CRIM 311 PRELIM WEEK 5 PDF

CRIM 311 PRELIM WEEK 5 Prepared by: Christine Joy Tres Reyes, RCrim LEGAL THEORIES  LEGAL POSITIVISM is a theory of law that asserts that the validity of a law is not dependent on its moral content but rather on its sources and social facts.  NATURAL LAW a philosophical the...

CRIM 311 PRELIM WEEK 5 Prepared by: Christine Joy Tres Reyes, RCrim LEGAL THEORIES  LEGAL POSITIVISM is a theory of law that asserts that the validity of a law is not dependent on its moral content but rather on its sources and social facts.  NATURAL LAW a philosophical theory asserting that there are universal moral principles inherent in human nature that can be discovered through reason. It posits that these principles form the basis for all human laws and should guide their creation and interpretation.  LEGAL REALISM is a theory of law that emphasizes the importance of social context, practical outcomes, and the behavior of legal actors in understanding how law operates in practice. It asserts that the law cannot be fully understood solely through statutes and legal texts; rather, one must consider how laws are applied in real-life situations, including the influence of judges, lawyers, and social norms.  LEGAL FORMALISM a theory of law that emphasizes a strict adherence to established legal rules and procedures. It asserts that legal reasoning should be objective and based solely on the text of the law, rather than influenced by moral, social, or political considerations. Legal formalists believe that judges should apply the law as it is written, relying on clear definitions and precedents, to ensure consistency and predictability in legal outcomes.  RULE OF LAW a theory of law that emphasizes a strict adherence to established legal rules and procedures. It asserts that legal reasoning should be objective and based solely on the text of the law, rather than influenced by moral, social, or political considerations. Legal formalists believe that judges should apply the law as it is written, relying on clear definitions and precedents, to ensure consistency and predictability in legal outcomes.  JUDICIAL REVIEW is the power of courts to examine and invalidate laws, regulations, or government actions that they determine to be unconstitutional or in violation of established legal principles. This process allows the judiciary to uphold the rule of law and protect individual rights by ensuring that legislative and executive actions conform to the constitution.  STARE DECISIS a legal principle that mandates courts to follow precedents set by previous decisions in similar cases. This doctrine promotes consistency, stability, and predictability in the law by ensuring that similar cases are treated alike. When a higher court establishes a ruling, lower courts are generally bound to adhere to that ruling in future cases unless there is a compelling reason to deviate.  ETHICAL PRINCIPLES IN LAW  PRINCIPLE OF ETHICS refers to the fundamental standards and values that guide human behavior and decision-making regarding what is considered right or wrong.  AUTONOMY Autonomy is the principle that emphasizes an individual's right to make their own choices and govern themselves. It involves respecting and supporting a person's ability to make informed decisions about their own life, body, and affairs.  BENEFICENCE the ethical principle that emphasizes the obligation to act in ways that promote the well-being and welfare of others. It involves taking positive steps to help, support, and enhance the health and happiness of individuals or communities. In professional contexts, such as healthcare, beneficence drives practitioners to prioritize patient welfare, ensuring that their actions lead to beneficial outcomes.  NON MALEFICENCE the ethical principle that emphasizes the obligation to avoid causing harm to others. It underscores the importance of preventing actions that could result in physical, emotional, or psychological injury.  CONFIDENTIALITY the ethical and legal principle that involves safeguarding private information from unauthorized access or disclosure. It ensures that sensitive information, such as personal, medical, or business data, is shared only with those who have a legitimate need to know. BRANCHES OF LAW  CRIMINAL LAW is the body of law that defines offenses against the state or society, prescribing punishments for those who commit such offenses. It encompasses various crimes, ranging from minor offenses like petty theft to serious crimes like murder, and aims to maintain public order, protect individuals, and deter criminal behavior.  CONTRACT LAW is the area of law that governs the creation, interpretation, and enforcement of agreements between parties. It establishes the rules for legally binding contracts, outlining the rights and obligations of the parties involved. Key elements of a valid contract typically include offer, acceptance, consideration (something of value exchanged), and mutual intent to enter into the agreement.  PROPERTY LAW the area of law that governs the rights and responsibilities related to the ownership, use, and transfer of real and personal property.  ADMINISTRATIVE LAW is the body of law that governs the activities of administrative agencies of government. It encompasses the rules, regulations, and procedures created by these agencies to implement and enforce statutes enacted by the legislature. Administrative law deals with various areas, including rulemaking, adjudication, enforcement of regulatory agendas, and the oversight of government actions. JUSTICE, RIGHTS, AND FAIRNESS  JUSTICE is a foundational concept that refers to the fair and equitable treatment of individuals within a society. It encompasses the idea of moral righteousness and the principle that individuals should receive what they are due, whether in terms of rights, responsibilities, or punishment.  RIGHTS is a foundational concept that refers to the fair and equitable treatment of individuals within a society. It encompasses the idea of moral righteousness and the principle that individuals should receive what they are due, whether in terms of rights, responsibilities, or punishment.  FAIRNESS it refers to the principle of treating individuals equitably and without bias, ensuring that decisions and processes are just and impartial.  WELFARE generally refers to the health, happiness, and overall well-being of individuals or groups. It encompasses a range of social services and support systems designed to improve quality of life, particularly for those in need  ANOMIE a sociological concept that refers to a state of normlessness or breakdown of social norms and values within a society. It occurs when individuals feel disconnected from the collective conscience, leading to feelings of isolation and confusion about societal expectations. The term was popularized by sociologist Émile Durkheim, who linked it to social changes and crises, suggesting that anomie can lead to social instability and personal distress.  CONFORMITY is the act of matching one's beliefs, attitudes, or behaviors to group norms or expectations. It often arises from the desire for acceptance or to avoid conflict. Social psychologists study conformity to understand how group dynamics influence individual actions.  SOCIALIZATION is the lifelong process through which individuals learn and internalize the values, norms, and behaviors of their culture and society. It occurs through interactions with family, peers, schools, and media, shaping identity and social skills.  SOCIAL STRATIFICATION refers to the hierarchical arrangement of individuals or groups within a society based on various factors, such as wealth, power, prestige, and social class. It results in unequal access to resources and opportunities, impacting people's life chances and social mobility. Key systems of stratification include class systems, caste systems, and estate systems.  SOCIAL CONFLICT Refers to the struggle for power, resources, or status between groups or individuals in society. It can arise from differences in interests, values, or beliefs and is often rooted in social inequality. This concept is central to conflict theory, which examines how societal structures contribute to ongoing tensions.  SOCIAL CAPITAL refers to the networks, relationships, and norms that facilitate cooperation and collective action within a community. It emphasizes the value of social connections and trust in achieving shared goals and improving individual and community well-being. High social capital can lead to better social cohesion and resilience.  MAGNA CARTA in its role as a cornerstone for modern democracy and legal principles. It introduced the idea that the authority of the government is limited by law, establishing the concept of due process and individual rights. This document inspired later constitutional developments, including the United States Constitution and the Universal Declaration of Human Rights, and has become a symbol of the struggle against arbitrary power.  UNIVERSAL DECLARATION OF HUMAN RIGHTS in its role as a cornerstone for modern democracy and legal principles. It introduced the idea that the authority of the government is limited by law, establishing the concept of due process and individual rights. This document inspired later constitutional developments, including the United States Constitution and the Universal Declaration of Human Rights, and has become a symbol of the struggle against arbitrary power.  UNIVERSAL DECLARATION OF HUMAN RIGHTS a landmark document that outlines fundamental human rights to be universally protected. It encompasses a range of rights, including civil, political, economic, social, and cultural rights, emphasizing the inherent dignity of all individuals.  GENEVA CONVENTION are a series of international treaties established to protect individuals during armed conflicts, focusing on the treatment of wounded soldiers, prisoners of war, and civilians. Originally formulated in 1864 and updated through several revisions, the conventions set standards for humane treatment and care. They aim to limit the effects of war by ensuring that those not participating in hostilities are treated with dignity.  CIVIL RIGHTS are the personal liberties and freedoms that protect individuals from discrimination and ensure equal treatment under the law. These rights encompass various areas, including freedom of speech, the right to vote, the right to privacy, and protection against discrimination based on race, gender, religion, or disability.  POLITICAL RIGHTS are the rights that allow individuals to participate in the political life of their society, including the right to vote, run for public office, and engage in political discourse. These rights are essential for ensuring democracy and accountability within a government. PRINCIPLES IN LAW  PRINCIPLE OF PROPORTIONALITY is a legal and ethical doctrine that requires actions taken by authorities to be appropriate and not excessive in relation to their objectives. It is commonly used in constitutional law, international law, and human rights contexts to ensure that restrictions on rights are justified and balanced. This principle helps maintain fairness by weighing the benefits of an action against its potential harm.  PRINCIPLE OF NECESSITY legal and ethical doctrine that permits the restriction of rights or liberties only when absolutely necessary to achieve a legitimate aim. It asserts that any limitation on individual rights must be essential to address a specific situation and that no less intrusive alternatives are available.  PRINCIPLE OF LEGALITY known as "nullum crimen, nulla poena sine lege," asserts that no one can be punished under law unless their actions constituted a crime at the time they were committed.  INTRODUCTION Cahaya Dewi Dani Martinez Jayanti Utami Lorem ipsum dolor sit amet, consectetur adipiscing elit. Phasellus et iaculis mauris. Nam in facilisis lacus. Pellentesque dapibus diam erat, id tincidunt massa cursus eu. Vestibulum at eleifend nunc. Aenean pulvinar gravida bibendum. Phasellus auctor nunc sit amet sem tincidunt, tincidunt feugiat quam vestibulum. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Phasellus et iaculis mauris. Nam in facilisis lacus. Pellentesque dapibus diam erat, id tincidunt massa cursus eu. Vestibulum at eleifend nunc. Aenean pulvinar gravida bibendum. Phasellus auctor nunc sit amet sem tincidunt, tincidunt feugiat quam vestibulum. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Phasellus et iaculis mauris. Nam in facilisis lacus. Pellentesque dapibus diam erat, id tincidunt massa cursus eu. Vestibulum at eleifend nunc. Aenean pulvinar gravida bibendum. Phasellus auctor nunc sit amet sem tincidunt, tincidunt feugiat quam vestibulum. GOALS  DISCUSSION Lorem ipsum dolor sit amet, consectetur adipiscing elit. Phasellus et iaculis mauris. Nam in facilisis lacus. Pellentesque dapibus diam erat, id tincidunt massa cursus eu. Vestibulum at eleifend nunc. Aenean pulvinar gravida bibendum. Phasellus auctor nunc sit amet sem tincidunt, tincidunt feugiat quam vestibulum. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Phasellus et iaculis mauris. Nam in facilisis lacus. Pellentesque dapibus diam erat, id tincidunt massa cursus eu. Vestibulum at eleifend nunc. Aenean pulvinar gravida bibendum. Phasellus auctor nunc sit amet sem tincidunt, tincidunt feugiat quam vestibulum. ANALYSIS Lorem ipsum dolor sit amet, consectetur adipiscing elit. Phasellus et iaculis mauris. Nam in facilisis lacus. Pellentesque dapibus diam erat, id tincidunt massa cursus eu. Vestibulum at eleifend nunc. Aenean pulvinar gravida bibendum. Phasellus auctor nunc sit amet sem tincidunt, tincidunt feugiat quam vestibulum. CONCLUSION THANK YOU