Questions tagged [jurisprudence]

DO NOT USE! This tag is in the processmof being split between theory-of-law, lines-of-case-law, legal-doctrine, and case-law.

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Do the principles of law need to be spelled out in the bill?

We have the following situation in Ukraine Parliament has decided to change the number of employees of one of the authorities. At the same time, they indicated in the bill that the government must ...
dos4dev's user avatar
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Is a parliamentary act fundamentally a codification of principles which have been arrived at by the judicial evolution of the common law?

A recent answer states: What common law jurisdictions do is codify the common law on a given topic. That is, they write a big Bill that collects all of the disparate statutes and case law together ...
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the whole judiciary is based on abductive reasoning [closed]

"In abductive arguments, focus on the inference. When a conclusion relies upon an inference and contains new information not found in the premises, the reasoning is inductive. For example, if ...
quanity's user avatar
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Can a self-represented defendant call oneself as a witness? [duplicate]

You see this occassionally in comedy films and I have to wonder how legal it is. If I act as my own lawyer at a trial, can I call myself to the stand as a witness? Can I refuse to answer my own ...
Jon's user avatar
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Does Shari'a law permit execution of apostates?

According to this source: According to Islamic law apostasy is punishable by death, imprisonment or confiscation of property and blasphemy is punishable by death. Conversion from Islam to another ...
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Are there any non-conventional sources of law?

The usual sources of law are specific laws created through a legislature and the executive, but are there any sources of law that aren't dependent on an organization or polity? For example, something ...
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2 answers
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How can one utilize an "objective observer", if one cannot be such?

How can one utilize an "objective observer", if one cannot be such? When this "objective observer" is utilized. E.g. X is unlawful, if an objective observer would interpret it as ...
mavavilj's user avatar
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LawTech: How to systematically express Positivist-Law frameworks as control flow algorithm systems and automate statutary-construction analysis? [closed]

I'm a brick-and-mortar engineer with very cursory coding experience (pseudo-code algorithms, formal logic gates in printed circuits, and Matlab/Simulink), studying to be a Civil Servant in a Romance ...
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Legal theory of the accomplice

In a related question, the general tone of the answers, many of whom were obviously not Americans and more familar with British law, was that an accomplice could be convicted in absence of evidence ...
Cicero's user avatar
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When is it encumbent on a court to rule on arguments not raised by the defense?

Usually a court will not make a ruling using an argument which the parties to the case have not raised. This subject has been discussed on this site previously. However, I would argue that this legal ...
Cicero's user avatar
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Standards for convicting a person of being an accomplice to a crime when the crime did not occur

Apparently in the United States one can be convicted of being an "accomplice" to a crime, even if that crime has been proven in a court of law to have not occurred. Is there a legal standard ...
Cicero's user avatar
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Does acceptance of communication with identifying characteristics originating from a disputed territory imply recognition of that territory?

To give an example: One of the more well known currently disputed territories is Crimea. As telecommunication services, and users of such, do continue to operate from that territory under the aegis of ...
M. Y. Zuo's user avatar
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Aren't laws actually just logical axioms?

For example, don't kill people. If everyone killed each other then laws wouldn't exist. Same with theft or any other basic law. Or, pay taxes. Without taxes Government would collapse and law wouldn't ...
John D's user avatar
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In the USA, why are witnesses who demonstrated prejudice and bias not immediately removed and disqualified?

I just saw the witness examination of the George Floyd case. The 18 year old female witness went on to ramble about how she felt so sorry for Floyd and that her father and brothers are all black just ...
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In the US are jurors actually judging guilt?

Is it true that in US law jurors are not actually judging guilt, but rather whether the case against a person has been made in accordance with the concepts of all reasonable doubt? This meaning that ...
Neil Meyer's user avatar
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What's The Law In This Scenario?

On a highway through a rural area, the sign says "speed limit 70 mph." But, the one cop who patrols that stretch of highway pulls over and tickets anyone who goes over 60. In the last 10 ...
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What is Jurisprudence?

I am a Law Student in Greece trying to understand what Law is a what Jurisprudence is and what the jurisprudential method of thinking is. What is Jurisprudence; what is its object of study, what are ...
George Ntoulos's user avatar
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How can we reconcile the fact that common law, relative to civil law, give judges more power in interpreting law but less power in guiding trials? [closed]

In common law, judge-made precedents are more important than in civil law where judges are supposed to stick more closely to the written code. Thus, one may say that judges are given more power in ...
J Li's user avatar
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Is there defense against public officials providing incorrect information?

On several occasions I've needed clarification on tax rules and have asked at the public tax office, and officials have provided guidance that another official has contradicted and/or denied at a ...
Bases-covered's user avatar
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2 answers
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Can a judge simply say that industrial farms should treat farm animals well as it is simply right to do so?

In a recent case in North Carolina, Smithfields, an industrial pork farming concern versus around five hundred local residents, and who were mostly black, and who had filed almost two dozen lawsuits ...
Mozibur Ullah's user avatar
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Has punishment for precedent-setting decisions ever been recognized as retroactive enforcement of a new law?

When a court sets a precedent, it is effectively creating a law (case law). This means that the law (or a newly clear interpretation that can only now be relied on) did not exist prior to the courts ...
kevinkinal's user avatar
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Is there a term for using law as the basis of morality?

Legal moralism is when a society creates laws based on the prevailing morality of that society. Stuff like "we think green houses are immoral, so we made a law to ban green houses". Is there ...
Nzall's user avatar
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What is the legal principle for which a person is not guilty of another person's crimes

I'm asking a general question, not particular of the law of a specific country. There is a named legal principle for which a person is not responsible for crimes, guilts or responsibilities of his ...
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When does "mental health" factor into penalizing an individual?

What is the reason behind a person with poor mental health wouldn't face the same repercussions as someone with good mental health for breaking the law? In extreme situations it could be used as a ...
Jankin's user avatar
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5 answers
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Trying to get sued?

Are there any situations in which some party would seek to be sued? The thought came up while I was looking at some law related to copyright and public domain where it was noted that some parts were ...
BCS's user avatar
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6 answers
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How can two people be innocent until proven guilty if their stories conflict?

So Bob accuses Alice of stealing his horse. Alice accues Bob of lying slander. They can't both be right. So one is innocent the other is guilty. But according to the law they are both innocent until ...
zooby's user avatar
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Legal consequences and conviction for celebrities

I know that may be this present question can show a little bit of naivety and the answer can be somehow obvious and trivial, but since I'm not sure about these issues, I'll be asking it anyway. Are ...
abdul's user avatar
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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 ...
Jake's user avatar
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4 votes
1 answer
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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 ...
user6726's user avatar
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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 ...
user6726's user avatar
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What books do you use to study general jurisprudence in US? [closed]

I'm a russian law student. I want to have a look on your ways of studying general jurisprudence. I mean the discipline, that includes topics on what law, rights and state are, their genesis, laws of ...
wejjdhiii's user avatar
2 votes
1 answer
276 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 ...
MoebiusCorzer's user avatar
1 vote
1 answer
249 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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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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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.)
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