Roman Civil Law
... W. Kunkel said, The legal systems of the present day—except the English law— resemble a garden laid out and cultivated according to a master plan. Roman law, on the contrary, was one in which the conditions of nature prevailed. Organisms which are dying away stand immediately beside new shoots for ...
... W. Kunkel said, The legal systems of the present day—except the English law— resemble a garden laid out and cultivated according to a master plan. Roman law, on the contrary, was one in which the conditions of nature prevailed. Organisms which are dying away stand immediately beside new shoots for ...
The Rule of Law - The Australian Collaboration
... law. Traditionally this has been assumed to mean that the law should apply to all regardless of inequalities of wealth or status. Clarity for all citizens A second principle is that the law should be expressed in such a way that people can be guided by it. To achieve this goal a number of conditions ...
... law. Traditionally this has been assumed to mean that the law should apply to all regardless of inequalities of wealth or status. Clarity for all citizens A second principle is that the law should be expressed in such a way that people can be guided by it. To achieve this goal a number of conditions ...
(신) Mid Term Exam Study Outline with Timeline
... i. Fairness is very close if not the same thing as the legal principle of Justice. C. Confucius first states: “Treat others the way you want to be treated.” (In the west this is called “The GOLDEN RULE”) (What makes the Axial age profound is it occurred simultaneously in separate centers of civiliza ...
... i. Fairness is very close if not the same thing as the legal principle of Justice. C. Confucius first states: “Treat others the way you want to be treated.” (In the west this is called “The GOLDEN RULE”) (What makes the Axial age profound is it occurred simultaneously in separate centers of civiliza ...
The UNCITRAL National Coordination Committee for Australia (UNCCA)
... Herbert Smith Freehills, Level 42, 101 Collins Street, Melbourne. ...
... Herbert Smith Freehills, Level 42, 101 Collins Street, Melbourne. ...
Given two consecutive sides and a non
... Precalc 5.5: Solving an Oblique Triangle using Law of Sines, The Ambiguous Case – A Pain in the SSA Given two consecutive sides and a non-included angle [SSA], ZERO, ONE or TWO TRIANGLES may exist ...
... Precalc 5.5: Solving an Oblique Triangle using Law of Sines, The Ambiguous Case – A Pain in the SSA Given two consecutive sides and a non-included angle [SSA], ZERO, ONE or TWO TRIANGLES may exist ...
legal philosophy/jurisprudence
... contract but a contract exists by dint of both sides of the agreement Socrates – simple: by living in a society and receiving benefits from that society one enters a quasi promise to abide by the laws of that society. One is obliged, having taken the benefits, to accept the burdens. One of the bur ...
... contract but a contract exists by dint of both sides of the agreement Socrates – simple: by living in a society and receiving benefits from that society one enters a quasi promise to abide by the laws of that society. One is obliged, having taken the benefits, to accept the burdens. One of the bur ...
Tutela Impuberum from a Historical Perspective, with a Particular
... If we compare the regulation of guardianship according to the statutes of today’s Slovenian coastal towns of Piran, Izola and Koper with Roman law, we can immediately ascertain that the latter had a significant influence on the emer gence of the former which, in addition to the Latin terminology co ...
... If we compare the regulation of guardianship according to the statutes of today’s Slovenian coastal towns of Piran, Izola and Koper with Roman law, we can immediately ascertain that the latter had a significant influence on the emer gence of the former which, in addition to the Latin terminology co ...
Document
... applicable to humans – how we achieve good in this world; however, there is also a “divine law” guiding us salvation which is superior to natural law • Human law – positive law created by humans for common good of community (if it conflicts with natural law, it’s invalid) ...
... applicable to humans – how we achieve good in this world; however, there is also a “divine law” guiding us salvation which is superior to natural law • Human law – positive law created by humans for common good of community (if it conflicts with natural law, it’s invalid) ...
Is there a gate to a reliable post-positivistic law ? The crucial issue
... they opened a space for the consideration of other perspectives of utility, namely not merely individual. In the current text, we deal with the original design, in order to emphasize more strongly the central points of view. Within the logic of this text, the question to be put to this type of analy ...
... they opened a space for the consideration of other perspectives of utility, namely not merely individual. In the current text, we deal with the original design, in order to emphasize more strongly the central points of view. Within the logic of this text, the question to be put to this type of analy ...
Online Quizzes and Answers for Business Law Today
... in the past for guidance, not to present social and economic realities. b. Correct. Legal realists believe that judges should take social and economic realities into account when deciding cases. c. Incorrect. This is not characteristic of the positivist school of legal thought. d. Incorrect. The nat ...
... in the past for guidance, not to present social and economic realities. b. Correct. Legal realists believe that judges should take social and economic realities into account when deciding cases. c. Incorrect. This is not characteristic of the positivist school of legal thought. d. Incorrect. The nat ...
LAW AND ECONOMICS
... SOME OBSERVATIONS "Economics is a powerful, and, quite general tool of analysis that everybody who thinks and writes about law uses, consciously or not, ... it provides a convenient starting point for a general theory of law in society. It also-and this point must be stressed-has a strong empirical ...
... SOME OBSERVATIONS "Economics is a powerful, and, quite general tool of analysis that everybody who thinks and writes about law uses, consciously or not, ... it provides a convenient starting point for a general theory of law in society. It also-and this point must be stressed-has a strong empirical ...
Classical Chinese Philosophies - Fort Thomas Independent Schools
... Kant believed that our actions were not as important as our intentions in morality Kant also believed all humans were capable, through reason, of figuring out right/wrong. Reason is an authority ‘in’ us but it transcends us Why be Moral?: “It is the rationale thing to do.” ...
... Kant believed that our actions were not as important as our intentions in morality Kant also believed all humans were capable, through reason, of figuring out right/wrong. Reason is an authority ‘in’ us but it transcends us Why be Moral?: “It is the rationale thing to do.” ...
RULE OF LAW
... law" or Rechtsstaat is considered a prerequisite for democracy, and as such, has served as a common basis for human rights discourse between countries such as the People's Republic of China and the West. The rule of law is an ancient ideal first posited by Plato as grounded in divine reason and so i ...
... law" or Rechtsstaat is considered a prerequisite for democracy, and as such, has served as a common basis for human rights discourse between countries such as the People's Republic of China and the West. The rule of law is an ancient ideal first posited by Plato as grounded in divine reason and so i ...
Deontology
... To be moral the act must be done from a sense duty. Moral value comes from the maxim by which action is determined and not in the purpose; Depends on my personal motivation Duty is the necessity of an action with respect to the law ...
... To be moral the act must be done from a sense duty. Moral value comes from the maxim by which action is determined and not in the purpose; Depends on my personal motivation Duty is the necessity of an action with respect to the law ...
Lon Fuller and the Inner Morality of Law
... conduct to the governance of rules." These natural laws have nothing to do with any "brooding omnipresence in the skies." Nor have they the slightest affinity with any such proposition as that the practice of contraception is a violation of God's law. They remain entirely terrestrial in origin and a ...
... conduct to the governance of rules." These natural laws have nothing to do with any "brooding omnipresence in the skies." Nor have they the slightest affinity with any such proposition as that the practice of contraception is a violation of God's law. They remain entirely terrestrial in origin and a ...
Ndulo Think Piece - World Justice Project
... of predictability in the conduct of state officials by the prior existence of a basic law covering the subject-matter that falls within their fields of operation. It demands the precise definition of the roles and status of such public officials by law. It commends the creation of control devices to ...
... of predictability in the conduct of state officials by the prior existence of a basic law covering the subject-matter that falls within their fields of operation. It demands the precise definition of the roles and status of such public officials by law. It commends the creation of control devices to ...
Roman Law in the West
... Around this time, scholars studied Ancient Rome to teach others about their studies; the center of these studies was called Bologna, which turned into one of Europe’s first universities. These students studied Roman Law and concluded that these laws regulated economic transactions. In this instance, ...
... Around this time, scholars studied Ancient Rome to teach others about their studies; the center of these studies was called Bologna, which turned into one of Europe’s first universities. These students studied Roman Law and concluded that these laws regulated economic transactions. In this instance, ...
The Terrain of Ethics
... 1.God commands us to do what is right, then: a) The actions are right because God commands them or b) God commands them because they are right. 2.If a) then, from moral perspective, God’s commands are arbitrary and the doctrine of goodness of God meaningless. 3.If b) then, admit standard of right a ...
... 1.God commands us to do what is right, then: a) The actions are right because God commands them or b) God commands them because they are right. 2.If a) then, from moral perspective, God’s commands are arbitrary and the doctrine of goodness of God meaningless. 3.If b) then, admit standard of right a ...
The Regulation of Covert Surveillance
... Order, the government is undermining the rule of law. The government rejects this claim. Although the Executive Order may not itself be law, it is issued by virtue of an express power in the Basic Law. It is therefore a constitutional method of imposing restrictions on officers who conduct surveilla ...
... Order, the government is undermining the rule of law. The government rejects this claim. Although the Executive Order may not itself be law, it is issued by virtue of an express power in the Basic Law. It is therefore a constitutional method of imposing restrictions on officers who conduct surveilla ...
Social Ethics continued
... actions themselves Moral Law is universal and binding: it applies to all things Humans, as rational, are capable of acting in accordance with this law, and so we must: this is our Other-Duty ...
... actions themselves Moral Law is universal and binding: it applies to all things Humans, as rational, are capable of acting in accordance with this law, and so we must: this is our Other-Duty ...
Chapter 6 LAW IN ROMAN PHILOSOPHY
... disagreements on some particular issues, for example, on whether the price of something must be pecuniary (Proculians) or can consist in other goods as in barter (Sabinians) (see Gaius, Inst. III.140–1). Some of them, especially Gaius, Paul, and Ulpian, were strongly influenced by the discussions of ...
... disagreements on some particular issues, for example, on whether the price of something must be pecuniary (Proculians) or can consist in other goods as in barter (Sabinians) (see Gaius, Inst. III.140–1). Some of them, especially Gaius, Paul, and Ulpian, were strongly influenced by the discussions of ...
Impact of legal aid programmes for persons with HIV, drug users and
... without evidence… …If a drug user or homosexual appears in court without a lawyer, he is likely to be sent to prison.’ (Legal service provider, Egypt) ...
... without evidence… …If a drug user or homosexual appears in court without a lawyer, he is likely to be sent to prison.’ (Legal service provider, Egypt) ...
Government Beliefs of Locke, Hobbes, Montesquieu, and Rousseau
... “During the time men live without a common power to keep them all in awe, they are in that conditions called war; and such a war, as if of every man, against every man…To this war of every man against every man, this also in consequent; that nothing can be unjust. The notions of right and wrong, j ...
... “During the time men live without a common power to keep them all in awe, they are in that conditions called war; and such a war, as if of every man, against every man…To this war of every man against every man, this also in consequent; that nothing can be unjust. The notions of right and wrong, j ...
CHAPTER 2
... Legal v. Ethical East German border guards tried for manslaughter for killing East Germans as they attempted to escape into west Germany defended their actions by arguing that they ...
... Legal v. Ethical East German border guards tried for manslaughter for killing East Germans as they attempted to escape into west Germany defended their actions by arguing that they ...
the Twelve Tables - Ms. Sweeney`s Weblog
... was not clear, or where it was not exactly suitable, he gave a ruling based on his opinion. This new ruling, if it worked, was then adopted by his successors. In this way, a body of law developed that could be changed to fit new needs. Our legal system uses this same process: relying on case law, th ...
... was not clear, or where it was not exactly suitable, he gave a ruling based on his opinion. This new ruling, if it worked, was then adopted by his successors. In this way, a body of law developed that could be changed to fit new needs. Our legal system uses this same process: relying on case law, th ...
Jurisprudence
The word jurisprudence is derived from a latin maxim as referred 'jurisprudentia' but owes its origin to Rome. It is a combination of two words 'juris' which means 'law' and 'prudence' which means 'knowledge' or 'skill'. Therefore jurisprudence is the study, knowledge, skill and theory of law. Jurisprudence includes principles behind law that make the law. Scholars of jurisprudence, also known as jurists or legal theorists (including legal philosophers and social theorists of law), hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions. Modern jurisprudence began in the 18th century and was focused on the first principles of the natural law, civil law, and the law of nations. General jurisprudence can be divided into categories both by the type of question scholars seek to answer and by the theories of jurisprudence, or schools of thought, regarding how those questions are best answered. Contemporary philosophy of law, which deals with general jurisprudence, addresses problems in two rough groups: Problems internal to law and legal systems as such. Problems of law as a particular social institution as it relates to the larger political and social situation in which it exists.Answers to these questions come from four primary schools of thought in general jurisprudence: Natural law is the idea that there are rational objective limits to the power of legislative rulers. The foundations of law are accessible through reason and it is from these laws of nature that human-created laws gain whatever force they have. Legal positivism, by contrast to natural law, holds that there is no necessary connection between law and morality and that the force of law comes from some basic social facts. Legal positivists differ on what those facts are. Legal realism is a third theory of jurisprudence which argues that the real world practice of law is what determines what law is; the law has the force that it does because of what legislators, barristers and judges do with it. Similar approaches have been developed in many different ways in sociology of law. Critical legal studies are a younger theory of jurisprudence that has developed since the 1970s. It is primarily a negative thesis that holds that the law is largely contradictory, and can be best analyzed as an expression of the policy goals of the dominant social group.Also of note is the work of the contemporary philosopher of law Ronald Dworkin who has advocated a constructivist theory of jurisprudence that can be characterized as a middle path between natural law theories and positivist theories of general jurisprudence.A further relatively new field is known as therapeutic jurisprudence, concerned with the impact of legal processes on wellbeing and mental health.The English word is based on the Latin maxim jurisprudentia: juris is the genitive form of jus meaning ""law"", and prudentia means ""prudence"" (also: discretion, foresight, forethought, circumspection; refers to the exercise of good judgment, common sense, and even caution, especially in the conduct of practical matters). The word is first attested in English in 1628, at a time when the word prudence had the now obsolete meaning of ""knowledge of or skill in a matter"". The word may have come via the French jurisprudence, which is attested earlier.