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30 votes
Accepted

In the US are jurors actually judging guilt?

Short answer, yes, jurors will typically render a decision of guilt vs. innocence. This is pretty common in nations where the legal system is derived from British Common Law (about 2 billion people ...
hszmv's user avatar
  • 23k
14 votes

Is there a term for using law as the basis of morality?

You're thinking of legalism. It can have different meanings -- especially in Chinese legal/philosophical history -- but is the best match to the concept you're describing.
bdb484's user avatar
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14 votes

Are there any non-conventional sources of law?

There is no one answer, but here are some examples. India is famous for deriving general principles of more important constitutional law concepts that can be used to find constitutional amendments to ...
ohwilleke's user avatar
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13 votes

Are there any non-conventional sources of law?

There is the concept of natural law. The idea of natural law is that certain law can be derived solely from ethics and innate human intuition of "right" and "wrong". US law still ...
Philipp's user avatar
  • 7,364
10 votes

Are there any non-conventional sources of law?

In South Africa we also have Indigenous Laws I suspect that by all definitions of 'non-conventional' this would apply. The sources of South African law in descending order of authority are as follows.....
Neil Meyer's user avatar
  • 4,997
9 votes

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? It is not true, ...
phoog's user avatar
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9 votes

Are there any non-conventional sources of law?

In New Zealand we have https://www.data.govt.nz/toolkit/data-ethics/nga-tikanga-paihere/what-are-tikanga/--"appropriate customary practices or ‘layers of the culture’ developed by Māori ...
Simon Crase's user avatar
8 votes

Does acceptance of communication with identifying characteristics originating from a disputed territory imply recognition of that territory?

No Recognition of territorial claims is the sole province of the diplomatic branches of national government, and of heads of state. In the US it is the State Department, and ultimately the President. ...
David Siegel's user avatar
7 votes

Does acceptance of communication with identifying characteristics originating from a disputed territory imply recognition of that territory?

No As a matter of international law, each country is free to accept or reject the territorial claims (and even the existence) of every other country. Many nations do not recognize Russia’s claims over ...
Dale M's user avatar
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7 votes

How can one utilize an "objective observer", if one cannot be such?

The objective observer is not a real person She is one of a number of imaginary people who are used in law to inform judges and jurors how they should intellectually engage with a legal issue. We may ...
Dale M's user avatar
  • 211k
7 votes

Are there any non-conventional sources of law?

canada I will list various sources of law recognized in Canada. Whether you consider these sources "unconventional" depends on your perspective. To many people, these are very conventional ...
Jen's user avatar
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6 votes

In the USA, why are witnesses who demonstrated prejudice and bias not immediately removed and disqualified?

Prejudice and bias goes to credibility The trier of fact has to decide how much weight to give each piece of evidence including witness testimony. A clearly prejudiced or biased witness will, all else ...
Dale M's user avatar
  • 211k
6 votes

Is a parliamentary act fundamentally a codification of principles which have been arrived at by the judicial evolution of the common law?

The other answer is saying that in a project of comprehensive codification, Parliament will do what you've described. Parliament does more than that though. It can: codify the common law, modify the ...
Jen's user avatar
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5 votes

Is there liability for pure accidents?

To win a negligence claim, the plaintiff needs to prove that the defendant: had a duty to the plaintiff, breached that duty by failing to conform to the required standard of conduct (generally the ...
Dale M's user avatar
  • 211k
5 votes

Trying to get sued?

Anti-abortion laws in the US The heavy-handed laws introduced in some states are a deliberate challenge to Roe v Wade and are designed so that the state will lose a case and appeal all the way to the ...
Dale M's user avatar
  • 211k
5 votes

How can two people be innocent until proven guilty if their stories conflict?

You misunderstand the significance of the phrase "innocent until proven guilty." This is in part because you are not considering the entire phrase. The full phrase is that an accused party is "...
phoog's user avatar
  • 37.5k
5 votes

What is Jurisprudence?

Legal Theory and Philosophy of Law There are two different meanings of the word Jurisprudence A heavy word for the study or knowledge of the law. If a judge or law lecturer were to refer to "the ...
Nemo's user avatar
  • 1,607
5 votes
Accepted

Does acceptance of communication with identifying characteristics originating from a disputed territory imply recognition of that territory?

Your question conflates "recognizing the existence of a territory/organization/state" and "recognizing the geographical boundaries of a territory/organization/state." Your example ...
Quuxplusone's user avatar
4 votes

What's The Law In This Scenario?

Courts, particularly traffic courts, tend to take a police officer's word over that of an accused person. While legally the limit is 70, the driver has very little recourse if the officer claims ...
David Siegel's user avatar
4 votes

What is Jurisprudence?

It depends upon context. Often, the word "jurisprudence" is used to describe the customary way that a particular judge, or a particular legal body, or a particular legal system, has ...
ohwilleke's user avatar
  • 218k
4 votes

Is there a term for using law as the basis of morality?

Probably the term Legalism is the best short term, as mentioned by others, but to put it into a larger framework, it is part of the second stage of moral reasoning in Kohlberg's stages of moral ...
Albert's user avatar
  • 41
4 votes

In the US are jurors actually judging guilt?

The jury determines guilty or not guilty, which could be phrased as “prosecution has proven the case” or “prosecution has not proven the case.” Prior to conviction they are supposed to be presumed to ...
jmoreno's user avatar
  • 2,115
4 votes

Legal theory of the accomplice

Errors in the Question Of course, this is not actually what really happens. What really happens is that the original crime is not tried. It is simply ASSUMED to have taken place and there is a ...
David Siegel's user avatar
3 votes

What is Jurisprudence?

Jurisprudence is the philosophy of law Jurisprudence is not the same as law just like metaphysics is not physics and theology is not religion. The study of law is specific to a specific legal system, ...
Dale M's user avatar
  • 211k
3 votes

Has punishment for precedent-setting decisions ever been recognized as retroactive enforcement of a new law?

Your premise that "the law did not exist previously" is, from the perspective of how courts work, mistaken. The law always existed, it's just that some people (maybe even judges) mistakenly ...
user6726's user avatar
  • 215k
3 votes

Can a judge simply say that industrial farms should treat farm animals well as it is simply right to do so?

There are laws against animal cruelty What counts as cruel is a social convention that changes over time. It is a fundamental principle of common law jurisdictions (like most of the united-states) ...
Dale M's user avatar
  • 211k
3 votes
Accepted

When does "mental health" factor into penalizing an individual?

It depends on the jurisdiction but, very broadly speaking, the person might be ill such that: they did not know what they were doing or that what they were doing was wrong (insanity) their ability to ...
Lag's user avatar
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