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81 votes

Why are there no laws rewarding people

There are plenty of laws that reward people These include: Literal rewards - payment for information leading to an arrest/conviction. Welfare systems - the government is literally paying money in ...
Dale M's user avatar
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33 votes
Accepted

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

Does this theory have any basis in current or historical fact? Not really. The sovereign citizen movement uses legal terms, but not correctly, and often confounded with Biblical doctrine, and hones ...
ohwilleke's user avatar
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31 votes

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

It is an unquestioned pre-American axiom, expressed in Latin as actus reus non facit reum nisi mens sit rea ("the act is not culpable unless the mind is guilty") which has been part of the ...
user6726's user avatar
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24 votes

Is natural law a type of common law?

No, Natural law is not a type or subset of Common Law Natural Law is derived from what some person thinks is a logical and obvious rule, or what some person thinks is God's Law. There are many ...
David Siegel's user avatar
24 votes

Why are there no laws rewarding people

In the UK, judges sitting on criminal cases can award cash sums to individuals for exceptionally public-spirited actions which have come to light during the trial. For many years the customary sum was ...
Michael Harvey's user avatar
22 votes
Accepted

Are laws written logically and rigorously?

Are laws written logically and rigorously? No. Laws are not consistently written to any consistent stylistic standards. Whatever legislators approve becomes the law even if the law is poorly drafted. ...
ohwilleke's user avatar
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15 votes

Why are there no laws rewarding people

Boy, the "yeah-but" gang just hates this question. I added a bit at the end about how to see for yourself. The rule of law exists to replace any of these: { violence, extortion, corruption ...
Harper - Reinstate Monica's user avatar
12 votes

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

Any country is their own sovereign There is no international law that demands any state to allow anyone free speech of all kinds. Remember that your rights end where the rights of others [incl. ...
Trish's user avatar
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12 votes

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

I don't see how any legal system, US,or otherwise, could work without the assumption of free will. Defendant: I don't have free will, so I can't be held responsible for my actions. Judge: I don't ...
Simon Crase's user avatar
11 votes

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

canada Conduct that is involuntary (in the sense of having no conscious control or awareness of one's actions) "cannot be criminal" (R. v. Brown, 2022 SCC 18): To deprive a person of their ...
Jen's user avatar
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8 votes

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

A series of answers were proposed to similar questions in the world building forum. https://worldbuilding.stackexchange.com/questions/29880/how-could-a-legal-system-whose-punishments-were-based-off-...
ohwilleke's user avatar
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8 votes

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

wisconsin I found the following in State v. Vinson, 269 Wis. 305 - Wis: Supreme Court 1955: The instruction of which appellant complains does no more than inform the jury of the well-known rule that ...
D M's user avatar
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7 votes

Why are there no laws rewarding people

Many incentives exist granting "free money" or awarding special protections for someone that takes special actions, which exist in a variety of contexts. For example, the U.S. congress ...
when squared equals a negative's user avatar
7 votes

Are laws written logically and rigorously?

Many statutes contain what appear to be precise logical constructions. Here are some examples from Canada using "if and only if." But this is not the norm and does not necessarily confine ...
Jen's user avatar
  • 59.8k
7 votes

Are laws written logically and rigorously?

Laws are not composed or interpreted according to the usual formal logic conventions (Philosophy 105), for instance "if and only if" is not generally used, although it is used (examples). ...
user6726's user avatar
  • 215k
6 votes

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

There is an important distinction between moral duty and legal obligation. Even if an officer should arrest a person, given some moral standard, they are not legally obligated to do so. A test for ...
user6726's user avatar
  • 215k
6 votes

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

Interesting question. We know from cases involving twins that even when you know for a fact one of two people committed a crime (say, because of highly incriminating DNA evidence), both twins will be ...
Shazamo Morebucks's user avatar
6 votes

Is natural law a type of common law?

No. Natural law is a philosophical or theological concept. There is obviously quite a bit of debate about what it exactly means, and what those laws actually are, but it generally holds that all of ...
bdb484's user avatar
  • 60.7k
6 votes

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

I believe that the OP has misunderstood what the "rule of law" is generally understood to mean. It does not mean adhering to or even being guided by one of the various versions of "...
David Siegel's user avatar
5 votes

Why are there no laws rewarding people

There are plenty. All forms of tax breaks (marriage, children, commuting) subsidies (planting certain crops, buying electric cars) bounties (catching criminals) are direct financial rewards for ...
knallfrosch's user avatar
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

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

No legal systems (officially) compute punishment based on strength of evidence for conviction. The reason is simple: justice is a relationship between an act and its consequences, not a relationship ...
user6726's user avatar
  • 215k
5 votes

What kinds of formal logic have applications in law?

The Life of the Law Has Not Been Logic; It Has Been Experience. -- Oliver Wendell Holmes, Jr. Basically none.
ohwilleke's user avatar
  • 221k
4 votes

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

Under U.S. law the prosecution must prove that the defendant committed a particular crime beyond a reasonable doubt. So, it is not sufficient to prove that someone committed one of three crimes ...
ohwilleke's user avatar
  • 221k
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
  • 221k
4 votes

Why are there no laws rewarding people

The rights that you enjoy as a reward As an answer to Do the laws always prohibit and punish?. The right to property and laws against robbery allow people to enjoy their property without anyone being ...
SJuan76's user avatar
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4 votes

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

For example, a plumber may operate in the capacity of an LLC to avoid personal civil (though probably not criminal) liability for any mishaps that may happen while on the job. No, that's not true. ...
computercarguy's user avatar
4 votes

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

I may be wrong, but it sounds like the question is flawed in that it makes inaccurate assumptions... namely; our legal system specifically addresses free will. It does not. To operate effectively we ...
STS1SS's user avatar
  • 149
3 votes

Why are there no laws rewarding people

There are plenty of laws that reward people for desired behavior, and here is an example. The headline says it all: The Government Will Pay You to Have Babies in These Countries
Allure's user avatar
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