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Substantive due process is a principle in United States constitutional law that allows courts to establish and protect substantive laws and certain fundamental rights from government interference, even if they are unenumerated elsewhere in the U.S. Constitution.
Political ethics (also known as political morality or public ethics) is the practice of making moral judgments about political action and political agents. [1] It covers two areas: the ethics of process (or the ethics of office), which covers public officials and their methods, [2] [3] and the ethics of policy (or ethics and public policy), which concerns judgments surrounding policies and laws.
The governmental theory of the atonement (also known as the rectoral theory, or the moral government theory) is a doctrine in Christian theology concerning the meaning and effect of the death of Jesus Christ. It teaches that Christ suffered for humanity so that God could forgive humans without punishing them while still maintaining divine justice.
John Bordley Rawls (/ r ɔː l z /; [2] February 21, 1921 – November 24, 2002) was an American moral, legal and political philosopher in the modern liberal tradition. [3] [4] Rawls has been described as one of the most influential political philosophers of the 20th century.
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 ...
Scott Shapiro's Planning Theory of Law [2] is built upon two concepts: the nature of legal institutions and the nature of legal norms. The thesis of the Planning Theory argues how legal norms function as shared plans that legal institutions implement in order to exercise social control and governance, regardless of the moral merits of those norms and institutions.
Substantive laws, which govern outcomes, are contrasted with procedural laws, which govern procedure. Henry Sumner Maine said of early law, "So great is the ascendency of the Law of Actions in the infancy of Courts of Justice, that substantive law has at first the look of being gradually secreted in the interstices of procedure; and the early ...
Principlism is an applied ethics approach to the examination of moral dilemmas centering the application of certain ethical principles. This approach to ethical decision-making has been prevalently adopted in various professional fields, largely because it sidesteps complex debates in moral philosophy at the theoretical level.