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Legal Norms
A legal norm is a binding rule or principle, or norm (philosophy), norm, that organisations of sovereign power promulgate and enforce in order to regulate social relations. Legal norms determine the rights and duties of individuals who are the subjects of legal relations within the governing jurisdiction at a given point in time. Competent state authorities issue and publish basic aspects of legal norms through a collection of laws that individuals under that government must abide by, which is further guaranteed by state coercion. There are two categories of legal norms: normativity, which regulates the conduct of people, and generality, which is binding on an indefinite number of people and cases. Diplomatic immunity, Diplomatic and legislative immunity refers to instances where legal norms are constructed to be targeted towards a minority group, minority and are specifically only binding on them, such as soldiers and Official, public officials.Palacky University. (2019). 'Legal Nor ...
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Norm (philosophy)
Norms are concepts ( sentences) of practical import, oriented to affecting an action, rather than conceptual abstractions that describe, explain, and express. Normative sentences imply "ought-to" (or "may", "may not") types of statements and assertions, in distinction to sentences that provide "is" (or "was", "will") types of statements and assertions. Common normative sentences include commands, permissions, and prohibitions; common normative abstract concepts include ''sincerity'', ''justification'', and ''honesty''. A popular account of norms describes them as reasons to take action, to believe, and to feel. Types of norms Orders and permissions express norms. Such norm sentences do not describe how the world ''is'', they rather prescribe how the world ''should be''. Imperative sentences are the most obvious way to express norms, but declarative sentences also may be norms, as is the case with laws or 'principles'. Generally, whether an expression is a norm depends on wha ...
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Legislation
Legislation is the process or result of enrolling, enacting, or promulgating laws by a legislature, parliament, or analogous governing body. Before an item of legislation becomes law it may be known as a bill, and may be broadly referred to as "legislation" while it remains under consideration to distinguish it from other business. Legislation can have many purposes: to regulate, to authorize, to outlaw, to provide (funds), to sanction, to grant, to declare, or to restrict. It may be contrasted with a non-legislative act by an executive or administrative body under the authority of a legislative act. Overview Legislation to design or amend a bill requires identifying a concrete issue in a comprehensive way. When engaging in legislation, drafters and policy-makers must take into consideration the best possible avenues to address problem areas. Possible solutions within bill provisions might involve implementing sanctions, targeting indirect behaviors, authorizing agency ...
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Temperance (virtue)
Temperance in its modern use is defined as moderation or voluntary self-restraint. It is typically described in terms of what a person voluntarily refrains from doing. This includes restraint from revenge by practicing mercy and forgiveness, restraint from arrogance by practicing humility and modesty, restraint from excesses such as extravagant luxury or splurging, restraint from overindulgence in food and drink, and restraint from rage or craving by practicing calmness and equanimity. The distinction between temperance and self-control is subtle. A person who exhibits self-control wisely refrains from giving in to unwise desires. A person who exhibits temperance does not have unwise desires in the first place because they have wisely shaped their character in such a way that their desires are proper ones. Aristotle suggested this analogy: An intemperate person is like a city with bad laws; a person who lacks self control is like a city that has good laws on the books but doesn’ ...
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Consequentialism
In moral philosophy, consequentialism is a class of normative, teleological ethical theories that holds that the consequences of one's conduct are the ultimate basis for judgement about the rightness or wrongness of that conduct. Thus, from a consequentialist standpoint, a morally right act (including omission from acting) is one that will produce a good outcome. Consequentialism, along with eudaimonism, falls under the broader category of teleological ethics, a group of views which claim that the moral value of any act consists in its tendency to produce things of intrinsic value.Teleological Ethics
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Punishment
Punishment, commonly, is the imposition of an undesirable or unpleasant outcome upon an individual or group, meted out by an authority—in contexts ranging from child discipline to criminal law—as a deterrent to a particular action or behavior that is deemed undesirable. It is, however, possible to distinguish between various different understandings of what punishment is. The reasoning for punishment may be to condition a child to avoid self-endangerment, to impose social conformity (in particular, in the contexts of compulsory education or military discipline), to defend norms, to protect against future harms (in particular, those from violent crime), and to maintain the law—and respect for rule of law—under which the social group is governed. and violates the law or rules by which the group is governed. Punishment may be self-inflicted as with self-flagellation and mortification of the flesh in the religious setting, but is most often a form of socia ...
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Criminal Law
Criminal law is the body of law that relates to crime. It proscribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and Well-being, welfare of people inclusive of one's self. Most criminal law is established by statute, which is to say that the laws are enacted by a legislature. Criminal law includes the punishment and Rehabilitation (penology), rehabilitation of people who violate such laws. Criminal law varies according to jurisdiction, and differs from Civil law (common law), civil law, where emphasis is more on dispute resolution and victim compensation, rather than on punishment or Rehabilitation (penology), rehabilitation. Criminal procedure is a formalized official activity that authenticates the fact of commission of a crime and authorizes punitive or rehabilitative treatment of the Criminal, offender. History The first Civilization, civilizations generally did not distinguish between Civil law (area), civil law and ...
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Rights
Rights are law, legal, social, or ethics, ethical principles of freedom or Entitlement (fair division), entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal system, social convention, or ethical theory. Rights are an important concept in law and ethics, especially theories of justice and deontology. The history of social conflicts has often involved attempts to define and redefine rights. According to the ''Stanford Encyclopedia of Philosophy'', "rights structure the form of governments, the content of laws, and the shape of morality as it is currently perceived". Types of rights Natural versus legal * Natural rights are rights which are "natural" in the sense of "not artificial, not man-made", as in rights deriving from human nature or from the divine command theory, edicts of a god. They are universal; that is, they apply to all people, and do not derive from the laws of any specific soci ...
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Virtue Ethics
Virtue ethics (also aretaic ethics, from Greek []) is a philosophical approach that treats virtue and moral character, character as the primary subjects of ethics, in contrast to other ethical systems that put consequences of voluntary acts, principles or rules of conduct, or obedience to divine authority in the primary role. Virtue ethics is usually contrasted with two other major approaches in ethics, consequentialism and deontology, which make the goodness of outcomes of an action (consequentialism) and the concept of moral duty (deontology) central. While virtue ethics does not necessarily deny the importance to ethics of goodness of states of affairs or of moral duties, it emphasizes virtue, and sometimes other concepts, like , to an extent that other ethics theories do not. Key concepts Virtue and vice In virtue ethics, a virtue is a characteristic disposition to think, feel, and act well in some domain of life. In contrast, a vice is a characteristic disposition to th ...
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Utilitarianism
In ethical philosophy, utilitarianism is a family of normative ethical theories that prescribe actions that maximize happiness and well-being for the affected individuals. In other words, utilitarian ideas encourage actions that lead to the greatest good for the greatest number. Although different varieties of utilitarianism admit different characterizations, the basic idea that underpins them all is, in some sense, to maximize utility, which is often defined in terms of well-being or related concepts. For instance, Jeremy Bentham, the founder of utilitarianism, described ''utility'' as the capacity of actions or objects to produce benefits, such as pleasure, happiness, and good, or to prevent harm, such as pain and unhappiness, to those affected. Utilitarianism is a version of consequentialism, which states that the consequences of any action are the only standard of right and wrong. Unlike other forms of consequentialism, such as egoism and altruism, egalitarian util ...
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Deontological Ethics
In moral philosophy, deontological ethics or deontology (from Greek: and ) is the normative ethical theory that the morality of an action should be based on whether that action itself is right or wrong under a series of rules and principles, rather than based on the consequences of the action. It is sometimes described as duty-, obligation-, or rule-based ethics. Deontological ethics is commonly contrasted to consequentialism, utilitarianism, virtue ethics, and pragmatic ethics. In this terminology, action is more important than the consequences. The term ''deontological'' was first used to describe the current, specialised definition by C. D. Broad in his 1930 book, ''Five Types of Ethical Theory''. Older usage of the term goes back to Jeremy Bentham, who coined it prior to 1816 as a synonym of ''dicastic'' or ''censorial ethics'' (i.e., ethics based on judgement). The more general sense of the word is retained in French, especially in the term ''code de déontologie ...
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Tort
A tort is a civil wrong, other than breach of contract, that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract. While tort law in civil law jurisdictions largely derives from Roman law, common law jurisdictio ...
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Normative
Normativity is the phenomenon in human societies of designating some actions or outcomes as good, desirable, or permissible, and others as bad, undesirable, or impermissible. A Norm (philosophy), norm in this sense means a standard for evaluating or making judgments about behavior or outcomes. "Normative" is sometimes also used, somewhat confusingly, to mean relating to a descriptive standard: doing what is normally done or what most others are expected to do in practice. In this sense a norm is not evaluative, a basis for judging behavior or outcomes; it is simply a fact or observation about behavior or outcomes, without judgment. Many researchers in science, law, and philosophy try to restrict the use of the term "normative" to the evaluative sense and refer to the description of behavior and outcomes as positive, descriptive, predictive, or empirical. ''Normative'' has specialized meanings in different academic disciplines such as philosophy, social sciences, and law. In most ...
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