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Thus shall is used with the meaning of obligation, and will with the meaning of desire or intention. An illustration of the supposed contrast between shall and will (when the prescriptive rule is adhered to) appeared in the 19th century, [11] and has been repeated in the 20th century [12] and in the 21st: [13] I shall drown; no one will save me!
For if it were, then could there be no voluntary act against reason. For a voluntary act is that, which proceedeth from the will, and no other. But if instead of a rational appetite, we shall say an appetite resulting from a precedent deliberation, then the definition is the same that I have given here. Will therefore is the last appetite in ...
A particularly fecund area of research has been the distinction between tort law and criminal law, which more generally bears on the difference between civil and criminal law. [2] In addition to analytic jurisprudence, legal philosophy is also concerned with normative theories of law.
Also, the idea that law is just a product of deliberate design, denied by natural law and linked to legal positivism, can easily generate totalitarianism: "If law is wholly the product of deliberate design, whatever the designer decrees to be law is just by definition and unjust law becomes a contradiction in terms. The will of the duly ...
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.
The law shapes politics, economics, history and society in various ways and also serves as a mediator of relations between people. Legal systems vary between jurisdictions, with their differences analysed in comparative law. In civil law jurisdictions, a legislature or other central body codifies and consolidates the law.
Among Rousseau's definitions of law, the textually closest variant can be found in a passage of the Lettres écrites de la montagne summarizing the argument of Du contrat social, in which law is defined as "a public and solemn declaration of the general will on an object of common interest." [2]
The central philosophy of Thelema is in two phrases from Liber AL: "do what thou wilt shall be the whole of the law" and "love is the law, love under will". Crowley urged their use in everyday communications, and himself used them to greet people. [48]