babycat
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LSDefine
Simple English definitions for legal terms
conventionalism
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A quick definition of conventionalism:
Conventionalism is a way of thinking about the law. It means that people should follow the rules that have been established by their community, even if they don't agree with them. This is called the positive part of conventionalism. It also means that there is no law unless people agree on what the law is. This is called the negative part of conventionalism. So, if people can't agree on what the law is, then there is no law about that issue.
A more thorough explanation:
Conventionalism is a legal concept that says law is based on following established rules and traditions. It means that judges must respect the legal conventions of their community, even if they personally disagree with them. This is because the law is created by past political decisions and the techniques used to interpret them, which are also based on convention.
For example, in Britain, acts of Parliament are considered law because that is what convention dictates. Even if a judge thinks a particular act is unfair or unwise, they must still enforce it because it is part of the established legal conventions of their community.
Another example of conventionalism is the idea that there may be some issues where there is no clear law or right answer. This is because the law is based on convention and tradition, and there may not be a clear convention or tradition on a particular issue.