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"

There are Different Types of Tyranny Fact

There is a type of tyranny for at least every type of government. When special interests are favored over the general will and the rule of the law, it is a type of tyranny.

Policy is Different Than Politics Fact

Politics and policy are different aspects of government. Policy makers must reconcile policy (specific actionable rules) with politics (political ideology, party politics, and policy implementation).

Nonprofits Can’t Make a Profit Myth

It is a myth that nonprofits don’t or can’t make a profit. Not-for-profit businesses can make a profit; they just can’t distribute their profits to individuals beyond paying reasonable compensation.

The United States is a Corporation Myth

Despite misconceptions, the United States is not a corporation. This can be confirmed by its lack of incorporating acts, its sovereign immunity, and past court cases, among other things.

You Have the Right to Remain Silent Fact

You have the right to remain silent and not make any self-incriminating statements in police custody, as granted by the Fifth Amendment and confirmed by Miranda v. Arizona.

Blog Posts tagged with "Philosophy of Law"

Good Faith, Bad Faith, and Duty

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.

Second Rights and the Second Bill of Rights

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.

What is Fairness? / What is Justice?

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 and Checks and Balances

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.