Sunday, 18 May 2014

State and discuss the primary assumptions of a legal system

       Following are the primary assumptions of a legal system:


  • Sovereignty: Law making power is a matter of sovereign prerogative. As a result, the writ of sovereign authority runs throughout wherever sovereign power exercises authority. Beyond its authority, the sovereign cannot regulate a subject matter through legal intervention.
  • Territorial Enforcement: Any law in real world context can only be subjected to predetermined territorial enforcements. There are some exceptions to this. The sovereign authority could join extra territorial jurisdiction in case of criminal law. This indicates that the sovereign authority can initiate prosecution, even if the crime is committed beyond the limits of the territory. The proceedings must comply with the principle of 'double criminality', that is in both the countries, the alleged act of commission must have been criminalized.
  • Notion of property: The obtaining premise of the legal response considers 'property' as tangible and physical. In the cyber context, 'property' in the form of digitized services or goods poses serious challenges to this legal understanding. Also that the 'domain names' raise fundamental questions.
  • Paper-based transaction: Obtaining legal response considers and encourages people to create and constitute legally binding relationships on the basis of paper- based transactions. Although the word ‘document’ under law takes within its fold material other than paper also. Since in cyber context, digital or electronic record forms the basis of electronic transactions. Hence, the transactions are on the basis of electronic records.
  • Real relationships: Legal response considers relationships quite often. In view of connectivity, pace and accuracy as to transmission, in the cyber context, these relationships acquire unique distinction of virtual character. In case of trade and commerce, commercial transaction in the form of contracts constitutes the foundation of legal relationship.

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