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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 mischief rule [1] is one of three rules of statutory interpretation traditionally applied by English courts, [2] the other two being the "plain meaning rule" (also known as the "literal rule") and the "golden rule". It is used to determine the exact scope of the "mischief" that the statute in question has set out to remedy, and to guide the ...
a rule of recognition, a rule by which any member of society may check to discover what the primary rules of the society are; a rule of change, by which existing primary rules might be created, altered or abolished; a rule of adjudication, by which the society might determine when a rule has been violated and prescribe a remedy;
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.
BEIJING (Reuters) - Proposed changes to a Chinese public security law to criminalise comments, clothing or symbols that "undermine the spirit" or "harm the feelings" of the country have triggered ...
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He explained that this term refers to the psychological changes induced by cross-cultural imitation. In a broader context, such notion is by many contemporary scholars applied to legal thought. The diffusion of law is a process of legal change in today’s age of globalization. Studies on diffusion of law are notably a new area of research in ...