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For example, some substantive due process liberties may be protectable according to the original meaning of the Privileges or Immunities Clause of the Fourteenth Amendment. Most originalists believe that rights should be identified and protected by the majority legislatively or, if legislatures lack the power, by constitutional amendments.
Scott Shapiro's Planning Theory of Law [2] is built upon two concepts: the nature of legal institutions and the nature of legal norms. The thesis of the Planning Theory argues how legal norms function as shared plans that legal institutions implement in order to exercise social control and governance, regardless of the moral merits of those norms and institutions.
Substantive laws, which govern outcomes, are contrasted with procedural laws, which govern procedure. Henry Sumner Maine said of early law, "So great is the ascendency of the Law of Actions in the infancy of Courts of Justice, that substantive law has at first the look of being gradually secreted in the interstices of procedure; and the early ...
Substantive democracy refers to substantive rights and substantive laws, which can include substantive equality, [2] the equality of outcome for subgroups in society. [ 3 ] [ 4 ] Liberal democracy emphasizes the separation of powers, an independent judiciary , and a system of checks and balances between branches of government.
Political ethics (also known as political morality or public ethics) is the practice of making moral judgments about political action and political agents. [1] It covers two areas: the ethics of process (or the ethics of office), which covers public officials and their methods, [2] [3] and the ethics of policy (or ethics and public policy), which concerns judgments surrounding policies and laws.
Substantive equality has been criticized in the past for its vague definition and its tenuous ability to help combat discrimination for marginalized and disadvantaged individuals. [8] Scholars have argued that the meaning of substantive equality remains elusive, which makes it difficult to implement change due to the lack of consensus.
Most traditional moral theories rest on principles that determine whether an action is right or wrong. Classical theories in this vein include utilitarianism, Kantianism, and some forms of contractarianism. These theories mainly offered the use of overarching moral principles to resolve difficult moral decisions. [citation needed]
Social philosophy is the study and interpretation of society and social institutions in terms of ethical values rather than empirical relations. [1] Social philosophers emphasize understanding the social contexts for political, legal, moral and cultural questions, and the development of novel theoretical frameworks, from social ontology to care ethics to cosmopolitan theories of democracy ...