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Questions tagged [jurisprudence]

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Summoning a judge as a witness to elaborate on an earlier ruling

Completely hypothetical scenario: Suppose arguments in a court case were dependent on the interpretation of the judge's decision in another case. Would it be legally valid to have the judge appear in ...
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4answers
246 views

Is there a legal system or theory where punishment is proportional to the probability of an offence?

In common criminal law in order for a defendant to be punished, they must be found guilty beyond all reasonable doubt. Hence, there is a threshold for the probability of guilt, beyond which the ...
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1answer
39 views

What does “cause” mean in this law?

A bill was introduced in the Iowa legislature which gives an instruction to the Board of Regents (which governs seven specific institutions). Relevant background information is that people registered ...
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2answers
254 views

Is there liability for pure accidents?

I am trying to determine the principled limits, if any, on when a person may be held financially liable for damage to another ("the victim"). I'm specifically interested in the case when damage is not ...
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1answer
235 views

Does the concept of presidential pardon have a justification in terms of separation between the executive and the judiciary? (France)

First of all, I have no experience in Law, I was just "philosophically" interested by a question related to it. I hope it is not off topic. The French President François Hollande is considering ...
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1answer
153 views

What does Oliver Wendell Holmes, Jr. mean by 'continuity with the past is only a necessity'?

Preface: I first encountered the bolded on p 220, Is Eating People Wrong? Great Legal Cases and How They Shaped the World (2011) by Allan C. Hutchinson. Source: p 185, The Essential Holmes: Selections ...
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1answer
65 views

Of a judgment, how do 'substantive merits' differ from 'formal qualities'?

Source: pp 108-109, Is Eating People Wrong? Great Legal Cases and How They Shaped the World (2011) by Allan C. Hutchinson [...] For example, the difference between Plessy and Brown has nothing to ...
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0answers
71 views

Origin of Law - Legal Philosophy

What kind of legal philosophy states that rights and duties (law) derive from facts? (In German SOLLEN for the former and SEIN for the latter.)