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Legalism (Western Philosophy)
Legalism, in the Western sense, is the ethical attitude that holds moral conduct as a matter of rule following. It is an approach to the analysis of legal questions characterized by abstract logical reasoning focusing on the applicable legal text, such as a constitution, legislation, or case law, rather than on the social, economic, or political context. Legalism has occurred both in civil and common law traditions. It underlines both natural law and legal positivism. In its narrower versions, legalism may endorse the notion that the preexisting body of authoritative legal materials already contains a uniquely predetermined right answer to any legal problem that may arise. Legalism typically also claims that the task of the judge is to ascertain the answer to a legal question by an essentially mechanical process rather than some Schmittian modality of sovereignty. See also * Legalism (Chinese philosophy) * Interpretivism (legal) * Legal positivism * Natural law Natural law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Western World
The Western world, also known as the West, primarily refers to various nations and state (polity), states in Western Europe, Northern America, and Australasia; with some debate as to whether those in Eastern Europe and Latin America also constitute the West. The Western world likewise is called the Occident () in contrast to the Eastern world known as the Orient (). Definitions of the "Western world" vary according to context and perspectives; the West is an evolving concept made up of cultural, political, and economic synergy among diverse groups of people, and not a rigid region with fixed borders and members. Some historians contend that a linear development of the West can be traced from Greco-Roman world, Ancient Greece and Rome, while others argue that such a projection constructs a false genealogy. A geographical concept of the West started to take shape in the 4th century CE when Constantine the Great, Constantine, the first Christian Roman emperor, divided the Roman Em ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Natural Law
Natural law (, ) is a Philosophy, philosophical and legal theory that posits the existence of a set of inherent laws derived from nature and universal moral principles, which are discoverable through reason. In ethics, natural law theory asserts that certain rights and moral values are inherent in human nature and can be understood universally, independent of enacted laws or societal norms. In jurisprudence, natural law—sometimes referred to as iusnaturalism or jusnaturalism, but not to be confused with what is called simply ''naturalism'' in legal philosophy—holds that there are objective legal standards based on morality that underlie and inform the creation, interpretation, and application of human-made laws. This contrasts with ''positive law'' (as in legal positivism), which emphasizes that laws are rules created by human authorities and are not necessarily connected to moral principles. Natural law can refer to "theories of ethics, theories of politics, theories of civil ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Positivism
In jurisprudence (also known as legal philosophy), legal positivism is the theory that the existence of the law and its content depend on social facts, such as acts of legislation, judicial decisions, and customs, rather than on morality. This contrasts with theories such as natural law, which hold that law is necessarily connected to morality in such a way that any law that contradicts morality lacks legal validity. Thomas Hobbes defined law as the command of the sovereign. This idea was elaborated in the 18th and 19th centuries by legal philosophers such as Jeremy Bentham and John Austin (legal philosopher), John Austin, who argued that a law is valid not because it is intrinsically moral or just, but because it comes from the sovereign, is generally obeyed by the people, and is backed up by sanctions. Hans Kelsen developed legal positivism further by separating law not only from morality, as the early positivists did, but also from empirical facts, introducing the concept of a N ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Interpretivism (legal)
Interpretivism is a school of thought in contemporary jurisprudence and the philosophy of law. Overview Interpretivism claims that Law is not a set of given data, conventions or physical facts, but what lawyers aim to construct or obtain in their practice. This marks a first difference between interpretivism and legal positivism. But the refusal that law be a set of ''given'' entities opposes interpretivism to natural law too. There is no separation between law and morality, although there are differences. This is not in accordance with the main claim of legal positivism. Law is not immanent in nature nor do legal values and principles exist independently and outside of the legal practice itself. This is the opposite of the main claim of natural law theory. In the English-speaking world, interpretivism is usually identified with Ronald Dworkin's thesis on the nature of law as discussed in his text titled ''Law's Empire'', which is sometimes seen as a third way between natural l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legalism (Chinese Philosophy)
''Fajia'' ( zh, s=法家, p=fǎjiā), or the School of ''fa'' (laws, methods), early translated ''Legalism'' for Shang Yang, is a school of thought representing a broader bibliography, collection of primarily Warring States period classical Chinese philosophy, incorporating more administrative works traditionally said to be rooted in Huang-Lao Daoism. Addressing practical governance challenges of the unstable feudal system, their ideas 'contributed greatly to the formation of the Chinese empire' and bureaucracy, advocating concepts including rule by fa (concept), law, sophisticated administrative fa (concept), technique, and ideas of state power. They are often interpreted in the West along Realism (international relations), realist lines. Though persisting, the Qin to Tang dynasty, Tang were more characterized by the 'centralizing tendencies' of their traditions. The school incorporates the more legalistic ideas of Li Kui (legalist), Li Kui and Shang Yang, and more administrat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sovereignty
Sovereignty can generally be defined as supreme authority. Sovereignty entails hierarchy within a state as well as external autonomy for states. In any state, sovereignty is assigned to the person, body or institution that has the ultimate authority over other people and to change existing laws. In political theory, sovereignty is a substantive term designating supreme legitimate authority over some polity. In international law, sovereignty is the exercise of power by a state. ''De jure'' sovereignty refers to the legal right to do so; '' de facto'' sovereignty refers to the factual ability to do so. This can become an issue of special concern upon the failure of the usual expectation that ''de jure'' and ''de facto'' sovereignty exist at the place and time of concern, and reside within the same organization. Etymology The term arises from the unattested Vulgar Latin *''superanus'' (itself a derived form of Latin ''super'' – "over") meaning "chief", "ruler". Its spellin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Carl Schmitt
Carl Schmitt (11 July 1888 – 7 April 1985) was a German jurist, author, and political theorist. Schmitt wrote extensively about the effective wielding of political power. An authoritarian conservative theorist, he was noted as a critic of parliamentary democracy, liberalism, and cosmopolitanism. His works covered political theory, legal theory, continental philosophy, and political theology. However, they are controversial, mainly due to his intellectual support for, and active involvement with, Nazism. In 1933, Schmitt joined the Nazi Party and utilized his legal and political theories to provide ideological justification for the regime. However, he later lost favour among senior Nazi officials and was ultimately removed from his official positions within the party. The ''Stanford Encyclopedia of Philosophy'' writes that "Schmitt was an acute observer and analyst of the weaknesses of liberal constitutionalism and liberal cosmopolitanism. But there can be little doubt ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Minnesota Law Review
The ''Minnesota Law Review'' is a student-run law review published by students at University of Minnesota Law School. The journal is published six times a year in November, December, February, April, May, and June. It was established by Henry J. Fletcher and William Reynolds Vance in 1917. The journal contains articles, essays, features, and book reviews by legal scholars as well as student-written notes. The journal has an online companion called ''Headnotes''. Additionally, the journal maintains a blog called ''De Novo''. In 2021, the journal selected its first Black Editor-in-Chief, Brandie Burris. Noted alumni The ''Minnesota Law Reviews alumni include William C. Canby, Jr., Frank Claybourne, Donald M. Fraser, Orville Freeman, Bill Luther, George MacKinnon, Walter Mondale, Diana E. Murphy, William Prosser, Ernest Gellhorn, Richard Maxwell, John Sargent Pillsbury, Jr., Maynard Pirsig, Daniel D. Polsby, Robert Kingsley, and Harold Stassen. Other alumni include ju ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Positivism
In jurisprudence (also known as legal philosophy), legal positivism is the theory that the existence of the law and its content depend on social facts, such as acts of legislation, judicial decisions, and customs, rather than on morality. This contrasts with theories such as natural law, which hold that law is necessarily connected to morality in such a way that any law that contradicts morality lacks legal validity. Thomas Hobbes defined law as the command of the sovereign. This idea was elaborated in the 18th and 19th centuries by legal philosophers such as Jeremy Bentham and John Austin (legal philosopher), John Austin, who argued that a law is valid not because it is intrinsically moral or just, but because it comes from the sovereign, is generally obeyed by the people, and is backed up by sanctions. Hans Kelsen developed legal positivism further by separating law not only from morality, as the early positivists did, but also from empirical facts, introducing the concept of a N ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in Precedent, ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cambridge, Massachusetts
Cambridge ( ) is a city in Middlesex County, Massachusetts, United States. It is a suburb in the Greater Boston metropolitan area, located directly across the Charles River from Boston. The city's population as of the 2020 United States census, 2020 U.S. census was 118,403, making it the most populous city in the county, the List of municipalities in Massachusetts, fourth-largest in Massachusetts behind Boston, Worcester, Massachusetts, Worcester, and Springfield, Massachusetts, Springfield, and List of cities in New England by population, ninth-most populous in New England. The city was named in honor of the University of Cambridge in Cambridge, England, which was an important center of the Puritans, Puritan theology that was embraced by the town's founders. Harvard University, an Ivy League university founded in Cambridge in 1636, is the oldest institution of higher learning in the United States. The Massachusetts Institute of Technology (MIT), Lesley University, and Hult Inte ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
