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Simple English definitions for legal terms
comparative nomothetics
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A quick definition of comparative nomothetics:
Comparative nomothetics: The study of different legal systems to see which ones are better.
Comparative rectitude: An old rule in family law that said if both spouses did something wrong, the one who did less wrong could still ask for a divorce. This rule is not used much anymore because now people can get divorced without blaming each other.
Recrimination: An old rule in family law that said if both spouses did something wrong, neither of them could get a divorce by blaming the other. This rule is not used much anymore because now people can get divorced without blaming each other.
A more thorough explanation:
Comparative nomothetics is the analysis of the strengths and weaknesses of different legal systems. It involves comparing different legal systems to determine which one is better in terms of fairness, efficiency, and effectiveness.
Comparative rectitude is an old concept in family law that refers to the degree to which one spouse is less at fault than the other in damaging the marriage. Even if both spouses are at fault, the less culpable spouse may be able to successfully petition for a separation or divorce. This concept is now virtually obsolete because of the prevalence of no-fault divorce.
For example, if a husband and wife both committed adultery, but the husband's affair was more serious and caused more harm to the marriage, the wife may be able to use comparative rectitude to obtain a divorce.
Recrimination is an old concept in family law that refers to a countercharge made by the defendant in a divorce suit that the plaintiff has also been guilty of an offense that would be grounds for divorce. When both parties have committed marital misconduct, neither may obtain a fault divorce. This concept is now virtually obsolete because of the prevalence of no-fault divorce.
For example, if a wife files for divorce on the grounds of her husband's adultery, but the husband counters that the wife has also been unfaithful, the court may deny both parties a fault divorce due to recrimination.