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In law and ethics, universal law or universal principle refers to concepts of legal legitimacy actions, whereby those principles and rules for governing human beings' conduct which are most universal in their acceptability, their applicability, translation, and philosophical basis, are therefore considered to be most legitimate.[ citation needed ]
Cognition, experiences and intuition are the starting points of legal thought, which has to be seen through the glasses of universality and abstractness. Notwithstanding this assumption, "legal principles 1) do not contain only logic and reason and that 2) they can be different in different situations despite their equal naming. The legal rules can be identical in different legal orders while they carry different wants". [1]
On one side "universality, abstraction, and theory itself are defined in a way that undermines the perspectives of some while privileging the perspectives of others"; on the other side, "the aspiration to universality itself may stand in the way of its realization if it seals off from view the bias built into legal norms, public practices, and established institutions". [2]
There are 12 universal laws.[ citation needed ]
1- Law of Divine Oneness
2- Law of Vibration
3- Law of Action
4- Law of Correspondence
5- Law of Cause and Effect
6- Law of Compensation
7- Law of Attraction
8- Law of Perpetual Transmutation of Energy
9- Law of Relativity
10- Law of Polarity
11- Law of Rhythm
12- Law of Gender
Egalitarianism, or equalitarianism, is a school of thought within political philosophy that builds on the concept of social equality, prioritizing it for all people. Egalitarian doctrines are generally characterized by the idea that all humans are equal in fundamental worth or moral status. As such, all people should be accorded equal rights and treatment under the law. Egalitarian doctrines have supported many modern social movements, including the Enlightenment, feminism, civil rights, and international human rights.
Falsifiability is a deductive standard of evaluation of scientific theories and hypotheses, introduced by the philosopher of science Karl Popper in his book The Logic of Scientific Discovery (1934). A theory or hypothesis is falsifiable if it can be logically contradicted by an empirical test.
Jurisprudence, also known as theory of law or philosophy of law, is the examination in a general perspective of what law is and what it ought to be. It investigates issues such as the definition of law; legal validity; legal norms and values; as well as the relationship between law and other fields of study, including economics, ethics, history, sociology, and political philosophy.
Natural law is a system of law based on a close observation of natural order and human nature, from which values, thought by natural law's proponents to be intrinsic to human nature, can be deduced and applied independently of positive law. According to the theory of law called jusnaturalism, all people have inherent rights, conferred not by act of legislation but by "God, nature, or reason". Natural law theory can also refer to "theories of ethics, theories of politics, theories of civil law, and theories of religious morality".
A theory is a rational type of abstract thinking about a phenomenon, or the results of such thinking. The process of contemplative and rational thinking is often associated with such processes as observational study or research. Theories may be scientific, belong to a non-scientific discipline, or no discipline at all. Depending on the context, a theory's assertions might, for example, include generalized explanations of how nature works. The word has its roots in ancient Greek, but in modern use it has taken on several related meanings.
Reason is the capacity of consciously applying logic by drawing valid conclusions from new or existing information, with the aim of seeking the truth. It is associated with such characteristically human activities as philosophy, religion, science, language, mathematics, and art, and is normally considered to be a distinguishing ability possessed by humans. Reason is sometimes referred to as rationality.
Relativism is a family of philosophical views which deny claims to objectivity within a particular domain and assert that valuations in that domain are relative to the perspective of an observer or the context in which they are assessed. There are many different forms of relativism, with a great deal of variation in scope and differing degrees of controversy among them. Moral relativism encompasses the differences in moral judgments among people and cultures. Epistemic relativism holds that there are no absolute principles regarding normative belief, justification, or rationality, and that there are only relative ones. Alethic relativism is the doctrine that there are no absolute truths, i.e., that truth is always relative to some particular frame of reference, such as a language or a culture, while linguistic relativism asserts that a language's structures influence a speaker's perceptions. Some forms of relativism also bear a resemblance to philosophical skepticism. Descriptive relativism seeks to describe the differences among cultures and people without evaluation, while normative relativism evaluates the word truthfulness of views within a given framework.
Rationality is the quality of being guided by or based on reason. In this regard, a person acts rationally if they have a good reason for what they do, or a belief is rational if it is based on strong evidence. This quality can apply to an ability, as in a rational animal, to a psychological process, like reasoning, to mental states, such as beliefs and intentions, or to persons who possess these other forms of rationality. A thing that lacks rationality is either arational, if it is outside the domain of rational evaluation, or irrational, if it belongs to this domain but does not fulfill its standards.
A business rule defines or constrains some aspect of a business. It may be expressed to specify an action to be taken when certain conditions are true or may be phrased so it can only resolve to either true or false. Business rules are intended to assert business structure or to control or influence the behavior of the business. Business rules describe the operations, definitions and constraints that apply to an organization. Business rules can apply to people, processes, corporate behavior and computing systems in an organization, and are put in place to help the organization achieve its goals. For example, a business rule might state that no credit check is to be performed on return customers. Other examples of business rules include requiring a rental agent to disallow a rental tenant if their credit rating is too low, or requiring company agents to use a list of preferred suppliers and supply schedules. While a business rule may be informal or even unwritten, documenting the rules clearly and making sure that they don't conflict is a valuable activity. When carefully managed, rules can be used to help the organization to better achieve goals, remove obstacles to market growth, reduce costly mistakes, improve communication, comply with legal requirements, and increase customer loyalty.
The categorical imperative is the central philosophical concept in the deontological moral philosophy of Immanuel Kant. Introduced in Kant's 1785 Groundwork of the Metaphysics of Morals, it is a way of evaluating motivations for action. It is best known in its original formulation: "Act only according to that maxim whereby you can at the same time will that it should become a universal law."
A legal custom is the established pattern of behavior within a particular social setting. A claim can be carried out in defense of "what has always been done and accepted by law".
Groundwork of the Metaphysics of Morals is the first of Immanuel Kant's mature works on moral philosophy and the first of his trilogy of major works on ethics alongside the Critique of Practical Reason and The Metaphysics of Morals. It remains one of the most influential in the field. Kant conceives his investigation as a work of foundational ethics—one that clears the ground for future research by explaining the core concepts and principles of moral theory, and showing that they are normative for rational agents.
Virtue ethics is a philosophical approach that treats virtue and character as the primary subjects of ethics, in contrast to other ethical systems that put consequences of voluntary acts, principles or rules of conduct, or obedience to divine authority in the primary role.
Legal realism is a naturalistic approach to law; it is the view that jurisprudence should emulate the methods of natural science; that is, it should rely on empirical evidence. Hypotheses must be tested against observations of the world.
Legal formalism is both a descriptive and normative theory of how judges should decide cases. In its descriptive sense, formalists maintain that judges reach their decisions by applying uncontroversial principles to the facts; formalists believe that there is an underlying logic to the many legal principles that may be applied in different cases. These principles, they claim, are straightforward and can be readily discovered by anyone with some legal expertise. Supreme Court Justice Oliver Wendell Holmes Jr., by contrast, believed that "The life of the law has not been logic: it has been experience". The formalist era is generally viewed as having existed from the 1870s to the 1920s, but some scholars deny that legal formalism ever existed in practice.
Lawrence Kohlberg's stages of moral development constitute an adaptation of a psychological theory originally conceived by the Swiss psychologist Jean Piaget. Kohlberg began work on this topic as a psychology graduate student at the University of Chicago in 1958 and expanded upon the theory throughout his life.
Argumentation theory is the interdisciplinary study of how conclusions can be supported or undermined by premises through logical reasoning. With historical origins in logic, dialectic, and rhetoric, argumentation theory includes the arts and sciences of civil debate, dialogue, conversation, and persuasion. It studies rules of inference, logic, and procedural rules in both artificial and real-world settings.
Norms are concepts (sentences) of practical import, oriented to affecting an action, rather than conceptual abstractions that describe, explain, and express. Normative sentences imply "ought-to" types of statements and assertions, in distinction to sentences that provide "is" types of statements and assertions. Common normative sentences include commands, permissions, and prohibitions; common normative abstract concepts include sincerity, justification, and honesty. A popular account of norms describes them as reasons to take action, to believe, and to feel.
International legal theory, or theories of international law, comprise a variety of theoretical and methodological approaches used to explain and analyse the content, formation and effectiveness of international law and institutions and to suggest improvements. Some approaches center on the question of compliance: why states follow international norms in the absence of a coercive power that ensures compliance. Other approaches focus on the problem of the formation of international rules: why states voluntarily adopt international legal norms, that limit their freedom of action, in the absence of a world legislature. Other perspectives are policy oriented; they elaborate theoretical frameworks and instruments to criticize the existing rules and make suggestions on how to improve them. Some of these approaches are based on domestic legal theory, others are interdisciplinary, while others have been developed expressly to analyse international law.
Common good constitutionalism is a legal theory formulated by Harvard law professor Adrian Vermeule that asserts that "the central aim of the constitutional order is to promote good rule, not to 'protect liberty' as an end in itself". Vermeule describes it as an attempt to revive and develop the classical legal tradition by understanding enacted law as a positive application of background natural law principles. Within this tradition, he claims law is defined as "an ordinance of reason promulgated by political authorities for the common good." Vermeule states that law in this sense is "not tethered to particular written instruments of civil law or the will of the legislators who created them" but instead embody rational determinations of the common good, and it is those determinations, as well as the natural law background against which they are made, which constitute the law. Vermeule says that these principles include "a candid willingness to "legislate morality."
