Hart asserted that the law is the primary rules of the union and the secondary rules. [40] Primary rules require individuals to act or not to act in certain ways and create duties to which the governed must obey. [41] Secondary rules are rules that confer the power to create new primary rules or amend existing rules. [41] Secondary rules are divided into jurisprudence rules (how to resolve disputes), amending rules (how laws are changed) and recognition rules (how laws are identified as valid). The validity of a legal system derives from the “recognition rule”, which is a common practice of officials (especially lawyers and judges) who identify certain acts and decisions as sources of law. In 1981, Neil MacCormick[42] wrote a central book on Hart (second edition published in 2008), which refined and included some important criticisms that led MacCormick to develop his own theory (the best example of this is his Institutions of Law, 2007). Other important critics include those of Ronald Dworkin, John Finnis and Joseph Raz. Although not formally required for professional practice, continuing education, for example in the field of taxation, usually takes place through postgraduate degrees or focused study-based LL.M. programs. [31] Research degrees are LL.M. and LL.D. or Ph.D.
depending on the university. The Master`s thesis reflects the ability to conduct independent research, while the doctoral thesis also represents an original contribution to the relevant field of law. [32] Legal positions usually require a doctorate. See Master of Laws § South Africa; Doctor of Law § South Africa. After passing the 1st state examination, candidates complete a two-year legal internship organized by the federal states. [11] After the internship, candidates must take the 2nd state exam, where failure rates are much lower than the 1st state exam. [11] The written examination consists of the drafting of judgments, contracts and other legal documents; There is also an oral exam. After passing the 2nd state examination, the trainee lawyer can become a lawyer. [11] Modern jurisprudence began in the 18th century and focused on the first principles of natural law, civil law, and international law. [2] General jurisprudence can be divided into categories according to the type of question researchers seek to answer and the theories of jurisprudence or schools of thought on how best to answer these questions. Contemporary philosophy of law, which deals with general jurisprudence, deals with problems within the legal and legal system, as well as problems of law as a social institution linked to the broader political and social context in which it exists. [3] An LLM level is a prerequisite for some legal professions, but is combined with professional training, such as the National School of the Judiciary for judges and the Certificate of Aptitude for Lawyers.
The Journal of Legal Studies is a peer-reviewed legal journal published by the University of Chicago Press. The student can study for an LLB (Bachelor of Law), then an LLM (Master of Law) and, for those interested in legal theory, a Doctor of Laws (Doctor of Law). From the mid-1970s to 2004, there was also a unique M.S.L. program for journalists at Yale Law School. The program was a competitive scholarship offered to three or four applicants per year selected by the university. Yale provided free tuition, and fellows also received a scholarship originally provided by the Ford Foundation and later by the John S. and James L. Knight Foundation. A number of journalists currently covering the Supreme Court or other right-wing issues for major mainstream media organizations include former fellows, including Barbara Bradley of NPR (1994), Linda Greenhouse of The New York Times (1978), Charles Lane (journalist) of The Washington Post (1997), Neil A. Lewis of The New York Times (1979), Charlie Savage of the Boston Globe (2003), and Viveca Novak of Time Magazine (1986). The program lost its funding after the 2003/04 academic year, when the Knight Foundation refused to renew its grant, but continues to be offered to graduate students, graduates, and journalists on a study basis.
The MLS programs, offered by Stanford Law School and the James E. Rogers College of Law at the University of Arizona, offer the opportunity to conduct interdisciplinary research as well as basic legal education in U.S. law. The University of Colorado at Boulder offers an MSL degree in ethics and compliance, with the option of a variety of specializations, including: cybersecurity/privacy, healthcare, marijuana, and finance, among others. In addition to the question “What is law?”, the philosophy of law also deals with normative or “evaluative” legal theories. What is the purpose or purpose of the law? What moral or political theories form the basis of law? What is the real function of law? What types of acts should be punished and what types of punishment should be allowed? What is justice? What are our rights? Is there a duty to obey the law? What is the value of the rule of law? Some of the different schools and leading thinkers are discussed below. Historically, there have been no legal degrees in Germany and are not necessary for the practice of law. [11] However, those who wish to practise the legal profession must continue to study at universities for which the normal duration of the program is 4 1/2 years. [11] Some law schools have also begun to award the diploma of Diplom-Juriste. German students enter law school after graduating from high school.
The degree has several variations, including a master`s degree in law studies (at Yale Law School, Northeastern University School of Law, University of Iowa,[2] University of Illinois at Urbana-Champaign, University of Pittsburgh, University of Toronto, and University of Western Ontario), for example, or a master`s degree in law studies (at Ohio State) or Hamline University (www.hamline.edu), or a Master of Laws degree (at the University of Pennsylvania School of Law). [3] In June 2015, Fordham University School of Law launched an M.S.L. specializing in corporate compliance[4] and fashion law. [5] In March 2007, the Ohio Board of Regents approved the MSL degree for the University of Dayton School of Law, and in the fall of 2014, Washburn University School of Law offers LSM courses to individuals working in a variety of parallel professions. Drexel University offers a Master of Laws degree starting in 2013. West Virginia University offers a Master of Laws in Legal Studies (M.L.S.) entirely online as part of its nationally ranked Department of Public Administration. The University of Washington School of Law offers a Master of Jurisprudence in Employment and Human Resources, Environmental Regulation, Health Law, Indigenous Rights, Intellectual Property Law and Policy, Sustainable International Development Law, Tax Law, and Technology Law. Arizona State University also offers an M.L.S. Seattle University School of Law offering a Master of Laws degree starting in 2016. Die John Marshall Law School in Chicago und die Albany Law School in New York bieten beide MS-Abschlüsse in mehreren Konzentrationen an.
Die Vermont Law School bietet einen Master of Environmental Law and Policy (MELP) (früher bekannt als Master of Studies in Environmental Law (MSEL) -Abschluss). Ab 2011 wird UC Hastings zusammen mit der University of California, San Francisco, einen Master of Studies in Law (MSL) und LLM in Law, Science and Health Policy anbieten. Seit 2004 bietet die Friends University einen Master of Studies in Wirtschaftsrecht (MSBL) an.