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The end of law is not to abolish or restrain, but to preserve and enlarge freedom.
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Legal Definitions - legal science
Definition of legal science
Legal science is the academic field that systematically studies how societies create, interpret, and apply their legal systems.
It examines the fundamental rules, principles, and institutions that a community develops to achieve two main goals:
- To clearly define the rights and responsibilities that individuals and organizations have toward each other in various situations.
- To establish fair and peaceful methods for resolving conflicts and disagreements when they arise, in line with what the community considers just and equitable at a particular time.
Essentially, legal science looks at law not just as a set of rules, but as a complex social system designed to maintain order, protect rights, and resolve disputes.
Here are some examples illustrating legal science:
Studying the Evolution of Contract Law: A scholar engaged in legal science might research how contract law has evolved over centuries to define the mutual obligations of parties entering into agreements. For instance, they could analyze how modern consumer protection laws define the liabilities of sellers (e.g., for defective products) and the claims of buyers (e.g., for refunds or repairs), and how courts provide a framework for resolving disputes when goods are faulty or services are not rendered as promised. This demonstrates how legal science examines the principles that define claims and liabilities and the mechanisms for peaceful dispute resolution in commercial contexts.
Analyzing International Human Rights Treaties: Researchers in legal science might study how international treaties, like the Universal Declaration of Human Rights, establish fundamental claims (rights) that individuals have against their governments and define the liabilities of states to uphold these rights. They would also investigate the international courts and tribunals designed to resolve disputes when these rights are allegedly violated, reflecting a global community's evolving understanding of fairness and justice for all people.
Examining Property Law and Urban Development: Legal science could involve analyzing how property laws define who owns what, the claims landowners have over their property, and the liabilities they might have (e.g., zoning restrictions, environmental regulations). For example, a study might focus on how eminent domain laws allow governments to acquire private land for public use, defining the claims of the state versus the claims of the private owner, and establishing legal processes for fair compensation and dispute resolution, balancing individual rights with community needs.
Simple Definition
Legal science is a social science that studies the institutions and principles societies develop to define people's claims and liabilities. It examines how these principles are used to peacefully resolve disputes and controversies, based on what a particular community accepts as fair and right at a given time.