Questions tagged [theory-of-law]

For questions about the or a theory or philosophy of law: the concept of law, the nature of law, law and morality, interpretive approaches, etc. Not to be used generally to refer to case-law. Law schools sometimes use "Jurisprudence" in this way.

Filter by
Sorted by
Tagged with
19 votes
7 answers

Where in U.S. law is it officially argued that the U.S. criminal justice system presumes defendants commit crimes with free will?

I've been studying the relation between free will and the U.S. criminal justice system, and it appears that there is the argument that whether or not a defendant had free will to commit a crime is a ...
Dennis Francis Blewett's user avatar
1 vote
3 answers

What kinds of formal logic have applications in law?

There are different kinds of formal logic: propositional, first order, second order, modal, fuzzy, .... What kinds of formal logic have applications in law? Thanks.
Tim's user avatar
  • 169
2 votes
1 answer

Who (if anyone) would be liable for public "exhibitionism" in this situation?

I remember watching a TV show many years ago where young female models were competing to see who would win (Australia's Top Model)? Anyway, the show isn't that relevant. However, there was a scene ...
Arj's user avatar
  • 159
1 vote
2 answers

Is there any modern theory of functional law which emphasizes the purpose of a law over the implementation? [closed]

I was thinking about loopholes and how there can reasonably often be unintended side effects of certain laws - the specific terms of the law serve a higher-level telos, a rationale, but the law ...
Julius H.'s user avatar
0 votes
1 answer

What would happen if you entered a building and didn’t leave because you didn’t think the person there was the owner?

Imagine you come across a building in a public place with some signs on it and an unlocked door. The signs make it seem like a shop or activity center rather than saying anything like “Keep Out”. You ...
Julius H.'s user avatar
0 votes
1 answer

Are there any official or unofficial principles about if a law is sufficiently interpretable? [closed]

I have been really interested in how it seems like there is an unavoidable limit to how sort of objective the meaning of a law can be. There are plenty of things in life where you can ask if some ...
Julius H.'s user avatar
2 votes
1 answer

What is the "fringe on the flag" argument?

Another answer on this question refers to the "fringe on the flag" category of arguments. What is the "fringe on the flag" argument?
Seeking answers's user avatar
3 votes
1 answer

What does it mean for international law to be binding? What is the nature of obligation at international law?

A common critique of international law is expressed in propositions like: "international law is just a gentlemen's agreement," or "no one can enforce international law." What does ...
Jen's user avatar
  • 43.2k
9 votes
3 answers

Are laws written logically and rigorously?

Are laws written logically and rigorously in law books? For example, do texts of laws specifically use "if and only if" instead of the more frequently used but less logically correct "...
user107952's user avatar
3 votes
0 answers

How do present-day originalists view the doctrine of desuetude?

Do present-day originalists in the US have a common viewpoint on desuetude? If not, what sub-schools of thought on this matter exist within originalism?
Fizz's user avatar
  • 3,086
14 votes
2 answers

Do various common law sovereign citizen movement theories have any kernels of basis in fact?

Note: I had seen and reviewed the proposed duplicate/precursor question on freemen of the land but if you read my question a little more carefully you will hopefully see that mine seeks to go deeper ...
JosephCorrectEnglishPronouns's user avatar
-5 votes
4 answers

The spectrum of legality

I've always envisioned "legality" as a spectrum, with the label of completely illegal at one end, and the label of strictly legal at the other end. In the middle, I see different levels of ...
user110391's user avatar
38 votes
10 answers

Why are there no laws rewarding people

It might sound like a stupid question, but I am not a legal expert. The positive laws prohibit certain acts and punish those who perform the acts. However, do the laws always prohibit and punish? And ...
user30303's user avatar
  • 487
4 votes
1 answer

Can there ever be a conflict between law and professional ethics in the practice of law?

Tl;dr version. The so-called "ethics/law divide" is often discussed in the context of non-legal professions. Does such a divide exist in the practice of law or is it a contradiction? The ...
Robert Columbia's user avatar
3 votes
1 answer

When does an officer's discretion end, and where does an officer's duty begin?

User6726's answer to this question seemed to imply that an officer's discretion was endless; that no matter what the situation, they could always decide not to intervene. That seems highly unlikely to ...
user110391's user avatar
8 votes
2 answers

Is natural law a type of common law?

Is natural law a type of common law?
Geremia's user avatar
  • 892
-4 votes
2 answers

Why do some laws make saying "Heil Hitler" illegal when other laws allow freedom of political speach?

In the German Federal Republic is illegal to say "Heil Hitler" which is basically a restriction of laws relating to one's freedom of opinion, freedom of speach and political freedom. Why ...
Francisco Bytheway's user avatar
7 votes
1 answer

Can disjunction elimination be used to convict someone of a crime without knowing which crime they committed?

Three different crimes are committed (for simplicity; the same type of crime, just distinct counts) by three different people. Someone is arrested based on evidence that proves they committed one of ...
BCS's user avatar
  • 473
7 votes
4 answers

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
4 votes
2 answers

Can a person be found guilty based purely on statistical evidence?

Imagine that there is a home care worker Alice who takes care of some great number of outpatients. Some significant proportion of them have reported thefts, although none of them suspect Alice. Since ...
Rojan's user avatar
  • 43
5 votes
5 answers

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 ...
Dr. Thomas C. King's user avatar