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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]
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 ...
A law regarding private debts, for instance, would be "a question to which the creditors are parties on one side, and the debtors on the other." To this question, and to others like it, Madison notes that, though "justice ought to hold the balance between them," the interested parties would reach different conclusions, "neither with a sole ...
You should do good deeds for socialism, because socialism leads to a better life for all working people. You should act in the spirit of mutual help and comradely cooperation in building socialism, respect the collective and take its criticism to heart. You should protect and increase the public property.
A belief in the instrumental nature of the law. Like Dewey and Pound, the realists believed that law does and should serve social ends. Judges take account of considerations of fairness and public policy, and they are right to do so. [15] A desire to separate legal from moral elements in the law. The realists were legal positivists who believed ...
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The principle was also discussed by Montesquieu in The Spirit of Law (1748). [41] The phrase "rule of law" appears in Samuel Johnson's Dictionary (1755). [42] In 1776, the notion that no one is above the law was popular during the founding of the United States. For example, Thomas Paine wrote in his pamphlet Common Sense that "in America, the ...
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