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The Spirit of Law (French: De l'esprit des lois, originally spelled De l'esprit des loix [1]), also known in English as The Spirit of [the] Laws, is a treatise on political theory, as well as a pioneering work in comparative law by Montesquieu, published in 1748. [2]
Violating the perceived intention of the law has been found to affect people's judgments of culpability above and beyond violations of the letter of the law such that (1) a person can violate the letter of the law (but not the spirit) and not incur culpability, (2) a person can violate the spirit of the law and incur culpability, even without ...
Holmes introduced the "bad-man" theory of law: "[I]f we take the view of our friend the bad man we shall find that he does not care two straws" about either the morality or the logic of the law. For the bad man, "legal duty" signifies only "a prophecy that if he does certain things he will be subjected to disagreeable consequences by way of ...
The time has come to reaffirm our enduring spirit; to choose our better history; to carry forward that precious gift, that noble idea passed on from generation to generation: the God-given promise ...
We all strive to live a happy life. We pursue things that make us happy and avoid things that do not. There is no universal moral truth. Our experiences and preferences shape our sense of how to behave. We act morally when the happiness of others makes us happy. We benefit from living in, and supporting, an ethical society.
Of course, laws must be fixed and clear so that people can understand and abide by them on a daily basis. However, if the Constitution is more than a set of laws but also provides guiding concepts, which will in turn provide the foundations for laws, the costs and benefits of such an entirely-fixed meaning are very different.
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Therefore, the eternal law is not the same as divine plan.” (93.1) Augustine contradicts this idea by stating “the eternal law is the supreme plan that we should always obey.” Aquinas believes that the eternal law “is simply the plan of divine wisdom that directs all the actions and movements of created things.” (93.1) He says that ...