Philosophy

Making Amends: Atonement in Morality, Law, and Politics

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The critical legal studies (CLS) movement attempts to expand the radical aspects of legal realism into a Marxist critique of mainstream liberal jurisprudence. Because it is against the law: “Thou shalt not steal.” Why is it good to help a man when he is in trouble and difficulties? It argues that rights and responsibilities flow from past decisions and so count as legal, not just when they are explicit in these decisions but also when they follow from the principles of personal and political morality the explicit decisions presuppose by way of justification.
Philosophy

Legal Justice and Social Change

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Thus also they came to the doctrine of reasoning from the analogy of all legal rules, whether traditional or legislative, since all, so far as they had jural reality, had it because and to the extent that they embodied or realized a principle of natural law. This is allowed only in times of extreme distress or calamity. We consider questions relating to the connection between truth and ontology (or existence) concerning time, persistence, possibility, generality, composition, and causation.
Philosophy

On the Three Types of Juristic Thought (Contributions in

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What the public decision makers are often considered unclear. Dworkin’s attack on legal positivism is crucially founded on his concern that the law ought to ‘take rights seriously’. Only reason itself has genuine authority over us, so we must exercise our shared powers of reasoned deliberation, thought and judgment, guided by the Categorical Imperative as the most basic internal norm of reason, to construct more specific moral requirements.
Philosophy

Words and Phrases Legally Defined: 2006 Supplement

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If any of your questions about the philosophy of law have not been answered, or if you have any comments or suggestions, please email them to us at mail@onlinephilosophyclub.com or post them in our Philosophy Forums, and we will add the answers to our website. Therefore, consolidation of people is an imperative need of the hour. The development of the divine qualities is indispensable for the attainment of Self-realisation. One might affront the gods, and by one’s impiety in so doing might imperil the general security, since the angered gods were not unlikely to hit out indiscriminately and to cast pestilence or hurl lightning upon just and unjust alike in the community which harbored the impious wrongdoer.
Philosophy

Hannah Arendt and the Law (Law and Practical Reason)

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These are marvellously scholastic dramas embodying the Rasas of Sringara, Vira, Karuna, Adbhuta, Hasya, Bhayanaka, Bibhatsa and Raudra. The basic norm exists, but only in the ‘juristic consciousness’. Basically, natural law theory tries to ascertain a moral code to guide the state's lawmaking, based on notions of an objective morality. Kanaka Dasa was a great devotee of Lord Krishna in Udipi, in the district of South Kanara, in South India.
Philosophy

Jurisprudence and Legal Theory: Textbook (Bachelor of Laws

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The Upanishads are the concluding portions of the Vedas or the end of the Vedas. The purity of the individual soul is obscured by its Karma which is the result of Avidya. Let’s face it: Socrates was the first attorney. A nudum pactum or mere agreement or mere promise, not clothed with legal efficacy because it did not come within any of the categories of Edition: current; Page: [247] legal transactions sanctioned by the ius ciuile, created only a natural obligation.
Philosophy

How to Do Things with Rules (Law in Context)

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It supposes that law’s constraints benefit society not just by providing predictability or procedural fairness, or in some other instrumental 49 way, but by securing a kind of equality among citizens that makes their community more genuine and improves its moral justification for exercising the political power it does.. .. Wacks, R., Understanding Jurisprudence: An Introduction to Legal Theory, Oxford, Oxford University Press, 2012.
Philosophy

Custom as a Source of Law

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Hence it is eternal, but ever dependent. The Smritis are based on the teachings of the Vedas. In practice the answer invariably is: from the standards current in his society or his circle. Universal values, ‘master narratives’, are regarded by postmodernists like Lyotard as superfluous, if not meaningless. Unraveling Judicial Restraint: Guns, Abortion, and the Faux Conservatism of J. A philosophy major has long been recognized to provide a solid background in some of the most important skills required for law school, including analytic and problem-solving skills, critical reading ability, and clear research and writing skills.
Philosophy

Freedom, Recognition and Non-Domination: A Republican Theory

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She teaches courses in political and legal philosophy, the history of American political thought, and citizenship and immigration law. The object of Parasurama Avatara was to deliver the country from the oppression of the Kshatriya rulers. While not entirely rejecting the idea that judges can be constrained by rules, the realists maintained that judges create new law through the exercise of lawmaking discretion considerably more often than is commonly supposed.
Philosophy

Freedom of Communication (Applied Legal Philosophy)

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It is ignorance to think that one form is superior to another. The Tengalais regard Lakshmi as a created female being, though divine. From 1952 on he delivered the undergraduate lectures that turned into The Concept of Law (1961, posthumous second edition 1994). More will probably turn up if we start with these. The world is the product of Maya or Avidya. If this reason is sound, equivalent is only a mode of proving deliberation and the real point should be that the promise was made deliberately as something by which the maker expected to be bound, not that the deliberation was evidenced in a particular Edition: current; Page: [257] way by an equivalent.