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Jurisprudence Of Interests
In European legal history and the philosophy of law, the jurisprudence of interests is a doctrine of legal positivism of the early 20th century, according to which a written law must be interpreted to reflect the interests it is to promote. The main proponents of the jurisprudence of interests were Philipp Heck, Rudolf Müller-Erzbach, Arthur F. Bentley and Roscoe Pound. The school of legal positivism passed through the phase of the jurisprudence of interests after the jurisprudence of concepts. In the jurisprudence of interests, one interprets a law essentially in terms of the purposes it is intended to accomplish. This doctrine is characterized by the idea of obedience to law, and subsumption as the resolution of conflicts of interests in the concrete and in the abstract, whereby the interests necessary to life in society, as materialized in that law, should prevail. It is therefore a distinctly teleological school. See also * Jurisprudence of values * Jurisprudence of conce ... [...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] |
Legal Positivism
Legal positivism (as understood in the Anglosphere) is a school of thought of analytical jurisprudence developed largely by legal philosophers during the 18th and 19th centuries, such as Jeremy Bentham and John Austin. While Bentham and Austin developed legal positivist theory, empiricism provided the theoretical basis for such developments to occur. The most prominent legal positivist writer in English has been H. L. A. Hart, who, in 1958, found common usages of "positivism" as applied to law to include the contentions that: * laws are commands of human beings; * there is not any necessary relation between law and morality, that is, between law as it is and as it ought to be; * analysis (or study of the meaning) of legal concepts is worthwhile and is to be distinguished from history or sociology of law, as well as from criticism or appraisal of law, for example with regard to its moral value or to its social aims or functions; * a legal system is a closed, logical system in which ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Statutory Interpretation
Statutory interpretation is the process by which courts interpret and apply legislation. Some amount of interpretation is often necessary when a case involves a statute. Sometimes the words of a statute have a plain and a straightforward meaning. But in many cases, there is some ambiguity in the words of the statute that must be resolved by the judge. To find the meanings of statutes, judges use various tools and methods of statutory interpretation, including traditional canons of statutory interpretation, legislative history, and purpose. In common law jurisdictions, the judiciary may apply rules of statutory interpretation both to legislation enacted by the legislature and to delegated legislation such as administrative agency regulations. History Statutory interpretation first became significant in common law systems, of which historically English law#Common law, England is the exemplar. In Roman and civil law, a statute (or code) guides the magistrate, but there is no jud ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Philipp Heck
Philipp Heck (22 July 1858 – 28 June 1943) was a German jurist and a leading proponent of the doctrine of jurisprudence of interests. After studies in Berlin, he taught law since 1891 at the University of Greifswald, since 1892 at the University of Halle and from 1901 until 1928 at the University of Tübingen. His work on judicial methodology was highly influential in helping to establish the doctrine of jurisprudence of interests, which he often polemically defended against the opposing schools of free law (''Freirechtslehre'') and the jurisprudence of concepts The jurisprudence of concepts was the first ''sub-school'' of legal positivism, according to which, the written law must reflect concepts, when interpreted.that means that the interpretation of the words stated in the law must be guided by the sc .... Under National Socialist rule, Heck attempted to gain favor with the regime by using his methodology to justify the application of Nazi racial legislation. References ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Arthur F
Arthur is a common male given name of Brythonic origin. Its popularity derives from it being the name of the legendary hero King Arthur. The etymology is disputed. It may derive from the Celtic ''Artos'' meaning “Bear”. Another theory, more widely believed, is that the name is derived from the Roman clan '' Artorius'' who lived in Roman Britain for centuries. A common spelling variant used in many Slavic, Romance, and Germanic languages is Artur. In Spanish and Italian it is Arturo. Etymology The earliest datable attestation of the name Arthur is in the early 9th century Welsh-Latin text ''Historia Brittonum'', where it refers to a circa 5th to 6th-century Briton general who fought against the invading Saxons, and who later gave rise to the famous King Arthur of medieval legend and literature. A possible earlier mention of the same man is to be found in the epic Welsh poem ''Y Gododdin'' by Aneirin, which some scholars assign to the late 6th century, though this is still a ma ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Roscoe Pound
Nathan Roscoe Pound (October 27, 1870 – June 30, 1964) was an American legal scholar and educator. He served as Dean of the University of Nebraska College of Law from 1903 to 1911 and Dean of Harvard Law School from 1916 to 1936. He was a member of Northwestern University, the University of Chicago Law School and the faculty at UCLA School of Law in the school's early years, from 1949 to 1952. ''The Journal of Legal Studies'' has identified Pound as one of the most cited legal scholars of the 20th century. Early life and education Pound was born in Lincoln, Nebraska to Stephen Bosworth Pound and Laura Pound. His sister was the noted linguist and folklorist, Louise Pound. Pound studied botany at the University of Nebraska in Lincoln, where he became a member of the Chi Phi Fraternity. He received his bachelor's degree in 1888 and his master's degree in 1889. In 1889 he began the study of law; he spent one year at Harvard but never received a law degree. Following his year at Ha ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jurisprudence Of Concepts
The jurisprudence of concepts was the first ''sub-school'' of legal positivism, according to which, the written law must reflect concepts, when interpreted.that means that the interpretation of the words stated in the law must be guided by the scientific concepts that these words represent. Its main representatives were Ihering, Savigny and Puchta. This school was, thus, the preceding trigger of the idea that law comes from a dogmatic source, imposition from man over man and not a ''natural'' consequence of other sciences or of metaphysical faith. Among the main characters of the ''jurisprudence of concepts'' are: * formalism, search of rights in written law * systemisation * search for justifying specific norm with basis from more generic ones. So, according to this school, law should have prevailing sources based upon the legislative process, although needing to be proven by more inclusive ideas of a social sense. See also * Jurisprudence of values * Jurisprudence of inte ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Minor Premise
A syllogism ( grc-gre, συλλογισμός, ''syllogismos'', 'conclusion, inference') is a kind of logical argument that applies deductive reasoning to arrive at a conclusion based on two propositions that are asserted or assumed to be true. In its earliest form (defined by Aristotle in his 350 BCE book ''Prior Analytics''), a syllogism arises when two true premises (propositions or statements) validly imply a conclusion, or the main point that the argument aims to get across. For example, knowing that all men are mortal (major premise) and that Socrates is a man (minor premise), we may validly conclude that Socrates is mortal. Syllogistic arguments are usually represented in a three-line form: All men are mortal. Socrates is a man. Therefore, Socrates is mortal.In antiquity, two rival syllogistic theories existed: Aristotelian syllogism and Stoic syllogism. From the Middle Ages onwards, ''categorical syllogism'' and ''syllogism'' were usually used interchangeably. This ar ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Concrete
Concrete is a composite material composed of fine and coarse aggregate bonded together with a fluid cement (cement paste) that hardens (cures) over time. Concrete is the second-most-used substance in the world after water, and is the most widely used building material. Its usage worldwide, ton for ton, is twice that of steel, wood, plastics, and aluminum combined. Globally, the ready-mix concrete industry, the largest segment of the concrete market, is projected to exceed $600 billion in revenue by 2025. This widespread use results in a number of environmental impacts. Most notably, the production process for cement produces large volumes of greenhouse gas emissions, leading to net 8% of global emissions. Other environmental concerns include widespread illegal sand mining, impacts on the surrounding environment such as increased surface runoff or urban heat island effect, and potential public health implications from toxic ingredients. Significant research and development is ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Abstract Object
In metaphysics, the distinction between abstract and concrete refers to a divide between two types of entities. Many philosophers hold that this difference has fundamental metaphysical significance. Examples of concrete objects include plants, human beings and planets while things like numbers, sets and propositions are abstract objects. There is no general consensus as to what the characteristic marks of concreteness and abstractness are. Popular suggestions include defining the distinction in terms of the difference between (1) existence inside or outside space-time, (2) having causes and effects or not, (3) having contingent or necessary existence, (4) being particular or universal and (5) belonging to either the physical or the mental realm or to neither. Despite this diversity of views, there is broad agreement concerning most objects as to whether they are abstract or concrete. So under most interpretations, all these views would agree that, for example, plants are concrete ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Society
A society is a group of individuals involved in persistent social interaction, or a large social group sharing the same spatial or social territory, typically subject to the same political authority and dominant cultural expectations. Societies are characterized by patterns of relationships (social relations) between individuals who share a distinctive culture and institutions; a given society may be described as the sum total of such relationships among its constituent of members. In the social sciences, a larger society often exhibits stratification or dominance patterns in subgroups. Societies construct patterns of behavior by deeming certain actions or concepts as acceptable or unacceptable. These patterns of behavior within a given society are known as societal norms. Societies, and their norms, undergo gradual and perpetual changes. Insofar as it is collaborative, a society can enable its members to benefit in ways that would otherwise be difficult on an individua ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
