Other Legal Issues
From the sociological viewpoint, maybe crucial contributor to the early growth of comparative law was that preeminent lawyer-social scientist, Max Weber. First, he developed the system of a super type, a stylized construct that represents the right instance of a phenomenon. The best kind acts as a yardstick in opposition to which we would measure precise authorized systems. Second, using perfect types, he offered a typology of authorized systems categorized by the formality and the rationality of their decision-making processes. Ideally, authorized methods could be thought of as formal or substantive, rational or irrational.
Judicial evaluation of tiger/monkey exhibitor license revocation and fines denied the place substantial proof supported USDA/APHIS motion. Petitioners seek evaluation of a decision and order of the USDA/APHIS determining that they violated varied provisions of the Animal Welfare Act (“AWA”) and its implementing rules, imposing civil penalties, and revoking the exhibitor license granted to Terranova Enterprises, Inc. Petitioners were licensees who present wild animals like tigers and monkeys for films, circuses, and other leisure. In 2015 and 2016, APHIS filed complaints towards petitioners that they willfully violated a number of provisions of the AWA and knowingly violated a cease and desist order issued in 2011 to keep away from future violations of the AWA. On attraction by both parties to the Judicial Officer of the USDA, petitioners’ exhibitor license was revoked and the penalties had been increased to $35,000 and $14,850, respectively.
Prosecutors sometimes work for the federal government to file a lawsuit, or charge, against a person or company accused of violating the legislation. Some can also work as public defense attorneys, representing people who could not afford to hire their very own private lawyer. For such reasons, the rule of law is best seen not as a blueprint for institutional design but as a price, or cluster of values, that may inform such a design and that can subsequently be pursued in a variety of ways. Nonetheless, a number of somewhat simple and generalizable institutional insights comply with from the concept that those who judge the legality of exercises of power shouldn’t be the identical as those who exercise it. For occasion, a typical rule-of-law state will institutionalize some means of defending legal officials from interference, political or in any other case, that threatens their independence.