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Topic: Justification (jurisprudence)

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	Philosophy of Law [Internet Encyclopedia of Philosophy]
		The preventive justification argues that incarcerating a person for wrongful acts is justified insofar as it prevents that person from committing wrongful acts against society during the period of incarceration.
		The rehabilitative justification argues that punishment is justified in virtue of the effect that it has on the moral character of the offender.
		So-called outsider jurisprudence is concerned with providing an analysis of the ways in which law is structured to promote the interests of white males and to exclude females and persons of color.
	www.iep.utm.edu /l/law-phil.htm (6898 words)

	Understanding Legal Understanding-- Part II
		Jurisprudence professors wrongly seek to judge the predictive theory as a unitary jurisprudential theory.
		However, most people (law professors included) have not thought very hard about the various justifications for the content of most legal doctrines; indeed, they may have neither the time nor the ability to consider all of the possible justifications or conflicts among justifications that might be offered within the many areas of legal doctrine.
		I suggest that jurisprudence has rarely emphasized the possibility of such conflicts within elites, assuming instead that the standard of the judge is paradigmatic and that of the litigator, executive official, legislator, or academic is parasitic on this perspective.
	www.yale.edu /lawweb/jbalkin/articles/under2.htm (10931 words)

	Understanding Legal Understanding-- Part I
		First, actual justification is essential to legal coherence because it polices the boundaries of the kinds of principles and policies that "hang together" in a coherent scheme of legal justification.
		Nevertheless, although lack of actual justification is a necessary condition for rejecting a proposed justification of legal doctrine, it is not a sufficient condition.
		Because of the dialectic of hypothetical and actual justification, it is always possible to attack a scheme of hypothetical justification on the grounds that it employs principles or policies that are arbitrary or unjust, or that it arbitrates between competing principles or policies in an arbitrary or unjust fashion.
	www.yale.edu /lawweb/jbalkin/articles/under1.htm (7944 words)

	Feminist Jurisprudence [Internet Encyclopedia of Philosophy]
		American feminist jurisprudence is the study of the construction and workings of the law from perspectives which foreground the implications of the law for women and women’s lives.
		Feminist jurisprudence claims that patriarchy (the system of interconnected relations and institutions that oppress women) infuses the legal system and all its workings, and that this is an unacceptable state of affairs.
		Feminist jurisprudence usually frames its responses to traditional legal thought in terms of whether or not the critic is maintaining some commitment to the tradition or some particular feature of it.
	www.iep.utm.edu /j/jurisfem.htm (6429 words)

	The Biblical Teaching of Justification
		Justification is a forensic (legal) term which deals with acquittal from the claims of the law.
		Again, we see the direct connection between justification and the atonement in Romans 5:9 which states that we are ‘justified by His blood.’ Justification is a declaration of a righteousness based on the imputation of the righteousness of Christ.
		Justification is a state of forgiveness and acceptance with God which is as perfect and eternal as Christ’s own standing.
	www.christiantruth.com /gospeljustification.html (11826 words)

	The Jurisprudence of Constitutional Interpretation (Site not responding. Last check: 2007-10-09)
		Jurisprudence is the science dealing with the rules and principles of law that have been adopted for the government of an organized society.
		Many academic disciplines have laid claim to their own brands of jurisprudence, and each have tried to elucidate the roots of law, explain the unintended consequences of law, promote a vision of the social order that a law-driven society is aimed for, and how the law puts that vision into effect.
		His is known mainly for his attacks on mechanical jurisprudence, and his insistence that the law ought to be made responsive to the practical needs of society.
	faculty.ncwc.edu /toconnor/410/410lect02.htm (2909 words)

	LEAVING THE HART-DWORKIN DEBATE (Site not responding. Last check: 2007-10-09)
		If Hart is simply a writer of general jurisprudence, he is a very strange one, since his purposes, central object of study, method, and claimed meta-theoretical-evaluative virtues are quite distant from general jurisprudence as I have characterized it.
		Unlike general jurisprudence, which investigates law for the sake of rationalization or reform of law, Hart's work on the concept of law assumes as a starting point precisely what general jurisprudence supposes is the object of investigation.
		We might call this argument part of his 'wide' general jurisprudence, in order to mark his departure from the relational account of the concept of law to the largely empirically verifiable argument regarding the widely variable nature of specific legal systems that share little more than the common frailties of their human subjects.
	www.utpjournals.com /product/utlj/514/514_culver.html (12783 words)

	FREEDOM OF CHOICE OF THE DEFENCE COUNSEL
		The criteria of geographical distribution and balance among the world’s leading legal systems found in the ICTR jurisprudence are in no way relevant with respect to the sole determining factor at stake, which is due process.
		As we will see later on, jurisprudence dealing with the interpretation of similar clauses of the Covenant and Convention may be invoked by some parties to lay groundwork for a narrow interpretation.
		It is interesting to note that the judges affirmed the principle of non-discrimination with regard to the nationality of candidates for court appointed counsel.
	www.hri.ca /partners/aiad-icdaa/icc/counsel.htm (11264 words)

	20th WCP: Universalizability and Philippine Jurisprudence
		The strong sense of universalizability asserts that the universal norm under which the facts of the case are to be subsumed must be capable of being formulated without the use of what would be intuitively recognized as proper names or rigged definite descriptions.
		The general reasons or principles of a judicial decision (as thus abstracted from the peculiarities of the case) are commonly styled by writers of jurisprudence, the ratio decidendi." (Austin, Jurisprudence (5th ed.
		Morgan described it as "those portions of the opinion setting forth the rule of law applied by the court, the application of which was required for the determination of the issues presented, are to be considered as decision and as primary authority in later cases in the same jurisdiction." (The Study of Law (1926) 109).
	www.bu.edu /wcp/Papers/Law/LawFern.htm (4398 words)

	Polycentric Justification
		A justification, in the legal or political sense of the word, functions as an argument designed to persuade a person that a set of conditions is or would be just.
		A justification must win express consent in each case where it might be had, or at a minimum show that it could not be had but would have been forthcoming.
		The account of justification given here does resemble another sort of moral relativism, however; the sort Gilbert Harman defends as no more than "a soberly logical thesis about logical form."[42] Harman claims that morality arises among people who come to an agreement or understanding about their relations with one another.
	members.aol.com /t0morrow/PolyJust.html (8366 words)

	[No title]
		SECTION 563.016 - This section provides a person who is justified in using force immunity from criminal prosecution or civil action, unless the person against whom the force was being used was an on-duty law enforcement officer and the person should have reasonably known that the person was an officer.
		SECTION 563.026 - The general justification defense is modified so that any crime, instead of excluding a class A felony or murder, can be "justifiable and not criminal" when necessary in an emergency to avoid injury and when the situation is not the fault of the person committing the crime.
		A person who unlawfully and by force enters a dwelling, residence, or vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or violence.
	www.house.mo.gov /bills061/bills/sb571.htm (682 words)

	IJNL Vol 4 Iss 1: Charity, Politics and the Human Rights Act 1998: Chasing a Red Herring?
		The jurisprudence of the ECHR has had to address the question of where to strike a balance between a primary right such as freedom of expression and competing societal and individual rights.
		We can determine from the jurisprudence of the ECHR that to satisfy the proportionality test any measures taken by a state and designed to meet the legislative or other objective must not be arbitrary or unfair or based on irrational considerations.
		This justification for the restriction on freedom of expression is one that appears to mirror almost exactly one of the reasons conventionally advanced by the courts for introducing and maintaining the political disqualification rule.
	www.icnl.org /journal/vol4iss1/moffatt5.htm (1951 words)

	International Ethical Guidelines (Site not responding. Last check: 2007-10-09)
		Thus, the general rules of Islamic jurisprudence stipulate that "A statement of a person unable to act properly cannot be admitted." It also stipulates that a guardian should be chosen to run the affairs and attend to the needs of such a person, safeguarding his interest and protecting him from exploitation by others.
		From the jurisprudence point of view, this rule is rooted in the fact that the validity of choice and consent, in the cases where Islamic Law makes either a requirement, is contingent on knowledge of the matter in question; no ignorance in such cases is allowed.
		One rule of jurisprudence is that "a permission for action by an owner annuls any security," which means it cancels the responsibility of the party given the permission to act, as long as the giver of permission has the right to give it.
	www.islamset.com /ioms/Code2004/Islamic_vision1.html (15679 words)

	WCR V4n2 Glaser
		The primary ethical justification of the institutionalisation of medicine seems to be to provide members of the community with the means by which their illnesses can be cured and their pains alleviated.
		Therapeutic jurisprudence is the "study of the role of the law as a therapeutic agent" and, in particular, the influence of the law on emotions and on psychological well-being (Wexler and Winick, 1996:xvii).
		In a therapeutic jurisprudence field, this issue has risen to prominence with the establishment of "problem-solving" or "problem-oriented" courts whose purpose is to consider the wider psycho-social problems being faced by offenders rather than a narrow focus on offence-related issues.
	wcr.sonoma.edu /v4n2/glaser.html (7681 words)

	Excuse - Wikipedia, the free encyclopedia
		In jurisprudence, an excuse or justification is a form of immunity which must be distinguished from an exculpation.
		Thus, a justification describes the quality of the act, whereas an excuse relates to the status or capacity (or lack of it) in the accused.
		Thus, in most aspects of the law, any loss of control is taken to be an aggravating factor that, in the criminal law or the law of intentional torts, might well lead to an increase in sentencing, or the award of punitive or exemplary damages.
	en.wikipedia.org /wiki/Excuse (1713 words)

	Clemency Manual - Chapter Four
		Excuse and justification are theories of defense employed to convince a trier of fact that a defendant lacked criminal responsibility for her actions.
		A defendant who employs a justification defense attempts to show that her action was not a crime at all; rather, it was justified under the circumstances to avoid greater harm or to further important societal interests.
		Critics of self-defense laws as they apply to battered women who kill also contend that traditional principles of self-defense jurisprudence are based on two men of equal strength who have never met, and that traditional principles do not consider the problems posed by combatants of vastly different size and strength.
	www.umich.edu /~clemency/clemency_manual/manual_chapter04.html (2341 words)

	Brian Taylor Sumner, Territorial Disputes At The International Court Of Justice, 53 Duke L. J. 1779 (2004) (Site not responding. Last check: 2007-10-09)
		This Note examines the interplay and hierarchy among these nine justifications in the outcomes of land boundary cases adjudicated by the ICJ to determine whether one particular justification is dispositive -- or, at the minimum, highly determinative.
		Cultural justifications are based on the "ethnic nation" argument, which underlies any justification for drawing a border in a specific place because of a common language, religion, kinship, or other cultural characteristic that defines the group of people living in a particular territory.
		The anticolonial ideological justification, which argues that colonial borders are per se inappropriate delimiters of territory for moral or legal reasons, is essentially the antithesis of a uti possidetis claim.
	www.law.duke.edu /journals/dlj/articles/dlj53p1779.htm (11401 words)

	ON MILTON'S DIALOGUE IN HEAVEN
		Milton captures in the heavenly debate and dialogue, held in the language of jurisprudence, a significant moment in the dialectical development of the central doctrine of the western church.
		Incidentally, it stands to reason that the development of the doctrine on justification is not only the main topic of the intellectual history of Christian teaching but provides the main spring for politico-cultural history over the last two millennia.
		This distinction between justification as church doctrine and justification as biblical topos is crucial, in my view, for an understanding of the Miltonian project in the colloquy.
	pages.slc.edu /~eraymond/milton.htm (1413 words)

	DEFINITION AND CLASSIFICATION OF ISLAMIC JURISPRUDENCE
		The science of Islamic jurisprudence consists of a knowledge of the precepts of the Divine Legislator in their relation to human affairs.
		The questions of Islamic jurisprudence either concern the next world, being known as rules relating to worship, or to this world, being divided into sections dealing with domestic relations, civil obligations and punishments.
		Muslim jurists, however, have grouped questions of Islamic jurisprudence under certain general rules, each one of which embraces a large number of questions and which, in the treatises on Islamic jurisprudence, are taken as justification to prove these questions.
	majalla.org /books/2003/mejelle1.htm (464 words)

	Equity Jurisprudence
		A third justification for equity relates to so-called "hard cases," that is, where a strict application of the rule of law was clear and possible, but would have resulted in a hardship.
		Many commentators on equity jurisprudence have noted that what we modernly refer to as equitable rules are not logically linked together by any underlying principle or set of principles.
		Having considered the history of equity jurisprudence, we may now inquire as to what the nature of that jurisprudence is. As the definition of equity suggests (supra), equitable justice is a jurisprudence of discretionary judgment and exceptional situations.
	www.lonang.com /foundation/1/f13.htm (6627 words)

	Australia/Israel Review - It is Written
		Islamic jurisprudence has distinguished four different ways in which a believer may fulfil jihad obligations: 1) with faith in his heart; 2) by preaching and proselytising with his tongue; 3) by good deeds with his hands; and 4) by confronting unbelievers or enemies with the sword.
		The ideological basis of such an interpretation has deep roots in Islamic theology, but it came to prominence with the twentieth century rise of Muslim Brotherhood theorists such as Banna and Qutb and was further developed by their successors.
		But attention to suicide bombers’ own justifications suggest that, for them, Islam and its call for jihad is the primary motivation.
	www.aijac.org.au /review/2006/31-10/essay31-10.htm (2932 words)

	SSRN-Progress and Justification in American Criminal Law by John Parry
		With respect to justification, I focus - perhaps counterintuitively - on provocation and the law of torture.
		I suggest not only that justification arguments pull against and undermine the ideal of a rational and progressive criminal law, but also that the resulting mess is something we should accept and consider celebrating.
		With respect to progress, my concern is to bring out the anxiety produced by the tension between liberalism and concrete progress in the area of criminal justice, to consider the relationship between progress and authoritarian government, and to question the very idea of progress in criminal law and in law generally.
	papers.ssrn.com /sol3/papers.cfm?abstract_id=824325 (268 words)

	Defamation Law: Positive Jurisprudence
		The positive jurisprudence of the past fifteen years has protected freedom of expression by denying certain bodies the right to bring suit, allowing heightened criticism of the government and public figures, establishing defenses that help reduce the chilling effect on the media, and requiring sanctions proportionate to the offense.
		Although freedom of expression continues to be seriously abused in many countries, this jurisprudence demonstrates an effort to increase protection of political criticism and sets a model for future international reform.
		According to the standards produced at the symposium, “Criminal defamation laws are frequently abused, being used in cases which do not involve the public interest and as a first, rather than last, resort.”[58] While ordinary people cannot afford to bring prosecutions, politicians and public officials often take advantage of them.
	www.law.harvard.edu /students/orgs/hrj/iss13/docherty.shtml (10212 words)

	HLS : Course Groupings - Jurisprudence (Site not responding. Last check: 2007-10-09)
		Another type of question, according to this conception of jurisprudence, is that of justification.
		Jurisprudence courses typically examine both the justification of claims within our legal practice (what justifies the conclusion that "the law is X"?) and questions about the normative justification of existing legal regimes and practices.
		For students interested in studying jurisprudence or in getting advice on possible sequences of courses within jurisprudential specialties, the best approach is tried and true: read course descriptions, talk to faculty in various areas, talk to upper-level students, and perhaps read or skim articles and books of potential interest.
	www.law.harvard.edu /academics/courses/groupings/jurisprudence.php (612 words)

	THE GIFT OF SCIENCE: LEIBNIZ AND THE MODERN LEGAL TRADITION
		It is a testament to the strength of Berkowitz’s book that he manages to [*609] produce a persuasive argument in spite of such complexities.
		But it is also true, Berkowitz argues, that Leibniz’s scientific jurisprudence placed an emphasis on reason that led law away from God in a way that Leibniz did not foresee.
		For Svarez, the architect of the Prussian code of 1794, the justification for law’s authority was to be found in the fully rationalized will of the king.
	www.bsos.umd.edu /gvpt/lpbr/subpages/reviews/berkowitz0806.htm (1403 words)

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