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Voluntariness
In law and philosophy, voluntariness is a choice being made of a person's free will, as opposed to being made as the result of coercion or duress. Philosophies such as libertarianism and voluntaryism, as well as many legal systems, hold that a contract must be voluntarily agreed to by a party in order to be binding on that party. The social contract rests on the concept of the voluntary consent of the governed. The Federal Rules of Criminal Procedure provide that "Before accepting a plea of guilty or nolo contendere, the court must address the defendant personally in open court and determine that the plea is voluntary and did not result from force, threats, or promises (other than promises in a plea agreement)." The actual voluntariness is suspect, in that it is common for prosecutors to threaten to seek more prison time unless the defendant agrees to plead guilty. For this reason, common law Common law (also known as judicial precedent, judge-made law, or case law) is the body ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Philosophy
Philosophy ('love of wisdom' in Ancient Greek) is a systematic study of general and fundamental questions concerning topics like existence, reason, knowledge, Value (ethics and social sciences), value, mind, and language. It is a rational and critical inquiry that reflects on its methods and assumptions. Historically, many of the individual sciences, such as physics and psychology, formed part of philosophy. However, they are considered separate academic disciplines in the modern sense of the term. Influential traditions in the history of philosophy include Western philosophy, Western, Islamic philosophy, Arabic–Persian, Indian philosophy, Indian, and Chinese philosophy. Western philosophy originated in Ancient Greece and covers a wide area of philosophical subfields. A central topic in Arabic–Persian philosophy is the relation between reason and revelation. Indian philosophy combines the Spirituality, spiritual problem of how to reach Enlightenment in Buddhism, enlighten ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Free Will
Free will is generally understood as the capacity or ability of people to (a) choice, choose between different possible courses of Action (philosophy), action, (b) exercise control over their actions in a way that is necessary for moral responsibility, or (c) be the ultimate source or originator of their actions. There are different theories as to its nature, and these aspects are often emphasized differently depending on philosophical tradition, with debates focusing on whether and how such freedom can coexist with determinism, divine foreknowledge, and other constraints. Free will is closely linked to the concepts of moral responsibility, praise, culpability, and other judgements which apply only to actions that are freely chosen. It is also connected with the concepts of Advice (opinion), advice, persuasion, deliberation, and Prohibitionism, prohibition. Traditionally, only actions that are freely Will (philosophy), willed are seen as deserving credit or blame. Whether free ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Coercion
Coercion involves compelling a party to act in an involuntary manner through the use of threats, including threats to use force against that party. It involves a set of forceful actions which violate the free will of an individual in order to induce a desired response. These actions may include extortion, blackmail, or even torture and sexual assault. Common-law systems codify the act of violating a law while under coercion as a duress crime. Coercion used as leverage may force victims to act in a way contrary to their own interests. Coercion can involve not only the infliction of bodily harm, but also psychological abuse (the latter intended to enhance the perceived credibility of the threat). The threat of further harm may also lead to the acquiescence of the person being coerced. The concepts of coercion and persuasion are similar, but various factors distinguish the two. These include the intent, the willingness to cause harm, the result of the interaction, and the opti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Libertarianism
Libertarianism (from ; or from ) is a political philosophy that holds freedom, personal sovereignty, and liberty as primary values. Many libertarians believe that the concept of freedom is in accord with the Non-Aggression Principle, according to which each individual has the right to live as they choose, as long as they do not violate the rights of others by initiating force or fraud against them. Libertarians advocate the expansion of individual autonomy and political self-determination, emphasizing the principles of equality before the law and the protection of civil rights, including the rights to freedom of association, freedom of speech, freedom of thought and freedom of choice. They generally support individual liberty and oppose Political authority, authority, State (polity), state power, warfare, militarism and nationalism, but some libertarians diverge on the scope and nature of their opposition to existing Economic system, economic and political systems. Schools of li ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Social Contract
In moral and political philosophy, the social contract is an idea, theory, or model that usually, although not always, concerns the legitimacy of the authority of the state over the individual. Conceptualized in the Age of Enlightenment, it is a core concept of constitutionalism, while not necessarily convened and written down in a constituent assembly and constitution. Social contract arguments typically are that individuals have consented, either explicitly or tacitly, to surrender some of their freedoms and submit to the authority (of the ruler, or to the decision of a majority) in exchange for protection of their remaining rights or maintenance of the social order. The relation between natural and legal rights is often a topic of social contract theory. The term takes its name from '' The Social Contract'' (French: ''Du contrat social ou Principes du droit politique''), a 1762 book by Jean-Jacques Rousseau that discussed this concept. Although the antecedents of soci ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Consent Of The Governed
In political philosophy, consent of the governed is the idea that a government's political legitimacy, legitimacy and natural and legal rights, moral right to use state power is justified and lawful only when consented to by the people or society over which that political power is exercised. This theory of consent is starkly contrasted with the divine right of kings and has often been invoked against the legitimacy of colonialism. Article 21 of the United Nations' 1948 Universal Declaration of Human Rights states that "The will of the people shall be the basis of the authority of government". Consensus democracy is the application of consensus decision-making and supermajority to democracy. History The idea that a law derives its validity from the approval of those subject to it can already be found in early Christian author Tertullian, who, in his Apologeticum claims The earliest utterance of the specific term "consent of the governed" seemingly appears in the writings of Scottis ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Rules Of Criminal Procedure
The Federal Rules of Criminal Procedure are the procedural rules that govern how federal criminal prosecutions are conducted in United States district courts and the general trial courts of the U.S. government. They are the companion to the Federal Rules of Civil Procedure. The admissibility and use of evidence in criminal proceedings (as well as civil) are governed by the separate Federal Rules of Evidence. Drafting and enactment The rules are promulgated by the Supreme Court of the United States, pursuant to its statutory authority under the Rules Enabling Act. The Supreme Court must transmit a copy of its rules to the United States Congress no later than May 1 of the year in which they are to go into effect, and the new rule can then become effective no earlier than December 1 of that year. Congress retains the power to reject the Court's proposed rules or amendments, to modify them, or to enact rules or amendments itself. Congress has rarely rejected the Court's propos ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nolo Contendere
''Nolo contendere'' () is a type of legal plea used in some jurisdictions in the United States. It is also referred to as a plea of no contest or no defense. It is a plea where the defendant neither admits nor disputes a Criminal charge, charge, serving as an alternative to a pleading of Guilt (law), guilty or Acquittal, not guilty. A no-contest plea means that defendants refuse to admit guilt but accept punishment as if guilty, and is often offered as a part of a plea bargain. The plea is recognized in United States federal criminal courts, and many state criminal courts. In many jurisdictions, a plea of ' is not a typical right and carries various restrictions on its use. ' originated from the Latin phrase for "I do not wish to contend" (, ). United States In the United States, state law determines whether, and under what circumstances, a defendant may plead no contest in state criminal cases. In federal court, the Federal Rules of Criminal Procedure only allow a ' plea to b ... [...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] |
