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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]
Karl Llewellyn, another founder of the U.S. legal realism movement, similarly believed that the law is little more than putty in the hands of judges who are able to shape the outcome of cases based on their personal values or policy choices.
An inter jurisdictional Legal Services Council was established in order to regulate the legal profession and its delivery of legal services. [7] This resulted in the creation of the Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 [8] and the Legal Profession Uniform Conduct Barristers' Rules 2015. [9]
The recommendations of the Ethics Working Group of the Confederation of European Specialists in Paediatrics (CESP) places the onus of deciding at what age assent should be required is delegated on the Independent Ethical Committees for each study or individual healthcare institution, [7] but a general convention has arisen to use the rough ...
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 ...
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 ]
As Julius Stone wrote, legal positivist investigation is concerned primarily with "an analysis of legal terms, and an inquiry into the logical interrelations of legal propositions". [24] Further, law and its authority are framed as source-based: the validity of a legal norm depends not on its moral value, but on the sources determined by a ...