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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]
The plain meaning rule attempts to guide courts faced with litigation that turns on the meaning of a term not defined by the statute, or on that of a word found within a definition itself. According to the plain meaning rule, absent a contrary definition within the statute, words must be given their plain, ordinary and literal meaning.
As opposed to the plain meaning rule, the technical meaning rule applies the specific context and rules of grammar that are applied if the term is well defined and understood in an industry setting. To determine if there is a technical meaning, judges will look at whether the surrounding words are technical, and whether the act was directed to ...
Natural law is the law of natural rights. Legal rights are those bestowed onto a person by a given legal system (they can be modified, repealed, and restrained by human laws). The concept of positive law is related to the concept of legal rights. Natural law first appeared in ancient Greek philosophy, [2] and was referred to by Roman ...
In The Concept of Law, H. L. A. Hart argued that law is a "system of rules"; [35] John Austin said law was "the command of a sovereign, backed by the threat of a sanction"; [36] Ronald Dworkin describes law as an "interpretive concept" to achieve justice in his text titled Law's Empire; [37] and Joseph Raz argues law is an "authority" to ...
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The Concept of Law is a 1961 book by the legal philosopher H. L. A. Hart and his most famous work. [1] The Concept of Law presents Hart's theory of legal positivism—the view that laws are rules made by humans and that there is no inherent or necessary connection between law and morality—within the framework of analytic philosophy.