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t. e. The Spirit of Law (French: De l'esprit des lois, originally spelled De l'esprit des loix[1]), also known in English as The Spirit of [the] Laws, is a treatise on political theory, as well as a pioneering work in comparative law by Montesquieu, published in 1748. [2] Originally published anonymously, as was the norm, its influence outside ...
Judicial economy or procedural economy[1][2][3] is the principle that the limited resources of the legal system or a given court should be conserved by the refusal to decide one or more claims raised in a case. For example, the plaintiff may claim that the defendant 's actions violated three distinct laws. Having found for the plaintiff for a ...
The letter of the law and the spirit of the law are two possible ways to regard rules or laws. To obey the letter of the law is to follow the literal reading of the words of the law, whereas following the spirit of the law is to follow the intention of why the law was enforced. Although it is usual to follow both the letter and the spirit, the ...
The rule of law is a political ideal that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. [2][3] It is sometimes stated simply as "no one is above the law". [4] The term rule of law is closely related to constitutionalism as well as Rechtsstaat.
Federalist No. 47 is the forty-seventh paper from The Federalist Papers. It was first published by The New York Packet on January 30, 1788, under the pseudonym Publius, the name under which all The Federalist Papers were published, but its actual author was James Madison. This paper examines the separation of powers among the executive ...
Law and economics, or economic analysis of law, is the application of microeconomic theory to the analysis of law. The field emerged in the United States during the early 1960s, primarily from the work of scholars from the Chicago school of economics such as Aaron Director, George Stigler, and Ronald Coase. The field uses economics concepts to ...
era. The Lochner era was a period in American legal history from 1897 to 1937 in which the Supreme Court of the United States is said to have made it a common practice "to strike down economic regulations adopted by a State based on the Court's own notions of the most appropriate means for the State to implement its considered policies". [1]
Wesley Newcomb Hohfeld. Wesley Newcomb Hohfeld (August 9, 1879 – October 21, 1918) [1] was an American jurist. He was the author of the seminal Fundamental Legal Conceptions as Applied in Judicial Reasoning and Other Legal Essays (1919). During his brief life, he published only a handful of law review articles.