Showing posts with label Law. Show all posts
Showing posts with label Law. Show all posts

Monday, November 25, 2019

Jurisprudence

Jurisprudence, science or philosophy of law. Jurisprudence can be divided into three branches: analytical, sociological and theoretical. The analytical branch expresses axioms, defines terms, and determines methods that enable it best to view the legal order as an intrinsically coherent, logical system. The sociological branch examines the real effects of law within society and the impact of social events on critical and procedural aspects of law. The theoretical branch evaluates the law and criticizes it in terms of the ideals or goals set for it.

Jurisprudence or legal theory is the theoretical study of law. Scholars of jurisprudence seek to explain the nature of law in its most general form in its most general form and provide a deeper  understanding of legal reasoning, legal systems, legal institutions, and the role of law in society. Modern jurisprudence began in the 18th century and was focused on the first principles of natural law, civil law, and the law of nations. General jurisprudence can be divided into categories of jurisprudence, or schools of thought, regarding how those questions are best answered. Contemporary philosophy of law, which deals with general jurisprudence, addresses problems internal to law and legal systems and problems of law as a social institution that relates to the larger political and social context in which it exists.

History
Ancient Indian jurisprudence finds mention in various theology texts, beginning with the Dharmasutra of Bhodhayana. 

In ancient China, Daoust, Confucian, and Legalist all had principles of jurisprudence. 

Jurisprudence originated with (perity) in ancient Rome - José Mos Myram (traditional law), an institution of oral laws and customs.

The Praetors established an executive body of laws, which showed whether single cases were able to be prosecuted for addicta, the yearly utterance of the crime of prosecution, or in exceptional situations, additions made by Edicta. An Iudex will then write a remedy according to the facts of the case.

The sentences of the Idex were thought to be simple interpretations of traditional customs, but in addition to considering what traditional customs apply in each case — a more equitable interpretation was soon developed for new social exertion. Follows the law favorably. While in traditional mode, law was then accommodated with developed institutions (legal concepts). The praetors were replaced in the third century BCE by a cheerful body of priors. Entry into this body was conditional on proof of competence or experience.

Under the Roman Empire, schools of law were created, and the practice of law became more academic. From the early Roman Empire to the third century, a relevant body of literature was produced by scholarly groups, including Proculians and Sabinians. The scientific nature of studies was unprecedented in ancient times.

From the 3rd century onwards, juris prudentia became a more bureaucratic activity with some notable writers. It was during the Eastern Roman Empire (5th century) that legal studies were once again deeply done, and it is from this cultural movement that Justinian Corpus Juris Civilis was born.

Natural law
In its general sense, natural law theory can be compared to both the state's nature law and the common law, which are understood to be based on conformity with the laws of physics. Natural law is often the opposite of positive law which claims law as the product of human activity and human ambition.

Another approach to natural-law jurisprudence generally asserts that human law must be in response to compelling reasons for action. There are two readings of the natural-law jurisprudential stance.

The strong natural law thesis holds that if a human law fails to respond to compelling reasons, it is not properly a "law". It is captured, imperfectly, in the famous maxim: lex iniusta non ist lex (an unjust law is no law).
The weak natural law thesis holds that if a human law fails to respond to compelling reasons, it may still be called a "law", but must be recognized as a defective law.
The notion of an objective moral order, external to human legal systems, undergoes natural law. What is right or wrong can vary according to the interests focused on it. John Finis, one of the most important of modern natural lawyers,  has argued that the maxim "an unjust law is no law" is a poor guide to classical Thomist status.


Strongly related to the principles of natural law are the classical principles of justice, which begin in the West with the Republic of Plato.

Aristotle is often called the father of natural law. Like his philosophical ancestors Socrates and Plato, Aristotle posited the existence of natural justice or natural authority (Dickian Physicon, κικαίον κόικόν, Latin Ice Nutella). His engagement with the natural method is largely due to how he was understood by Thomas Aquinas.  It was based on Aquinas' confrontation of natural law and natural right, the latter of which Aristotle presents in the Book of Nicomachian Ethics (Book IV of Eudemian Ethics). Aquinas's influence was to influence many early translations of these passages, although more recent translations influenced them more literally. 

Aristotle's theory of justice is tied into his idea of ​​the golden meaning. In fact, his treatment of what he calls "political justice" derives from the discussion of "the just" as a moral virtue derived from the meaning between contradictions, just as he Describes every other quality.  His longest discussion of his theory of justice occurs in Nicomachian ethics and begins by asking what a just act is. He argues that the term "justice" actually refers to two different but related ideas: general justice and special justice.  When a person's actions towards others are purely virtuous in all respects, Aristotle calls them "just" in the sense of "general justice"; In this way, this idea of ​​justice is more or less consistent with virtue. "Particular" or "partial justice", in contrast, is part of "general justice" or personal virtue that is related to treating others equally. 

From this inept discourse of justice, Aristotle proceeds to a worthy view of political justice, by which he means closer to the subject of modern jurisprudence. In political justice, Aristotle argues that it is partly derived from nature and partly the subject of convention.  This can be taken as a statement that is similar to the views of modern natural law theorists. But it must also be remembered that Aristotle is describing the view of morality, not the system of law, and therefore his commentary as to nature is about the basis of morality enacted as law, not law itself.


The best evidence of Aristotle's view was a natural law that comes from the Rastoric, where Aristotle noted that, different from the "special" laws that each people established for themselves, there is a "common" law that is nature. Is according to The context of this comment, however, only suggests that Aristotle thought it might be logically advantageous to appeal to such a law, especially when the "special" laws of one's own city Was contrary to the case of K, not actually being so. Such a law.  In addition, Aristotle considered some candidates for the universally valid, natural law to be wrong.  Aristotle's theoretical paternity of the natural law tradition is consequently disputed.

Thursday, September 14, 2017

POLITICS

A great politician leads the entire planet, how powerful it is, even most people do not know. According to him, politics is a rough game, in which politicians do what they want in any way, sometimes they use destruction. But publicly they are great, using people they will fulfill their needs. A very small politician can do his or her actions that benefit every body and indeed, non-politicians can do what they can do without affecting others. Some yes, there is still world recognized politics and we all respect him.

Politics is a group of activities associated with the governance of a country, state or a region. It involves making decisions that apply to groups of members. 

It refers to acquiring and exercising positions of governance - organized control over the human community, especially a state.  Educational studies focused on a more targeted goal than just general political science, sometimes referred to as political science (not to be confused with political science, a synonym for political science). 

In modern nation-states, people often form political parties to represent their ideas. Members of one party often agree to take the same position on several issues and agree to support the same changes in legislation and similar leaders. 

An election is usually a competition between different parties.  Some examples of political parties around the world are: African National Congress (ANC) in South Africa, Democratic Party (D) in United States, Conservative Party in United Kingdom, Christian Democratic Union (CDU) in Germany and Indian India. In the National Congress which has the most political parties in the world (2546 political parties) . Politics is a multidimensional term. It has quite specific meanings, which are descriptive and non-controversial (such as "the art or science of government" and "political theory"), but often have a negative connotation in the colloquial. The term has been used negatively for many years: the British national anthem in 1745, as on God "confuse their politics", [9] and in the phrase "play politics" It was published, for example, in use since at least 1853. , When the hysterical Wendell Phillips declared: "We don't play politics; anti-slavery is no half-joke with us." 

A variety of methods are deployed in politics, including promoting one's own political views among people, interacting with other political subjects, legislating and using force, including the war against opponents.  Politics is practiced at the social level, from the clans and tribes of traditional societies to modern local governments, companies and institutions, to sovereign states, to the international level. During the past decade, two trends (1.Concern for theoretical exploration and methodological rigor, and 2. emphasis on field studies of "emerging," "new," and "non-Western" nations) have made it possible to ignore comparative politics made.

A political system is a framework that defines acceptable political methods within a given society. The history of political thought can be traced back to early antiquity, Plato's Republic, Aristotle's Politics, the works of Confucius  and Chanakya's Chanakya by Chanakya in the 3rd century BC.

Classification
Formal politics refers to the operation of a constitutional system of government and publicly defined institutions and processes. Discussions about political parties, public policy or war and foreign affairs fall under the category of formal politics.  Many people view formal politics as outside of themselves, but it can still affect their daily lives. 

Semi-formal politics is often important in governmental associations such as neighborhood associations, or student government political party politics in student governments.

Informal politics is understood as forming alliances, exercising power and protecting and pursuing particular ideas or goals. Generally, this includes anything that affects one's daily life, such as the management of an office or home, or how one person or group influences another.  Informal politics is usually understood as everyday politics, hence the idea "politics is everywhere". 

History of state politics
The history of politics is reflected in the origins, development and economics of government institutions.

Main article: State (Polity)
The origins of the kingdom are to be found in the development of the art of war. Historically, all political communities of the modern type consider their existence to be a successful war.

Kings, emperors and other types of emperors were considered divine in many countries, including China and Japan. Of the states that ruled, kings ruled at the forefront until the American Revolution abolished the "divine right of kings". Nevertheless, the monarchy is one of the longest-running political institutions, dating back to the earliest times. British Monarchy in Sumeria as early as 2100 BC to 21st century AD. An institution is formed through the institution of hereditary monarchy.

The emperor, often even in absolute monarchy, ruled his kingdom with the help of an elite group of advisers, a council without which they could not retain power. As these advisors and others negotiated for power, a constitutional monarchy emerged, which can be considered the germ of constitutional government. 


The eldest of the Emperor's subordinates, the Cannes and Duke in England and Scotland, the Duke and the Counts in Continental Europe, always sat on the Council as authority. During the reign of the Gupta Empire, India followed a decentralized system in which the governors of the provinces were given great autonomy. Ancient China on the other hand followed the feudal system.  A conqueror conquers vengeance or for plunder, but an established kingdom pays tribute.  One of the functions of the council is to keep the Emperor's coffins filled. Another is to establish suzerainty for the satisfaction of military service and the completion of the task of collecting taxes and troops by the king. 

Forms of political organization
There are many forms of political organizations, including international organizations such as states, non-governmental organizations (NGOs) and the United Nations. States are perhaps the predominant institutional forms of political governance, where a state is understood as an institution and a government is understood as governance in power.

According to Aristotle, states are classified into monarchy, aristocracy, period, democracy, oligarchy and tyranny. Due to changes in the history of politics, this classification has been abandoned.

All states are varieties of the same organizational form, the sovereign state. All the great powers of the modern world rule the principle of sovereignty. Sovereign power can be vested on an individual as an autocratic government or it can be vested on a group as a constitutional government. Constitutions are written documents that specify and limit the powers of various branches of government. Although a constitution is a written document, there is also an unwritten constitution. The unwritten constitution is constantly being written by the legislative and judiciary branch of government; It is one of those cases in which the nature of the circumstances determines the form of government that is most appropriate.  England dictated the fashion of written formation during the Civil War, but left them after the Restoration after their liberation by the American colonies and then by the European colonies including France and the Revolution and the rest of Europe.

There are many forms of government. One form is a strong central government in France and China. Another form is local government, such as the ancient divisions in England which are relatively weak but less bureaucratic. These two forms helped shape the practice of the federal government, first in Switzerland, then in 1776 in the United States, in 1867 in Canada and in 1871 in Germany, and in 1901, Australia. The Confederate States introduced the new principle of agreement or contract. Compared to a union, a union has a more scattered system of judicial power.  In the American Civil War, the state of the Union argues that a state can be separated from the union was deemed unconstitutional by the Supreme Court. 


Professor A. In An Introduction to the Study of the Law of the Constitution. V. According to Dixie, the essential features of the federal constitution are: a) a written supreme constitution to prevent disputes between the jurisdiction of federal and state officials; B) distribution of power between the federal and state governments and c) the Supreme Court vested with the power to interpret the Constitution and enforce the law of the land independent of both the executive and legislative branches.



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