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María Clara Doctrine
The María Clara doctrine, also known as the Woman's Honor doctrine, is a legal doctrine applied by Philippine courts regarding cases that concern abuse against women. The doctrine is a presumption "that women, especially Filipinas, would not admit that they have been abused unless that abuse had actually happened." It was a part of case law in the Philippines for some considerable time but was repudiated by the Supreme Court of the Philippines in 2018. Etymology The doctrine was named after María Clara from José Rizal's novel '' Noli Me Tángere''. Clara is characterized as reserved and shy and was later considered an "ideal" role model for women in Filipino culture, although such notion was imposed by Spanish colonizers. This contrasted the ideal of women being more assertive, independent and courageous which dates back to the precolonial era. Legal history The doctrine became a part of the Supreme Court of the Philippines' jurisprudence some time in 1960 following the '' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Doctrine
A legal doctrine is a framework, set of rules, Procedural law, procedural steps, or Test (law), test, often established through precedent in the common law, through which judgments can be determined in a given legal case. For example, a doctrine comes about when a judge makes a ruling where a process is outlined and applied, and allows for it to be Case law, equally applied to like cases. When enough judges make use of the process, it may become established as the ''de facto'' method of deciding like situations. Examples Examples of legal doctrines include: See also * Constitutionalism * Constitutional economics * Concept * Rule according to higher law * Legal fiction * Legal precedent * ''Cogitationis poenam nemo patitur'' * ''Ex aequo et bono'' References External links * *Pierre Schlag and Amy J. Griffin, "How to do Things with Legal Doctrine" (University of Chicago Press 2020) * Emerson H. Tiller and Frank B. Cross,What is Legal Doctrine? " ''Northwestern University ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jurisprudence
Jurisprudence, also known as theory of law or philosophy of law, is the examination in a general perspective of what law is and what it ought to be. It investigates issues such as the definition of law; legal validity; legal norms and values; and the relationship between law and other fields of study, including Law and economics, economics, Applied ethics, ethics, Legal history, history, Sociology of law, sociology, and political philosophy. Modern jurisprudence began in the 18th century and was based on the first principles of natural law, Civil law (legal system), civil law, and the law of nations. Contemporary philosophy of law addresses problems internal to law and legal systems and problems of law as a social institution that relates to the larger political and social context in which it exists. 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of The Philippines Cases
Supreme may refer to: Entertainment * Supreme (character), a comic book superhero created by Rob Liefeld * ''Supreme'' (film), a 2016 Telugu film * Supreme (producer), hip-hop record producer * "Supreme" (song), a 2000 song by Robbie Williams * The Supremes, Motown-era singer group * Supreme Pictures Corporation, 1930s film company Other * Supreme (brand), a clothing brand based in New York * Supreme (cookery), a term used in cookery * Supreme, Louisiana, a census-designated place in the United States * Supreme Soviet, the highest legislation body of Soviet Union, dissolved in 1991 * Oldsmobile Cutlass Supreme, car produced by Oldsmobile between 1966 and 1997 * Plaxton Supreme, British coach bodywork built in the late 1970s and early 1980s See also * Supreme Records (other), several record labels * Supremo (other) * Supreme court In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
