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Nulla Poena Sine Lege
''Nulla poena sine lege'' (Latin for "no penalty without law", Anglicized pronunciation: ) is a legal principle which states that one cannot be punished for doing something that is not prohibited by law. This principle is accepted and codified in modern democratic states as a basic requirement of the rule of law. It has been described as "one of the most 'widely held value-judgement in the entire history of human thought. Requirements In modern European criminal law, e.g. of the Constitutional Court of Germany, the principle of ''nulla poena sine lege'' has been found to consist of four separate requirements: ;''Nulla poena sine lege praevia'': There is to be no penalty without ''previous'' law. This prohibits ex post facto laws, and the retroactive application of criminal law. It is a basic maxim in mainland European legal thinking. It was written by Paul Johann Anselm Ritter von Feuerbach as part of the Bavarian Criminal Code in 1813. ;''Nulla poena sine lege scripta'': There ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Latin Language
Latin (, or , ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the Roman Republic it became the dominant language in the Italy (geographical region), Italian region and subsequently throughout the Roman Empire. Even after the Fall of the Western Roman Empire, fall of Western Rome, Latin remained the common language of international communication, science, scholarship and academia in Europe until well into the 18th century, when other regional vernaculars (including its own descendants, the Romance languages) supplanted it in common academic and political usage, and it eventually became a dead language in the modern linguistic definition. Latin is a fusional language, highly inflected language, with three distinct grammatical gender, genders (masculine, feminine, and neuter), six or seven ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Law (legal System)
Civil law is a legal system originating in mainland Europe and adopted in much of the world. The civil law system is intellectualized within the framework of Roman law, and with core principles codified into a referable system, which serves as the primary source of law. The civil law system is often contrasted with the common law system, which originated in medieval England. Whereas the civil law takes the form of legal codes, the law in common law systems historically came from uncodified case law that arose as a result of judicial decisions, recognising prior court decisions as legally-binding precedent. Historically, a civil law is the group of legal ideas and systems ultimately derived from the ''Corpus Juris Civilis'', but heavily overlain by Napoleonic, Germanic, canonical, feudal, and local practices, as well as doctrinal strains such as natural law, codification, and legal positivism. Conceptually, civil law proceeds from abstractions, formulates general principles, and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Natural Law
Natural law ( la, ius naturale, ''lex naturalis'') is a system of law based on a close observation of human nature, and based on values intrinsic to human nature that can be deduced and applied independently of positive law (the express enacted laws of a state or society). According to natural law theory (called jusnaturalism), all people have inherent rights, conferred not by act of legislation but by "God, nature, or reason." Natural law theory can also refer to "theories of ethics, theories of politics, theories of civil law, and theories of religious morality." In the Western tradition, it was anticipated by the pre-Socratics, for example in their search for principles that governed the cosmos and human beings. The concept of natural law was documented in ancient Greek philosophy, including Aristotle, and was referred to in ancient Roman philosophy by Cicero. References to it are also to be found in the Old and New Testaments of the Bible, and were later expou ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Oresteia
The ''Oresteia'' ( grc, Ὀρέστεια) is a trilogy of Greek tragedies written by Aeschylus in the 5th century BCE, concerning the murder of Agamemnon by Clytemnestra, the murder of Clytemnestra by Orestes, the trial of Orestes, the end of the curse on the House of Atreus and the pacification of the Erinyes. The trilogy—consisting of ''Agamemnon'' (), '' The Libation Bearers'' (), and ''The Eumenides'' ()—also shows how the Greek gods interacted with the characters and influenced their decisions pertaining to events and disputes. The only extant example of an ancient Greek theatre trilogy, the ''Oresteia'' won first prize at the Dionysia festival in 458 BCE. The principal themes of the trilogy include the contrast between revenge and justice, as well as the transition from personal vendetta to organized litigation. ''Oresteia'' originally included a satyr play, ''Proteus'' (), following the tragic trilogy, but all except a single line of ''Proteus'' has been lost. ''Agame ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Synderesis
Synderesis () or synteresis, in scholastic moral philosophy, is the natural ''capacity'' or disposition (habitus) of the ''practical reason'' to apprehend intuitively the universal ''first principles'' of human ''action''. Reason is a single faculty, but is called differently according to the end that it assigns to its search for truth; when its goal is the mere consideration (contemplation) of truth, it is called ''speculative reason''; when it considers truth in view of action (praxis), it is called ''practical reason''. In both cases reason uses demonstration (syllogism 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. ...) as its tool; it proceeds from the understanding of previously known truths (premises) to the statement of a proposition (logical consequence, conclusion) whose ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Conscience
Conscience is a cognitive process that elicits emotion and rational associations based on an individual's moral philosophy or value system. Conscience stands in contrast to elicited emotion or thought due to associations based on immediate sensory perceptions and reflexive responses, as in sympathetic central nervous system responses. In common terms, conscience is often described as leading to feelings of remorse when a person commits an act that conflicts with their moral values. The extent to which conscience informs moral judgment before an action and whether such moral judgments are or should be based on reason has occasioned debate through much of modern history between theories of basics in ethic of human life in juxtaposition to the theories of romanticism and other reactionary movements after the end of the Middle Ages. Religious views of conscience usually see it as linked to a morality inherent in all humans, to a beneficent universe and/or to divinity. The diverse ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Francisco Suárez
Francisco Suárez, (5 January 1548 – 25 September 1617) was a Spanish Jesuit priest, philosopher and theologian, one of the leading figures of the School of Salamanca movement, and generally regarded among the greatest scholastics after Thomas Aquinas. His work is considered a turning point in the history of second scholasticism, marking the transition from its Renaissance to its Baroque phases. According to Christopher Shields and Daniel Schwartz, "figures as distinct from one another in place, time, and philosophical orientation as Leibniz, Grotius, Pufendorf, Schopenhauer and Heidegger, all found reason to cite him as a source of inspiration and influence." Life and career Francisco Suárez, who had Jewish ( converso) ancestry, was born in Granada, Andalusia (southern Spain), on 5 January 1548. After 3 years of preliminary studies from age 10 onwards, in 1561 Suárez matriculated at the University of Salamanca, and studied law. In 1564, at age sixteen, Suárez entered the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Thomas Aquinas
Thomas Aquinas, OP (; it, Tommaso d'Aquino, lit=Thomas of Aquino; 1225 – 7 March 1274) was an Italian Dominican friar and priest who was an influential philosopher, theologian and jurist in the tradition of scholasticism; he is known within the tradition as the , the , and the . The name ''Aquinas'' identifies his ancestral origins in the county of Aquino in present-day Lazio, Italy. Among other things, he was a prominent proponent of natural theology and the father of a school of thought (encompassing both theology and philosophy) known as Thomism. He argued that God is the source of both the light of natural reason and the light of faith. He has been described as "the most influential thinker of the medieval period" and "the greatest of the medieval philosopher-theologians". His influence on Western thought is considerable, and much of modern philosophy is derived from his ideas, particularly in the areas of ethics, natural law, metaphysics, and political theory. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jerome
Jerome (; la, Eusebius Sophronius Hieronymus; grc-gre, Εὐσέβιος Σωφρόνιος Ἱερώνυμος; – 30 September 420), also known as Jerome of Stridon, was a Christian presbyter, priest, Confessor of the Faith, confessor, theologian, and historian; he is commonly known as Saint Jerome. Jerome was born at Stridon, a village near Emona on the border of Dalmatia (Roman province), Dalmatia and Pannonia. He is best known for his translation of the Bible into Latin (the translation that became known as the Vulgate) and his commentaries on the whole Bible. Jerome attempted to create a translation of the Old Testament based on a Hebrew version, rather than the Septuagint, as Vetus Latina, Latin Bible translations used to be performed before him. His list of writings is extensive, and beside his biblical works, he wrote polemical and historical essays, always from a theologian's perspective. Jerome was known for his teachings on Christian moral life, especially to th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ezekiel
Ezekiel (; he, יְחֶזְקֵאל ''Yəḥezqēʾl'' ; in the Septuagint written in grc-koi, Ἰεζεκιήλ ) is the central protagonist of the Book of Ezekiel in the Hebrew Bible. In Judaism, Christianity, and Islam, Ezekiel is acknowledged as a Hebrew prophet. In Judaism and Christianity, he is also viewed as the 6th-century BCE author of the Book of Ezekiel, which reveals prophecies regarding the destruction of Jerusalem, and the restoration to the land of Israel. The name Ezekiel means "God is strong" or "God strengthens". In the Bible The author of the Book of Ezekiel presents himself as Ezekiel, the son of Buzi, born into a priestly (kohen) lineage. Apart from identifying himself, the author gives a date for the first divine encounter which he presents: "in the thirtieth year". Ezekiel describes his calling to be a prophet by going into great detail about his encounter with God and four "living creatures" with four wheels that stayed beside the creatures. Liv ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Scholasticism
Scholasticism was a medieval school of philosophy that employed a critical organic method of philosophical analysis predicated upon the Aristotelian 10 Categories. Christian scholasticism emerged within the monastic schools that translated scholastic Judeo—Islamic philosophies, and thereby "rediscovered" the collected works of Aristotle. Endeavoring to harmonize his metaphysics and its account of a prime mover with the Latin Catholic dogmatic trinitarian theology, these monastic schools became the basis of the earliest European medieval universities, and scholasticism dominated education in Europe from about 1100 to 1700. The rise of scholasticism was closely associated with these schools that flourished in Italy, France, Portugal, Spain and England. Scholasticism is a method of learning more than a philosophy or a theology, since it places a strong emphasis on dialectical reasoning to extend knowledge by inference and to resolve contradictions. Scholastic thought is ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Homicide Act 1957
The Homicide Act 1957 (5 & 6 Eliz.2 c.11) is an Act of the Parliament of the United Kingdom. It was enacted as a partial reform of the common law offence of murder in English law by abolishing the doctrine of constructive malice (except in limited circumstances), reforming the partial defence of provocation, and by introducing the partial defences of diminished responsibility and suicide pact. It restricted the use of the death penalty for murder. Similar provisions to Part I of this Act was enacted for Northern Ireland by Part II of the Criminal Justice Act (Northern Ireland) 1966. History The Act was introduced following the Royal Commission on Capital Punishment 1949–53, and embodied some of its recommendations but differed from the main recommendation which was that "it is impracticable to find a satisfactory method of limiting the scope of capital punishment by dividing murder into degrees". During and after the royal commission there had been several controversial ca ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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