Blog

Roman Law Precedent 101: The Big Role in Modern Law Creation

Roman Law Precedents I. Introduction Roman law has long been regarded as one of the most influential legal systems in history. Its principles formed the foundation of many modern civil law traditions, and even common law jurisdictions have indirectly absorbed Roman concepts through medieval scholarship. Among the many features of Roman jurisprudence, the role of precedent—though not identical to its modern common law usage—holds a significant place in understanding the Roman conception of legal reasoning, Read more

By Tsvety, ago

Derogation from Grant: Concept, Application, and Legal Implications

Derogation from Grant: Concept, Application, and Legal Implications I. Introduction The principle of derogation from grant occupies an important place in the law of property, contract, and obligations. Rooted in the maxim “a grantor shall not derogate from his own grant”, it embodies the fundamental idea that one who conveys a right, benefit, or interest to another must not act in a way that destroys, diminishes, or frustrates the very thing granted. The maxim preserves Read more

By Tsvety, ago

Retributive Justice: Concept, Foundations, and Critique

Retributive Justice: Concept, Foundations, and Critique I. Introduction Justice has been one of the most contested and enduring concerns of philosophy, law, and politics. Among the various models of justice—distributive, procedural, restorative, and retributive—the retributive approach occupies a particularly prominent role in the history of legal and moral thought. Retributive justice is grounded in the idea that wrongdoing demands a proportionate response: the offender deserves to suffer a penalty that matches the gravity of the Read more

By Tsvety, ago

Challenges to the Rule of Law

Challenges to the Rule of Law The rule of law is one of the cornerstones of modern democratic societies. At its core, it embodies the principle that no individual, institution, or government authority is above the law, and that laws must be applied consistently, fairly, and transparently. It provides the structural foundation upon which individual rights, social order, and political legitimacy rest. Yet, despite its significance, the rule of law is constantly subject to erosion Read more

By Tsvety, ago

Equity and All the Ways Law Understands It

All the Ways Law Understands the Term Equity The concept of equity is one of the richest and most multifaceted terms in legal thought. Unlike technical terms that bear a single, fixed definition, equity straddles diverse fields of law—jurisprudence, private law, public law, and even comparative constitutional discourse—where it assumes different meanings and functions. Historically rooted in ancient philosophy and adapted into legal institutions over centuries, equity denotes a cluster of ideas: fairness, justice beyond Read more

By Tsvety, ago

Homicide Degrees in Criminal Law 101

Homicide Degrees in Criminal Law Homicide is one of the most severe crimes within any legal system, for it involves the unlawful killing of a human being and directly threatens the sanctity of human life. Yet, despite its gravity, the law does not treat all homicides as identical. Instead, legal systems distinguish between various degrees of homicide, reflecting the underlying principles of justice, proportionality, and moral culpability. These distinctions recognize that the context, intent, and Read more

By Tsvety, ago

Qualifying Circumstances in Criminal Law

Qualifying Circumstances in Criminal Law I. Introduction Criminal law seeks to maintain public order, ensure justice, and deter harmful conduct by assigning sanctions proportionate to the gravity of the offense. Yet, not all crimes of the same legal classification bear the same weight in terms of culpability. A killing committed in cold blood, premeditated and cruel, cannot be judged on equal terms with one carried out in sudden passion. Likewise, a theft committed by a Read more

By Tsvety, ago

Separation of Property as a Legal Process

Separation of Property as a Legal Process I. Introduction Why separation of property? Property relations between spouses constitute one of the most sensitive and complex aspects of family law. Marriage often merges not only personal lives but also financial and material interests, which can give rise to disputes or inequalities if not clearly regulated. The separation of property is a legal process designed to establish, recognize, or restore the independence of each spouse’s assets, thereby Read more

By Tsvety, ago

Judicial Bias: Concept, Manifestations, and Legal Implications

Judicial Bias: Concept, Manifestations, and Legal Implications I. Introduction What is judicial bias? The principle of impartiality is the cornerstone of judicial legitimacy. Courts derive their authority not only from constitutional frameworks but also from the public perception that judges are neutral arbiters of justice. When impartiality is compromised—whether in appearance or in fact—the legitimacy of judicial decision-making is put into question. Judicial bias, therefore, is not merely a flaw in individual judgment but a Read more

By Tsvety, ago