|
Voluntariness
In law and philosophy, voluntariness is a choice being made of a person's free will, as opposed to being made as the result of coercion or duress. Philosophies such as libertarianism and voluntaryism, as well as many legal systems, hold that a contract must be voluntarily agreed to by a party in order to be binding on that party. The social contract rests on the concept of the voluntary consent of the governed. The Federal Rules of Criminal Procedure provide that "Before accepting a plea of guilty or nolo contendere, the court must address the defendant personally in open court and determine that the plea is voluntary and did not result from force, threats, or promises (other than promises in a plea agreement)." The actual voluntariness is suspect, in that it is common for prosecutors to threaten to seek more prison time unless the defendant agrees to plead guilty. For this reason, common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Philosophy
Philosophy (from , ) is the systematized study of general and fundamental questions, such as those about existence, reason, knowledge, values, mind, and language. Such questions are often posed as problems to be studied or resolved. Some sources claim the term was coined by Pythagoras ( BCE), although this theory is disputed by some. Philosophical methods include questioning, critical discussion, rational argument, and systematic presentation. in . Historically, ''philosophy'' encompassed all bodies of knowledge and a practitioner was known as a ''philosopher''."The English word "philosophy" is first attested to , meaning "knowledge, body of knowledge." "natural philosophy," which began as a discipline in ancient India and Ancient Greece, encompasses astronomy, medicine, and physics. For example, Newton's 1687 ''Mathematical Principles of Natural Philosophy'' later became classified as a book of physics. In the 19th century, the growth of modern research universiti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Free Will
Free will is the capacity of agents to choose between different possible courses of action unimpeded. Free will is closely linked to the concepts of moral responsibility, praise, culpability, sin, and other judgements which apply only to actions that are freely chosen. It is also connected with the concepts of advice, persuasion, deliberation, and prohibition. Traditionally, only actions that are freely willed are seen as deserving credit or blame. Whether free will exists, what it is and the implications of whether it exists or not are some of the longest running debates of philosophy and religion. Some conceive of free will as the right to act outside of external influences or wishes. Some conceive free will to be the capacity to make choices undetermined by past events. Determinism suggests that only one course of events is possible, which is inconsistent with a libertarian model of free will. Ancient Greek philosophy identified this issue, which remains a major focus o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Coercion
Coercion () is compelling a party to act in an involuntary manner by the use of threats, including threats to use force against a party. It involves a set of forceful actions which violate the free will of an individual in order to induce a desired response. These actions may include extortion, blackmail, or even torture and sexual assault. For example, a bully may demand lunch money from a student where refusal results in the student getting beaten. In common law systems, the act of violating a law while under coercion is codified as a duress crime. Coercion can be used as leverage to force the victim to act in a way contrary to their own interests. Coercion can involve not only the infliction of bodily harm, but also psychological abuse (the latter intended to enhance the perceived credibility of the threat). The threat of further harm may also lead to the acquiescence of the person being coerced. The concepts of coercion and persuasion are similar, but various factors ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Duress
Coercion () is compelling a party to act in an involuntary manner by the use of threats, including threats to use force against a party. It involves a set of forceful actions which violate the free will of an individual in order to induce a desired response. These actions may include extortion, blackmail, or even torture and sexual assault. For example, a bully may demand lunch money from a student where refusal results in the student getting beaten. In common law systems, the act of violating a law while under coercion is codified as a duress crime. Coercion can be used as leverage to force the victim to act in a way contrary to their own interests. Coercion can involve not only the infliction of bodily harm, but also psychological abuse (the latter intended to enhance the perceived credibility of the threat). The threat of further harm may also lead to the acquiescence of the person being coerced. The concepts of coercion and persuasion are similar, but various factors dist ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Libertarianism
Libertarianism (from french: libertaire, "libertarian"; from la, libertas, "freedom") is a political philosophy that upholds liberty as a core value. Libertarians seek to maximize autonomy and political freedom, and minimize the state's encroachment on and violations of individual liberties; emphasizing the rule of law, pluralism, cosmopolitanism, cooperation, civil and political rights, bodily autonomy, free association, free trade, freedom of expression, freedom of choice, freedom of movement, individualism and voluntary association. Libertarians are often skeptical of or opposed to authority, state power, warfare, militarism and nationalism, but some libertarians diverge on the scope of their opposition to existing economic and political systems. Various schools of Libertarian thought offer a range of views regarding the legitimate functions of state and private power, often calling for the restriction or dissolution of coercive social institutions. Different categori ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Social Contract
In moral and political philosophy Political philosophy or political theory is the philosophical study of government, addressing questions about the nature, scope, and legitimacy of public agents and institutions and the relationships between them. Its topics include politics, ..., the social contract is a theory or model that originated during the Age of Enlightenment and usually, although not always, concerns the Legitimacy (political), legitimacy of the authority of the State (polity), state over the individual. Social contract arguments typically are that individuals have consent of the governed, consented, either explicitly or tacit consent, tacitly, to surrender some of their freedoms and submit to the authority (of the ruler, or to the decision of a majority) in exchange for protection of their remaining rights or maintenance of the social order. The relation between natural and legal rights is often a topic of social contract theory. The term takes its name from ' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Consent Of The Governed
In political philosophy, the phrase consent of the governed refers to the idea that a government's legitimacy and moral right to use state power is justified and lawful only when consented to by the people or society over which that political power is exercised. This theory of consent is historically contrasted to the divine right of kings and had often been invoked against the legitimacy of colonialism. Article 21 of the United Nations' 1948 Universal Declaration of Human Rights states that "The will of the people shall be the basis of the authority of government". History Perhaps the earliest utterance of consent of the governed appears in the writings of Scottish Catholic priest and Franciscan friar Duns Scotus, who proposed this in his work ''Ordinatio'' in the 1290s. Scotus's lengthy writing in theology have largely overshadowed this notable contribution that he made to early political theory. It is believed these writings influenced Declaration of Arbroath in 1320 In hi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Rules Of Criminal Procedure
The Federal Rules of Criminal Procedure are the procedural rules that govern how federal criminal prosecutions are conducted in United States district courts and the general trial courts of the U.S. government. They are the companion to the Federal Rules of Civil Procedure. The admissibility and use of evidence in criminal proceedings (as well as civil) is governed by the separate Federal Rules of Evidence. Drafting and enactment The rules are promulgated by the Supreme Court of the United States, pursuant to its statutory authority under the Rules Enabling Act. The Supreme Court must transmit a copy of its rules to the United States Congress no later than May 1 of the year in which they are to go into effect, and the new rule can then become effective no earlier than December 1 of that year. Congress retains the power to reject the Court's proposed rules or amendments, to modify them, or to enact rules or amendments itself. Congress has rarely rejected the Court's proposed am ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nolo Contendere
' is a legal term that comes from the Latin phrase for "I do not wish to contend". It is also referred to as a plea of no contest or no defense. In criminal trials in certain United States jurisdictions, it is a plea where the defendant neither admits nor disputes a charge, serving as an alternative to a pleading of guilty or not guilty. A no-contest plea, while not technically a guilty plea, typically has the same immediate effect as a guilty plea and is often offered as a part of a plea bargain. In many jurisdictions, a plea of ' is not a typical right and carries various restrictions on its use. United States In the United States, state law determines whether, and under what circumstances, a defendant may plead no contest in state criminal cases. In federal court, the Federal Rules of Criminal Procedure only allow a ' plea to be entered with the court's consent; before accepting the plea, the court is required to "consider the parties' views and the public interest in the e ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
.png "Click for more on -> Common Law")