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 Read more
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 Read more
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 Read more
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 Read more
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 Read more
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 Read more
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 Read more
Criminal vs. Administrative Liability I. Introduction The distinction between criminal and administrative liability lies at the heart of contemporary jurisprudence. Both forms of liability represent responses of the state to unlawful conduct, yet they differ fundamentally in nature, purpose, and procedure. Criminal liability addresses acts that society deems harmful to Read more
Waiver of Liability: Legal Foundations, Applications, and Challenges I. Introduction A waiver of liability—also referred to as a release of liability or exculpatory clause—is a legal instrument whereby one party agrees to relinquish the right to hold another party legally responsible for harm or damages. Predominantly used in contractual settings Read more