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Jurisprudence
Jurisprudence
Jurisprudence
or legal theory is the theoretical study of law, principally by philosophers but, from the twentieth century, also by social scientists. Scholars of jurisprudence, also known as jurists or legal theorists, hope to obtain a deeper understanding of legal reasoning, legal systems, legal institutions, and the role of law in society. Modern jurisprudence began in the 18th century and was focused on the first principles of the natural law, civil law, and the law of nations.[1] General jurisprudence can be divided into categories both by the type of question scholars seek to answer and by the theories of jurisprudence, or schools of thought, regarding how those questions are best answered
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Francisco De Vitoria
Catholicism portal Philosophy
Philosophy
portalv t e Francisco de Vitoria
Francisco de Vitoria
OP (c. 1483 – 12 August 1546; also known as Francisco de Victoria) was a Roman Catholic philosopher, theologian, and jurist of Renaissance
Renaissance
Spain. He is the founder of the tradition in philosophy known as the School of Salamanca, noted especially for his contributions to the theory of just war and international law
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Roman Empire
Mediolanum
Mediolanum
(286–402, Western) Augusta Treverorum Sirmium Ravenna
Ravenna
(402–476, Western) Nicomedia
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Golden Mean (philosophy)
In ancient Greek philosophy, especially that of Aristotle, the golden mean or golden middle way or is the desirable middle between two extremes, one of excess and the other of deficiency.[citation needed] For example, in the Aristotelian view, courage is a virtue, but if taken to excess would manifest as recklessness, and, in deficiency, cowardice. To the Greek mentality, it was an attribute of beauty. Both ancients and moderns believed that there is a close association in mathematics between beauty and truth. The Greeks believed there to be three "ingredients" to beauty: symmetry, proportion, and harmony. Beauty
Beauty
was an object of love and something that was to be imitated and reproduced in their lives, architecture, education (paideia), and politics
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Eudemian Ethics
[*]: Authenticity disputed strikethrough: Generally agreed to be spuriousv t eThe Eudemian Ethics
Ethics
(Greek: Ἠθικὰ Εὐδήμεια; Latin: Ethica Eudemia[1]), sometimes abbreviated EE in scholarly works, is a work of philosophy by Aristotle. Its primary focus is on Ethics, making it one of the primary sources available for study of Aristotelian Ethics. It is named for Eudemus of Rhodes, a pupil of Aristotle
Aristotle
who may also have had a hand in editing the final work.[2] It is commonly believed to have been written before the Nicomachean Ethics, though this is not without controversy.[2][3] Overview[edit] The Eudemian Ethics
Ethics
is less well-known than Aristotle's Nicomachean Ethics, and when scholars refer simply to the Ethics
Ethics
of Aristotle, the latter is generally intended
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Nicomachean Ethics
[*]: Authenticity disputed strikethrough: Generally agreed to be spuriousv t eFirst page of a 1566 edition of the Nicomachean Ethics
Ethics
in Greek and LatinThe Nicomachean Ethics
Ethics
(/ˌnɪkoʊˈmækiən/; Ancient Greek: Ἠθικὰ Νικομάχεια) is the name normally given to Aristotle's best-known work on ethics. The work, which plays a pre-eminent role in defining Aristotelian ethics, consists of ten books, originally separate scrolls, and is understood to be based on notes from his lectures at the Lyceum. The title is often assumed to refer to his son Nicomachus, to whom the work was dedicated or who may have edited it (although his young age makes this less likely). Alternatively, the work may have been dedicated to his father, who was also called Nicomachus. The theme of the work is a Socratic question previously explored in the works of Plato, Aristotle's friend and teacher, of how men should best live
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Ius Naturale
Ius naturale is Latin for natural right, the laws common to all beings. Roman jurists wondered why the ius gentium (the laws which applied to foreigners and citizens alike) was in general accepted by all people living in the Empire. Their conclusion was that these laws made sense to a reasonable person and thus were followed. All laws which would make sense to a normal person were called ius naturale. Slavery, for example, was part of the empire-wide ius gentium because slavery was known and accepted as a normal social institution in all parts of the known world. Nevertheless, as forcing people to work for others was a human-produced condition, it was not considered natural and, hence, was part of the ius gentium but not the ius naturale. The ius naturale of the Roman jurists is not the same as implied by the modern sense of natural law as something derived from pure reason. As Sir Henry James Sumner Maine puts it, "it was never thought of as founded on quite untested principles
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Latin
Latin
Latin
(Latin: lingua latīna, IPA: [ˈlɪŋɡʷa laˈtiːna]) is a classical language belonging to the Italic branch of the Indo-European languages. The Latin alphabet
Latin alphabet
is derived from the Etruscan and Greek alphabets, and ultimately from the Phoenician alphabet. Latin
Latin
was originally spoken in Latium, in the Italian Peninsula.[3] Through the power of the Roman Republic, it became the dominant language, initially in Italy and subsequently throughout the Roman Empire. Vulgar Latin
Vulgar Latin
developed into the Romance languages, such as Italian, Portuguese, Spanish, French, and Romanian. Latin, Greek and French have contributed many words to the English language
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Natural Justice
In English law, natural justice is technical terminology for the rule against bias (nemo iudex in causa sua) and the right to a fair hearing (audi alteram partem). While the term natural justice is often retained as a general concept, it has largely been replaced and extended by the general "duty to act fairly". The basis for the rule against bias is the need to maintain public confidence in the legal system. Bias can take the form of actual bias, imputed bias or apparent bias. Actual bias is very difficult to prove in practice while imputed bias, once shown, will result in a decision being void without the need for any investigation into the likelihood or suspicion of bias. Cases from different jurisdictions currently apply two tests for apparent bias: the "reasonable suspicion of bias" test and the "real likelihood of bias" test
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Socrates
Socrates
Socrates
(/ˈsɒkrətiːz/;[2] Ancient Greek: Σωκρᾰ́της, translit. Sōkrátēs, [sɔːkrátɛːs]; c. 470 – 399 BC)[3][4] was a classical Greek (Athenian) philosopher credited as one of the founders of Western philosophy, and as being the first moral philosopher,[5][6] of the Western ethical tradition of thought.[7][8][9] An enigmatic figure, he made no writings, and is known chiefly through the accounts of classical writers writing after his lifetime, particularly his students Plato
Plato
and Xenophon. Other sources include the contemporaneous Antisthenes, Aristippus, and Aeschines of Sphettos
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Francesco Hayez
Francesco Hayez
Francesco Hayez
(Italian: [franˈtʃesko ˈaːjets]; 10 February 1791 – 21 December 1882) was an Italian painter, the leading artist of Romanticism
Romanticism
in mid-19th-century Milan, renowned for his grand historical paintings, political allegories and exceptionally fine portraits.Contents1 Biography 2 Gallery 3 See also 4 ReferencesBiography[edit] Francesco Hayez
Francesco Hayez
- Self-portrait with Tiger and LionHayez came from a relatively poor family from Venice. His father, Giovanni, was of French origin while his mother, Chiara Torcella, was from Murano. The child Francesco, youngest of five sons, was brought up by his mother's sister, who had married Giovanni Binasco, a well-off shipowner and collector of art. From childhood he showed a predisposition for drawing, so his uncle apprenticed him to an art restorer
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Scholasticism
Catholicism portal Philosophy
Philosophy
portalv t e Scholasticism
Scholasticism
is a method of critical thought which dominated teaching by the academics ("scholastics", or "schoolmen") of medieval universities in Europe from about 1100 to 1700, and a program of employing that method in articulating and defending dogma in an increasingly pluralistic context. It originated as an outgrowth of and a departure from Christian monastic schools at the earliest European universities.[1] The first institutions in the West to be considered universities were established in Italy, France, Spain, and England in the late 11th and 12th centuries for the study of arts, law, medicine, and theology,[2] such as Schola Medica Salernitana, the University
University
of Bologna, and the University
University
of Paris
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Plato Republic
The Republic (Greek: Πολιτεία, Politeia; Latin: Res Publica[1]) is a Socratic dialogue, written by Plato around 380 BC, concerning justice (δικαιοσύνη), the order and character of the just, city-state, and the just man.[2] It is Plato's best-known work, and has proven to be one of the world's most influential works of philosophy and political theory, both intellectually and historically.[3][4] In the book's dialogue, Socrates discusses the meaning of justice and whether or not the just man is happier than the unjust man with various Athenians and foreigners.[5] They consider the natures of existing regimes and then propose a series of different, hypothetical cities in comparison. This culminates in the discussion of Kallipolis (Καλλίπολις), a hypothetical city-state ruled by a philosopher king
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Thomism
Catholicism portal Philosophy
Philosophy
portalv t e Thomism
Thomism
is the philosophical school that arose as a legacy of the work and thought of Thomas Aquinas
Thomas Aquinas
(1225–1274), philosopher, theologian, and Doctor of the Church. In philosophy, Aquinas' disputed questions and commentaries on Aristotle
Aristotle
are perhaps his most well-known works. In theology, his Summa Theologica
Summa Theologica
is one of the most influential documents in medieval theology and continues to be the central point of reference for the philosophy and theology of the Catholic Church. In the 1914 encyclical Doctoris Angelici[1] Pope Pius X
Pope Pius X
cautioned that the teachings of the Church cannot be understood without the basic philosophical underpinnings of Aquinas' major theses:The capital theses in the philosophy of St
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Natural Theology
Natural theology, once also termed physico-theology, is a type of theology that provides arguments for the existence of God
God
based on reason and ordinary experience of nature. This distinguishes it from revealed theology, which is based on scripture and/or religious experiences, and also from transcendental theology, which is based on a priori reasoning. Marcus Terentius Varro
Marcus Terentius Varro
(116 BC – 27 BC) established a distinction between political theology (the social functions of religion), natural theology and mythical theology. His terminology became part of the Stoic tradition and then Christianity
Christianity
through St. Augustine and St. Thomas Aquinas. Natural theology is thus a type of philosophy, the object of which is explanation of the nature of the gods, or of one supreme God
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Scholar
The scholarly method or scholarship is the body of principles and practices used by scholars to make their claims about the world as valid and trustworthy as possible, and to make them known to the scholarly public. It is the methods that systemically advance the teaching, research, and practice of a given scholarly or academic field of study through rigorous inquiry. Scholarship is noted by its significance to its particular profession, and is creative, can be documented, can be replicated or elaborated, and can be and is peer-reviewed through various methods.[1]Contents1 Methods 2 Ethical issues 3 See also 4 ReferencesMethods[edit] Originally started to reconcile the philosophy of the ancient classical philosophers with medieval theology, scholasticism is not a philosophy or theology in itself but a tool and method for learning which places emphasis on dialectical reasoning
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