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Here, the judgmental words are "our very own sons" and "mercenaries", which imply not only professional soldiers but rather soldiers of fortune. This argument is also a false dilemma : nothing implies that coercion and fear of punishment produces better soldiers than voluntarily, and that a professional army could not be assembled from the ...
A caution to a reader when using one example to illustrate a related but slightly different situation. The caution is that the reader must adapt the example to change what is needed for it to apply to the new situation. ne exeat: let him not exit [the republic] Shortened version of ne exeat republica: "let him not exit the republic". A writ to ...
Lord Campbell's reference to bad law was a reference to wrongly decided cases. [20] Robert Deal said that because the "bad Ellenborough law" is no longer extant, it is not possible to be certain that it actually was bad. [21] The Law Journal said that Campbell's drawer for Lord Ellenborough's bad law was probably opened rather too arrogantly. [22]
Obiter dictum (usually used in the plural, obiter dicta) is a Latin phrase meaning "other things said", [1] that is, a remark in a legal opinion that is "said in passing" by any judge or arbitrator. It is a concept derived from English common law , whereby a judgment comprises only two elements: ratio decidendi and obiter dicta .
Insensitivity to sample size, the tendency to under-expect variation in small samples. Less-is-better effect , the tendency to prefer a smaller set to a larger set judged separately, but not jointly. Neglect of probability , the tendency to completely disregard probability when making a decision under uncertainty.
Hard cases make bad law is an adage or legal maxim meaning that an extreme case is a poor basis for a general law that would cover a wider range of less extreme cases. In other words, a general law is better drafted for the average circumstance as this will be more common.
Akrasia (/ ə ˈ k r eɪ z i ə /; Greek ἀκρασία, "lacking command" or "weakness", occasionally transliterated as acrasia or Anglicised as acrasy or acracy) is a lack of mental strength or willpower, or the tendency to act against one's better judgment. [1]
In historical linguistics, the process of an inoffensive word becoming pejorative is a form of semantic drift known as pejoration.An example of pejoration is the shift in meaning of the word silly from meaning that a person was happy and fortunate to meaning that they are foolish and unsophisticated. [3]