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Violating the perceived intention of the law has been found to affect people's judgments of culpability above and beyond violations of the letter of the law such that (1) a person can violate the letter of the law (but not the spirit) and not incur culpability, (2) a person can violate the spirit of the law and incur culpability, even without violating the letter of the law, and (3) the ...
The Spirit of Law (French: De l'esprit des lois, originally spelled De l'esprit des loix [1]), also known in English as The Spirit of [the] Laws, is a treatise on political theory, as well as a pioneering work in comparative law by Montesquieu, published in 1748. [2]
a rule of recognition, a rule by which any member of society may check to discover what the primary rules of the society are; a rule of change, by which existing primary rules might be created, altered or abolished; a rule of adjudication, by which the society might determine when a rule has been violated and prescribe a remedy;
The claim that rules play a more important role in law than they do in ethics. In law, for example, respect for the rule of law may require judges to decide cases primarily by invoking legal rules and other well-established legal norms. In ethics, there may be more scope for individualized judgment and discretion, as well as a greater focus on ...
Legal awareness, sometimes called public legal education or legal literacy, is the empowerment of individuals regarding issues involving the law. [1] Legal awareness helps to promote consciousness of legal culture, participation in the formation of laws and the rule of law.
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The Nature of the Judicial Process established Cardozo "as one of the leading jurists of his time" [11] and "has become a classic of legal education." [12] Its continuing appeal is due, in part, to its self-effacing tone, its lapidary prose, and its attempt to strike a happy medium between legal formalism and radical realist theories that wholly reject traditional views of law, legal reasoning ...
In America, barreling through red lights on right turns has become a rule of the road. You’re likely to get honked at if you don’t speed through fast enough.