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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.

conventional interest | conventional law

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17:35
@LawIsForPeasants: while charlie kirk's facts do not care about your feelings, just know that I do!
texaslawhopefully
17:36
@Dkk: Fair enough, but if you're using political philosophy to defend Trump, it's hard to reconcile him as a candidate with very relevant classic political theory, like Locke's individual rights and limited government as illustrated in the 2nd treatise, or the constitutional framework limiting executive power (e.g., Federalist 51). Trump's disregard for constitutional checks and populist rhetoric directly is in tension with our very foundational principles.
Dkk
17:36
@SplitterusClitterus: sounds good. Trying to paint a wine glass rn anyway after I just woke up.
Dkk
17:37
@texaslawhopefully: Psssh I would not use gender relations as a way to defend Trump. He does not go that route and I think literally him and everyone in their cabinet has no idea what those are. I mean, just look at how many divorces Elon and Trump have had.
texaslawhopefully
17:38
Was that not why you said you voted for him?
17:38
@KnowledgeableRitzyWasp: can I ask what “2 years retroactive withdrawals” means
17:39
elon and trump realize there are many fish in the sea, and sometimes u can't just 'make it work'
@sadpadresfan: grades changed to W for two consecutive years of classes
Dkk
17:39
Nah, I did not vote. I have never voted in my life because I have a lot of issues with it. 4 years ago my mom filled out my ballot for me because she wanted to but I do not vote.
17:40
based fellow non voter
@llama i do not need or desire external validation.
17:40
@KnowledgeableRitzyWasp: ah I see
17:41
@LawIsForPeasants: ok, sorry, I will not bother u while u 'self validate yourself in the corner' my bad.
@llama: im self validating so hard rn
17:42
@KnowledgeableRitzyWasp: thats very ithica of you, wasp.
texaslawhopefully
17:44
@KnowledgeableRitzyWasp: Out of curiosity, since you're in law school and prolly know fedsoc people, how conservative do you think you have to be to be in fedsoc? Like is a david french sort of conservative fairly common in it, or is it the maga type people mainly
i dont interact with any fedsoc people, but i dont know any maga people at cornell. but the student body overwhelmingly leans left, so i think they might not be comfortable showing that theyre conservative if that makes sense?
one time a guy kind of crashed out about masks in conlaw
but that's the most ive seen
texaslawhopefully
17:47
Yeah, that does make sense. I would like to join fedsoc, but I'm also, clearly, very opposed to Trump and where the GOP has gone.
if you join fedsoc and go for clerking and eventually become a judge. you will be pinholed into maga politics as long as maga is the predominant conservative stance
Idk if @irishdinosaur is online but congrats on UCLA!!
next you will say you want to be the first black kkk grand wizard
@SaddestPortlander: tysm!!!!
texaslawhopefully
18:00
yes congrats irishdinosaur! that's incredible
18:03
@IrishDinosaur: you inspire me and my completely misguided cope that I might ever get into UCLA
Super big congrats irish!!!
Also pretty much agree with Wasp. I think it’s more about getting the political/judicial position as a Fedsoc member that will likely require a stance siding with whatever the conservative majority party is at that time.
texaslawhopefully
18:07
Yeah, that's fair. I guess I need to think about it more assuming I start law school in the fall. I really want to clerk and that seems like the best option.
BUT i think once you get the position, you’ll have more leeway in making decisions more liberally. Sort of like how ACB and Gorsuch sometimes swing left after being portreayed in the media as far right (not sure if that was actually the case though).
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