Rightessa Team The distinction between common law and civil law systems shapes the foundation of legal frameworks worldwide. Understanding their origins and core principles reveals how different societies interpret justice and uphold legal order. While common law emphasizes judicial precedent and case law, civil law relies predominantly on codified statutes. This fundamental contrast influences legal reasoning, professional … Read more
Legal pragmatism approaches represent a significant shift in the philosophy of law, emphasizing practical outcomes over rigid adherence to doctrinal principles. How do these methods influence judicial decision-making and legal interpretation in contemporary society? While traditional legal theories focus on consistency and moral idealism, legal pragmatism prioritizes flexibility and real-world effects, shaping modern jurisprudence and … Read more
The notion of legal justice lies at the heart of jurisprudence, serving as a foundational principle that guides the legitimacy and fairness of legal systems worldwide. Understanding what constitutes justice within law prompts both philosophical inquiry and practical debate, raising questions about fairness, impartiality, and the role of institutions. Defining the Notion of Legal Justice … Read more
Procedural fairness is a cornerstone of jurisprudence, underpinning the legitimacy of judicial and administrative decisions. Its principles ensure that individuals are treated justly within legal processes, fostering trust and accountability in the rule of law. Understanding the core principles of procedural fairness is essential for comprehending how legal systems uphold justice amidst complex decision-making scenarios. … Read more
Theories of legal obligation form a foundational aspect of the philosophy of law, shaping our understanding of why laws are followed and upheld. These theories address the nature, sources, and justification of legal duties within societies. By examining diverse perspectives—ranging from natural law to legal positivism—this article explores how scholars conceptualize obligation in relation to … Read more
Legal norms serve as the foundation of legal systems, shaping societal behavior through established principles and rules. Understanding their nature is essential for comprehending how laws influence and regulate social interactions. How do legal norms differ from moral or social customs, and what mechanisms underpin their authority? Exploring the nature of legal norms unveils their … Read more
The role of judicial decisions is central to the development and stability of common law systems, shaping legal principles through case-by-case interpretations. Understanding this dynamic offers insight into how law evolves beyond statutes and legislation. In common law countries, judicial decisions function as pivotal sources of legal authority, guiding courts and shaping jurisprudence over time. … Read more
Stare Decisis is a fundamental principle in the framework of common law, ensuring that past judicial decisions influence future rulings. Its role in promoting stability and predictability underscores its importance within the legal system. Understanding how this doctrine shapes legal outcomes offers insight into the balance between judicial consistency and flexibility essential to the rule … Read more
Legal authority is a foundational concept in legal theory, shaping the legitimacy and functioning of legal systems worldwide. Understanding its nature prompts critical questions about the basis of lawful power and the limits of compliance. Defining Legal Authority in Legal Theory Legal authority refers to the recognized power or right of entities, especially governmental bodies, … Read more
The social contract remains a foundational concept in the philosophy of law, shaping our understanding of authority, rights, and societal organization. How do these implicit agreements underpin modern legal systems and governance? Understanding the relationship between the social contract and law offers vital insights into the legitimacy of legal authority and the development of contemporary … Read more