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Law

Law

Natural law theory

August 10, 2011



The theory of natural law is a legal and philosophical belief in where all are governed by innate basic laws or the laws of nature, which are separate and distinct from the laws that are legislated. Laws are sometimes referred to as “positive laws” within the framework of the theory of natural law, to make a clear distinction between natural and social laws. the theory of natural law has greatly influenced the laws and the governments of many nations, including Britain and the United States, and is also reflected in publications such as the Universal Declaration of Human Rights.

The origins of natural law theory are found in ancient Greece. Many Greek philosophers discussed and codified the concept of natural law, and played an important role in the Greek government. Later philosophers such as Thomas Aquinas, Thomas Hobbes and John Locke based on the work of the Greeks in the natural law. Many of these philosophers used natural law as a framework to criticize and reform the substantive law, arguing that positive laws are unfair under the principles of natural law and legally insufficient.
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10 Tips to be a good advocate for entrepreneurs

Here some thoughts on what I think right from the origin of the characteristics that a lawyer who advises entrepreneurs should have.

The title attorney this article can be changed by any other profession related to commercial ventures, such as an accountant, architect, designer or clerk and would be similar.

10 characteristics sought by entrepreneurs who hire professionals to advise

1 .- You have to know that it is NEVER only business is always personal and

2 .- There is no risk-free advice. The entrepreneur must be advised in a dynamic environment, with a primary resource constraints and taking into account the information provided is asymmetric.
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Natural Law vs Positive Law?

From ancient Greece to today, the issue of natural law and positive law has occupied the attention and thinking of philosophers, lawyers and political scientists. The debate is twofold: first, what is the concept of natural law and, second, what right is more important and therefore which of them should prevail over the other.

For the monist, there is no doubt or accept the hegemony of one or accept the other right.Paraaquellos to be equivalent rights (positive law and natural law), the problem would arise in case of any conflict between its rules and, anyway, would be the monistic approach to having to decide what law should apply.

INFORMATION

Positive law is the law of the state that is developed through the legislature and which corresponds to a particular society and a tiempodeterminado. The obligatory link is what gives character to the right place. For juspositivistas, this is the only right that exists, “Right,” there is no more.
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What is Social Justice?

The definitions of social justice based on a variety of factors such as political orientation, religious beliefs, and social and political philosophy. If you ask a postmodernist on this concept, he or she is likely to tell you a fairy tale that is not attainable in any way any form of society.

A general definition of social justice is hard to find and even harder to implement. In essence, social justice refers to equal justice, not only in the courts or in criminal justice, if not have to look at all aspects of society.

This concept requires that people are in a true principle of equal rights and opportunities for everyone from the poorest person in the margins of society to the rich and wealthy, they all deserve a place in society.

But what then are the words “fair” or “equity” and define equality? Who should be responsible in society to create a fair and equitable? How to implement policies of social justice? … These may be questions that even today do not have a concrete solution, much less a precise answer.
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Fundamental Principles of Civil Law

Within the legislation of the vast majority of contemporary civil law countries is the main source of law. Here come all the concepts of social laws, is also included positive law and natural law conceptions of law are primary but have much validity for any social being.

According to this concept of law, the courts base their judgments on the provisions of the codes and civil laws, also provide solutions in this particular case and as they proceed with reference to specific cases. The courts therefore standardize their function largely on the basis of general principles of the code.

The purposes of the law based on civil codes are critical in this respect, the idea is to do justice according to social functions and behaviors, taking into account what each society says is right or wrong. For these cases there is a system of “common law”, which applies in cases such as the main source of law, while statutes are only seen as incursions into the common law and therefore with a restrictive interpretation.
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