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Faith and rationality exist in varying degrees of conflict or compatibility. Rationality is based on reason or facts. Faith is belief in inspiration, revelation, or authority. The word faith sometimes refers to a belief that is held in spite of or against reason or empirical evidence, or it can refer to belief based upon a degree of evidential ...
Rational basis review is not a genuine effort to determine the legislature's actual reasons for enacting a statute, nor to inquire into whether a statute does in fact further a legitimate end of government. A court applying rational basis review will virtually always uphold a challenged law unless every conceivable justification for it is a ...
Under rational-legal authority, legitimacy is seen as coming from a legal order and the laws that have been enacted in it (see also natural law and legal positivism).. Weber defined legal order as a system where the rules are enacted and obeyed as legitimate because they are in line with other laws on how they can be enacted and how they should be obeyed.
The panelists repeated the myth that America was founded as a Christian nation and misrepresented our Constitution’s promise of separation between church and state.
According to the Supreme Court, there is a difference between the credit owed to laws (i.e. legislative measures and common law) as compared to the credit owed to judgments. [1] Judges and lawyers agree on the meaning of the clause with respect to the recognition of judgments rendered by one state in the courts of another.
It is the authority that demands obedience to the office rather than the officeholder; once a leader leaves office, their rational-legal authority is lost. Weber identified "rationally-created rules" [3] as the central feature of this form of authority. Modern democracies contain many examples of legal-rational regimes. There are different ways ...
In Pacific States, a utility company challenged an Oregon tax law passed by a referendum, as opposed to the ordinary legislative process. [21] The utility company claimed that the use of referendums, as a form of direct democracy, violated the republican form of government clause, which permits only a representative democracy. [21]
In U.S. law, the legal concept of implied covenant of good faith and fair dealing arose in the mid-19th century because contemporary legal interpretations of “the express contract language, interpreted strictly, appeared to grant unbridled discretion to one of the parties”. [1] In 1933, in the case of Kirke La Shelle Company v.