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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; as well as the relationship between law and other fields of study, including economics, ethics, history, sociology, and political philosophy.
Portrait of Thomas Hobbes. Thomas Hobbes’s moral and political philosophy is constructed around the basic premise of social and political order, explaining how humans should live in peace under a sovereign power so as to avoid conflict within the ‘ state of nature ’. [1] Hobbes’s moral philosophy and political philosophy are intertwined ...
v. t. e. 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 ...
Justice is the concept of cardinal virtues, of which it is one. [11] Metaphysical justice has often been associated with concepts of fate, reincarnation or Divine Providence, i.e., with a life in accordance with a cosmic plan. The equivalence of justice and fairness has been historically and culturally established.
The rule of law is a political ideal that all people and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. [2] [3] It is sometimes stated simply as "no one is above the law". [4] The term rule of law is closely related to constitutionalism as well as Rechtsstaat. It refers to a ...
Legal moralism. Legal moralism is the theory of jurisprudence and the philosophy of law which holds that laws may be used to prohibit or require behavior based on society 's collective judgment of whether it is moral. It is often given as an alternative to legal liberalism, which holds that laws may only be used to the extent that they promote ...
The Department of Justice has held differing opinions through different administrations, with the Thornburgh Memo suggesting these rules do not apply, and the Reno Rules asserting that they do apply. Now, 28 U.S.C. § 530B provides that government attorneys are subject to the state ethics laws in the state in which they practice.
The social norm of reciprocity is the expectation that people will respond to each other in similar ways—responding to gifts and kindnesses from others with similar benevolence of their own, and responding to harmful, hurtful acts from others with either indifference or some form of retaliation. Such norms can be crude and mechanical, such as ...