Conventional Law in Jurisprudence

 

Conventional law, also known as positive law or enacted law, is a term used in jurisprudence to refer to the body of legal rules and principles that are created and enforced by a recognized authority, such as a legislature or a court. It is the opposite of natural law, which is based on moral and ethical principles that are believed to be inherent in human nature.

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Conventional law encompasses various types of laws, including constitutional law, statutory law, administrative law, and case law. Each of these types of laws plays a crucial role in the legal system and contributes to the overall body of conventional law.

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Constitutional law is the highest form of conventional law as it establishes the fundamental principles and framework for a country's legal system. It defines the powers and limitations of the government, outlines the rights and freedoms of individuals, and sets out the structure and functions of different branches of government. Constitutional law is typically codified in a written constitution or a series of constitutional documents.

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Statutory law refers to laws that are enacted by a legislative body. These laws are created through a formal legislative process, which involves proposing, debating, amending, and ultimately passing legislation. Statutory laws cover a wide range of areas, such as criminal law, civil law, family law, contract law, and property law. They are usually published in official legal codes or statutes.

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Administrative law deals with the rules and regulations that are created by administrative agencies or bodies. These agencies are authorized by the legislature to implement and enforce specific laws within their respective jurisdictions. Administrative laws govern various aspects of public administration, including licensing, permits, regulations, and procedures. They are designed to ensure that administrative agencies act within their delegated powers and comply with procedural fairness.

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Case law, also known as common law or judge-made law, refers to legal principles that are derived from judicial decisions. When courts interpret and apply statutory or constitutional provisions to resolve disputes, they create precedents that become binding on lower courts within the same jurisdiction. Case law plays a significant role in shaping and developing the law, as it provides guidance and clarification on how legal principles should be applied in specific situations.

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The development and application of conventional law are influenced by various factors, including social, political, and cultural contexts. Legal systems differ across countries and jurisdictions, reflecting the unique history, values, and traditions of each society. However, there are also commonalities and similarities in conventional law principles that can be observed across different legal systems.

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In conclusion, conventional law refers to the body of legal rules and principles that are created and enforced by a recognized authority. It encompasses constitutional law, statutory law, administrative law, and case law. These different types of laws work together to establish a comprehensive legal framework within a jurisdiction.

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