Generally speaking, the term law refers to the rules of conduct that are applied by the courts, legislative bodies, and other governmental bodies to establish and regulate social and political institutions. The law is generally broken down into five parts: statutory law, public law, common law, civil law, and criminal law. Among them, the common law has been the most developed. It is based on the rule of law, the separation of judicial power from the legislative and executive authority, and the legalization of the personal realm.
Rule of law
Generally speaking, Rule of Law is a political philosophy that demands that government operate within a legal framework. It also demands that citizens respect legal norms and accept legal determinations of rights.
Moreover, Rule of Law is a legal system that ensures that all people have access to protection and justice. It is also a form of political philosophy that aims to minimize the asymmetry of political power.
Rule by judges
Using a rule by judges in law has been around for centuries, but it’s not always the right way to go. The Judicial Code has rules designed to provide guidance to judges and disciplinary agencies, but these are not meant to provide a basis for criminal prosecution.
In 1917, Oliver Wendell Holmes Jr. outlined the most important judicial concepts. His model was a bit different, though. Rather than relying on precedent, his model relied on the use of an analogy to ancient precedents.
Rule by general norms
Generally speaking, rule by general norms is a concept of defining rules and regulations, which are enforceable by social institutions. It is not to be confused with a legal system where law has only the legal authority to enforce it. In this context, the rules themselves are invariably the result of political decision making.
Accessibility and intelligibility
Historically, the concept of intelligibility of law has been approached in two ways. One was a comparative law approach that sought to compare the terminology of laws of different countries. The other approach, which is the one being explored in this paper, uses a logical-semantic approach to analyze an in-depth theory of intelligibility of criminal law.
Courts of equity
Historically, there have been two types of courts in law, one that handles legal matters and one that handles equitable remedies. These courts are also called chancery courts.
The chancery court was created in England when citizens argued that some situations were not covered by the law. The court ruled on petitions and granted orders that bound individuals.
Separation of judicial power from executive and legislative authority
Using the doctrine of separation of powers, the federal government divides its responsibilities into three branches. The legislative branch makes laws, the executive branch enforces them, and the judicial branch interprets them. The purpose is to prevent arbitrary powers and to prevent the concentration of power.
The United States Constitution establishes the separation of powers. The judicial branch interprets the laws and reaches decisions. It is independent of the elected branches in fulfilling its duties.