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Western legal systems first recognized a core underpinning of conflict of laws—namely, that "foreign law, in appropriate instances, should be applied to foreign cases"—in the twelfth century. [ 15 ] : 9–10 Prior to that, the prevailing system was that of personal law , in which the laws applicable to each individual were dictated by the ...
Along with On Practice, it forms the philosophical underpinnings of the political ideology that would later become Maoism. It was written in August 1937, as an interpretation of the philosophy of dialectical materialism, while Mao was at his guerrilla base in Yan'an. Mao suggests that all movement and life is a result of contradiction. Mao ...
Conflict theories are perspectives in political philosophy and sociology which argue that individuals and groups (social classes) within society interact on the basis of conflict rather than agreement, while also emphasizing social psychology, historical materialism, power dynamics, and their roles in creating power structures, social movements, and social arrangements within a society.
Constitutional theory is an area of constitutional law that focuses on the underpinnings of constitutional government. It overlaps with legal theory, constitutionalism, philosophy of law and democratic theory. It is not limited by country or jurisdiction.
If laws are applied too strictly and mechanically, the law cannot keep pace with social innovation. Similarly, if there is an entirely new situation, a return to the policies forming the basic assumptions underpinning potentially relevant rules of law identifies the best guidelines for resolving the immediate dispute.
The Elements of Law provides insight into Hobbes’s moral philosophy through ideas of sensation, pleasure, passion, pain, memory and reason. [6] This is expanded upon in De Cive: “… human nature… comprising the faculties of body and mind; . . . Physical force, Experience Reason and Passion". [6]
Conflict may not be interpreted as an extreme pathological event but as a regulatory acting force. This processual understanding of conflict and dispute became apparent and subsequently heavily theorized upon by the anthropological discipline within the latter half of the nineteenth century as a gateway to the law and order of a society.
Jurisprudence, also known as theory of law or philosophy of law, is the examination in a general perspective of what law is and what it ought to be.It investigates issues such as the definition of law; legal validity; legal norms and values; as well as the relationship between law and other fields of study, including economics, ethics, history, sociology, and political philosophy.