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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 liberty. [1]
The "legal acculturation of the subject" would thus occur thanks to the transmission by school (or other channels conveying of the common culture), integrating the historical experience assimilated by national culture and fundamental concepts and values of the national legal heritage (in particular regarding the state, the citizen, law or ...
Legal consciousness is the way in which law is experienced and interpreted by specific individuals as they engage, avoid, resist or just assume the law and legal meanings. [4] Legal consciousness is a state of being, legal socialisation is the process to Legal consciousness; where as legal awareness & legal mobilisation are means to achieve the ...
An Introduction to the Principles of Morals and Legislation is a book by the English philosopher and legal theorist Jeremy Bentham "originally printed in 1780, and first published in 1789." [ 1 ] Bentham's "most important theoretical work," [ 2 ] it is where Bentham develops his theory of utilitarianism and is the first major book on the topic.
Ethics (also known as moral philosophy) is the branch of philosophy that involves systematizing, defending, and recommending concepts of right and wrong conduct. [1] The field of ethics, along with aesthetics , concern matters of value , and thus comprise the branch of philosophy called axiology .
Legal awareness, sometimes called public legal education or legal literacy, is the empowerment of individuals regarding issues involving the law. [1] Legal awareness helps to promote consciousness of legal culture, participation in the formation of laws and the rule of law. [2] [3]
In law, there is a known exception to the assumption that moral culpability lies in either individual character or freely willed acts. The insanity defense – or its corollary, diminished responsibility (a sort of appeal to the fallacy of the single cause) – can be used to argue that the guilty deed was not the product of a guilty mind. [17]
It states that an action can only be moral if it is motivated by a sense of duty, and its maxim may be rationally willed a universal, objective law. Central to Kant's theory of the moral law is the categorical imperative. Kant formulated the categorical imperative in various ways.