Philosophers ask questions about knowledge like, what is knowledge, how do we acquire knowledge, what do we really know, these questions fall into the category of epistemology. 4. Why is logic important in philosophy? Logic means analyzing the structure of arguments to determine whether they are valid. Logic is important, because it can help you determine the validity of syllogisms and other arguments.
What Is A Wrongful Death Lawsuit? If you suspect that someone committed an action that prematurely caused a family member to die, then you should consult a lawyer. Wrongful death claims can be filed in addition to criminal charges. The criminal and civil charges are not connected to each other. A defendant may be found guilty in one case but not guilty in another.
Case law a. the origin of case law b. formation of principle stare decisis c. how judges make their decisions (two parts of judgement) d. how judicial precedents work (following, distinguishing, overruling, reversing a case) e. how do judges really decide cases (legal theories) 4. Equity a. two meanings of the term “equity” b. dismissings of common law c. function of the Lord Chancellor d. formation equity as a particular branch of English law e. conflict judgements of the common law courts and the Court of Chancery f. equity today The word “source” has several different meanings with regard to law. But for our purposes it primarily describes the means by which the law comes into existence. English law stems from 7 main sources. Judge-made decision (case law) was the main form of law and it is the basis of English law today.
Thus redefined as a flow of authoritative and effective decisions, law merges with the political and social processes that ultimately determine its content, yet retains a distinctive identity as law. ... The strength and relevance of such an order was enhanced by his de-emphasis of the constraint function of international law in favor of a host of other functions that international legal norms can and often do perform in international relations. ... Abram Chayes, Thomas Ehrlich and Andreas Lowenfeld also recast international law as process, but as "international legal process." ... A corollary to the international legal process approach is the collection of empirical evidence demonstrating the role of international law in specific international crises.
The Racio decedendi, point or principle of law, in the case in the case in which the decision of the judge is based upon is the part of the judgement that creates the law (the precedent) and the rest is known as the Orbiter dicta (other things decided). The orbiter Dicta is the afterthought speculating on what might be the outcome of the case had the facts been different. The Orbiter Dicta, however, is not binding is is there as more of a suggestion based upon speculation but jugdes could use this as a Judicial precedent in future cases. The Orbiter Dicum is a very important feature of the law as it can be used if the Racio decidendi is difficult to identify. If a Judge has a case he may use the Racio decidendi of a previous case that has similar facts and take it into consideration for the Racio decideni of his own case.
WHY MUST MAN LIVE A MORAL LIFE BY EMMANUEL IWUH C. (DI/400) Being a term paper submitted to the department of philosophy, Dominican Institute of Philosophy and Theology Samonda, Ibadan, for the award of B.A. degree in Philosophy. COURSE: INTRODUCTION TO ETHICS CODE: PHI/302 LECTURER: FR. EMMANUEL NNADOZIE JAN., 2012 INTRODUCTION Morality is subsumed under the branch of philosophy known as Ethics. Ethics being that aspect of philosophy which investigates human conducts in so far as such conducts can be said to be right or wrong: it can be defined as the branch of philosophy which deals with the morality of human actions or as a systematic study of the fundamental principles of moral law.
It aims to give students insight into a system based on the superiority of written law. The course will and development of an English law, such as criminal law, contract law and the law of torts. The relationship between the English common law and EC law will also be covered. The course is designed for those international students who will be studying cover the application Roman law in Europe to the making of national codes all over the world. The coUrse is intended to prepare students Whoa.re going to study in a European for the different approaches to at English universities later in the academic year.
We will then, with specific reference to three key cases, look at the compensatory approach of damages and look at the key principles brought about by these cases and the current standing of the law, with the aid of cases and academic writing. In order to tackle this question, we must first define what a contract is. The term contract does not have a solid and/or rigid definition in English law; however, the English legal system, like many other legal systems, is reliant on the Latin “Pacta sunt servanda” – promises are made to be kept; contracts are made to be performed, when looking at the law of contract and contractual obligations. Hence, contract law is a branch of private law based on promises which are made by one party to another and the enforceability of these promises and it is by this assertion that the separation of contract law from that of the law of tort and the law of restitution rests to a large extent. In keeping a contract, it is said that the parties are executing a contract.
The precedents are set by courts with higher authority, for example the House of Lords. The courts have to follow the precedents set by the courts above them. “As Park CJ said in Mirehouse v Rennell , ‘Precedent must be adhered to for the sake of developing the law as a science’.” In decided cases, judges have to know what to take as precedent, so as to find the ratio decidendi. Cases must follow precedent when their material facts are the same. The judge then takes the principle defined in the ratio and uses it to reach his decision, along with the reasons for doing so.
The Greek Philosopher Aristotle is known as the father of law. What is law...the answer to this question may look simple but answering it is like the situation think before you leap, because it is a question within a question. But there is no proper definition or answer as to ‘what is law?’Professor H.L.T Hart has mentioned in his book The Concept of Law that ‘’few questions concerning human society had been asked with such persistence and answered by serious thinkers in so many ways as to the question what is law’’. This extract by Professor Hart explains the difficulties associated with understanding the concept of law. Various thinkers, philosophers have and have tried to describe law in various ways.