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"A theory is scientific if and only if it divides the class of basic statements into the following two non-empty sub-classes: (a) the class of all those basic statements with which it is inconsistent, or which it prohibits—this is the class of its potential falsifiers (i.e., those statements which, if true, falsify the whole theory), and (b ...
The validity of a legal system is independent from its efficacy. A completely ineffective rule may be a valid one - as long as it emanates from the rule of recognition. But to be a valid rule, the legal system of which the rule is a component must, as a whole, be effective. According to Hart, any rule that complies with the rule of recognition ...
At the same time the newly established United States Court of Appeals for the Federal Circuit, which was supposed to establish a uniform case law for patent validity appeals, started to reject the "unusual and surprising approach" altogether and introduced the "teaching, suggestion and motivation" (TSM) test in ACS Hosp. Sys. (1984). [17]
Jurisprudence, also known as theory of law or philosophy of law, is the examination in a general perspective of what law is and what it ought to be.It investigates issues such as the definition of law; legal validity; legal norms and values; as well as the relationship between law and other fields of study, including economics, ethics, history, sociology, and political philosophy.
Typically, this happens when a constitution includes a clause requiring laws to respect human rights, or human dignity, or equality, thus incorporating some moral standard into the legal system. Conformity with moral principle may be a condition of legal validity. [4]
In classical logic, intuitionistic logic, and similar logical systems, the principle of explosion [a] [b] is the law according to which any statement can be proven from a contradiction. [ 1 ] [ 2 ] [ 3 ] That is, from a contradiction, any proposition (including its negation ) can be inferred; this is known as deductive explosion .
In United States law, the Frye standard, Frye test, or general acceptance test is a judicial test used in some U.S. state courts to determine the admissibility of scientific evidence. It provides that expert opinion based on a scientific technique is admissible only when the technique is generally accepted as reliable in the relevant scientific ...
While a logical argument is a non sequitur if, and only if, it is invalid, the term "non sequitur" typically refers to those types of invalid arguments which do not constitute formal fallacies covered by particular terms (e.g., affirming the consequent). In other words, in practice, "non sequitur" refers to an unnamed formal fallacy.