María Clara Doctrine
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María Clara Doctrine
The María Clara doctrine, also known as the Woman's Honor doctrine, is a legal doctrine applied by Philippine courts regarding cases that concern abuse against women. The doctrine is a presumption "that women, especially Filipinas, would not admit that they have been abused unless that abuse had actually happened." It was a part of case law in the Philippines for some considerable time but was repudiated by the Supreme Court of the Philippines in 2018. Etymology The doctrine was named after María Clara from José Rizal's novel '' Noli Me Tángere''. Clara is characterized as reserved and shy and was later considered an "ideal" role model for women in Filipino culture, although such notion was imposed by Spanish colonizers. This contrasted the ideal of women being more assertive, independent and courageous which dates back to the precolonial era. Legal history The doctrine became a part of the Supreme Court of the Philippines The Supreme Court ( fil, Kataas-taasang Huku ...
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Legal Doctrine
A legal doctrine is a framework, set of rules, Procedural law, procedural steps, or Test (law), test, often established through precedent in the common law, through which judgments can be determined in a given legal case. A doctrine comes about when a judge makes a ruling where a process is outlined and applied, and allows for it to be Case law, equally applied to like cases. When enough judges make use of the process, it may become established as the ''de facto'' method of deciding like situations. Examples Examples of legal doctrines include: See also * Constitutionalism * Constitutional economics * Concept * Rule according to higher law * Legal fiction * Legal precedent * ''Ex aequo et bono'' References External links * *Pierre Schlag and Amy J. Griffin, "How to do Things with Legal Doctrine" (University of Chicago Press 2020) * Emerson H. Tiller and Frank B. Cross,What is Legal Doctrine?
" ''Northwestern University Law Review'', Vol. 100:1, 2006. Legal doctrines ...
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Jurisprudence
Jurisprudence, or legal theory, is the theoretical study of the propriety of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and they also seek to achieve a deeper understanding of legal reasoning and analogy, legal systems, legal institutions, and the proper application of law, the economic analysis of law and the role of law in society. Modern jurisprudence began in the 18th century and it was based on the first principles of natural law, civil law, and the law of nations. General jurisprudence can be divided into categories both by the type of question scholars seek to answer and by the theories of jurisprudence, or schools of thought, regarding how those questions are best answered. Contemporary philosophy of law, which deals with general jurisprudence, addresses problems internal to law and legal systems and problems of law as a social institution that relates to the larger political and social context in which it exists.Shi ...
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Supreme Court Of The Philippines Cases
Supreme may refer to: Entertainment * Supreme (character), a comic book superhero * ''Supreme'' (film), a 2016 Telugu film * Supreme (producer), hip-hop record producer * "Supreme" (song), a 2000 song by Robbie Williams * The Supremes, Motown-era singer group * Supreme Pictures Corporation, 1930s film company Other * Supreme (brand), a clothing brand based in New York * Supreme (cookery), a term used in cookery * Supreme, Louisiana, a census-designated place in the United States * Supreme Soviet, the highest legislation body of Soviet Union, dissolved in 1991 * Oldsmobile Cutlass Supreme, car produced by Oldsmobile between 1966 and 1997 * Plaxton Supreme, British coach bodywork built in the late 1970s and early 1980s See also * Supreme Records (other), several record labels * Supremo (other) * Supreme court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include c ...
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Legal Doctrines And Principles
A legal doctrine is a framework, set of rules, procedural steps, or test, often established through precedent in the common law, through which judgments can be determined in a given legal case. A doctrine comes about when a judge makes a ruling where a process is outlined and applied, and allows for it to be equally applied to like cases. When enough judges make use of the process, it may become established as the ''de facto'' method of deciding like situations. Examples Examples of legal doctrines include: See also * Constitutionalism * Constitutional economics * Concept * Rule according to higher law * Legal fiction * Legal precedent * ''Ex aequo et bono'' References External links * *Pierre Schlag and Amy J. Griffin, "How to do Things with Legal Doctrine" (University of Chicago Press 2020) * Emerson H. Tiller and Frank B. Cross,What is Legal Doctrine?" ''Northwestern University Law Review The ''Northwestern University Law Review'' is a law review and student orga ...
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Gabriela Women's Party
The Gabriela Women's Party (General Assembly Binding Women for Integrity, Reform, Equality, Leadership and Action) or simply GABRIELA, is a progressive Filipino political party that advocates for women's issues and represents Filipino women in the House of Representatives. The party is separate, although allied, with GABRIELA National Alliance of Filipino Women. GABRIELA, the alliance, is a nationwide network of grassroots organizations, institutions, and programs that address social issues such as human rights, poverty, globalization, militarism, violence, rape culture, health, sex trafficking, censorship and other issues affecting women. The alliance has regional chapters in Metro Manila, Cordillera Administrative Region, and Mindanao; sub-regional chapters in Negros, Panay and Samar, and provincial chapters in Bicol and Cebu. GABRIELA's membership includes Filipino women from marginalized sectors of society and works towards their education and empowerment. The organization al ...
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Gender Bias
Sexism is prejudice or discrimination based on one's sex or gender. Sexism can affect anyone, but it primarily affects women and girls.There is a clear and broad consensus among academic scholars in multiple fields that sexism refers primarily to discrimination against women, and primarily affects women. See, for example: * Defines sexism as "prejudice, stereotyping, or discrimination, typically against women, on the basis of sex". * Defines sexism as "prejudice or discrimination based on sex or gender, especially against women and girls". Notes that "sexism in a society is most commonly applied against women and girls. It functions to maintain patriarchy, or male domination, through ideological and material practices of individuals, collectives, and institutions that oppress women and girls on the basis of sex or gender." * Notes that Sexism' refers to a historically and globally pervasive form of oppression against women." * Notes that "sexism usually refers to prejudice ...
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Reclusión Perpetua
(Spanish, from la, reclusio perpetua, lit=permanent imprisonment) is a type of sentence of imprisonment in the Philippines, Argentina, and several other Spanish-speaking countries. Laws by region Philippines In the Philippines, it is one of two severe penalties, the other being life imprisonment, implemented to replace the death penalty and is in legal parlance near-synonymous with life imprisonment. However, there are some important distinctions between the two terms: * Unlike life imprisonment, carries a maximum sentence of 40 years. * is prescribed on crimes punishable by the Revised Penal Code, while life imprisonment is imposed on offenses punishable by Special Laws. * carries the accessory penalty in which, as defined by Philippine Law, the prisoner is barred for life from holding political office. Life imprisonment does not carry this penalty. is the penalty handed down to inmates who have been convicted of capital crimes as well as what the Republic Act 7659 des ...
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Gang Rape
Gang rape, also called serial gang rape, group rape, or multiple perpetrator rape in scholarly literature,Ullman, S. E. (2013). 11 Multiple perpetrator rape victimization. Handbook on the Study of Multiple Perpetrator Rape: A Multidisciplinary Response to an International Problem, Miranda A.H Horvath, Jessica Woodhams (Editors), 4, Chapter 11; is the rape of a single victim by two or more violators (typically at least three).Neumann, Stephani. Gang Rape: Examining Peer Support and Alcohol in Fraternities. Sex Crimes and Paraphilia. Hickey, Eric W., 397-407 Gang rapes are forged on shared identity, religion, ethnic group, or race. There are multiple motives for serial gang rapes, such as for sexual entitlement, asserting sexual prowess, war, punishment, and, in up to 30% of cases, for targeting another race, ethnic group or religion. Gang rapes can be part of genocidal rape or ethnic cleansing campaigns. It may also be referred to as party rape. Gang rape in literature Hebr ...
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History Of The Philippines (900–1521)
Earliest hominin activity in the Philippine archipelago is dated back to at least 709,000 years ago. ''Homo luzonensis'', a species of archaic humans, was present on the island of Luzon at least 67,000 years ago. The earliest known anatomically modern human was from Tabon Caves in Palawan dating about 47,000 years. Negrito groups were the first inhabitants to settle in the prehistoric Philippines. By around 3000 BC, seafaring Austronesians, who form the majority of the current population, migrated southward from Taiwan. Scholars generally believe that these ethnic and social groups eventually developed into various settlements or polities with varying degrees of economic specialization, social stratification, and political organization. Some of these settlements (mostly those located on major river deltas) achieved such a scale of social complexity that some scholars believe they should be considered early states. This includes the predecessors of modern-day population centers ...
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Discrimination Against Women
Sexism is prejudice or discrimination based on one's sex or gender. Sexism can affect anyone, but it primarily affects women and girls.There is a clear and broad consensus among academic scholars in multiple fields that sexism refers primarily to discrimination against women, and primarily affects women. See, for example: * Defines sexism as "prejudice, stereotyping, or discrimination, typically against women, on the basis of sex". * Defines sexism as "prejudice or discrimination based on sex or gender, especially against women and girls". Notes that "sexism in a society is most commonly applied against women and girls. It functions to maintain patriarchy, or male domination, through ideological and material practices of individuals, collectives, and institutions that oppress women and girls on the basis of sex or gender." * Notes that Sexism' refers to a historically and globally pervasive form of oppression against women." * Notes that "sexism usually refers to prejudice ...
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Spanish Colonization In The Philippines
Spanish might refer to: * Items from or related to Spain: **Spaniards are a nation and ethnic group indigenous to Spain **Spanish language, spoken in Spain and many Latin American countries **Spanish cuisine Other places * Spanish, Ontario, Canada * Spanish River (other), the name of several rivers * Spanish Town, Jamaica Other uses * John J. Spanish (1922–2019), American politician * "Spanish" (song), a single by Craig David, 2003 See also * * * Español (other) * Spain (other) * España (other) * Espanola (other) * Hispania, the Roman and Greek name for the Iberian Peninsula * Hispanic, the people, nations, and cultures that have a historical link to Spain * Hispanic (other) * Hispanism * Spain (other) * National and regional identity in Spain * Culture of Spain The culture of ''Spain'' is based on a variety of historical influences, primarily based on the culture of ancient Rome, Spain being a prominent ...
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Noli Me Tángere (novel)
''Noli Me Tángere'' (Latin for "''Touch me not''") is an 1887 novel by Filipino writer and activist José Rizal published during the Spanish colonial period of the Philippines. It explores perceived inequities in law and practice in terms of the treatment by the ruling government and the Spanish Catholic friars of the resident peoples a hundred years ago. Originally written by Rizal in Spanish, the book has since been more commonly published and read in the Philippines in either Tagalog (the major indigenous language), or English. The Rizal Law requires ''Noli'' and its sequel, '' El filibusterismo'' to be read by all high school students throughout the country. ''Noli'' is studied in Grade 9 and in Grade 10. The two novels are widely considered to be the national epic of the Philippines. They have been adapted in many forms, such as operas, musicals, plays, and other forms of art. The title originates from the Biblical passage John 20:13-17. In Rizal's time it also refe ...
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