Search results
Results from the WOW.Com Content Network
Jurisprudence of values is referred to in various works all over the world. [2] [3] This modus of thinking of focuses on constitutional principles. [note 2] The jurisprudence of values centers on the concepts of incidence and interpretation of the legal norm, as well as rules and principles, and concepts like equality, freedom, and justice. [4]
Virtue ethics has implications for an account of the proper ends of legislation. If the aim of law is to make citizens virtuous (as opposed to maximizing utility or realizing a set of moral rights), what are the implications for the content of the laws? Virtue ethics has implications for legal ethics. Current approaches to legal ethics ...
Within legal positivism, theorists agree that law's content is a product of social facts, but theorists disagree whether law's validity can be explained by incorporating moral values. [38] Legal positivists who argue against the incorporation of moral values to explain law's validity are labeled exclusive (or hard) legal positivists.
Many laws create a paradox by placing the burden of proof of good moral character on the applicant while such a proof, but not the law, necessitates that the evaluators assess the beliefs and values of the applicant. [12] Good moral character is the opposite of moral turpitude, another legal concept in the United States used in similar instances.
For common law contracts, disputes over contract formation are subjected to what is known as the objective test of assent in order to determine whether a contract exists. This standard is also known as the officious bystander , reasonable bystander , reasonable third party , or reasonable person in the position of the party . [ 51 ]
The first is entitled "Assent and Apprehension", which deals with believing what one does not understand. The second, entitled "Assent and Inference", addresses the issue of believing what cannot be absolutely proven. Both parts deal with assent or belief. The first part discussed the relationship between assent and apprehension—what level of ...
They include the theory that the law is a set of commands issued by the sovereign authority, whose binding force is guaranteed by the threat of sanctions (coercitive imperativism); a theory of legal sources, in which statute law enjoys supremacy (legalism); a theory of the legal order, which is supposed to be a complete and coherent system of ...
To unify the laws in the applicable legal system [3] The validity of a legal system is independent from its efficacy. A completely ineffective rule may be a valid one - as long as it emanates from the rule of recognition. But to be a valid rule, the legal system of which the rule is a component must, as a whole, be effective.