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In the philosophy of law, virtue jurisprudence is the set of theories of law related to virtue ethics.By making the aretaic turn in legal theory, virtue jurisprudence focuses on the importance of character and human excellence or virtue to questions about the nature of law, the content of the law, and judging.
Within legal positivism, theorists agree that law's content is a product of social facts, but theorists disagree whether law's validity can be explained by incorporating moral values. [38] Legal positivists who argue against the incorporation of moral values to explain law's validity are labeled exclusive (or hard) legal positivists.
An inter jurisdictional Legal Services Council was established in order to regulate the legal profession and its delivery of legal services. [7] This resulted in the creation of the Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 [8] and the Legal Profession Uniform Conduct Barristers' Rules 2015. [9]
Many laws create a paradox by placing the burden of proof of good moral character on the applicant while such a proof, but not the law, necessitates that the evaluators assess the beliefs and values of the applicant. [12] Good moral character is the opposite of moral turpitude, another legal concept in the United States used in similar instances.
The Treatise on Law deals with Aquinas view’s on the objective ethical aspect of human decision-making. Aquinas presents a question and then puts each question into article raising specific questions he has. The first three questions are broken down in four topics concerning the essence of law, the effects of law, and the eternal law.
The rule according to higher law is a practical approach to the implementation of the higher law theory that creates a bridge of mutual understanding (with regard to universal legal values) between the English-language doctrine of the rule of law, traditional for the countries of common law, and the originally German doctrine of Rechtsstaat ...
Meeting of the minds (also referred to as mutual agreement, mutual assent, or consensus ad idem) is a phrase in contract law used to describe the intentions of the parties forming the contract. In particular, it refers to the situation where there is a common understanding in the formation of the contract.
Most legal realists denied the existence of natural law, had a scientific approach to the law based on the distinction between describing and evaluating the law, and denied the existence of an objective (moral or political) obligation to obey the law; they therefore qualified as legal positivists.