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Questions and Answers
What does implicit amendability suggest about laws?
What does implicit amendability suggest about laws?
Which method is NOT typically associated with explicit amendability?
Which method is NOT typically associated with explicit amendability?
What is the primary aim of explicit amendability?
What is the primary aim of explicit amendability?
How do theological arguments approach the concept of amendable laws?
How do theological arguments approach the concept of amendable laws?
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What is a key concern related to the dynamic nature of implicit amendable laws?
What is a key concern related to the dynamic nature of implicit amendable laws?
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The coherence argument suggests that:
The coherence argument suggests that:
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Which of the following best encapsulates the idea behind the coherence argument for amendable laws?
Which of the following best encapsulates the idea behind the coherence argument for amendable laws?
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What potential drawback is associated with implicit amendability?
What potential drawback is associated with implicit amendability?
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Study Notes
Implicit Amendable Laws
- Implicit amendability suggests laws can be changed even if not explicitly stated as such.
- It often arises from evolving societal values or understandings of earlier laws.
- The interpretation and application of existing laws can change over time, effectively achieving amendment.
- It's a dynamic process dependent on judicial interpretation and societal norms.
- This approach can introduce flexibility but may also lead to uncertainty in legal application.
Explicit Amendable Laws
- Explicit amendability refers to laws that clearly outline procedures for changes.
- This usually involves formal processes like legislative votes, constitutional conventions, or referendums.
- These methods are designed to ensure accountability and transparency in modifying laws.
- Clear procedures and public input help to limit the potential for arbitrary changes.
- Explicit amendability aims for stability in the legal framework by following established procedures.
Theological Argument for Amendable Laws
- Theological arguments often connect the potential for societal evolution in the interpretation and amendment of laws to the actions of divine beings.
- Some argue laws are not cast in stone, but instead can be adapted to reflect a changing understanding of divine will or purpose.
- Different religious interpretations would inform varying perspectives on amendability.
- Consideration of moral progress and adaptation to new circumstances within a theological framework could be invoked in arguing for amendable laws.
- Varying theological arguments might lead to different conclusions on the extent of, and guidelines for, amendable laws.
Coherence Argument for Amendable Laws
- The coherence argument proposes that amendable laws are essential to maintain a consistent and harmonious legal system.
- Laws are viewed not in isolation but as interconnected parts of a larger framework.
- Amendments are needed to reconcile laws with evolving circumstances and values, ensuring their continued relevance and practical application.
- Disjointed or outdated laws create incongruities that undermine the entire legal system.
- The argument for coherence is based on the idea that a sound legal system cannot thrive on inconsistency. Maintaining coherence within laws is a driving force behind the need for amendment.
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Description
Explore the concepts of implicit and explicit amendability in law. This quiz delves into how laws can be altered either through changing interpretations or formal legislative processes. Understand the implications of both approaches on legal stability and flexibility.
