Search results
Results from the WOW.Com Content Network
The rule according to a higher law is a statement which expresses that no law may be enforced by the government unless it conforms with certain universal principles (written or unwritten) of fairness, morality, and justice. [1] Thus, the rule according to a higher law may serve as a practical legal criterion to qualify the instances of ...
The words "equal justice under law" paraphrase an earlier expression coined in 1891 by the Supreme Court. [7] [8] In the case of Caldwell v.Texas, Chief Justice Melville Fuller wrote on behalf of a unanimous Court as follows, regarding the Fourteenth Amendment: "the powers of the States in dealing with crime within their borders are not limited, but no State can deprive particular persons or ...
Justice in its broadest sense is the concept that individuals are to be treated in a manner that is fair. According to the Stanford Encyclopedia of Philosophy, the most plausible candidate for a core definition comes from the Institutes of Justinian, a codification of Roman Law from the sixth century AD, where justice is defined as "the constant and perpetual will to render to each his due".
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, [1] with its precise definition a matter of longstanding debate. [2] [3] [4] It has been variously described as a science [5] [6] and as the art of justice.
Murray, 76 U.S. 9 Wall. 274 (1869), the Supreme Court quoted Justice Joseph Story to explain the modes to reexamine facts tried by juries according to common law: "Mr. Justice Story ... referring to this part of the amendment, observed ... that it was 'a prohibition to the courts of the United States to re-examine any facts tried by a jury in ...
Equality before the law is a tenet of some branches of feminism. In the 19th century, gender equality before the law was a radical goal, but some later feminist views hold that formal legal equality is not enough to create actual and social equality between women and men.
The World Justice Project (WJP) [146] is an international organization that produces independent research and data, in order to build awareness, and stimulate action to advance the rule of law. [147] The World Justice Project defines the rule of law as a durable system of laws, institutions, norms, and country commitment that uphold four ...
On the bedrock of these two shared assumptions, the two theories differ in their interpretation of how morality might influence law. According to inclusive legal positivism (also called "soft positivism") it is possible that the criteria for identifying valid laws in a given legal system (that is, in Hart's terminology, its "rule of recognition ...