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Originating in the legal profession, argument in the alternative is a strategy in which a lawyer advances several competing (and possibly mutually exclusive) arguments in order to pre-empt objections by his adversary, with the goal of showing that regardless of interpretation there is no reasonable conclusion other than the advocate's. [1]
Frankfurt's examples are significant because they suggest an alternative way to defend the compatibility of moral responsibility and determinism, in particular by rejecting the first premise of the argument. According to this view, responsibility is compatible with determinism because responsibility does not require the freedom to do otherwise.
The sociology of law, legal sociology, or law and society, is often described as a sub-discipline of sociology or an interdisciplinary approach within legal studies. [1] Some see sociology of law as belonging "necessarily" to the field of sociology, [ 2 ] but others tend to consider it a field of research caught up between the disciplines of ...
Alternative" dispute resolution is usually considered to be alternative to litigation. For example, corporate dispute resolution can involve a customer service department handling disputes about its own products; addressing concerns between consumers and independent, third-party sellers; and participating in a reputation-based enforcement ...
In legal anthropology and sociology, following research that noted that much social interaction is determined by rules outside of the law and that several such "legal orders" could exist in one country, John Griffiths, made a strong argument for the study of these social systems of rules and how they interact with the law itself, which came to ...
Conversely, if the prosecutor puts forth alternative facts which are inconsistent with each other, the inconsistency may present confusion to the jury during deliberation of the verdict in term of the requirements of being unanimous. For example, the Constitution of Oregon requires that the guilty verdict of a first-degree murder must be unanimous.
Considered "the first movement in legal theory and legal scholarship in the United States to have espoused a committed Left political stance and perspective," [1] critical legal studies was committed to shaping society based on a vision of human personality devoid of the hidden interests and class domination that CLS scholars argued are at the root of liberal legal institutions in the West. [4]
It was the first modern Western legal system [4] and is the oldest continuously functioning legal system in the West. [5] [6] Its principles of civil rights, equality before the law, equality of women, procedural justice, and democracy as the ideal form of society formed the basis of modern Western culture. [citation needed]