Positivism has its limits and its criticisms. New Testament readers may recall that King Herod, fearing the birth of a Messiah, issued a decree that all male children under a certain age were to be killed. Because it was the order of a sovereign, the decree was executed (or, in legalese, the decree was “executed”). Suppose a group seizes power in a certain place and orders that women cannot go to school and can only receive medical treatment from women, even though their condition is life-threatening and women doctors are rare. Let us also suppose that this commandment is carried out simply because it is the law and is carried out with all its might. The people who live there will undoubtedly question the wisdom, justice or goodness of such a law, but it is nevertheless a law and is generally enforced. To avoid the effects of the law, a citizen would have to flee the country completely. During the Taliban regime in Afghanistan, where this example comes from, many fled. The U.S. legal system is adversarial and rests on the premise that a genuine and living dispute, involving parties who have a genuine interest in its outcome, allows for the most vigorous legal debate on issues, and that courts should not have the power to make decisions unless they respond to genuine controversy. Therefore, federal courts are prohibited from issuing “advisory” opinions or opinions that do not relate to an ongoing case or controversy.

(These principles are based on Article III of the U.S. Constitution, which limits the jurisdiction of the Federal Court to “cases and controversies.” Unlike federal courts, some states allow cases that are not based on actual controversies to be brought and therefore do not share the federal court`s bias against expert opinion.) Related to the CLS school, but different, is the ecofeminist school of legal thought. This school emphasizes – and would change – men`s long-standing dominance over women and the rest of the natural world. Ecofeminists would say that the same social mentality that leads to the exploitation of women is the root of male exploitation and the deterioration of the natural environment. They would say that male ownership of land has led to a “culture of domination” in which man is not so much a steward of the existing environment or of those who are “subordinate” to him, but is responsible for making everything he controls economically “productive.” Wives, children, land and animals are considered economic resources, and legal systems (until the nineteenth century) largely granted rights only to men owning land. Ecofeminists would say that even with the increase in women`s civil and political rights (such as the right to vote) and with the recognition of children`s and animals` rights and some nations` concern for the environment, the legacy of the past for most nations still affirms the primacy of “man” and his domination of nature and women. The common law legal system is based on the principle of stare decisis, which means “to leave the decision in abeyance”. It is further explained as a golden rule that states that decisions of higher courts are binding on lower courts and that decisions of courts with coordinated jurisdiction are binding on each other in all respects. In criminal law, the constitutional guarantee that an accused receives a fair and impartial trial.

In civil law, the legal rights of a person who is confronted with an adverse act that threatens liberty or property. The basis for the application of the law consists of (1) a written or oral constitution; (2) primary laws, statutes and laws; authorized by a legislative body authorized by the Constitution; (3) a body approved by primary law adopts subsidiary laws or statutes; (4) traditional practices confirmed by the courts; (5) Civil, general, Roman or other code as the source of these principles or practices. (*Legal Dictionary: What is a Legal System? Private law is the general term for the broad field that deals with legal relations between persons. It deals with pure status issues (marriage, divorce, kinship, etc.); matters concerning property of any kind (property, estates, contracts); and commercial activities in the broad sense. Its essential feature is that participants are considered legally equal (unlike the public law structure, in which relationships are hierarchical), so that one cannot give orders to the other, unless this is permitted by a previous contractual or family agreement. Private law serves to reduce the cost of legal transactions by providing a set of models that citizens can use if they wish. However, private parties are also free to modify these templates (i.e. to modify a contract before it is signed).

The jury system is a legal system for determining the facts at stake in a dispute. The tax system is a legal system for determining and collecting taxes. The electoral system is a legal system for making democratic decisions. You said that the legal system is a principle or procedure for classifying the law. Why do you use “or” in this context? The U.S. system is a common law system that relies heavily on precedent for formal judgments.