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Philosophically, guilt in criminal law reflects a functioning society and its ability to condemn individuals' actions. It rests fundamentally on a presumption of free will, such as from a compatibilist perspective (as in the U.S.A.), in which individuals choose actions and are, therefore, subjected to the external judgement of the rightness or wrongness of those actions.
Judicial power is never exercised for the purpose of giving effect to the will of the judge, always for the purpose of giving effect to the will of the legislature; or, in other words, to the will of the law. [1] Concerns with regard to recidivism and other law and order issues have led to the introduction of mandatory sentencing. E.g.
Many laws create a paradox by placing the burden of proof of good moral character on the applicant while such a proof, but not the law, necessitates that the evaluators assess the beliefs and values of the applicant. [12] Good moral character is the opposite of moral turpitude, another legal concept in the United States used in similar instances.
Accordingly, an individual is consistent if he does not contradict himself. It is inadequate as a criterion because it treats facts in an isolated fashion without true cohesion and integration; nevertheless it remains a necessary condition for the truth of any argument, owing to the law of noncontradiction. The value of a proof largely lies in ...
The law is full of vague terms whose application to facts is typically arguable: "due process," "probable cause," "reasonable doubt," "good cause" and countless others.
Sincerity is the virtue of one who communicates and acts in accordance with the entirety of their feelings, beliefs, thoughts, and desires in a manner that is honest ...
Statutory interpretation first became significant in common law systems, of which historically England is the exemplar. In Roman and civil law, a statute (or code) guides the magistrate, but there is no judicial precedent.
In the context of a legal trial, a judgement is a final finding, statement or ruling, based on evidence, rules and precedents, called adjudication (see judgement (law)). In the context of psychology , judgment informally references the quality of a person's cognitive faculties and adjudicational capabilities, typically called wisdom .