Lawyers are storytellers who face super strain to influence judges and juries of the rightness of their stories. Zealous advocacy has long been a touchstone in lawyering, but attorneys must steadiness zealousness with candor to the tribunal. As narrative and storytelling have advanced in scholarship and follow as powerful instruments for persuasion, lawyers can find themselves walking a delicate ethical line. The relevant Model Rules of Professional Conduct do not present a sufficient framework for guaranteeing adequate candor in the use of narrative, particularly when contemplating the cultural and psychological power inherent in stories.
Legal Positivism: Law as Sovereign Command
If an motion did not fit into a writ, there was no remedy for such action. An instance of this is the good neighbour principle established in the case of Donoghue vs. Stevenson. The precept posits that manufacturers of products should take utmost care of their manufacturing actions to ensure that the consumption of their product doesn’t end in hurt to the buyer. This precept just isn’t enacted in a statute but is a case regulation which is relevant in Nigerian Courts. It regulates the connection between different unbiased nations and is normally within the form of treaties, international customs etc.
India, being a typical legislation country, derives most of its modern judicial framework from the British legal system. Peter Stein, Continental Influences on English Legal thought, 1600–1900, in Peter Stein, The Character and Influence of the Roman Civil Law 223 et seq. William Burnham, Introduction to the Law and … Read More