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Never attribute to malice that which is adequately explained by stupidity. It is a philosophical razor that suggests a way of eliminating unlikely explanations for human behavior. It is probably named after a Ronald M. Hanlon, who submitted the statement to Murphy's Law Book Two: More Reasons Why Things Go Wrong!
A fact pattern or fact situation is a summary of the key facts of a particular legal case, presented without any associated discussion of their legal consequences. [1]For example, at common law, "Murder is the killing of another human being with malice aforethought and without justification or excuse."
The malice standard decides whether press reports about a public figure can be considered defamation or libel. In the United States criminal law system, 'Malice aforethought' is a necessary element for conviction in many crimes. (For example, many jurisdictions see malice aforethought as an element needed to convict for first degree murder.)
Glanville Williams & Dennis Baker Treatise of Criminal Law (Lexis 2021) pp. 265-283 [15] argued that mistake of fact applies to normative standards such as dishonesty in property offences and what is improper conduct in bribery offences. However, on the facts the House of Lords held the conviction was nonetheless safe despite the misdirection.
The sociology of law, legal sociology, or law and society, is often described as a sub-discipline of sociology or an interdisciplinary approach within legal studies. [1] Some see sociology of law as belonging "necessarily" to the field of sociology, [ 2 ] but others tend to consider it a field of research caught up between the disciplines of ...
The 'rule skeptics' rejected legal rules as providing uniformity in law, and tried instead to find uniformity in rules evolved out of psychology, anthropology, sociology, economics, politics, etc. Hans Kelsen, it will be remembered, maintained that it is not possible to derive an 'ought' from an 'is'. The 'rule skeptics' avoided that criticism ...
For Marcel Mauss, Durkheim's nephew and sometime collaborator, a total social fact (French fait social total) is "an activity that has implications throughout society, in the economic, legal, political, and religious spheres." [8] Diverse strands of social and psychological life are woven together through what he came to call total social facts.
The use of a Jury in the common law as a judge of fact is unique when compared to civil law systems. The Jury are triers of fact in both civil and criminal cases and this reflects a particular culture of law; namely the direct involvement of society in the legal framework. In France a judge's role as trier of law and fact is merely as an ...