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Experimental Jurisprudence
Experimental jurisprudence (X-Jur) is an emerging field of legal scholarship that explores the nature of legal phenomena through psychological investigations of legal concepts. The field departs from traditional analytic legal philosophy in its ambition to elucidate common intuitions in a systematic fashion employing the methods of social science. Equally, unlike research in legal psychology, X-Jur emphasises the philosophical implications of its findings, notably, for questions about whether, how, and in what respects, the law's content is a matter of moral perspective. Whereas some legal theorists have welcomed X-Jur's emergence, others have expressed reservations about the contributions it seeks to make. Background Experimental jurisprudence (X-Jur) is an outgrowth of the broader experimental philosophy (X-Phi) movement. Emerging in the early 2000s, and focusing initially on the folk concepts of semantic reference, knowledge, and intentional action, X-Phi represented a rejecti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Philosophy Of Law
Philosophy of law is a branch of philosophy that examines the nature of law and law's relationship to other systems of norms, especially ethics and political philosophy. It asks questions like "What is law?", "What are the criteria for legal validity?", and "What is the relationship between law and morality?" Philosophy of law and jurisprudence are often used interchangeably, though jurisprudence sometimes encompasses forms of reasoning that fit into economics or sociology. Philosophy of law can be sub-divided into analytical jurisprudence, and normative jurisprudence. Analytical jurisprudence aims to define what law is and what it is not by identifying law's essential features. Normative jurisprudence investigates both the non-legal norms that shape law and the legal norms that are generated by law and guide human action. Analytical jurisprudence Unlike experimental jurisprudence, which investigates the content our folk legal concepts using the methods of social science, analyti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Social Science
Social science is one of the branches of science, devoted to the study of societies and the relationships among individuals within those societies. The term was formerly used to refer to the field of sociology, the original "science of society", established in the 19th century. In addition to sociology, it now encompasses a wide array of academic disciplines, including anthropology, archaeology, economics, human geography, linguistics, management science, communication science and political science. Positivist social scientists use methods resembling those of the natural sciences as tools for understanding society, and so define science in its stricter modern sense. Interpretivist social scientists, by contrast, may use social critique or symbolic interpretation rather than constructing empirically falsifiable theories, and thus treat science in its broader sense. In modern academic practice, researchers are often eclectic, using multiple methodologies (for instance, by ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Psychology
Together, legal psychology and forensic psychology form the field more generally recognized as "psychology and law". Following earlier efforts by psychologists to address legal issues, psychology and law became a field of study in the 1960s as part of an effort to enhance justice, though that originating concern has lessened over time. The multidisciplinary American Psychological Association's Division 41, the American Psychology-Law Society, is active with the goal of promoting the contributions of psychology to the understanding of law and legal systems through research, as well as providing education to psychologists in legal issues and providing education to legal personnel on psychological issues. Further, its mandate is to inform the psychological and legal communities and the public at large of current research, educational, and service in the area of psychology and law. There are similar societies in Britain and Europe. Areas of research Generally speaking, any researc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Experimental Philosophy
Experimental philosophy is an emerging field of philosophical inquiry Edmonds, David and Warburton, NigelPhilosophy’s great experiment, ''Prospect'', March 1, 2009 that makes use of empirical data—often gathered through surveys which probe the intuitions of ordinary people—in order to inform research on philosophical questions. This use of empirical data is widely seen as opposed to a philosophical methodology that relies mainly on a priori justification, sometimes called "armchair" philosophy, by experimental philosophers. Knobe, JoshuaExperimental Philosophy and Philosophical Significance '' Philosophical Explorations'' (10) 2007. Experimental philosophy initially began by focusing on philosophical questions related to intentional action, the putative conflict between free will and determinism, and causal vs. descriptive theories of linguistic reference. However, experimental philosophy has continued to expand to new areas of research. Disagreement about what experimen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Analytic Philosophy
Analytic philosophy is a branch and tradition of philosophy using analysis, popular in the Western world and particularly the Anglosphere, which began around the turn of the 20th century in the contemporary era in the United Kingdom, United States, Canada, Australia, New Zealand, and Scandinavia, and continues today. Analytic philosophy is often contrasted with continental philosophy, coined as a catch-all term for other methods prominent in Europe. Central figures in this historical development of analytic philosophy are Gottlob Frege, Bertrand Russell, G. E. Moore, and Ludwig Wittgenstein. Other important figures in its history include the logical positivists (particularly Rudolf Carnap), W. V. O. Quine, and Karl Popper. After the decline of logical positivism, Saul Kripke, David Lewis, and others led a revival in metaphysics. Elizabeth Anscombe, Peter Geach, Anthony Kenny and others brought analytic approach to Thomism. Analytic philosophy is characterized by an empha ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Causation (law)
Causation is the "causal relationship between the defendant's conduct and end result". In other words, causation provides a means of connecting conduct with a resulting effect, typically an injury. In criminal law, it is defined as the '' actus reus'' (an action) from which the specific injury or other effect arose and is combined with '' mens rea'' (a state of mind) to comprise the elements of guilt. Causation only applies where a result has been achieved and therefore is immaterial with regard to inchoate offenses. Background concepts Legal systems more or less try to uphold the notions of fairness and justice. If a state is going to penalize a person or require that person pay compensation to another for losses incurred, liability is imposed according to the idea that those who injure others should take responsibility for their actions. Although some parts of any legal system will have qualities of strict liability, in which the '' mens rea'' is immaterial to the result and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mens Rea
In criminal law, (; Law Latin for "guilty mind") is the mental element of a person's intention to commit a crime; or knowledge that one's action (or lack of action) would cause a crime to be committed. It is considered a necessary element of many crimes. The standard common law test of criminal Legal liability, liability is expressed in the Latin phrase ,1 Subst. Crim. L. § 5.1(a) (3d ed.) i.e. "the act is not Culpability, culpable unless the mind is guilty". As a general rule, someone who acted without mental Fault (law), fault is not liable in criminal law Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law i ....". . . a person is not guilty of an offense unless he acted purposely, knowingly, recklessly or negligently, as the law may require, with respect to each material eleme ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Consent (criminal Law)
In criminal law, consent may be used as an excuse and prevent the defendant from incurring liability for what was done. Defences against criminal liability A defence against criminal liability may arise when a defendant can argue that, because of consent, there was no crime (e.g., arguing that permission was given to use an automobile, so it was not theft or taken without owner's consent). But public policy requires courts to lay down limits on the extent to which citizens are allowed to consent or are to be bound by apparent consent given. As an application of ''parens patriae'', for example, minors cannot consent to having sexual intercourse under a specified age even though the particular instance of statutory rape might be a "victimless" offense. In the case of adults, there are similar limits imposed on their capacity where the state deems the issue to be of sufficient significance. Thus, for example, an individual domiciled in a common law state cannot give consen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ethics
Ethics or moral philosophy is a branch of philosophy that "involves systematizing, defending, and recommending concepts of right and wrong behavior".''Internet Encyclopedia of Philosophy'' The field of ethics, along with aesthetics, concerns matters of value; these fields comprise the branch of philosophy called axiology. Ethics seeks to resolve questions of human morality by defining concepts such as good and evil, right and wrong, virtue and vice, justice and crime. As a field of intellectual inquiry, moral philosophy is related to the fields of moral psychology, descriptive ethics, and value theory. Three major areas of study within ethics recognized today are: # Meta-ethics, concerning the theoretical meaning and reference of moral propositions, and how their truth values (if any) can be determined; # Normative ethics, concerning the practical means of determining a moral course of action; # Applied ethics, concerning what a person is obligated (or permitted) to do ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dictionary
A dictionary is a listing of lexemes from the lexicon of one or more specific languages, often arranged alphabetically (or by radical and stroke for ideographic languages), which may include information on definitions, usage, etymologies, pronunciations, translation, etc.Webster's New World College Dictionary, Fourth Edition, 2002 It is a lexicographical reference that shows inter-relationships among the data. A broad distinction is made between general and specialized dictionaries. Specialized dictionaries include words in specialist fields, rather than a complete range of words in the language. Lexical items that describe concepts in specific fields are usually called terms instead of words, although there is no consensus whether lexicology and terminology are two different fields of study. In theory, general dictionaries are supposed to be semasiological, mapping word to definition, while specialized dictionaries are supposed to be onomasiological, first identifying ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Corpus Linguistics
Corpus linguistics is the study of language, study of a language as that language is expressed in its text corpus (plural ''corpora''), its body of "real world" text. Corpus linguistics proposes that a reliable analysis of a language is more feasible with corpora collected in the field—the natural context ("realia") of that language—with minimal experimental interference. The text-corpus method uses the body of texts written in any natural language to derive the set of abstract rules which govern that language. Those results can be used to explore the relationships between that subject language and other languages which have undergone a similar analysis. The first such corpora were manually derived from source texts, but now that work is automated. Corpora have not only been used for linguistics research, they have also been used to compile dictionaries (starting with ''The American Heritage Dictionary of the English Language'' in 1969) and grammar guides, such as ''A Compreh ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Interpretation
Judicial interpretation is the way in which the judiciary construes the law, particularly constitutional documents, legislation and frequently used vocabulary. This is an important issue in some common law jurisdictions such as the United States, Australia and Canada, because the supreme courts of those nations can overturn laws made by their legislatures via a process called judicial review. For example, the United States Supreme Court has decided such topics as the legality of slavery as in the ''Dred Scott'' decision, and desegregation as in the '' Brown v Board of Education'' decision, and abortion rights as in the ''Roe v Wade'' decision. As a result, how justices interpret the constitution, and the ways in which they approach this task has a political aspect. Terms describing types of judicial interpretation can be ambiguous; for example, the term ''judicial conservatism'' can vary in meaning depending on what is trying to be "conserved". One can look at judicial interpr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
