (example: IRS in the US) did not even have to allocate resources for ...


2

Names in and of themselves cannot be trademarked in the United States (or copyrighted or any other form of IP protection) and as such, one may use a pen name that belongs to a celebrity, provided that they aren't trying to protray themselves as a celebrity. It's entirely possible for a work of fiction to be written by "Jay Wood" the author and stares a ...


1

Not sure what you mean by "would wether[sic] or not a specific item fall into a prohibited or restricted category be a question of law or a question of fact?" But if you're asking something like: "If someone is caught with drugs, when figuring out what class of drug it is, is it a question of law or fact?" The answer is it would be a question of fact. ...


1

The Military Law of the United States is collected in the Uniform Code of Military Justice and has Jurisidicition over all military service members including reserves, the Coast Guard in times of peace (when it is not part of the Department of Defense but instead DHS) and National Oceanic and Atmospheric Administration (NOAA) and Public Health Service Corp (...


1

In my line of work I have a use for "masonry", "carpentry", and other trades. I would like to somehow create a parent company that can assume all liability while simultaneously providing insurance, and other benefits to the subdivisions. So I'm thinking about it as a Parent company, with child companies owned by the parent company, I'd like to ...


1

Textualism is a school of legal interprtation. It may be contrasted with Intentionalism (and the specialized version of intentionalism known as Oraginal Intent theory), with Strict Constructionism and the Living document or Living tree school. The latter is generally applied only to written constitutions and other important legal documents that have survived ...


1

Broad strokes, textualism is one of two schools in originalism School in U.S. Constitutional Law. Textualism is the Letter of the Law vs. the Spirit in a simple form but more complex than that as Textualism which holds that the text must use the meaning as understood and makes not deference to intent of the writers. This is loosely rebuffed by Original ...


1

A legislator (a member of the legislature, a lawmaker) may introduce a proposed law for any reason or none. It may or may not be in response to a request by a member of the public. it may or may not follow a "process of reason" as to what is the best solution. It may be intended to be enacted, and the legislator may believe that it will be helpful to all, ...


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