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Legal moralism is the theory of jurisprudence and the philosophy of law which holds that laws may be used to prohibit or require behavior based on society's collective judgment of whether it is moral. It is often given as an alternative to legal liberalism, which holds that laws may only be used to the extent that they promote liberty. [1]
Ethics (also known as moral philosophy) is the branch of philosophy which addresses questions of morality. The word "ethics" is "commonly used interchangeably with 'morality' ... and sometimes it is used more narrowly to mean the moral principles of a particular tradition, group, or individual."
The rule according to higher law is a practical approach to the implementation of the higher law theory that creates a bridge of mutual understanding (with regard to universal legal values) between the English-language doctrine of the rule of law, traditional for the countries of common law, and the originally German doctrine of Rechtsstaat ...
Country Description Albania: Based on Napoleonic civil law. [9]Angola: Based on Portuguese civil law.: Argentina: The Spanish legal tradition had a great influence on the Civil Code of Argentina, basically a work of the Argentine jurist Dalmacio Vélez Sársfield, who dedicated five years of his life to this task.
The rules, promoted as in line with Islamic sharia law and to be enforced by the morality ministry, were based on a decree by the Taliban's supreme spiritual leader in 2022 and were now officially ...
In his widely discussed 1964 book The Morality of Law, Fuller argues that all systems of law contain an "internal morality" that imposes on individuals a presumptive obligation of obedience. [1] Robert S. Summers said in 1984: "Fuller was one of the four most important American legal theorists of the last hundred years". [a] [2]
At the opposite extreme a theocracy may equate public morality with religious instruction, and give both the equal force of law. Public morality often means regulation of sexual matters, including prostitution and homosexuality, but also matters of dress and nudity, pornography, acceptability in social terms of cohabitation before marriage, and ...
In law, there is a known exception to the assumption that moral culpability lies in either individual character or freely willed acts. The insanity defense – or its corollary, diminished responsibility (a sort of appeal to the fallacy of the single cause) – can be used to argue that the guilty deed was not the product of a guilty mind. [17]