Philosophy Of Law Essay

Motive A motive is a state of being relating to wizs goals or circumstantial desires. One may possess a conscious or unconscious motive. For example, one may act out of jealousy but non be aw ar of the jealousy. Even if motives are determined to be conscious, they are considered involuntary feelings or desires. prototype A cigarette sliceufacturing have it away with plans to increase gelt done mediating the inns aim of producing items that are non-nicotine. Through making green cigarettes, they tend to theorize that the express cigarettes commit less nicotine, but would in veryity make the buyer feel to buy more than because they are not consuming nicotine anyway. As a result, buyers would receive the same amount of nicotine for a naughtyer amount of profit for the company, which is the main motive of the state marketing approach. Intention An one-on-ones spirit is a means to an end. In other words, an intention is a way of achieving a specific goal or desire. In dividuals are conscious of their intentions and may do them by voluntary acts. framework A parent aims to protect his or her child through self-aggrandising him the redress chance to know the right principles in life that they ought to apply through maturity. honor is concern with Intentions The legality is concerned with intention, but not with motive. Determinations about motives are hard to ascertain and very complex. Therefore, one sessnot be held li sufficient for a motive. They are involuntary port patterns. Requiring judges to determine penalties ground upon motives would deletion predictability and uniformity of justice. Given their voluntary character, the fair play punishes found upon intent. An individual can be held responsible for their intentions. suit A domestic helper accident each(prenominal)y killed her boss for the sake of self defense from a familiar assault from the said employer so she was pronounced not guilty by the royal court. question Regarding Responsibility Skepticism attacks the method of apportionment of responsibility for violations of right. Will the party be held personally responsible and if so, to what degree? Or depart society have to bear some of the responsibility for an individuals violative litigate? Skepticism is argued in cosmosy forms. Skepticism may be premised upon a theory of determinism, practicalism, techno crystallineism, and religion. congress homosexual A company aims to increase the quality of their products however, the cost of the manufacturing has been passed in huge percentage to the consumers. As a result, the buyers has toughened an issue that has a great impact on the capability of the company to receive larger profit for the business.Deterministic Skepticism Deterministic incredulity comes in a variety of degrees. In its most extreme, delimitatetled skepticism suggests that if one cannot help doing what they are doing, they should not be res ponsible for their actions. Other forms of deterministic skepticism are less drastic due to their belief that only a few persons are genuinely in a position where they cannot help what it is that they are doing. In the less extreme form, the inquiry focuses upon conclusion regarding ones ability to control ones actions. utilisation A kleptomaniac is ordinarily not held responsible for the things that he steals because of the fact that are considered psychologically disturbed.Practical Skepticism Practical skeptics will not inquire into the question of responsibility because of the quantify required for such an inquiry has an inefficient impact upon the justnessful system. Such inquiry is believed to be an inefficient distribution of scarce judicial resources. example A case against sexual assault has been dismissed by the court because of the lack of validateing evidences that proves that there is a documentary case to be lap upd.Technological Skepticism Technological skep ticism refuses to inquire into the question of responsibility, because its belief that the straight concern of the legal system is that of control over the public. In sum, effective social control does not include an inquiry regarding responsibility. utilisation A case with regards a particular state of affairs that involves an employee being disenable because of the machineries of the company has been dismissed due to the fact that the company already did its responsibility to the employee at the best of its cost. honourable Skepticism Moral skepticism also forbids inquiry into responsibility because the theory holds that it is inconsistent with enlightened cleanity to insist on individual responsibility for harm.Example A man that has been separated from his wife for basketball team years and has never been able to communicate with her now decides to marry another woman. He was permitted by his spectral affiliation to do so, on the introduction of the other partner being gu ilty of adultery and the march of divorce not being legal in the country. For this intellect the court honors the marriage as well. unappeasable Liability Strict indebtedness is another theory in the consideration of allocation of responsibility. Strict liability requires assessment of liability upon grounds of physical acts without regard to actual responsibility. The theory does not require a finding of intent to commit crime and therefore does not require resources for determination of intent. Proponents argue remuneration of strict liability to replace individual responsibility in its entirety. Strict liability agrees with the utilitarian opinion and represents a denial of individual liberties in favor of deterrence for public protection.Example An accidental position that ca employ the injury of an employee from a work area has been considered a null-case since the evidences show that the situation has occurred because of a mere accident and nobody could be blamed for it. FOUNDATIONS AND THEORIES OF LAWEternal and Divine virtue Eternal law recognizes the employment of a divine figure in the establishment of law. The numerous theories of eternal law suggest that law is created by the word of God, transmitted by prophet and sent to govern man. Recognition of eternal law is still found in Hebrew, Islamic and Babylonian law.Example The finis of the church to marry a man to five wives as an Islam is never touched by the law because it is a law establish from the beliefs of the people.Disadvantages of Eternal Law Eternal law requires faith in a divine being, of which there is no cosmopolitanly accepted figure. Eternal law also requires translation through a prophet who is not held liable for the rules since she interprets the word of God.Example immanent Law A system of rules and principles guiding human behavior found upon conduct common throughout all people. The laws and principles grow out of humanitys wise thoughts and conform to innate(p) ment al, moral, and physical states. Cardinal premise states that humanity acts upon judicious thoughts framed by our genuine nature to satisfy take and impulses without interference from deception, dishonesty, or indulgence.Example A woman was offered a high amount of money in exchange of dis bearing her companys established principles in treatment the people force so as to sabotage the operation of the business at the advantage of its enemy in the market. Her conscience did not permit her top do so, knowing that no matter how a great the great unwashed money is to be paid to her, she is sure to regret what she is going to do.Early Theories of vivid Law several(a) early theories of graphic law believed the concept was establish upon virtue, nature, former, and God.Example The society vividly accepts the things that has already been forget me drug by the natural systems of the earth and the ways by which they relate to human exits, such as occurrences and dilemmas natural e vent due to the climate change.Historical Natural Law found Upon Virtue Natural law based upon virtue can be governed by theories of good conduct or justice and reason. Typically, law dictates virginal duties of a person in all facets of their life. The duties generally demand fulfillment of particular social obligations and the rules may be considered divine in origin or from the ruler. Alternatively, the theory of virtue based upon justice and reason, demands decisions based upon an individuals sense of justice and reason. If a decision is prompted by anything other than justice or reason, the person has failed to live by the law of nature.Example People are expected to act towards the situation facing them through reasonable idealism of truth and principles. If a man is face up with adversity of poverty, he is expected to work on making possible amends to support his life through work and not stealing.Historical Natural Law base Upon Natural Justice Natural law based upon a theory of natural justice was developed by Aristotle and holds that laws are of both(prenominal) types universal and specific. frequent law is the law of nature and binding upon all people. Universal law does not change. In contrast, specific law is developed by the local community. It is developed by people and limited in its ascendence. item law is apt to change frequently.Example Once a person errs, the society despises sharing time with him or her until they know that he or she has already regretted the sin sincerely.Historical Natural Law Based Upon Reason Natural law based upon reason was developed by Cicero of Rome and establishes that law is premised upon reason in agreement with nature. Like Aristotles universal law, Cicero believes that natural law based upon reason is universal in its application and does not change. To alter this type of law would be considered a sin, and it cannot be repealed. It is a law which is eternal and unchanging and valid to all people at a ll times. This law was believed to be written by God.Example People pay in exchange of goods because it has been established through the old times of the biblical and human history that something is assumption in exchange of something taken.Historical Natural Law Based Upon Divine Intervention Natural law premised upon divinity was forwarded by St. doubting Thomas Aquinas during the thirteenth century. Saint Thomas classified law into 4 levels. The first level is divine law, not all of which is known to man. The second level is divine law known to man, called eternal law. From eternal law comes natural law, and from natural law comes human law.Example People are usually guarded in their decisions through the divine under rest that they have with regards the principles of God. These decisions are considered by the court as the basis of accepting the instauration of divine intervention.General Premise of Natural Law Based Upon Divine Intervention Saint Thomas general premise of natu ral law is founded upon a notion of goodness. Saint Thomas theory holds that grievous acts must be avoided and good acts accomplished. Generally, natural law applies to all people and prescribes that an individual act virtuously.Example People are expected to act upon situations based upon their understanding of the different principles of life that are considered as social norms, their decisions as per mentioned are naturally expected to be based on such moral beliefs.Criticisms of the Historical Theories of Natural Law Some of the criticisms of early natural law theory include 1) misery to distinguish between natural laws and normative laws, 2) man is removed from responsibility in moral decision making, 3) mans contribution to own civility is ignored and, 4) suspiciousness is unnecessarily placed in manmade structures.Example The judgment of humans with regards natural occurrences had been mistakenly related to the acts of abrupt human decisions.Historical Natural Law Lacks Di stinction Between Natural and Normative Law One of natural laws many criticisms is premised upon a lack of distinction between natural and normative law. Natural law exists at certain levels in man and in nature whereas normative law, crafted by man, does not exist in the world of nature. Natural law, much like nature, exists upon its own terms with no sense of morality. Natural law is fashioned from a factual and a regular existence whereas normative law is comprised of human morality.Example Same-sex marriage had not been accepted by the law before, however, just lately, it has been widely accepted by both(prenominal) the church and the law because of the changing levels of social and moral law in the human community.Historical Natural Law did not Assign Responsibility for Moral Decisions Natural law forwards the proposition that nature makes the selection between cardinal possible and competing moral values. Realistically, the decision between competing values is made by man an d not by nature. Therefore man must assume responsibility for selecting between two values and he should not ascribe the choice to nature.Example Love has been noted by close to all(prenominal)one as a basis of all existing law. However, if it has been the basis of committed crime, love is then situated aside to judge the situation as to how it has affected the lives of others involved in the matter.Historical Natural Law Ignores Mans Contribution to Own Civility Natural law does not consider mans ethical and moral development, apart from that development which occurs through application of natural law. This premise ignores the enormousness of mans contribution to his own development. Those opposing natural law believe man has more than a passive role in his ethical and moral development and should be given character for such contributions.Example Although humans have already created possible ways to develop their own lives, natural law suggests that the developments are still based from the natural ways of the environment and not on the sodding(a) intellect of humans.Historical Natural Law Promotes Distrust in Man Made Structures Natural law promotes distrust in man made structure. Natural law considers everything created by man to be singular and inconsistent with prior structures. Opponents of natural law will argue that the existence of normative standards created by man govern his sense of judgement in a consistent fashion. Illustration of normative standards includes world religions.Example Natural systems are considered perfect and sustaining. It is this reasoning that would actually break down the causes behind the social distrust upon the manmade structures that are not likely following the systems of nature in sustenance and structural existence.Justification for penalization Based Upon Retribution Retribution is often cited as a justification for imposition of penalty for iniquitous action. Retribution is most commonly associated with a th eory of fairness. One should be punished as a result of ones blameworthiness in committing an illegal act. The beneficiaries of the punishment will be the society at large.Example An alleged terrorist upon investigation is judged as guilty and is kept in custody of the authority so as to protect the values of the greater number of human population.Justification for Punishment Based Upon Deterrence Punishment has been justified upon the basis of deterrence. The theory holds that punishment deters illegal activity in two fashions. First, an individual may be deterred from committing a crime after considering punishment of a prior criminal. Second, the arrogate offender may be deterred from committing crime as a result of prior punishment. The beneficiaries of the punishment will be the society at large.Example A prisoner not showing change is usually asked to rehabilitate so as to help him in not repeating his act and the other by being victimized by the said act.Justification for Pu nishment Based Upon Reformation Punishment has been based upon a theory of reformation of the individuals character, thereby allowing subsequent participation in society. The beneficiaries of punishment under a theory of reformation will be society at large and the individual criminal.Example Reforming criminal offenders especially the juvenile population is a regular practice that is applied by the government. This aims to help reaffirm the situation of the offender in a better status in the society, consequently becoming a better person t the same time. DEFINITIONSJurisprudence Jurisprudence is comprised of two definitions relevant to the study of law. First, in the legal tradition of the United States and England, jurisprudence pertains to legal philosophy. Secondly, other European countries abduce to jurisprudence as the collection of decisions of a particular court. Opinionated Definition A person looses the real understanding of the jurisprudence of law when he becomes less able to understand the law due to raise and anxiety that increases the chances of moving violently against other people in the society. Likely, jurisprudence is returned to one when he is able to receive the rightful judgment he deserves from the authorities of law. Example A jury decides to dismiss a case because of being highly moved for the reasons of the accuse of why he did the crime. It turned out that he had no choice but to do it for the sake of protecting the ones he loved. The court was less powerful in this case as the majority of the jury as well as the people in the court the public all attested to one plausible fact that the pronounce did it for a deep and logical reason. Justice The definition of justice depends upon which definition of jurisprudence is under consideration. By the American and English definition, justice means, the constant and perpetual disposition of legal matters or disputes rendering every man his due1. But a broader definition of justice in cludes, a moral or absolute worth and upholding what is fair and just2. Opinionated Definition Justice is applied as a normalizing factor among the differences of the people on the world. It sets the differences of the people in an equalizing their ideas and opinions with regard law and such things. Hence, justice is a regular matter that demand to be applied in the society always. A person then is supposed to be continuously considering justice towards himself and towards others as part of his moral responsibility to the society. Example Wal-Mart employees claim that they are being unfairly treated by their organization. As they continue to serve the company, they are also constantly apprehended by their union to continue fighting for the justice that they deserve as the force increasing the profit of the company every year.Natural State of Man A state or condition whereby man reacts jibe to his natural impulses and not as a result of such stimulus as fraud, deceit, or misrepre sentations. The natural state of man is developed in the theory of Natural Law. Opinionated Definition Conscience is a natural way by which humans understand the natural law of life, the impulses of humans with regards right and impose on _or_ oppress is a strong implication of the reality of the existence of natural law. This is the section of the law that actually designs the basis of the right and wrong within the modern human law today. Example A man was faced with great adversity of being homeless. He along with his family needed somewhere else to stay other than the streets so the man decided to search any possible area that he and his family could live for while. Out of need, the man saw a deserted base that nearly looked destroyed, still he managed to bring his family there and live there. After a few years, he was able to improve the house.Later on the owner of the house shows up and claims that the house has been stolen from him. The man attests that it was already deser ted when he saw it and looked as if nobody already owned it. The man agrees to pay the price of the lot for possession, but the owner refuses to take the offer, instead he wants them to get out of the area. The man refuses the same way and a court hearing was set to solve the issue.Logic The science of reasoning, or the operations of understanding which are subservient to the estimation of the evidence. The term includes both the process of proceeding from known truths to unknown, and all other intellectual operations3.Opinionated Definition Logic is used by everyone wanting to understand the regularities of life. Every individual utilizing it actually makes a purposeful understanding of the things contingency to him and to the environment that he is living in. with logics existence, people are given the chance to reason out as to why they have done things in their past and how those experiences affect their present lives today. Example Not everything has been explained to a defe ndant when he was talked to by his lawyer because the session hearing has already begun. However, through looking at the faces of the people in the court, logic tells him that there is something that will happen ones the new regain is set for questioning.Prerogative An exclusive or peculiar right or privilege. A special power, privilege, immunity, or right vested in an official person, either generally, or in respect to the things of his office, or in an official body, as a court or legislature.4Opinionated definition Each person believes to have his own prerogative in life. Using it as a basis of his decisions actually makes his life more meaningful and successful as he uses the power he has to support the wants and the needs he is expected to support in his life today. Example The NEDA Secretary of the Philippines, Romulo Neri refuses to speak on the depth of the case on the XTE-NBN deal as he is protected by the executive privilege law stating that he can moderate things as lon g as he believes he has already said what he needed to say at the senate.Property Law Property law defines the borders of our legally rightful possessions, the nature and scope of those things we can take rightful title to. It is also used to describe the exclusive right of possessing, enjoying, and disposing of a thing5. It is the highest right a man can have in an object.Opinionated Definition Every person is given the rightful authority over his belongings. This is the primary basis of the property law which draws the line of the limitations and extent of ones properties. Such law serves as a guideline to ones understanding of the things that unfeignedly belong to him. Example A number of people ought to say that the place where their scanty homes are standing is their own as community as it is already a public property, therefore they refuse to quash when a public project has been passed on to be built in their area. They point out that they have already worked hard for the d evelopment of the said area and they deserve to be paid for what they have done. On the other hand, the businessmen attest that they already own the area as they already bought it, meaning that they could already do anything that they would want onto it.Ratio Decidendi The ground or reason for reaching a decision. The point in a case which determines the judgment6.Opinionated Definition Rational understanding of situations is likely much related to ones logical reasoning over a certain thought that explains a situation as it happens. Being rational about things makes one more capable of seeing the two sides of the coin or the positive and detrimental aspects of an occurrence. Being rational too helps a person to become more understanding of things as they come barging in to ones lifetime using such occurrences as great opportunities for change and development. Example Wal-Mart finally decided to face their issues with their employees. They tried to come up with the useful process of meeting the needs of their employees as they also meet the standards of the business. Likely though, after a year, the union decided to continue the cases against Wal-Mart as they believe that their values were not served well even after the agreement.Rhetoric The art of effective cheek and the persuasive use of language.7Opinionated Definition Ones capability of using language as a major source of expression of thoughts is a gift. However, a more persuasive pattern used by politicians and other certain personalities in the society today in an aim of influencing others is actually a more complex manner of using words for the sake of attracting people to take notice of the thoughts of the said individuals for consideration. Example The politicians today use rhetorical speeches to be able to help the people understand their propagandas set for the betterment of the society as per proposed by the said individuals during campaign.1 Blacks Law Dictionary, sixth Edition, 1990.2 The Am erican hereditary pattern Dictionary, 2nd edition, 1983.3 Blacks Law Dictionary, 6th Edition, 1990.4 Blacks Law Dictionary, 6th Edition, 1990.5 Blacks Law Dictionary, 6th Edition, 1990.6 Blacks Law Dictionary, 6th Edition, 1990.7 The American Heritage Dictionary, 2nd edition, 1983.