Archive for November 2013

Constitutional Theory in law

constitution lawAlong with the State’s theory of law, the constitution is based on the historical flashback has been around since ancient Greece. It is based on the theory of state law when it was developed by Plato and Aristotle, teacher and pupil, dubbed as The Philosopher. Plato, for example, the Republic argues that it is possible to realize the ideal state to achieve the good of the cored goodness. For that power should be held by people who know the good, ie a philosopher (The Philosopher King). The Philosopher King is required to teach and promote policies that will ensure the implementation of good governance and justice.

In his book, The Statesman and The Law, Plato expressed his views on the rule of law. According to him, the government is able to prevent the deterioration of one’s power is rule by law. In The Law, the law is logismos or reasoned thought (mind that makes sense) that is formulated in the state decision.

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Enforceability and Validity of the Power Law

powerLaw will be the object “dead” if it does not have the power or strength of force. Therefore thinker Hans Kelsen as strongly emphasizes the importance of legal positivism, that the law was separated from the elements of social sciences, such as sociology, anthropology, economics and politics. Kelsen distinguishes between legal enforceability and validity of the law.

Element of coercion that exist in the law is not a compulsion psychic, but the fact that the sanctions as specific actions by rules of law form. Element of coercion is relevant only as part of the content of the rule of law rather than as an individual thought process subject norm. It is not owned by a moral system. Is someone really obeying the rule of law in order to avoid legal sanctions it or not with respect to the enforceability of the law.

Legal validity according to Kelsen is the existence of specific norms. Norma said to be valid if it is a form of expression that assumes the existence of such norms has binding force (binding force) pressure through sanctions against the actions of a regulated, commanded or forbidden. Rule is the law. And valid law is the norm.
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Penitentiary Law

peniten lawPenitentiary legal scope will never be separated in terms of criminal and penal. Criminal is sorrow / suffering intentionally inflicted by the state (through the courts) in which it is worn on the plight of someone who have violated the criminal law. The criminal justice process is the structure, function, and decision-making process by a number of agencies (police, prosecutors, courts and correctional institutions) with respect to the handling of offenders.

While sentencing a criminal punishment as a legitimate effort based upon the laws to impose suffering on the plight of a person through the criminal justice process proven legally and convincingly guilty of committing a criminal offense. So talking about criminal punishment and sentencing talking about the sentencing process itself.

Criminal be imposed on a person who committed a criminal offense, criminal as well as serve as a social institution. In this criminal case as part of a social reaction when there is a violation of applicable norms, the norms and values that reflect the structure of society is a symbolic reaffirmation of offenses against “collective conscience” as a form of dissent against certain behaviors.

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Choosing The Right Lawyers / Advocates Service

Advocate or who is more familiar with the word attorney is a noun , the subject . In practice, well known with the term legal consultant. it means a person who commits or give advice to others and pembelaa pertinent settlement of a legal case .

Well, lately the increasing number of attorneys who have sprung up to make us sometimes difficult to determine attorneys where that bullet and according to our needs .

Here are couple of tips that allow you to use the services of a attorney :

1 . Make sure you use a attorney who wanted to have an official permit legal practice attorney

2 . You identify a criminal or civil case . Mindless not every attorney has the proficiency in 2 things

3 . Make sure that the attorney does not have a conflict of interest or conflict of interest in your case

4 . Always carefully in order to avoid the kong kalikong between attorney or advocate or attorney you and your opponent in that case you have to offer

5 . have an ethical , moral and hard work in facing your case

6 . check beforehand attorney who would you appoint has never been involved in a legal malpractice

7 . a good idea to consult first before using the services of a attorney

For good legal service, choose Cincinnati Attorney

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