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Legal Norm
A legal norm is a binding rule or principle, or norm, that organisations of sovereign power promulgate and enforce in order to regulate social relations. Legal norms determine the rights and duties of individuals who are the subjects of legal relations within the governing jurisdiction at a given point in time. Competent state authorities issue and publish basic aspects of legal norms through a collection of laws that individuals under that government must abide by, which is further guaranteed by state coercion. There are two categories of legal norms: normativity, which regulates the conduct of people, and generality, which is binding on an indefinite number of people and cases. Diplomatic and legislative immunity refers to instances where legal norms are constructed to be targeted towards a minority and are specifically only binding on them, such as soldiers and public officials.Palacky University. (2019). 'Legal Norms' owerPoint presentation Available at: oldwww.upol.cz/file ...
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Norm (philosophy)
Norms are concepts (Sentence (linguistics), sentences) of practical import, oriented to affecting an action, rather than conceptual abstractions that describe, explain, and express. Normative sentences imply "ought-to" types of statements and assertions, in distinction to sentences that provide "is" types of statements and assertions. Common normative sentences include Imperative mood, commands, permissions, and prohibitions; common normative abstract concepts include ''sincerity'', ''justification'', and ''honesty''. A popular account of norms describes them as Reason (argument), reasons to take action (philosophy), action, to belief, believe, and to emotion, feel. Types of norms Orders and permissions express norms. Such norm sentences do not describe how the world is, they rather prescribe how the world should be. Imperative mood, Imperative sentences are the most obvious way to express norms, but declarative sentences also may be norms, as is the case with laws or 'principles ...
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Legislation
Legislation is the process or result of enrolled bill, enrolling, enactment of a bill, enacting, or promulgation, promulgating laws by a legislature, parliament, or analogous Government, governing body. Before an item of legislation becomes law it may be known as a bill (proposed law), bill, and may be broadly referred to as "legislation" while it remains under consideration to distinguish it from other business. Legislation can have many purposes: to regulate, to authorize, to outlaw, to provide (funds), to sanction, to grant, to declare, or to restrict. It may be contrasted with a non-legislative act by an Executive (government), executive or administrative body under the authority of a legislative act. Overview Legislation is usually proposed by a member of the legislature (e.g. a member of Congress or Parliament), or by the executive, whereupon it is debated by members of the legislature and is often amended before passage (legislature), passage. Most large legislatures enact ...
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Temperance (virtue)
Temperance in its modern use is defined as moderation or voluntary self-restraint. It is typically described in terms of what an individual voluntarily refrains from doing. This includes restraint from revenge by practicing non-violence and forgiveness, restraint from arrogance by practicing humility and modesty, restraint from excesses such as extravagant luxury or splurging, and restraint from rage or craving by practicing calmness and self-control. Temperance has been described as a virtue by religious thinkers, philosophers, and more recently, psychologists, particularly in the positive psychology movement. It has a long history in philosophical and religious thought. In classical iconography, the virtue is often depicted as a woman holding two vessels transferring water from one to another. It is one of the cardinal virtues in western thought found in Greek philosophy and Christianity, as well as eastern traditions such as Buddhism and Hinduism. Temperance is one of the si ...
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Consequentialism
In ethical philosophy, consequentialism is a class of normative, teleological ethical theories that holds that the consequences of one's conduct are the ultimate basis for judgment about the rightness or wrongness of that conduct. Thus, from a consequentialist standpoint, a morally right act (or omission from acting) is one that will produce a good outcome. Consequentialism, along with eudaimonism, falls under the broader category of teleological ethics, a group of views which claim that the moral value of any act consists in its tendency to produce things of intrinsic value.Teleological Ethics
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Punishment
Punishment, commonly, is the imposition of an undesirable or unpleasant outcome upon a group or individual, meted out by an authority—in contexts ranging from child discipline to criminal law—as a response and deterrent to a particular action or behavior that is deemed undesirable or unacceptable. It is, however, possible to distinguish between various different understandings of what punishment is. The reasoning for punishment may be to condition a child to avoid self-endangerment, to impose social conformity (in particular, in the contexts of compulsory education or military discipline), to defend norms, to protect against future harms (in particular, those from violent crime), and to maintain the law—and respect for rule of law—under which the social group is governed. and violates the law or rules by which the group is governed. Punishment may be self-inflicted as with self-flagellation and mortification of the flesh in the religious setting, but is mos ...
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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 is established by statute, which is to say that the laws are enacted by a legislature. Criminal law includes the punishment and rehabilitation of people who violate such laws. Criminal law varies according to jurisdiction, and differs from civil law, where emphasis is more on dispute resolution and victim compensation, rather than on punishment or rehabilitation. Criminal procedure is a formalized official activity that authenticates the fact of commission of a crime and authorizes punitive or rehabilitative treatment of the offender. History The first civilizations generally did not distinguish between civil law and criminal law. The first written codes of law were designed by the Sumerians. Around 2100–2050 BC Ur-Nammu, the N ...
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Rights
Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal system, social convention, or ethical theory. Rights are of essential importance in such disciplines as law and ethics, especially theories of justice and deontology. Rights are fundamental to any civilization and the history of social conflicts is often bound up with attempts both to define and to redefine them. According to the ''Stanford Encyclopedia of Philosophy'', "rights structure the form of governments, the content of laws, and the shape of morality as it is currently perceived". Definitional issues One way to get an idea of the multiple understandings and senses of the term is to consider different ways it is used. Many diverse things are claimed as rights: There are likewise diverse possible ways to categorize rights, such as: There has been considerable debate a ...
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Virtue Ethics
Virtue ethics (also aretaic ethics, from Greek ἀρετή arete_(moral_virtue).html"_;"title="'arete_(moral_virtue)">aretḗ''_is_an_approach_to_ethics_that_treats_the_concept_of_virtue.html" ;"title="arete_(moral_virtue)">aretḗ''.html" ;"title="arete_(moral_virtue).html" ;"title="'arete (moral virtue)">aretḗ''">arete_(moral_virtue).html" ;"title="'arete (moral virtue)">aretḗ'' is an approach to ethics that treats the concept of virtue">moral virtue as central. Virtue ethics is usually contrasted with two other major approaches in ethics, consequentialism and deontology, which make the goodness of outcomes of an action (consequentialism) and the concept of moral duty (deontology) central. While virtue ethics does not necessarily deny the importance of goodness of states of affairs or moral duties to ethics, it emphasizes moral virtue, and sometimes other concepts, like ''eudaimonia'', to an extent that other ethical dispositions do not. Key concepts Virtue and vice ...
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Utilitarianism
In ethical philosophy, utilitarianism is a family of normative ethical theories that prescribe actions that maximize happiness and well-being for all affected individuals. Although different varieties of utilitarianism admit different characterizations, the basic idea behind all of them is, in some sense, to maximize utility, which is often defined in terms of well-being or related concepts. For instance, Jeremy Bentham, the founder of utilitarianism, described ''utility'' as: That property in any object, whereby it tends to produce benefit, advantage, pleasure, good, or happiness ... rto prevent the happening of mischief, pain, evil, or unhappiness to the party whose interest is considered. Utilitarianism is a version of consequentialism, which states that the consequences of any action are the only standard of right and wrong. Unlike other forms of consequentialism, such as egoism and altruism, utilitarianism considers the interests of all sentient beings equally. Pr ...
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Deontological Ethics
In moral philosophy, deontological ethics or deontology (from Greek: + ) is the normative ethical theory that the morality of an action should be based on whether that action itself is right or wrong under a series of rules and principles, rather than based on the consequences of the action. It is sometimes described as duty-, obligation-, or rule-based ethics. Waller, Bruce N. 2005. ''Consider Ethics: Theory, Readings, and Contemporary Issues''. New York: Pearson Longman. p. 23. Deontological ethics is commonly contrasted to consequentialism, virtue ethics, and pragmatic ethics. In this terminology, action is more important than the consequences. The term ''deontological'' was first used to describe the current, specialised definition by C. D. Broad in his 1930 book, ''Five Types of Ethical Theory''. Older usage of the term goes back to Jeremy Bentham, who coined it prior to 1816 as a synonym of ''dicastic'' or ''censorial ethics'' (i.e., ethics based on judgement). The mor ...
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Tort
A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract. While tort law in civil law jurisdictions largely derives from Roman law, common law jurisdictions derive their tort law from cus ...
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Normative
Normative generally means relating to an evaluative standard. Normativity is the phenomenon in human societies of designating some actions or outcomes as good, desirable, or permissible, and others as bad, undesirable, or impermissible. A norm in this normative sense means a standard for evaluating or making judgments about behavior or outcomes. Normative is sometimes also used, somewhat confusingly, to mean relating to a descriptive standard: doing what is normally done or what most others are expected to do in practice. In this sense a norm is not evaluative, a basis for judging behavior or outcomes; it is simply a fact or observation about behavior or outcomes, without judgment. Many researchers in science, law, and philosophy try to restrict the use of the term normative to the evaluative sense and refer to the description of behavior and outcomes as positive, descriptive, predictive, or empirical. ''Normative'' has specialised meanings in different academic disciplines such a ...
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