Search results
Results From The WOW.Com Content Network
Like the natural law's right of revolution, this constitutional law of redress justified the people resisting the sovereign. This law of redress arose from a contract between the people and the king to preserve the public welfare. This original contract was "a central dogma in English and British constitutional law" since "time immemorial". [64]
The defining characteristics of libertarian legal theory are its insistence that the amount of governmental intervention should be kept to a minimum and the primary functions of law should be enforcement of contracts and social order, though social order is often seen as a desirable side effect of a free market rather than a philosophical ...
He took liberalism to its logical anarchic conclusion by rejecting all political institutions, law, government and apparatus of coercion as well as all political protest and insurrection. Instead of institutionalized justice, Godwin proposed that people influence one another to moral goodness through informal reasoned persuasion, including in ...
In the period of the eighteenth century, usually called the Enlightenment, a new justification of the European state developed.Jean-Jacques Rousseau's social contract theory states that governments draw their power from the governed, its 'sovereign' people (usually a certain ethnic group, and the state's limits are legitimated theoretically as that people's lands, although that is often not ...
Law is incurably "indeterminate". A belief in the instrumental nature of the law. Like Dewey and Pound, the realists believed that law does and should serve social ends. Judges take account of considerations of fairness and public policy, and they are right to do so. [15] A desire to separate legal from moral elements in the law. The realists ...
Sociologist Émile Durkheim also explored social control in the work The Division of Labour in Society, discussing the paradox of deviance and arguing that social control is what makes us abide by laws in the first place. [9] The term "social control" was first introduced to sociology by Albion Woodbury Small and George Edgar Vincent in 1894.
Regarding inequality of wealth, Mill believed that it was the role of the government to establish both social and economic policies that promote the equality of opportunity. The government, according to Mill, should implement three tax policies to help alleviate poverty: [118] fairly assessed income tax; an inheritance tax; and
Economic conditions improved after 1821 and the United Kingdom government made economic and criminal law improvements, abandoning policies of repression. In 1823, Jeremy Bentham co-founded the Westminster Review with James Mill as a journal for "philosophical radicals", setting out the utilitarian philosophy that right actions were to be ...