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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 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.
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.
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.
Cultural theory fits the least well with radical expectations, and unlike strain theory’s elements, cultural theories make no effort to view cultural principles as a solution to structural constraints. The cultural stance that an individual commits a crime because they have internalised pro-criminal values is widely accepted. [13]
This theory emerged at the time of the Enlightenment and it contended that it should focus on rationality. But, because it lacks sophistication, it was the operationalised in a mechanical way, assuming that there is a mathematics of deterrence, i.e. a proportional calculation undertaken first by policy makers and then by potential offenders.
Considered "the first movement in legal theory and legal scholarship in the United States to have espoused a committed Left political stance and perspective," [1] critical legal studies was committed to shaping society based on a vision of human personality devoid of the hidden interests and class domination that CLS scholars argued are at the root of liberal legal institutions in the West. [4]
"Law" is the label given to one of the means used to enforce the interests of the state. Hence, because each state is sovereign, the law can be used for any purpose. It is also common ground that, whether the society is meritocratic, democratic or autocratic, a small group emerges to lead. The reason for this group's emergence may be their ...