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' jurisprudence some time in 1960 following the '' ...
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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. For example, 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 * ''Cogitationis poenam nemo patitur'' * ''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 ...
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Jurisprudence
Jurisprudence, also known as theory of law or philosophy of law, is the examination in a general perspective of what law is and what it ought to be. It investigates issues such as the definition of law; legal validity; legal norms and values; and the relationship between law and other fields of study, including Law and economics, economics, Applied ethics, ethics, Legal history, history, Sociology of law, sociology, and political philosophy. Modern jurisprudence began in the 18th century and was based on the first principles of natural law, Civil law (legal system), civil law, and the law of nations. Contemporary philosophy of law 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. 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 ...
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Supreme Court Of The Philippines Cases
Supreme may refer to: Entertainment * Supreme (character), a comic book superhero created by Rob Liefeld * ''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 In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appea ...
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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. For example, 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 * '' Cogitationis poenam nemo patitur'' * ''Ex aequo et bono ''Ex aequo et bono'' (Latin for "according to the right and good" or "from equity and conscience") is a Latin phrase that is used as a legal term of art. In the context of arbitration, it refers to the power of arbitrators to dispense with appli ...'' Reference ...
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Gabriela Women's Party
The Gabriela Women's Party (General Assembly Binding Women for Reform, Integrity, 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 or ...
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Gender Bias
Gender bias is the tendency to prefer one gender over another. It is a form of unconscious bias, or implicit bias, which occurs when one individual unconsciously attributes certain attitudes and stereotypes to another person or group of people. Distinctions from sexism Gender bias and sexism are related but distinct concepts. Sexism is prejudice or discrimination based on sex, often favoring one sex over another. Gender bias is a broader term referring to any bias based on gender. It can affect anyone, including men, women, and those who don't conform to traditional gender norms. While sexism often involves overt discrimination, gender bias can be subtle and unconscious, manifesting as stereotypes, preferences, and unequal treatment. The surgeon riddle A father and son are in a horrible car crash that kills the dad. The son is rushed to the hospital; just as he's about to go under the knife, the surgeon says, "I can’t operate—that boy is my son!" When faced ...
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Reclusión Perpetua
( Spanish, from ) 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 for 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 convicted of a capital crime (in which case they will be ineligible for parole) as well as what the Republic Act 7659 designate ...
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Gang Rape
In scholarly literature and criminology, gang rape, also called serial gang rape, party rape, group rape, or multiple perpetrator rape,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.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 racial minorities, religious minorities, or ethnic groups. Gang rapes can be part of genocidal rape or ethnic cleansing campaigns. Gang rape in literature Hebrew Bible The He ...
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History Of The Philippines (900–1521)
The history of the Philippines dates from the earliest hominin activity in the archipelago at least by 709,000 years ago. '' Homo luzonensis'', a species of archaic humans, was present on the island of Luzon at least by 134,000 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. These were followed by Austroasiatics, Papuans, and South Asians. By around 3000 BCE, seafaring Austronesians, who form the majority of the current population, migrated southward from Taiwan. By 2000 BCE the archipelago was the crux of a trans-oceanic Philippine jade culture. 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 ri ...
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Discrimination Against Women
A woman is an adult female human. Before adulthood, a female child or adolescent is referred to as a girl. Typically, women are of the female sex and inherit a pair of X chromosomes, one from each parent, and women with functional uteruses are capable of pregnancy and giving birth from puberty until menopause. More generally, sex differentiation of the female fetus is governed by the lack of a present, or functioning, ''SRY'' gene on either one of the respective sex chromosomes. Female anatomy is distinguished from male anatomy by the female reproductive system, which includes the ovaries, fallopian tubes, uterus, vagina, and vulva. An adult woman generally has a wider pelvis, broader hips, and larger breasts than an adult man. These characteristics facilitate childbirth and breastfeeding. Women typically have less facial and other body hair, have a higher body fat composition, and are on average shorter and less muscular than men. Throughout human history, traditional gen ...
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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 countries in the Americas **Spanish cuisine **Spanish history **Spanish culture **Languages of Spain, the various languages in Spain 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 influenced by its Western w ...
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Noli Me Tángere (novel)
''Noli Me Tángere'' (Latin for "Touch Me Not") is a novel by Filipino writer and activist José Rizal and was published during the Spanish colonial period of the Philippines. It explores inequities in law and practice in terms of the treatment by the ruling government and the Spanish Catholic friars of the resident peoples in the late 19th century. 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'', published in 1887, and its 1891 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 Ri ...
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