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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 violating the letter of the law, and (3) the ...
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]
Nomos, from Ancient Greek: νόμος, romanized: nómos, is the body of law governing human behavior. Nomos or Nomoi may refer to: Nomos (mythology), 'the spirit of law' in Greek mythology; Nomos (sociology), a habit or custom of social and political behavior, originally used by Carl Schmitt; Nomos (music), a genre of Ancient Greek music
The principle was also discussed by Montesquieu in The Spirit of Law (1748). [41] The phrase "rule of law" appears in Samuel Johnson's Dictionary (1755). [42] In 1776, the notion that no one is above the law was popular during the founding of the United States. For example, Thomas Paine wrote in his pamphlet Common Sense that "in America, the ...
The sociology of law examines the interaction of law with society and overlaps with jurisprudence, philosophy of law, social theory and more specialised subjects such as criminology. [ 214 ] [ 215 ] It is a transdisciplinary and multidisciplinary study focused on the theorisation and empirical study of legal practices and experiences as social ...
The plain meaning rule, also known as the literal rule, is one of three rules of statutory construction traditionally applied by English courts. [1] The other two are the "mischief rule" and the "golden rule". The plain meaning rule dictates that statutes are to be interpreted using the ordinary meaning of the language of the statute.
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Strictly speaking, this is a definition of human law. [8] The term "law" as used by Aquinas is equivocal, meaning that the primary meaning of law is "human law", but other, analogous concepts are expressed with the same term. [9]