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Virtue jurisprudence is the view that the laws should promote the development of virtuous character in citizens. Historically, this approach has been mainly associated with Aristotle or Thomas Aquinas. Contemporary virtue jurisprudence is inspired by philosophical work on virtue ethics.
To establish a test for valid law in the applicable legal system; To confer validity to everything else in the applicable legal system; To unify the laws in the applicable legal system [3] The validity of a legal system is independent from its efficacy. A completely ineffective rule may be a valid one - as long as it emanates from the rule of ...
In law, a test is a commonly applied method of evaluation used to resolve matters of jurisprudence. [1] In the context of a trial , a hearing , discovery , or other kinds of legal proceedings , the resolution of certain questions of fact or law may hinge on the application of one or more legal tests.
Substantive due process is a principle in United States constitutional law that allows courts to establish and protect substantive laws and certain fundamental rights from government interference, even if they are unenumerated elsewhere in the U.S. Constitution.
Rather, if the statute is silent or ambiguous with respect to the specific issue, the question for the court is whether the agency's answer is based on a permissible construction of the statute. [9] Chevron treats Congressional silence or ambiguity in a statute as an implicit delegation of authority to the agency entrusted to implement the ...
The but-for test is factual causation and often gives us the right answer to causal problems, but sometimes not. Two difficulties are immediately obvious. The first is that under the but-for test, almost anything is a cause. But for a tortfeasor's grandmother's birth, the relevant tortious conduct would not have occurred.
Some members of the critical legal studies movement — primarily legal academics in the United States — argued that the answer to this question is "no." Another way to state this position is to suggest that disputes cannot be resolved with clear answers, and thus there is at least some amount of uncertainty in legal reasoning and its ...
In the law, the totality of the circumstances test refers to a method of analysis where decisions are based on all available information rather than bright-line rules. [1] Under the totality of the circumstances test, courts focus "on all the circumstances of a particular case, rather than any one factor". [ 2 ]