Search results
Results from the WOW.Com Content Network
A legal norm is a binding rule or principle, or norm, that organisations of sovereign power promulgate and enforce in order to regulate social relations.Legal norms determine the rights and duties of individuals who are the subjects of legal relations within the governing jurisdiction at a given point in time.
Overlapping consensus is a term coined by John Rawls [1] in A Theory of Justice and developed in Political Liberalism.The term overlapping consensus refers to how supporters of different comprehensive normative doctrines—that entail apparently inconsistent conceptions of justice—can agree on particular principles of justice that underwrite a political community's basic social institutions.
For example, "children should eat vegetables", and "those who would sacrifice liberty for security deserve neither" are philosophically normative claims. On the other hand, "vegetables contain a relatively high proportion of vitamins", and "a common consequence of sacrificing liberty for security is a loss of both" are positive claims.
Legal formalism is both a descriptive and normative theory of how judges should decide cases. [1] In its descriptive sense, formalists maintain that judges reach their decisions by applying uncontroversial principles to the facts; formalists believe that there is an underlying logic to the many legal principles that may be applied in different cases.
There is a divide between countries where prosecutions are inherently discretionary (known as the opportunity principle) and where prosecutions are mandatory (known as the legality principle). [1] In addition, in some countries prosecutors operate independently with more discretion vs in a hierarchical system that require more conformity.
Civil law is sometimes referred to as neo-Roman law, Romano-Germanic law or Continental law. The expression "civil law" is a translation of Latin jus civile, or "citizens' law", which was the late imperial term for its legal system, as opposed to the laws governing conquered peoples (jus gentium); hence, the Justinian Code's title Corpus Juris Civilis.
Thomas Aquinas conflated man-made law (lex humana) and positive law (lex posita or ius positivum). [3] [4] [5] However, there is a subtle distinction between them.Whereas human-made law regards law from the position of its origins (i.e. who it was that posited it), positive law regards law from the position of its legitimacy.
A more obviously action-oriented variety of such constitutive norms (as opposed to deontic or regulatory norms) establishes social institutions which give rise to new, previously nonexistent types of actions or activities (a standard example is the institution of marriage without which "getting married" would not be a feasible action; another ...