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Obligatory
An obligation is a course of action which someone is required to take, be it a legal obligation or a moral obligation. Obligations are constraints; they limit freedom. People who are under obligations may choose to freely act under obligations. Obligation exists when there is a choice to do what is morally good and what is morally unacceptable. There are also obligations in other normative contexts, such as obligations of etiquette, social obligations, religious, and possibly in terms of politics, where obligations are requirements which must be fulfilled. These are generally legal obligations, which can incur a penalty for non-fulfilment, although certain people are obliged to carry out certain actions for other reasons as well, whether as a tradition A tradition is a system of beliefs or behaviors (folk custom) passed down within a group of people or society with symbolic meaning or special significance with origins in the past. A component of cultural expressions and fo ...
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Holy Days Of Obligation
In the Catholic Church, holy days of obligation or precepts are days on which Catholic Christians are expected to attend Mass, and engage in rest from work and recreation (i.e., they are to refrain from engaging in work or activities that hinder the worship owed to God), according to the third commandment. The expectation is attached to the holy day, even if transferred to another date, as sometimes happens in the Roman Rite. However, in some countries a dispensation is granted in such circumstances. Latin Church The holy days of obligation for Latin Church Catholics are indicated in canon 1246 of the 1983 Code of Canon Law: Placed in the order of the liturgical calendar, the ten days (apart from Sundays) that this canon mentions are: *8 December: Solemnity of the Immaculate Conception of the Blessed Virgin Mary *25 December: Solemnity of the Nativity of the Lord (Christmas) *1 January: Solemnity of Mary, the Holy Mother of God *6 January: Solemnity of the Epiphany of th ...
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Mass (Catholic Church)
The Mass is the central liturgical service of the Eucharist in the Catholic Church, in which bread and wine are consecrated and become the body and blood of Christ. As defined by the Church at the Council of Trent, in the Mass "the same Christ who offered himself once in a bloody manner on the altar of the cross, is present and offered in an unbloody manner". The Church describes the Mass as the "source and summit of the Christian life", and teaches that the Mass is a sacrifice, in which the sacramental bread and wine, through consecration by an ordained priest, become the sacrificial body, blood, soul, and divinity of Christ as the sacrifice on Calvary made truly present once again on the altar. The Catholic Church permits only baptised members in the state of grace (Catholics who are not in a state of mortal sin) to receive Christ in the Eucharist. Many of the other sacraments of the Catholic Church, such as confirmation, holy orders, and holy matrimony, are now general ...
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Moral Responsibility
In philosophy, moral responsibility is the status of morality, morally desert (philosophy), deserving praise, blame, reward (psychology), reward, or punishment for an act or omission in accordance with one's moral obligations. Deciding what (if anything) counts as "morally obligatory" is a principal concern of ethics. Philosophers refer to people who have moral responsibility for an action as "moral agents". Agents have the capability to reflect upon their situation, to form intentions about how they will act, and then to carry out that action. The notion of free will has become an important issue in the debate on whether individuals are ever morally responsible for their actions and, if so, in what sense. Incompatibilists regard determinism as at odds with free will, whereas compatibilists think the two can coexist. Moral responsibility does not necessarily equate to legal liability, legal responsibility. A person is legally responsible for an event when a legal system is liabl ...
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Maurice Kay
Sir Maurice Ralph Kay PC (born 6 December 1942) is a retired member of the Court of Appeal of England and Wales. Kay was educated at William Hulme's Grammar School in Manchester and the University of Sheffield Kay was called to the Bar in 1975 (Gray's Inn) and was elected a bencher in 1995. He became a Queen's Counsel and was appointed a Recorder in 1988. He was appointed to the High Court on 17 January 1995, receiving the customary knighthood. He was assigned to the Queen's Bench Division, serving on the Employment Appeal Tribunal from June 1995. He was Presiding Judge of the Chester Circuit from 1996 to 1999, and was appointed Judge in Charge of the Administrative Court in 2002. On 14 January 2004, Kay became a Lord Justice of Appeal, and was appointed to the Privy Council on 11 February of that year. He served as President of the Judicial Studies Board from July 2007 to July 2010, and began a three-year term as Vice-President of the Court of Appeal (Civil Division) on ...
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Statute Of Frauds
The Statute of Frauds ( 29 Cha. 2. c. 3) (1677) is an act of the Parliament of England. In its original form it required that certain types of contracts, wills, and grants, and assignment or surrender of leases or interest in real property must be in writing and signed to avoid fraud on the court by perjury and the subornation of perjury. It also required that documents of the courts be signed and dated. Today it is mostly repealed; only section 4 remains, which is about guarantors. History The attested date for the enactment of the Statute of Frauds is 16 April 1677 (New Style). The act is believed to have been primarily drafted by Lord Nottingham assisted by Sir Matthew Hale, Sir Francis North and Sir Leoline Jenkins. When the Statute of Frauds was originally enacted, its sections and the clauses within section 4 were not numbered. Numbers where added when the act was republished in the '' Statutes at Large''. ''The Statute at Large'', Cambridge Edition published in ...
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Damages
At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognized at law, the loss must involve damage to property, or mental or physical injury; pure economic loss is rarely recognized for the award of damages. Compensatory damages are further categorized into special damages, which are economic losses such as loss of earnings, property damage and medical expenses, and general damages, which are non-economic damages such as pain and suffering and emotional distress. Rather than being compensatory, at common law damages may instead be nominal, contemptuous or exemplary. History Among the Saxons, a monetary value called a '' weregild'' was assigned to every human being and every piece of property in the Salic Code. If property was stolen or someone was injured or killed, the guilty person had to pay th ...
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England And Wales Court Of Appeal
The Court of Appeal (formally "His Majesty's Court of Appeal in England", commonly cited as "CA", "EWCA" or "CoA") is the highest court within the Senior Courts of England and Wales, and second in the legal system of England and Wales only to the Supreme Court of the United Kingdom. The Court of Appeal was created in 1875, and today comprises 39 Lord Justices of Appeal and Lady Justices of Appeal. The court has two divisions, Criminal and Civil, led by the Lady Chief Justice and the Master of the Rolls respectively. Criminal appeals are heard in the Criminal Division, and civil appeals in the Civil Division. The Criminal Division hears appeals from the Crown Court, while the Civil Division hears appeals from the County Court, High Court of Justice and Family Court. Permission to appeal is normally required from either the lower court or the Court of Appeal itself; and with permission, further appeal may lie to the Supreme Court. Its decisions are binding on all courts, in ...
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Guarantee
A guarantee is a form of transaction in which one person, to obtain some trust, confidence or credit for another, agrees to be answerable for them. It may also designate a treaty through which claims, rights or possessions are secured. It is to be differentiated from the colloquial "personal guarantee" in that a guarantee is a legal concept which produces an economic effect. A personal guarantee, by contrast, is often used to refer to a promise made by an individual which is supported by, or assured through, the word of the individual. In the same way, a guarantee produces a legal effect wherein one party affirms the promise of another (usually to pay) by promising to themselves pay if default occurs. In legal terminology, the giver of a guarantee is called the surety or the "guarantor". The person to whom the guarantee is given is the creditor or the "obligee"; while the person whose payment or performance is secured thereby is termed "the obligor", "the principal debtor", or s ...
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Breach Of Contract
Breach of contract is a legal cause of action and a type of civil wrong, in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party's performance. Breach occurs when a party to a contract fails to fulfill its obligation(s), whether partially or wholly, as described in the contract, or communicates an intent to fail the obligation or otherwise appears not to be able to perform its obligation under the contract. Where there is breach of contract, the resulting damages have to be paid to the aggrieved party by the party breaching the contract. If a contract is rescinded, parties are legally allowed to undo the work unless doing so would directly charge the other party at that exact time. What constitutes a breach of contract There exists two elementary forms of breach of contract. The first is actual failure to perform the contract as and when specified constitutes ...
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English Law
English law is the common law list of national legal systems, legal system of England and Wales, comprising mainly English criminal law, criminal law and Civil law (common law), civil law, each branch having its own Courts of England and Wales, courts and Procedural law, procedures. The judiciary is judicial independence, independent, and legal principles like Procedural justice, fairness, equality before the law, and the right to a fair trial are foundational to the system. Principal elements Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Act of Parliament, Acts of Parliament, Statutory Instrument, regulations and by-laws. In the absence of any statutory law, the common law with its principle of ''stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both United Kingdom l ...
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Robert Nozick
Robert Nozick (; November 16, 1938 – January 23, 2002) was an American philosopher. He held the Joseph Pellegrino Harvard University Professor, University Professorship at Harvard University,"Robert Nozick, 1938–2002".
''Proceedings and Addresses of the American Philosophical Association'', November 2002: 76(2).
and was president of the American Philosophical Association. He is best known for his book ''Anarchy, State, and Utopia'' (1974), a libertarianism, libertarian answer to John Rawls' ''A Theory of Justice'' (1971), in which Nozick proposes his minimal state#Philosophy, minimal state as the only justifiable form of government. His later work ''Philosophical Explanations'' (1981) advanced notable epistemological claims, namely his counterfactual theory of knowledge. It won Phi Beta Kappa society's Ralph ...
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John Rawls
John Bordley Rawls (; February 21, 1921 – November 24, 2002) was an American moral philosophy, moral, legal philosophy, legal and Political philosophy, political philosopher in the Modern liberalism in the United States, modern liberal tradition. Rawls has been described as one of the most influential list of political philosophers, political philosophers of the 20th century. In 1990, Will Kymlicka wrote in his introduction to the field that "it is generally accepted that the recent rebirth of normative political philosophy began with the publication of John Rawls's ''A Theory of Justice'' in 1971". Rawls's theory of Justice as Fairness, "justice as fairness" recommends equal basic liberties, equality of opportunity, and facilitating the maximum benefit to the least advantaged members of society in any case where inequalities may occur. Rawls's argument for these principles of social justice uses a thought experiment called the "original position", in which people Deliberative ...
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