Why Is Legal Method Important
Legal writing is an art that should not be taken for granted. The importance of writing has been demonstrated in articles, letters, magazines, agreements, essays, reports, court cases, etc. These legal writings assist scholars in their legal work. Writing is not an innate skill and therefore needs to be developed. Good legal drafting must be precise, short, clear, orderly and original. The main purpose of studying the legal method is to enable students to plead like a lawyer. Therefore, it is paramount that legal considerations are discussed so that students understand their concept. It is the legal reasoning that determines whether the law applies to general or specific circumstances without being fluid, because there is a lack of direction or focus. The government uses this method to regulate society by enacting civil laws that result in civil penalties, and also provides remedies for false parties through the civil justice system.
Some of the remedies under this technique include: damages, injunction, specific enforcement, restitutio in integrum, etc. It is also the lawyers` method of arguing on how to settle disputes, improve the law, the individual and society. There are three methods of legal reasoning/logic that are typically used by lawyers to support their argument. In a legal sense, common laws are laws developed from the common law judicial system of King`s Bench, the Court of Common Pleas and the Exchequer Court. Common law arose after the Norman Conquest of 1066 AD. This method of social control is one in which the government regulates the activities of private companies to protect its citizens in order to avoid exploitation of citizens. Actions taken by the government include: licensing, inspection, warnings, suspension, litigation or prosecution as a last resort, etc. The government has also created some regulatory bodies such as the Joint Admissions and Regulation Board, the language of the law does not mean entirely new language, but a combination of words or phrases typically used in written or oral form by lawyers to convey legal thoughts and arguments.
The judiciary is the third branch of government, composed of judges from a jurisdiction who administer the law in accordance with the laws of the land. In legal language, this means the temple of justice. Since some law students are likely to become lawyers, it is therefore important for them to understand how legal reasoning works in court cases. A library catalogue can also be used by a researcher to find relevant documents. They are usually located at the entrance of the library or wherever they can be easily found. They can be in electronic form, printed, etc., but the most important form is the card form. Whatever the form, materials can be found there by knowing the author, theme or title, but the most important of these is the title entry. There is usually a card for the author, the theme, the title, all in the same book. However, literary works are not included in the library catalogue under their themes. In summary, with the introduction of this review, we want to stimulate methodological debate both in legal research and in legal education.
It provides a platform for general theoretical contributions as well as for concrete reflection on research and teaching in legal practice. In this way, an interesting exchange can take place not only between theory and practice, but also between different scientific approaches. By combining different perspectives – traditional legal research with interdisciplinary research, jurisprudence with legal practice, legal education in various forms of higher education – new developments in legal research and education are encouraged. Therefore, positive law is any law promulgated by the sovereign or by persons legally authorized to enact such laws that have a binding effect on the people in general. The debate on methodology is closely linked to debates on the nature of the case law itself, in particular on whether it can be descriptive or necessarily normative. The characterization of the discipline also has important implications for the link with the (social) or humanities (e.g., ethics, rhetoric, legal and political philosophy). This journal is a forum for all methodological topics of law and jurisprudence. It offers lawyers and jurists from other disciplines studying law the opportunity to discuss methodological issues in legal research and education in a more in-depth and systematic manner than is customary in other legal journals.
The debate on the legal method has only just begun and certainly requires further reflection and development in relation to other disciplines such as history, linguistics and philosophy. The term “legal method” contains two words – “legal” and “method”. The word “legal” means something that has to do with the law, while the word “method” means a way or procedure of doing something in an organized and planned manner. Therefore, the legal method is defined as the way of doing things in relation to the law in society. Examples of prominent legal positivists include Jeremy Bentham, John Austin, Joseph Raz, etc. Examples of positive laws are the Constitution, the Penal Code, the Law on Companies and Parents, etc. The strict application of the doctrine has been criticized for leading to dictatorship, anarchy, tyranny and despotism. The journal Law and Method in Legal Research and Education (Recht en methode in onderzoek en onderwijs, “ReM”) publishes articles not only on academic legal research methods, but also on practical legal methods such as methods of legislation, legal interpretation and legal argumentation.
As editors, we are interested in contributions that reflect the practice of lawyers and jurists: what are the main methodological issues they face and how can they be addressed? In addition, legal education is an important topic addressed in this review. What methodological advice should be given to future lawyers? How can we design an educational program for teaching legal methods that is suitable for university law students and/or law students in other types of higher education institutions? The principle of legal personality was introduced in Salomon V Salomon (1897) AC 22, where Salomon, who had been an individual trader for many years, founded Salomon and Co Ltd and sold his leather manufacturing business to that company. The only shareholders were him and his family members, he lent money to the company. As a result, the company fell into a financial crisis and it had to be decided whether Salomon, the secured creditor should be paid first or external creditors. Lawyers for the external creditors argued that Salomon and Co Ltd was a deception and was identical to Salomon. Solomon lost in the Court of First Instance and the Court of Appeal, but won in the House of Lords, where it was decided that Solomon and society were different personalities, so Solomon should be paid first.