Questions tagged [legal-theory]

The tag has no usage guidance.

Filter by
Sorted by
Tagged with
0
votes
6answers
196 views

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 ...
-3
votes
2answers
80 views

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 ...
1
vote
1answer
61 views

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 ...
3
votes
4answers
250 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 ...
4
votes
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 ...
4
votes
2answers
260 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 ...
2
votes
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 ...
1
vote
1answer
155 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 ...
0
votes
1answer
71 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 ...
1
vote
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.)