Although they disagree on many different points, these writers all acknowledge that law is essentially a matter of social fact. Some of them are, it’s true, uncomfortable with the label “authorized positivism” and therefore hope to flee it. Lawyers typically use “positivist” abusively, to sentence a formalistic doctrine according to which law is all the time clear and, nevertheless pointless or incorrect, is to be rigorously applied by officials and obeyed by subjects.
Second, the accused should have the requisite malicious intent to do a legal act, or mens rea (responsible thoughts). However, for so referred to as “strict liability” crimes, an actus reus is enough. Criminal systems of the civil law tradition distinguish between intention within the broad sense (dolus directus and dolus eventualis), and negligence. Negligence does not carry criminal duty until a particular crime provides for its punishment. Significant to the apply of legislation within the frequent law tradition is the legal research to find out the present state of the regulation.
The mission of the Law and Justice Studies Program at Wesley College is to arrange students for careers in paralegal, felony justice, and law related fields, as well as for continued studies in graduate or … Read More