DO NOT USE! This tag is in the processmof being split between theory-of-law, lines-of-case-law, legal-doctrine, and case-law.
Questions tagged [jurisprudence]
40 questions
14
votes
4 answers
In the US are jurors actually judging guilt?
Is it true that in US law jurors are not actually judging guilt, but rather whether the case against a person has been made in accordance with the concepts of all reasonable doubt? This meaning that US laws allows the possibility for an innocent…
Neil Meyer
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9
votes
8 answers
Are there any non-conventional sources of law?
The usual sources of law are specific laws created through a legislature and the executive, but are there any sources of law that aren't dependent on an organization or polity?
For example, something like customary law, but broader.
user49663
8
votes
3 answers
Is there a term for using law as the basis of morality?
Legal moralism is when a society creates laws based on the prevailing morality of that society. Stuff like "we think green houses are immoral, so we made a law to ban green houses".
Is there a term for the opposite influence? As in "if Y is legal, I…
Nzall
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8
votes
3 answers
US jurisdictions
I've recently entered a rabbit hole of videos mocking sovereign citizens. One of the most common arguments they use is to contest jurisdiction, they claim that the US Constitution gives two types of jurisdiction, common law civil jurisdiction and…
Matt Bartlett
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7
votes
4 answers
What is Jurisprudence?
I am a Law Student in Greece trying to understand what Law is a what Jurisprudence is and what the jurisprudential method of thinking is.
What is Jurisprudence; what is its object of study, what are we analysing?
Many people say that Jurisprudence…
George Ntoulos
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5
votes
1 answer
What does "cause" mean in this law?
A bill was introduced in the Iowa legislature which gives an instruction to the Board of Regents (which governs seven specific institutions). Relevant background information is that people registered to vote in Iowa can register "no party", or else…
user6726
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4
votes
5 answers
Trying to get sued?
Are there any situations in which some party would seek to be sued?
The thought came up while I was looking at some law related to copyright and public domain where it was noted that some parts were unclear due to the lack of precedent. If that lack…
BCS
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4
votes
2 answers
Is there liability for pure accidents?
I am trying to determine the principled limits, if any, on when a person may be held financially liable for damage to another ("the victim"). I'm specifically interested in the case when damage is not reasonably foreseeable, and the person's mental…
user6726
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4
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1 answer
What books do you use to study general jurisprudence in US?
I'm a russian law student. I want to have a look on your ways of studying general jurisprudence. I mean the discipline, that includes topics on what law, rights and state are, their genesis, laws of their functioning, the stracture of law, norms…
wejjdhiii
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3
votes
3 answers
Does Shari'a law permit execution of apostates?
According to this source:
According to Islamic law apostasy is punishable by death, imprisonment or confiscation of property and blasphemy is punishable by death. Conversion from Islam to another faith is also considered as a serious offence under…
user49663
3
votes
3 answers
Does acceptance of communication with identifying characteristics originating from a disputed territory imply recognition of that territory?
To give an example:
One of the more well known currently disputed territories is Crimea. As telecommunication services, and users of such, do continue to operate from that territory under the aegis of a Russian persona, (like a Crimean based website…
M. Y. Zuo
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2
votes
1 answer
Is a parliamentary act fundamentally a codification of principles which have been arrived at by the judicial evolution of the common law?
A recent answer states:
What common law jurisdictions do is codify the common law on a given topic. That is, they write a big Bill that collects all of the disparate statutes and case law together and repeals or abolishes the other statutes or case…
TylerDurden
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2
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1 answer
Does the concept of presidential pardon have a justification in terms of separation between the executive and the judiciary? (France)
First of all, I have no experience in Law, I was just "philosophically" interested by a question related to it. I hope it is not off topic.
The French President François Hollande is considering granting apresidential pardon to some French woman. My…
MoebiusCorzer
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2
votes
1 answer
When is it encumbent on a court to rule on arguments not raised by the defense?
Usually a court will not make a ruling using an argument which the parties to the case have not raised. This subject has been discussed on this site previously. However, I would argue that this legal principle only applies to substantive arguments,…
Cicero
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2
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2 answers
Can a judge simply say that industrial farms should treat farm animals well as it is simply right to do so?
In a recent case in North Carolina, Smithfields, an industrial pork farming concern versus around five hundred local residents, and who were mostly black, and who had filed almost two dozen lawsuits complaining of the stench, flies and buzzards…
Mozibur Ullah
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