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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; and the relationship between law and other fields of study, including economics , ethics , history ...
The theory of criminal justice is the branch of philosophy of law that deals with criminal justice and in particular punishment. The theory of criminal justice has deep connections to other areas of philosophy, such as political philosophy and ethics , as well as to criminal justice in practice.
The Nuremberg principles are a set of guidelines for determining what constitutes a war crime.The document was created by the International Law Commission of the United Nations to codify the legal principles underlying the Nuremberg Trials of Nazi party members following World War II.
United States political question doctrine case law (17 P) Pages in category "Legal doctrines and principles" The following 200 pages are in this category, out of approximately 315 total.
Retributive justice is a legal concept whereby the criminal offender receives punishment proportional or similar to the crime.As opposed to revenge, retribution—and thus retributive justice—is not personal, is directed only at wrongdoing, has inherent limits, involves no pleasure at the suffering of others (i.e., schadenfreude, sadism), and employs procedural standards.
Labeling theory refers to an individual who is labeled by others in a particular way. The theory was studied in great detail by Becker. [52] It was originally derived from sociology, but is regularly used in criminological studies. When someone is given the label of a criminal they may reject or accept it and continue to commit crime.
In formal academically published theory, the real ruling class of a society reaches a temporary view on whether certain acts or behavior are harmful or criminal. Historically this one theory will be modified by scientific, medical evidence, by political change, and the criminal justice system may or may not treat those matters as crimes.
Political process theory is a theory of judicial interpretation championed by American legal scholar John Hart Ely, which argues that judges should focus on maintaining a well-functioning democratic process and guard against systematic biases in the legislative process.