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Conflict theories are perspectives in political philosophy and sociology which argue that individuals and groups (social classes) within society interact on the basis of conflict rather than agreement, while also emphasizing social psychology, historical materialism, power dynamics, and their roles in creating power structures, social movements, and social arrangements within a society.
Western legal systems first recognized a core underpinning of conflict of laws—namely, that "foreign law, in appropriate instances, should be applied to foreign cases"—in the twelfth century. [ 15 ] : 9–10 Prior to that, the prevailing system was that of personal law , in which the laws applicable to each individual were dictated by the ...
Along with On Practice, it forms the philosophical underpinnings of the political ideology that would later become Maoism. It was written in August 1937, as an interpretation of the philosophy of dialectical materialism, while Mao was at his guerrilla base in Yan'an. Mao suggests that all movement and life is a result of contradiction. Mao ...
If laws are applied too strictly and mechanically, the law cannot keep pace with social innovation. Similarly, if there is an entirely new situation, a return to the policies forming the basic assumptions underpinning potentially relevant rules of law identifies the best guidelines for resolving the immediate dispute.
The English most close analogue is «rule of law». [2] Rechtsstaat is a concept in continental European legal thinking, originally borrowed from German legal philosophy, which can be translated as “legal state” or "state of law", or "state of rights", "constitutional state" in which the exercise of governmental power is constrained by the law.
Scholars have explored the philosophical underpinnings of Liber OZ, its historical context, and its implications for contemporary issues of freedom and human rights. Crowley's forward-thinking views on autonomy and expression along with his radical stance on the use of force to protect individual rights are both subjects of review.
Brainerd Currie (20 December 1912 – 7 September 1965) was a law professor noted for his work in conflict of laws and his creation of the concept of the governmental interests analysis. [ 1 ] [ 2 ] He was the father of law professor David P. Currie .
The philosophical underpinning of Priestley's millennial view of history was David Hartley's theory of association laid out in Observations on Man (1749). Hartley's associationism , an expansion of John Locke 's theories in Essay Concerning Human Understanding (1690, postulated that the human mind operated according to natural laws and that the ...