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The philosopher Alfred Lessing argues that the difference between questions of law and questions of fact is ill-defined, with frequent disagreement over whether a given statement was the former or the latter. The distinction between "law" and "fact" has proved obscure wherever it is employed. For instance, the common law used to require that a ...
Nevertheless, the principles described herein have analogous treatment in other legal systems such as civil law systems as well. In most common law jurisdictions, the general concept and analysis of fact reflects fundamental principles of jurisprudence , and is supported by several well-established standards.
Legal research is "the process of identifying and retrieving information necessary to support legal decision-making. In its broadest sense, legal research includes each step of a course of action that begins with an analysis of the facts of a problem and concludes with the application and communication of the results of the investigation."
This barrier between fact and value, as construed in epistemology, implies it is impossible to derive ethical claims from factual arguments, or to defend the former using the latter. [2] The fact–value distinction is closely related to, and derived from, the is–ought problem in moral philosophy, characterized by David Hume. [3]
A common misconception is that scientific theories are rudimentary ideas that will eventually graduate into scientific laws when enough data and evidence have been accumulated. A theory does not change into a scientific law with the accumulation of new or better evidence. A theory will always remain a theory; a law will always remain a law.
The legal memorandum is the most common type of predictive legal analysis; it may include the client letter or legal opinion. The legal memorandum predicts the outcome of a legal question by analyzing the authorities governing the question and the relevant facts that gave rise to the legal question.
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 ...
Hume's law or Hume's guillotine [1] is the thesis that an ethical or judgmental conclusion cannot be inferred from purely descriptive factual statements. [ 2 ] A similar view is defended by G. E. Moore 's open-question argument , intended to refute any identification of moral properties with natural properties , which is asserted by ethical ...