Philosophy of law is a branch of philosophy and jurisprudence that seeks to understand the physical, logical, ethical, and moral aspects of justice and law. Here law isn’t just looked at in an analytical way, but in a philosophical context that considers the metaphysical aspects of justice. In other words, it looks not only at the letter of the law, but at the spirit of the laws.
Factoids tagged with "Philosophy of Law"
Presidents of the U.S. are granted power to create executive orders by the Constitution, but orders must be lawful, keeping in-line with the Constitution and other legal statutes.
Some claim the Second Amendment, like the Three-Fifths Compromise, was ratified to preserve slavery. This is only partially true.
The point of the Second Amendment is to secure a free-state via a well-regulated state-run militia. Thus, people have the right to keep and bear arms.
Blog Posts tagged with "Philosophy of Law"
Good Faith is a true attempt, Bad Faith is an intentionally dishonest attempt, Duty is the moral and ethical obligation to make Good Faith attempts.
The U.S. Bill of Rights expresses natural human rights with no economic implications, a Second Bill of Rights expresses rights “that ought to be” but have economic implications.
Plato’s Republic, utilitarianism, the philosophies of morality, ethics, politics, virtue, and law are all centered around one question “what is justice?” (AKA “what is fairness?”).
Separation of Powers describes the way in which government is divided into different branches (ex. in the U.S., the legislative, executive, and judicial). Checks and balances describe the powers each branch has to “check” the other branches and ensure a balance of power.
We present a summary of the history of human rights documents including the Bill of Rights, Magna Carta, Declaration of Rights and Man, and English Bill of Rights.
The major branches of philosophy can be denoted as: metaphysics (what is), epistemology (what we can know), logic and reason, ethics and morality, and aesthetics (beauty and art).