Legal concepts

Legal concepts in the United States

The legal concepts change with the legal history. There are developments in the theories and concepts of law (including in separate doctrinal areas) over the past  decades which have effect in the tort, contract, crime, property and administrative law.

Typical concepts in this subject are: harm wrongfulness, fault, responsibility, causation, liability, punishment, regulation, restitution, compensation, negligence, intention, fraud and moral luck.

One major theme is the interrelation between different branched of the law, and more generally, the claimed distinction between private and public law. Another major theme is the conflict between economic, justice and other types of explanations of different branches of the law, and the problems these explanations raise.

Further reading:

    • Fundamentals of Law – Book 1 and Legal Concepts.” Meiser, Gerald., 2011
    • Legal Research and Legal Concepts: Where Form Molds Substance, RC Berring – California Law Review, 1987
    • Legal concepts meet technology: a 50-state survey of privacy laws, MB Russom, RH Sloan… – Proceedings of the 2011 Workshop …, 2011
    • Fundamental legal concepts as applied in the study of primitive law, EA Hoebel – Yale LJ, 1941
    • Judging mens rea: The tension between folk concepts and legal concepts of intentionality, BF Malle… – Behavioral sciences & the law, 2003
    • Legal Concepts in Cases of Eminent Domain, JM Cormack – Yale LJ, 1931
    • Legal Research and Legal Concepts: Where Form Molds Substance, RC Berring – California Law Review, 1987
    • Fundamental legal concepts: A formal and teleological characterisation, G Sartor – Artificial Intelligence and Law, 2006
    • Legal Theory Lexicon 057: Realist Deconstruction of Formal Legal Categories, L Solum – 2011

See also:

  • Legal concept of standing
  • Legal concept of choice of law
  • Legal concept of agency
  • Legal concept of land
  • Legal concepts of health care

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