Moving Beyond the Law of The Fathers Toni Morrison`s Paradise
... supremacy which formed, if not slavery, then a caste system maintained through law and through violence. While other blacks who were similarly deposed are able to find white collar work, both the white and black communities deny Zechariah any work other than the most menial, and he is reduced to the ...
... supremacy which formed, if not slavery, then a caste system maintained through law and through violence. While other blacks who were similarly deposed are able to find white collar work, both the white and black communities deny Zechariah any work other than the most menial, and he is reduced to the ...
Preview Sample 1
... utilitarianism, then the principle of the greatest good for the greatest number will agree that the secrecy and candor guaranteed by the rules of diplomacy are essential, and releasing the documents is unethical. If the learner applies rational ethics then the secrecy involved in international relat ...
... utilitarianism, then the principle of the greatest good for the greatest number will agree that the secrecy and candor guaranteed by the rules of diplomacy are essential, and releasing the documents is unethical. If the learner applies rational ethics then the secrecy involved in international relat ...
Chapter 3 – Nonconsequentialist Theories of Morality
... among these theories. Kant, Ross and Rawls can be profitably treated together although Ross should also of course be placed under intuitionism. Divine command theory can be linked to previous discussions of natural law and a discussion of Aristotle and Macintyre, making sure that the distinction bet ...
... among these theories. Kant, Ross and Rawls can be profitably treated together although Ross should also of course be placed under intuitionism. Divine command theory can be linked to previous discussions of natural law and a discussion of Aristotle and Macintyre, making sure that the distinction bet ...
Cynthia Nicoletti, Writing the Social History of Legal Doctrine, 64 Buff
... George W. Bush for presidential excesses during the War on Terror, but ideally, one has to be able to do that in a way that doesn’t collaterally condemn Lincoln.15 But Lincoln’s soaring statements about the pettiness of rigidly adhering to legal doctrine in the midst of the Civil War cannot substitu ...
... George W. Bush for presidential excesses during the War on Terror, but ideally, one has to be able to do that in a way that doesn’t collaterally condemn Lincoln.15 But Lincoln’s soaring statements about the pettiness of rigidly adhering to legal doctrine in the midst of the Civil War cannot substitu ...
of the Roman Criminal Law in Today`s Macedonian Criminal
... d) The action or omission to be unlawful and the consequence of the criminal act is causing harm to someone. But if the action was taken in cases of self-defense or in cases of emergency, then even though there was an action and a consequence, the unlawful condition was excluded (inculpata tutela). ...
... d) The action or omission to be unlawful and the consequence of the criminal act is causing harm to someone. But if the action was taken in cases of self-defense or in cases of emergency, then even though there was an action and a consequence, the unlawful condition was excluded (inculpata tutela). ...
Is the Law Founded on Facts?
... It is natural to presume that defined objects of knowledge exist. In Plato’s Parmenides in the form of a dialogue Sokrates describes ideas and says ‘each of these ideas may be only a thought, which can exist only in our minds’. Parmenides asks: ‘is each thought one, but a thought of nothing’. ‘That ...
... It is natural to presume that defined objects of knowledge exist. In Plato’s Parmenides in the form of a dialogue Sokrates describes ideas and says ‘each of these ideas may be only a thought, which can exist only in our minds’. Parmenides asks: ‘is each thought one, but a thought of nothing’. ‘That ...
FEMINISM AND LEGAL POSITIVISM Margot Stubbs
... the definition of law provided in the legal-positivist tradition. A feminist critique of law cannot be expressed within a framework that is predicated on the autonomy of the law - that is, one based on an understanding of law as a neutral and independent structure that is supposedly uninvolved as an ...
... the definition of law provided in the legal-positivist tradition. A feminist critique of law cannot be expressed within a framework that is predicated on the autonomy of the law - that is, one based on an understanding of law as a neutral and independent structure that is supposedly uninvolved as an ...
Lecture The Sociology of Law as an Empirical
... Of course, it would be more precise to say that they should possess it. Any statistical investigation in Durkheim’s time, or even today, would show that things are in no way at a optimum with regard to respect and compliance with human rights and obligations. Let us now summarize Durkheim’s perspect ...
... Of course, it would be more precise to say that they should possess it. Any statistical investigation in Durkheim’s time, or even today, would show that things are in no way at a optimum with regard to respect and compliance with human rights and obligations. Let us now summarize Durkheim’s perspect ...
Judicial Activism – Justice or Treason?
... derive most of their force from normative paradigms of the judicial task. It is because of the our ideas about role of courts in society, for instance, settling disputes or enforcing legal obligations that we require judges to be impartial, unbiased, listen to both parties, and, yes, perhaps justice ...
... derive most of their force from normative paradigms of the judicial task. It is because of the our ideas about role of courts in society, for instance, settling disputes or enforcing legal obligations that we require judges to be impartial, unbiased, listen to both parties, and, yes, perhaps justice ...
THE POLITICAL THEOLOGY OF TRADE LAW: The Scholastic
... that this was the reason for which it or at least its general principles – including for example the notion that contracts are binding – were eternal and unchanging.13 However, after the Fall human beings were chased out of the City of God and compelled to live as sinners in the City of Man. This me ...
... that this was the reason for which it or at least its general principles – including for example the notion that contracts are binding – were eternal and unchanging.13 However, after the Fall human beings were chased out of the City of God and compelled to live as sinners in the City of Man. This me ...
Legal Positivism
... Discretion Thesis, but the other basic tenets of positivism as well – such is the nature of the relations among them. Here is how the remainder of the edifice crumbles. If the moral principles to which judges appeal in hard cases are even sometimes law, then it cannot be true that all laws are rules ...
... Discretion Thesis, but the other basic tenets of positivism as well – such is the nature of the relations among them. Here is how the remainder of the edifice crumbles. If the moral principles to which judges appeal in hard cases are even sometimes law, then it cannot be true that all laws are rules ...
The Importance of Social Activism to a Fuller Concept of Law
... I argue that this inner morality of law must, at a minimum, promote collective human security and welfare in society. For Fuller, “[l]aw, as something deserving loyalty, must represent a human achievement; it cannot be a simple fiat of power or a repetitive pattern discernible in the behaviour of st ...
... I argue that this inner morality of law must, at a minimum, promote collective human security and welfare in society. For Fuller, “[l]aw, as something deserving loyalty, must represent a human achievement; it cannot be a simple fiat of power or a repetitive pattern discernible in the behaviour of st ...
In employing the term “rights to do wrong,” I mean
... understood, is its commitment to posing the most comprehensive questions concerning law’s intersections with life’s myriad other, nonlegal dimensions, by drawing on diverse currents of thought, notably philosophy and economics, but also psychology, anthropology, and literary discourse. A sustained e ...
... understood, is its commitment to posing the most comprehensive questions concerning law’s intersections with life’s myriad other, nonlegal dimensions, by drawing on diverse currents of thought, notably philosophy and economics, but also psychology, anthropology, and literary discourse. A sustained e ...
International Law and the UN System
... challenge, the normative challenge, and the professional challenge. The book is intended to be a comprehensive examination of the issues, as well as a support for both the concept and the continuing development of international law. Their first chapter on “The Concept of International Law” argues th ...
... challenge, the normative challenge, and the professional challenge. The book is intended to be a comprehensive examination of the issues, as well as a support for both the concept and the continuing development of international law. Their first chapter on “The Concept of International Law” argues th ...
Chapter 10
... The novel Spartacus was written by the French author Bernard Joseph Saurin in 1760. The novel was named after the Thracian slave who died in 71 B.C. after leading a revolt against the Roman authorities. In this novel, Saurin wrote: "The law often permits what honor forbids." That quote truly encapsu ...
... The novel Spartacus was written by the French author Bernard Joseph Saurin in 1760. The novel was named after the Thracian slave who died in 71 B.C. after leading a revolt against the Roman authorities. In this novel, Saurin wrote: "The law often permits what honor forbids." That quote truly encapsu ...
Document
... A theory inspired by feminist approaches to morality, rejects traditional approaches to ethics on the grounds that they place too much emphasis on duties, rights, and justice. Such traditional theories are too abstract, legalistic, and uncaring, according to this view of feminist. The ethics of ...
... A theory inspired by feminist approaches to morality, rejects traditional approaches to ethics on the grounds that they place too much emphasis on duties, rights, and justice. Such traditional theories are too abstract, legalistic, and uncaring, according to this view of feminist. The ethics of ...
CONFUCIUS AND KANT OR THE ETHICS OF DUTY
... reflecting the hidden and immutable human nature substance, not what might be really improved. Those who reached that step, says Confucius, could foresee the future, the peoples’ destiny, their rise and fall, behaving- due to these high skills of the spirit - like the immaterial intelligence, they a ...
... reflecting the hidden and immutable human nature substance, not what might be really improved. Those who reached that step, says Confucius, could foresee the future, the peoples’ destiny, their rise and fall, behaving- due to these high skills of the spirit - like the immaterial intelligence, they a ...
Ethical Theories - Almaty Management University
... cooking we may decide to be less than completely honest in order to avoid harming that person Since conflicts among various principles and standards can arise, we must frequently exercise our judgment in deciding how we should act. In order to exercise our judgment, we need to understand the parti ...
... cooking we may decide to be less than completely honest in order to avoid harming that person Since conflicts among various principles and standards can arise, we must frequently exercise our judgment in deciding how we should act. In order to exercise our judgment, we need to understand the parti ...
hart`s concept of law and justice
... which things are law and which are not and also provides a means for identifying the law in a morally neutral approach. It also affords an answer to the question of when a legal system exists. The master rule of recognition is the ultimate source of a legal system – like the Austin’s sovereign7. Acc ...
... which things are law and which are not and also provides a means for identifying the law in a morally neutral approach. It also affords an answer to the question of when a legal system exists. The master rule of recognition is the ultimate source of a legal system – like the Austin’s sovereign7. Acc ...
Catholic Moral Decision Making
... Scrupulosity and circumvention. When an institution creates a large body of laws, there is always the presence of two extremes in response to those laws. One extreme is scrupulosity and flows from a fear of not perfectly following the law. The other extreme seeks to circumvent the law. Such persons ...
... Scrupulosity and circumvention. When an institution creates a large body of laws, there is always the presence of two extremes in response to those laws. One extreme is scrupulosity and flows from a fear of not perfectly following the law. The other extreme seeks to circumvent the law. Such persons ...
Wisdom of Customary law The wisdom “strength, honour and
... on possession and long prescriptive right rather than on legal documents. Thus, in both the field of common law and the sphere of property rights, it was recognized that an appeal to prescription could make good a lack of documentary legal evidence” However the historical fact may be of a social con ...
... on possession and long prescriptive right rather than on legal documents. Thus, in both the field of common law and the sphere of property rights, it was recognized that an appeal to prescription could make good a lack of documentary legal evidence” However the historical fact may be of a social con ...
Is There a "Higher Law"? Does It Matter?
... the normative has its status as normative quite apart from God. Most moral philosophers, myself included, would regard it as a mistake to think that the existence of moral truths, and so the existence of a higher law, has any crucial connection with God (assuming God exists), let alone with religion ...
... the normative has its status as normative quite apart from God. Most moral philosophers, myself included, would regard it as a mistake to think that the existence of moral truths, and so the existence of a higher law, has any crucial connection with God (assuming God exists), let alone with religion ...
I Introduction - Legal Education Review
... this openness are positivist ones. It is, in contrast, those approaches influenced by the major alternative world view in jurisprudence that have a tendency to foreclose on this creativity. The latter traditions are those that forge direct connections between moral and legal obligations, whereas the ...
... this openness are positivist ones. It is, in contrast, those approaches influenced by the major alternative world view in jurisprudence that have a tendency to foreclose on this creativity. The latter traditions are those that forge direct connections between moral and legal obligations, whereas the ...
The Importance of Convergence in Commercial
... matter of where their proceedings will be conducted as one of significant importance. Obvious reasons for parties to pursue disputes as to venue include the potential ability to benefit from substantive legal principles particular to one jurisdiction, or the possibility of obtaining greater damages ...
... matter of where their proceedings will be conducted as one of significant importance. Obvious reasons for parties to pursue disputes as to venue include the potential ability to benefit from substantive legal principles particular to one jurisdiction, or the possibility of obtaining greater damages ...
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.