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In international law, the principle is known as the Lotus principle, after a collision of the S.S. Lotus in international waters. The Lotus case of 1926–1927 established the freedom of sovereign states to act as they wished, unless they chose to bind themselves by a voluntary agreement or there was an explicit restriction in international law ...
Violating the perceived intention of the law has been found to affect people's judgments of culpability above and beyond violations of the letter of the law such that (1) a person can violate the letter of the law (but not the spirit) and not incur culpability, (2) a person can violate the spirit of the law and incur culpability, even without ...
In The Concept of Law, H. L. A. Hart argued that law is a "system of rules"; [35] John Austin said law was "the command of a sovereign, backed by the threat of a sanction"; [36] Ronald Dworkin describes law as an "interpretive concept" to achieve justice in his text titled Law's Empire; [37] and Joseph Raz argues law is an "authority" to ...
There are conflicting accounts of who first noted the phrase. According to Respectfully Quoted: A Dictionary of Quotations, it is attributable to William Ewart Gladstone; [2] [3] however, while Gladstone did mention the phrase during a House of Commons debate on 16 March 1868, [4] earlier occurrences of the phrase exist.
The ancient concept of rule of law can be distinguished from rule by law, according to political science professor Li Shuguang: "The difference ... is that, under the rule of law, the law is preeminent and can serve as a check against the abuse of power. Under rule by law, the law is a mere tool for a government, that suppresses in a legalistic ...
The idea of a law of ultimate justice over and above the momentary law of the state—a higher law—was first introduced into post-Roman Europe by the Catholic canon law jurists. [3] "Higher law" can be interpreted in this context as the divine or natural law or basic legal values, established in the international law—the choice depending on ...
The Common Law is a book written by Oliver Wendell Holmes Jr. in 1881, [1] 21 years before Holmes became an Associate Justice of the Supreme Court of the United States. The book is about common law in the United States, including torts, property, contracts, and crime. It is written as a series of lectures.
Cicero then delivers an exposition on the wellspring [clarification needed] of the law, which is the main topic of book one. Cicero argues that law is not a matter of written statutes or lists of regulations, but was deeply ingrained in the human spirit, being an integral part of the human experience (a concept now known as natural law ).