Immanuel Kant and the moral law[1].
... • Universalisability allows morality to be stable, since if notions of right or wrong vary between individuals, cultures or situations, moral life in society will lack the foundation of trust and coherence for us to develop morally. • Morality therefore has to be rooted in something that is good wit ...
... • Universalisability allows morality to be stable, since if notions of right or wrong vary between individuals, cultures or situations, moral life in society will lack the foundation of trust and coherence for us to develop morally. • Morality therefore has to be rooted in something that is good wit ...
Milestone Education Review
... Lawrence Kohlberg developed a theory of stages of ethical development. He admired Piaget's approach to studying children's conceptions of morality. If Piaget saw children as little logicians, he viewed them as moral philosophers. ...
... Lawrence Kohlberg developed a theory of stages of ethical development. He admired Piaget's approach to studying children's conceptions of morality. If Piaget saw children as little logicians, he viewed them as moral philosophers. ...
On The Genealogy of Morals - Human Dignity and Humiliation Studies
... had to be emancipated. This Roman origin of western traditions has influenced the shape of successive movements for emancipation. It has given concrete meaning to ideals of liberty and freedom. To be emancipated is to become, like a paterfamilias, a sovereign individual who can make contracts, who i ...
... had to be emancipated. This Roman origin of western traditions has influenced the shape of successive movements for emancipation. It has given concrete meaning to ideals of liberty and freedom. To be emancipated is to become, like a paterfamilias, a sovereign individual who can make contracts, who i ...
A Model Theoretic Approach to Legal Theory
... come earlier or later on some view of the history of ideas or because they are the schools or traditions that generate the most amount of, or most interesting types of, debates. Of course, there is often a good deal of overlap between these two ways of organizing a jurisprudence text. Within the giv ...
... come earlier or later on some view of the history of ideas or because they are the schools or traditions that generate the most amount of, or most interesting types of, debates. Of course, there is often a good deal of overlap between these two ways of organizing a jurisprudence text. Within the giv ...
Niccolò Machiavelli on Power
... one else; for mankind, being more prone to evil than to good, his successor might employ for evil purposes the power which he had used only for good ends” (Discourses, p.121). However, it took still several generations and the courage of a Brutus (Lucius Junius) to expel a king before the Roman repu ...
... one else; for mankind, being more prone to evil than to good, his successor might employ for evil purposes the power which he had used only for good ends” (Discourses, p.121). However, it took still several generations and the courage of a Brutus (Lucius Junius) to expel a king before the Roman repu ...
Faculty of Law
... Advanced Seminar on Chinese, Language and culture II Preparation I Advanced Seminar on Chinese,Test of Chinese Proficiency Advanced Seminar on Chinese, Presentation Skills I Preparation II Advanced Seminar on Chinese, Presentation Skills II ...
... Advanced Seminar on Chinese, Language and culture II Preparation I Advanced Seminar on Chinese,Test of Chinese Proficiency Advanced Seminar on Chinese, Presentation Skills I Preparation II Advanced Seminar on Chinese, Presentation Skills II ...
Ethics - University of Scranton
... home, steal valuables, and sell them, as long as you donate some of that money to charity, as this will bring about good for many in need, and bad only for the wealthy person. ...
... home, steal valuables, and sell them, as long as you donate some of that money to charity, as this will bring about good for many in need, and bad only for the wealthy person. ...
THE PERILS OF PERVASIVE LEGAL
... discovery; that law is not the product of human will; that law has a kind of autonomy and internal integrity; that law is in some sense objectively determined. In the Medieval period in Europe two distinct (yet commingled) types of law possessed these characteristics. The first type was natural law ...
... discovery; that law is not the product of human will; that law has a kind of autonomy and internal integrity; that law is in some sense objectively determined. In the Medieval period in Europe two distinct (yet commingled) types of law possessed these characteristics. The first type was natural law ...
Continued
... Savigny was born in Frankfurt in 1779. His interest in Historical studies was kindled at the university of Marburg and Gottingen and greatly encouraged when he came into contact with great historians at the University of Berlin. He served university of Berlin as a teacher. He also acquired a lasting ...
... Savigny was born in Frankfurt in 1779. His interest in Historical studies was kindled at the university of Marburg and Gottingen and greatly encouraged when he came into contact with great historians at the University of Berlin. He served university of Berlin as a teacher. He also acquired a lasting ...
1 “The Rule of Law in British Colonial Societies in the 19th Century
... consciousness and attractive at a rhetorical and even discursive level that the concept survives. It is even deployed at the level of global politics, by advocates from diverse political and legal cultures in support of quite different political and even economic goals.6 The rule of law, complex and ...
... consciousness and attractive at a rhetorical and even discursive level that the concept survives. It is even deployed at the level of global politics, by advocates from diverse political and legal cultures in support of quite different political and even economic goals.6 The rule of law, complex and ...
Legal Pluralism, Plurality of Laws, and Legal Practices - Hal-SHS
... solidarity. Building on Durkheim’s legacy, Marcel Mauss formulated the idea that, within a society, there can be many legal systems interacting with each other. However, it is Bronislaw Malinowski who first gave a definition of law that strongly associates it with the notion of social control. Accor ...
... solidarity. Building on Durkheim’s legacy, Marcel Mauss formulated the idea that, within a society, there can be many legal systems interacting with each other. However, it is Bronislaw Malinowski who first gave a definition of law that strongly associates it with the notion of social control. Accor ...
2016 Bergwall
... Norrie uses Bhaskar’s concept of praxiology to describe, explain and criticize positivist traditions of western legal theory, often referred to by Norrie as ”liberal law”. (Norrie 1998a) Hence, Norrie suggests that we should think of dominating theories of law as forms of social and historical pract ...
... Norrie uses Bhaskar’s concept of praxiology to describe, explain and criticize positivist traditions of western legal theory, often referred to by Norrie as ”liberal law”. (Norrie 1998a) Hence, Norrie suggests that we should think of dominating theories of law as forms of social and historical pract ...
Drafting for the Rule of Law - Yale Law School Legal Scholarship
... necessity of keeping a complex, highly bureaucratized, centrally-planned economy and society functioning, socialist states had to ensure that bureaucratic behavior followed the rules, or else planning came to naught. Socialist jurisprudence encapsulated the principle of strict observance of law in t ...
... necessity of keeping a complex, highly bureaucratized, centrally-planned economy and society functioning, socialist states had to ensure that bureaucratic behavior followed the rules, or else planning came to naught. Socialist jurisprudence encapsulated the principle of strict observance of law in t ...
Constitutional Regulation, Exception and
... more securely than the state of nature.20 Locke suggests that constituent power of the governed vests three functions within the government. These are legislative, judicial, and executive. Recalling the three primary deficiencies within the state of nature that render man’s freedom unsafe, Locke re ...
... more securely than the state of nature.20 Locke suggests that constituent power of the governed vests three functions within the government. These are legislative, judicial, and executive. Recalling the three primary deficiencies within the state of nature that render man’s freedom unsafe, Locke re ...
RTF - Jean Monnet Center
... contextual factors, like historical contingencies and social dependencies to render all concepts of self-determination or autonomy as flawed. And indeed: The more intense you look for a ‘will’, the less probable is it that you may find anything be it an individual intention14, be it a collective dem ...
... contextual factors, like historical contingencies and social dependencies to render all concepts of self-determination or autonomy as flawed. And indeed: The more intense you look for a ‘will’, the less probable is it that you may find anything be it an individual intention14, be it a collective dem ...
William Blackstone - Westmont College
... Professor Hart remarks in The Concept of Law that “[t]here are many different types of relations between law and morals and there is nothing which can be profitably singled out for study as the relation between them.”2 There is much truth in this statement, and, of course, the types of attributed re ...
... Professor Hart remarks in The Concept of Law that “[t]here are many different types of relations between law and morals and there is nothing which can be profitably singled out for study as the relation between them.”2 There is much truth in this statement, and, of course, the types of attributed re ...
Ethics: Discovering Right and Wrong
... obligation such as God, human reason, or the desire to be happy Seeks to establish principles of right behavior that may serve as action guides for individuals and groups ...
... obligation such as God, human reason, or the desire to be happy Seeks to establish principles of right behavior that may serve as action guides for individuals and groups ...
Introduction to Historical Jurisprudence Paul Vinogradoff 1920
... lifetime, and this was a felony... Thus Sir James Hales being alive caused the death of Sir James Hales, and the act of the live man effected the death of the dead man.8 Although every rule of logic may be illustrated from legal practice, on the other hand there is a considerable admixture of techni ...
... lifetime, and this was a felony... Thus Sir James Hales being alive caused the death of Sir James Hales, and the act of the live man effected the death of the dead man.8 Although every rule of logic may be illustrated from legal practice, on the other hand there is a considerable admixture of techni ...
Ethics—The Basics by John Mizzoni
... – All international laws – All federal and state laws – All local laws (e.g., municipal and township laws) ...
... – All international laws – All federal and state laws – All local laws (e.g., municipal and township laws) ...
Contemporary Ethical Theories and Jurisprudence
... principle, the utility principle cannot be deduced from a more basic principle. But there may be other ways of empirically "justifying" first principles. "Is the principle of utility susceptible of any direct proof?" asks Bentham. "It should seem not: for that which is used to prove everything else, ...
... principle, the utility principle cannot be deduced from a more basic principle. But there may be other ways of empirically "justifying" first principles. "Is the principle of utility susceptible of any direct proof?" asks Bentham. "It should seem not: for that which is used to prove everything else, ...
Introduction to Ethics - ACFE San Diego Chapter
... ethics based on critical thinking • Socrates: real moral knowledge existed and could be discovered through argument and debate • Plato: real moral knowledge existed, but it could only be discovered by a few “experts” • Aristotle: ethics could be determined by ordinary practical ...
... ethics based on critical thinking • Socrates: real moral knowledge existed and could be discovered through argument and debate • Plato: real moral knowledge existed, but it could only be discovered by a few “experts” • Aristotle: ethics could be determined by ordinary practical ...
Copyright (c) 2003 Syracuse Law Review
... their practice. n30 According to this version of the republican thesis, these lawyers would use their new position to help the corporations extract themselves from the strictures of "classical legal science." n31 The result was that corporate lawyers emerged at the vanguard of the progressive legal ...
... their practice. n30 According to this version of the republican thesis, these lawyers would use their new position to help the corporations extract themselves from the strictures of "classical legal science." n31 The result was that corporate lawyers emerged at the vanguard of the progressive legal ...
why legal history matters
... historians concerns themselves with – social history, political history, economic history, cultural history, gender history etc. Two particular historians loom large in this transformation, although I choose them not so much because of their influence (which was substantial) as for the fact that one ...
... historians concerns themselves with – social history, political history, economic history, cultural history, gender history etc. Two particular historians loom large in this transformation, although I choose them not so much because of their influence (which was substantial) as for the fact that one ...
Meyer, Pierce, and the History of the Entire Human Race
... society moves from a primitive to a civilized state of development, and how it might fail to do so. For some stage-theorists, their own society provided a model of civilized achievement; for others, more work remained to be done. In either case, stage-theorists and the legal scholars they influence ...
... society moves from a primitive to a civilized state of development, and how it might fail to do so. For some stage-theorists, their own society provided a model of civilized achievement; for others, more work remained to be done. In either case, stage-theorists and the legal scholars they influence ...
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.