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Research draft

law

vr.tr.law · INF.KNW

Let an agent treat a legal rule as something with a source, a jurisdiction, a period of validity and an interpretation, never as a free-floating statement of what is allowed.

Thing Registry Information and virtual systems

Research draft, second pass

A second pass drafted this model: the structure a model of this thing needs, and what is known about it in the world. The line under this one says how the second half was obtained - researched against sources, or recalled without web access, in which case nothing here was read anywhere and every claim is a lead to verify. Unreviewed either way.

written by Claude from model knowledge without web access - no source was read, every claim is a lead to verify

Researched by: Claude

Purpose and description

Let an agent treat a legal rule as something with a source, a jurisdiction, a period of validity and an interpretation, never as a free-floating statement of what is allowed.

A body of binding rules made or recognised by an authority, enforced by institutions, and applying within a jurisdiction to those it covers.

What it is for: Governing conduct, settling disputes and allocating rights and duties with the backing of enforcement.

It can be cite it, by its official designation and version; apply it to facts, which is interpretation and can be contested; comply with it, breach it, or challenge its validity; amend or repeal it, through the procedure it or a higher rule defines.

Distinguishing features

Binding and enforceable, which separates it from ethics, guidance and custom without legal recognition

Bounded by jurisdiction and by time: it applies somewhere, to someone, from one date to another

Hierarchical: a constitution, a statute and a regulation do not carry equal weight

The text and its interpretation by courts are both part of what the law is

What it looks like

Texts: statutes, codes, regulations, judgments and treaties, published in official gazettes and databases. Customary and religious law may have no single authoritative text.

How it is recognised

An official publication with an issuing authority, a date and a designation

Consolidated versions are convenience texts; the enacted and amending texts are the authoritative ones in many systems

A text that looks like law may be a draft, a bill, guidance or a repealed provision

Related models

is a kind of - inherits scope, validity and authority questions

normative rule

applies within - the same act can be lawful in one jurisdiction and unlawful in another

jurisdiction

is enforced by - enforcement is what makes the rule law rather than advice

court and public authority

is confused with - the discipline studies law; this entry is the body of rules

law as a discipline

In practice

Families and kinds

by source: constitution, statute, regulation, case law, treaty, custom

by field: criminal, civil, administrative, commercial, labour, and many more

by system: civil law, common law, religious law, mixed systems

by level: international, supranational, national, regional, local

Identifiers

ELI European Legislation Identifier URI identifies legislation and its versions in participating states

ECLI European Case Law Identifier identifies judgments

official citation jurisdiction-specific the designation courts use; formats differ by system

Standards and regulation

The constitution or basic law of each state, which governs how law is made

Rules on promulgation and publication, which decide when a text takes effect

Akoma Ntoso (OASIS LegalDocML), a standard for machine-readable legal texts

Failure modes and hazards

Citing a repealed, amended or not yet in force version

Applying a rule outside the jurisdiction it belongs to

Treating a single text as the whole law when case law or higher rules modify it

Giving an answer that reads as legal advice when the agent has no standing to give it

Also called

Head of HouseholdLaw Courtslegal jurisdictionconstitutional reviewconstitutional litigationConstitutional review in GermanyIslamic clothingTasatturpenal systemEngland and Walesinterstate compactjuvenile law (Germany)legal websiteinternational conventionpresidential proclamationtraffic codefederal lawArticle 669 of the Civil CodeCivil Code Article 772exceptio non adimpleti contractusblasphemy lawlaw in the Philippineslaw of the People's Republic of Chinalaw of JapanHague Convention Vinternational environmental agreementlegal acts of road traffic in Latviaright of wayFederal Act (Germany)Revised StatutesFederal Law of the Russian FederationFederal Constitutional Law of the Russian FederationForal Law Code of AragonLaw of Taiwanagricultural lawCommonwealth ActRepublic ActSharia in the Philippinespenal system in Chinadepartmental rules of the State Council in PRC

+787

Where this came from

wikidata · CC0 1.0

Also registered as vr.tr.law-act

Drafted structure

Bundle to layer to finding to question, as the second pass will find it: 4 bundles · 8 layers · 8 findings · 16 questions.

Source and authority Where the rule comes from and what it outranks.

The weight of a legal rule depends entirely on its source, and the source is what an agent must cite.

Source and designation

The issuing authority and the official designation.

Source of the rule

Who made it, in which instrument, under which power.

  1. Which authority made this rule, in which instrument, and under what power? provenance
  2. What is its official designation, and where is the authoritative text published? provenance

Place in the hierarchy

What it overrides and what overrides it.

Hierarchy of norms

Its rank relative to other applicable rules.

  1. What rank does this rule hold, and which higher rules constrain it? definition
  2. How is a conflict with another rule of the same rank resolved? boundary
Scope and validity Where, when and to whom it applies.

Most wrong legal answers are right about the rule and wrong about its scope or its date.

Jurisdiction and addressees

The territory and the persons covered.

Scope of application

Where and to whom it applies.

  1. In which jurisdiction does this rule apply, and to whom? boundary
  2. Which exemptions or special regimes take cases out of its scope? boundary

Validity in time

Entry into force, amendment and repeal.

Temporal validity

The dates and versions that matter.

  1. Which version was in force on the date that matters here? provenance
  2. Is any part of it suspended, under challenge or scheduled to change? boundary
Interpretation and application What it means for particular facts.

Law is applied through interpretation, and interpretation belongs to courts and competent authorities, not to an agent.

Authoritative interpretation

Case law and official guidance.

Interpretive sources

The decisions and guidance that settle meaning.

  1. Which court decisions or official guidance interpret this rule? provenance
  2. Where is its meaning contested, and between whom? boundary

Application to facts

Bringing the rule to a situation.

Application limits

What an agent may and may not conclude.

  1. What facts decide whether this rule applies in a given case? definition
  2. At what point must an agent refer the question to a qualified professional? action
Compliance and enforcement What it requires and what happens on breach.

The practical content of a rule is the duty it imposes and the consequence of failing it.

Duties and rights

What it requires, forbids or grants.

Operative content

The obligations and entitlements it creates.

  1. What does this rule require, forbid or permit, and of whom? definition
  2. What evidence would show compliance? measurement

Enforcement and remedies

Sanctions, remedies and who enforces them.

Consequences of breach

The sanctions and remedies and the bodies that apply them.

  1. What sanctions or remedies follow a breach, and who applies them? definition
  2. What time limits apply to enforcing it? boundary

What the second pass must settle

  • Should the registry model a legal provision, a legal act and a legal system as separate entries?
  • How should a model record the version in force at a given date, given retroactive and delayed effect?
  • What should an agent do when two applicable rules conflict and no court has resolved it?