Custom, in a legal context, refers to established patterns of behavior or practices that have evolved within a particular community or society and are recognized as having legal significance. Customs can pertain to various aspects of life, including social, economic, and legal norms. Origin of Custom as a Source of Law : The recognition of custom as a source of law has deep historical roots and can be traced to ancient legal systems. Customary law, also known as customary practices, developed organically within communities and served as a way to regulate behavior and resolve disputes. Over time, these customs became formalized and recognized as sources of legal rules. The following is an overview of the origin of custom as a source of law: Primitive Societies : In early human societies, customs were the primary means of regulating social interaction...
The theories of punishment are a set of philosophical and legal theories that seek to explain the purpose and justification of punishment. There are many different theories of punishment, but some of the most common ones include: Deterrent theory: This theory of punishment is based on the idea that punishment aims to deter individuals from committing crimes. It operates on two levels: specific deterrence, which seeks to deter the punished individual from committing future crimes, and general deterrence, which aims to deter others in society from engaging in criminal behavior by witnessing the consequences. Example : A person considering robbing a bank may be deterred from doing so by the thought of going to prison. Preventive theory: It focuses on preventing the offender from committing further crimes during the period of punishment. It is divided into two forms: incapacitation, which physically restricts the offender's ability to commit more crimes (e.g., imprisonment), and reha...
Sampling is the process of selecting a subset of a population to study the characteristics of the whole population. In the context of legal research, sampling can be used to study a variety of topics, such as the prevalence of crime, the effectiveness of different sentencing policies, or the attitudes of the public towards the law etc. The sampling method is a technique used to select a subset of individuals or units from a larger population to conduct statistical analysis. It is an essential aspect of research design affecting the validity and reliability of the results. Which type of sampling method to use entirely depends on the research goals and constraints. If the goal is to produce generalizable results, then probability sampling is the best choice. If the goal is to produce results quickly and cheaply, then non-...
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