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148-437: In law , higher order, overarching principles establish rules to be followed, modified by sentencing guidelines relating to context and proportionality. In science and nature, a principle may define the essential characteristics of the system, or reflect the system's designed purpose. The effective operation would be impossible if any one of the principles was to be ignored. A system may be explicitly based on and implemented from

296-644: A federal system (as in Australia, Germany or the United States) or different voting configuration in a unitary system (as in France). In the UK the upper house is appointed by the government as a house of review . One criticism of bicameral systems with two elected chambers is that the upper and lower houses may simply mirror one another. The traditional justification of bicameralism is that an upper chamber acts as

444-574: A gymnasium and a colonnade ( peripatos ), from which the school acquired the name Peripatetic . Aristotle conducted courses and research at the school for the next twelve years. He often lectured small groups of distinguished students and, along with some of them, such as Theophrastus , Eudemus , and Aristoxenus , Aristotle built a large library which included manuscripts, maps, and museum objects. While in Athens, his wife Pythias died and Aristotle became involved with Herpyllis of Stagira. They had

592-417: A parliamentary system , as with Britain, Italy, Germany, India, and Japan, the executive is known as the cabinet, and composed of members of the legislature. The executive is led by the head of government , whose office holds power under the confidence of the legislature. Because popular elections appoint political parties to govern, the leader of a party can change in between elections. The head of state

740-688: A ruler ') is a set of ordinances and regulations made by ecclesiastical authority , for the government of a Christian organisation or church and its members. It is the internal ecclesiastical law governing the Catholic Church , the Eastern Orthodox Church , the Oriental Orthodox Churches , and the individual national churches within the Anglican Communion . The way that such church law

888-440: A "common law" developed during the reign of Henry II during the late 12th century, when Henry appointed judges who had the authority to create an institutionalised and unified system of law common to the country. The next major step in the evolution of the common law came when King John was forced by his barons to sign a document limiting his authority to pass laws. This "great charter" or Magna Carta of 1215 also required that

1036-541: A "survival of the fittest" origin of living things and their organs, and ridiculed the idea that accidents could lead to orderly results. To put his views into modern terms, he nowhere says that different species can have a common ancestor , or that one kind can change into another , or that kinds can become extinct . Aristotle did not do experiments in the modern sense. He used the ancient Greek term pepeiramenoi to mean observations, or at most investigative procedures like dissection. In Generation of Animals , he finds

1184-425: A coercive way; it therefore acts as principle conditioning of the action that limits the liberty of the individuals. See, for examples, the territorial principle , homestead principle , and precautionary principle . Archimedes principle , relating buoyancy to the weight of displaced water, is an early example of a law in science. Another early one developed by Malthus is the population principle , now called

1332-533: A complex synthesis of the various philosophies existing prior to him. His teachings and methods of inquiry have had a significant impact across the world, and remain a subject of contemporary philosophical discussion. Aristotle's views profoundly shaped medieval scholarship . The influence of his physical science extended from late antiquity and the Early Middle Ages into the Renaissance , and

1480-562: A daughter whom they also named Pythias. In 343/42 BC, Aristotle was invited to Pella by Philip II of Macedon in order to become the tutor to his thirteen-year-old son Alexander ; a choice perhaps influenced by the relationship of Aristotle's family with the Macedonian dynasty. Aristotle taught Alexander at the private school of Mieza , in the gardens of the Nymphs , the royal estate near Pella. Alexander's education probably included

1628-504: A document of principles as was done in IBM's 360/370 Principles of Operation . It is important to differentiate an operational principle, including reference to 'first principles' from higher order 'guiding' or 'exemplary' principles, such as equality, justice and sustainability. Higher-order, 'superordinate' principles (Super-Ps) provide a basis for resolving differences and building agreement/alignment. Examples of principles are, entropy in

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1776-438: A fertilized hen's egg of a suitable stage and opens it to see the embryo's heart beating inside. Instead, he practiced a different style of science: systematically gathering data, discovering patterns common to whole groups of animals, and inferring possible causal explanations from these. This style is common in modern biology when large amounts of data become available in a new field, such as genomics . It does not result in

1924-497: A fluid such as air. In this system, heavy bodies in steady fall indeed travel faster than light ones (whether friction is ignored, or not ), and they do fall more slowly in a denser medium. Newton's "forced" motion corresponds to Aristotle's "violent" motion with its external agent, but Aristotle's assumption that the agent's effect stops immediately it stops acting (e.g., the ball leaves the thrower's hand) has awkward consequences: he has to suppose that surrounding fluid helps to push

2072-455: A house is the bricks, stones, timbers, etc., or whatever constitutes the potential house, while the form of the substance is the actual house, namely 'covering for bodies and chattels' or any other differentia that let us define something as a house. The formula that gives the components is the account of the matter, and the formula that gives the differentia is the account of the form. Like his teacher Plato, Aristotle's philosophy aims at

2220-442: A house of review. This can minimise arbitrariness and injustice in governmental action. To pass legislation, a majority of the members of a legislature must vote for a bill (proposed law) in each house. Normally there will be several readings and amendments proposed by the different political factions. If a country has an entrenched constitution, a special majority for changes to the constitution may be required, making changes to

2368-597: A linear scale, and noted various exceptions, such as that sharks had a placenta like the tetrapods. To a modern biologist, the explanation, not available to Aristotle, is convergent evolution . Philosophers of science have generally concluded that Aristotle was not interested in taxonomy, but zoologists who studied this question in the early 21st century think otherwise. He believed that purposive final causes guided all natural processes; this teleological view justified his observed data as an expression of formal design. Aristotle's psychology , given in his treatise On

2516-418: A mediator of relations between people. Legal systems vary between jurisdictions , with their differences analysed in comparative law . In civil law jurisdictions, a legislature or other central body codifies and consolidates the law. In common law systems, judges may make binding case law through precedent, although on occasion this may be overturned by a higher court or the legislature. Religious law

2664-415: A number of fields, least action in physics, those in descriptive comprehensive and fundamental law: doctrines or assumptions forming normative rules of conduct, separation of church and state in statecraft, the central dogma of molecular biology , fairness in ethics, etc. In common English, it is a substantive and collective term referring to rule governance, the absence of which, being "unprincipled",

2812-480: A number of subjects, such as ethics and politics , as well as standard literary texts, like Euripides and Homer . It is likely that during Aristotle's time in the Macedonian court, other prominent nobles, like Ptolemy and Cassander , would have occasionally attended his lectures. Aristotle encouraged Alexander toward eastern conquest, and his own attitude towards Persia was strongly ethnocentric . In one famous example, he counsels Alexander to be "a leader to

2960-435: A part of particular things. For example, it is possible that there is no particular good in existence, but "good" is still a proper universal form. Aristotle disagreed with Plato on this point, arguing that all universals are instantiated at some period of time, and that there are no universals that are unattached to existing things. In addition, Aristotle disagreed with Plato about the location of universals. Where Plato spoke of

3108-498: A priori principles. Aristotle's "natural philosophy" spans a wide range of natural phenomena including those now covered by physics, biology and other natural sciences. In Aristotle's terminology, "natural philosophy" is a branch of philosophy examining the phenomena of the natural world, and includes fields that would be regarded today as physics, biology and other natural sciences. Aristotle's work encompassed virtually all facets of intellectual inquiry. Aristotle makes philosophy in

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3256-621: A process of socialization . There is a presumption of liberty of individuals that is restrained. Exemplary principles include First, do no harm , the Golden Rule and the Doctrine of the Mean . It represents a set of values that inspire the written norms that organize the life of a society submitting to the powers of an authority, generally the State. The law establishes a legal obligation, in

3404-601: A process of reform, at least in terms of economic, if not social and political, rights. A new contract code in 1999 represented a move away from administrative domination. Furthermore, after negotiations lasting fifteen years, in 2001 China joined the World Trade Organization . In general, legal systems can be split between civil law and common law systems. Modern scholars argue that the significance of this distinction has progressively declined. The numerous legal transplants , typical of modern law, result in

3552-418: A property or a relation to other things. When one looks at an apple, for example, one sees an apple, and one can also analyse a form of an apple. In this distinction, there is a particular apple and a universal form of an apple. Moreover, one can place an apple next to a book, so that one can speak of both the book and apple as being next to each other. Plato argued that there are some universal forms that are not

3700-621: A set of six books called the Organon around 40 BC by Andronicus of Rhodes or others among his followers. The books are: The order of the books (or the teachings from which they are composed) is not certain, but this list was derived from analysis of Aristotle's writings. It goes from the basics, the analysis of simple terms in the Categories, the analysis of propositions and their elementary relations in On Interpretation , to

3848-549: A son whom Aristotle named after his father, Nicomachus . This period in Athens, between 335 and 323 BC, is when Aristotle is believed to have composed many of his philosophical works. He wrote many dialogues, of which only fragments have survived. Those works that have survived are in treatise form and were not, for the most part, intended for widespread publication; they are generally thought to be lecture aids for his students. His most important treatises include Physics , Metaphysics , Nicomachean Ethics , Politics , On

3996-562: A thrown stone, in the Physics (254b10), and "natural motion", such as of a falling object, in On the Heavens (300a20). In violent motion, as soon as the agent stops causing it, the motion stops also: in other words, the natural state of an object is to be at rest, since Aristotle does not address friction . With this understanding, it can be observed that, as Aristotle stated, heavy objects (on

4144-544: A woman with origins from Chalcis , Euboea . Nicomachus was said to have belonged to the medical guild of Asclepiadae and was likely responsible for Aristotle's early interest in biology and medicine. Ancient tradition held that Aristotle's family descended from the legendary physician Asclepius and his son Machaon . Both of Aristotle's parents died when he was still at a young age and Proxenus of Atarneus became his guardian. Although little information about Aristotle's childhood has survived, he probably spent some time in

4292-462: Is legislated , interpreted and at times adjudicated varies widely among these three bodies of churches. In all three traditions, a canon was originally a rule adopted by a church council ; these canons formed the foundation of canon law. The Catholic Church has the oldest continuously functioning legal system in the western world , predating the evolution of modern European civil law and common law systems. The 1983 Code of Canon Law governs

4440-425: Is a change where the substrate of the thing that has undergone the change has itself changed. In that particular change he introduces the concept of potentiality ( dynamis ) and actuality ( entelecheia ) in association with the matter and the form. Referring to potentiality, this is what a thing is capable of doing or being acted upon if the conditions are right and it is not prevented by something else. For example,

4588-499: Is a code of Jewish law that summarizes some of the Talmud's interpretations. A number of countries are sharia jurisdictions. Israeli law allows litigants to use religious laws only if they choose. Canon law is only in use by members of the Catholic Church , the Eastern Orthodox Church and the Anglican Communion . Canon law ( Ancient Greek : κανών , romanized :  kanon , lit.   'a straight measuring rod;

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4736-493: Is a direct relation between the predicate and the subject. To say that "the Earth is round", corresponds to a direct relation between the subject and the predicate. According to Aristotle , “It is impossible for the same thing to belong and not to belong at the same time to the same thing and in the same respect.” For example, it is not possible that in exactly the same moment and place, it rains and does not rain. The principle of

4884-454: Is a historical accident: his works on botany have been lost, but two books on plants by his pupil Theophrastus have survived. Aristotle reports on the sea-life visible from observation on Lesbos and the catches of fishermen. He describes the catfish , electric ray , and frogfish in detail, as well as cephalopods such as the octopus and paper nautilus . His description of the hectocotyl arm of cephalopods, used in sexual reproduction,

5032-458: Is a system of rules, divided into primary (rules of conduct) and secondary ones (rules addressed to officials to administer primary rules). Secondary rules are further divided into rules of adjudication (to resolve legal disputes), rules of change (allowing laws to be varied) and the rule of recognition (allowing laws to be identified as valid). Two of Hart's students continued the debate: In his book Law's Empire , Ronald Dworkin attacked Hart and

5180-419: Is also a final cause or end. Then Aristotle proceeds and concludes that the actuality is prior to potentiality in formula, in time and in substantiality. With this definition of the particular substance (i.e., matter and form), Aristotle tries to solve the problem of the unity of the beings, for example, "what is it that makes a man one"? Since, according to Plato there are two Ideas: animal and biped, how then

5328-472: Is an "authority" to mediate people's interests. Oliver Wendell Holmes defined law as "the prophecies of what the courts will do in fact, and nothing more pretentious." In his Treatise on Law , Thomas Aquinas argues that law is a rational ordering of things, which concern the common good, that is promulgated by whoever is charged with the care of the community. This definition has both positivist and naturalist elements. Definitions of law often raise

5476-733: Is apart from the executive, and symbolically enacts laws and acts as representative of the nation. Examples include the President of Germany (appointed by members of federal and state legislatures ), the Queen of the United Kingdom (an hereditary office ), and the President of Austria (elected by popular vote). The other important model is the presidential system , found in the United States and in Brazil . In presidential systems,

5624-513: Is authority, identifiable purely through social sources and without reference to moral reasoning. In his view, any categorisation of rules beyond their role as authoritative instruments in mediation is best left to sociology , rather than jurisprudence. The history of law links closely to the development of civilization . Ancient Egyptian law, dating as far back as 3000 BC, was based on the concept of Ma'at and characterised by tradition, rhetorical speech, social equality and impartiality. By

5772-407: Is considered a character defect. It may also be used to declare that a reality has diverged from some ideal or norm as when something is said to be true only "in principle" but not in fact. A principle represents values that orient and rule the conduct of persons in a particular society. To "act on principle" is to act in accordance with one's moral ideals. Principles are absorbed in childhood through

5920-436: Is in use in some religious communities and states, and has historically influenced secular law. The scope of law can be divided into two domains: public law concerns government and society, including constitutional law , administrative law , and criminal law ; while private law deals with legal disputes between parties in areas such as contracts , property , torts , delicts and commercial law . This distinction

6068-473: Is known about Aristotle's life. He was born in the city of Stagira in northern Greece during the Classical period . His father, Nicomachus , died when Aristotle was a child, and he was brought up by a guardian. At around eighteen years old, he joined Plato 's Academy in Athens and remained there until the age of thirty seven ( c.  347 BC ). Shortly after Plato died, Aristotle left Athens and, at

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6216-467: Is law?" There have been several attempts to produce "a universally acceptable definition of law". In 1972, Baron Hampstead suggested that no such definition could be produced. McCoubrey and White said that the question "what is law?" has no simple answer. Glanville Williams said that the meaning of the word "law" depends on the context in which that word is used. He said that, for example, " early customary law " and " municipal law " were contexts where

6364-541: Is man a unity? However, according to Aristotle, the potential being (matter) and the actual one (form) are one and the same. Aristotle's immanent realism means his epistemology is based on the study of things that exist or happen in the world, and rises to knowledge of the universal, whereas for Plato epistemology begins with knowledge of universal Forms (or ideas) and descends to knowledge of particular imitations of these. Aristotle uses induction from examples alongside deduction , whereas Plato relies on deduction from

6512-543: Is stronger in civil law countries, particularly those with a separate system of administrative courts ; by contrast, the public-private law divide is less pronounced in common law jurisdictions. Law provides a source of scholarly inquiry into legal history , philosophy , economic analysis and sociology . Law also raises important and complex issues concerning equality, fairness, and justice . The word law , attested in Old English as lagu , comes from

6660-441: Is that law is a system of rules and guidelines which are enforced through social institutions to govern behaviour. In The Concept of Law , H. L. A. Hart argued that law is a "system of rules"; John Austin said law was "the command of a sovereign, backed by the threat of a sanction"; Ronald Dworkin describes law as an "interpretive concept" to achieve justice in his text titled Law's Empire ; and Joseph Raz argues law

6808-1060: Is the Supreme Court ; in Australia, the High Court ; in India, the Supreme Court of India ; in the UK, the Supreme Court ; in Germany, the Bundesverfassungsgericht ; and in France, the Cour de Cassation . For most European countries the European Court of Justice in Luxembourg can overrule national law, when EU law is relevant. The European Court of Human Rights in Strasbourg allows citizens of

6956-413: Is the fulfilment of the end of the potentiality. Because the end ( telos ) is the principle of every change, and potentiality exists for the sake of the end, actuality, accordingly, is the end. Referring then to the previous example, it can be said that an actuality is when a plant does one of the activities that plants do. For that for the sake of which ( to hou heneka ) a thing is, is its principle, and

7104-490: Is the legal systems in communist states such as the former Soviet Union and the People's Republic of China . Academic opinion is divided on whether it is a separate system from civil law, given major deviations based on Marxist–Leninist ideology, such as subordinating the judiciary to the executive ruling party. There are distinguished methods of legal reasoning (applying the law) and methods of interpreting (construing)

7252-515: Is to make laws, since they are acts of the general will ; nor whether the prince is above the law, since he is a member of the State; nor whether the law can be unjust, since no one is unjust to himself; nor how we can be both free and subject to the laws, since they are but registers of our wills. Jean-Jacques Rousseau, The Social Contract , II, 6. The philosophy of law is commonly known as jurisprudence. Normative jurisprudence asks "what should law be?", while analytic jurisprudence asks "what

7400-701: The Manusmriti (c. 100–300 AD) were foundational treatises in India, and comprise texts considered authoritative legal guidance. Manu's central philosophy was tolerance and pluralism , and was cited across Southeast Asia. During the Muslim conquests in the Indian subcontinent , sharia was established by the Muslim sultanates and empires, most notably Mughal Empire 's Fatawa-e-Alamgiri , compiled by emperor Aurangzeb and various scholars of Islam. In India,

7548-459: The "is" and what "ought to be" problem. Bentham and Austin argued for law's positivism ; that real law is entirely separate from "morality". Kant was also criticised by Friedrich Nietzsche , who rejected the principle of equality, and believed that law emanates from the will to power , and cannot be labeled as "moral" or "immoral". In 1934, the Austrian philosopher Hans Kelsen continued

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7696-504: The Codex Hammurabi . The most intact copy of these stelae was discovered in the 19th century by British Assyriologists , and has since been fully transliterated and translated into various languages, including English, Italian, German, and French. The Old Testament dates back to 1280 BC and takes the form of moral imperatives as recommendations for a good society. The small Greek city-state, ancient Athens , from about

7844-611: The Council of Europe member states to bring cases relating to human rights issues before it. Some countries allow their highest judicial authority to overrule legislation they determine to be unconstitutional . For example, in Brown v. Board of Education , the United States Supreme Court nullified many state statutes that had established racially segregated schools, finding such statutes to be incompatible with

7992-419: The Early Middle Ages , Roman law was rediscovered around the 11th century when medieval legal scholars began to research Roman codes and adapt their concepts to the canon law , giving birth to the jus commune . Latin legal maxims (called brocards ) were compiled for guidance. In medieval England, royal courts developed a body of precedent which later became the common law . A Europe-wide Law Merchant

8140-652: The Early Modern period. John Philoponus (in Late antiquity ) and Galileo (in Early modern period ) are said to have shown by experiment that Aristotle's claim that a heavier object falls faster than a lighter object is incorrect. A contrary opinion is given by Carlo Rovelli , who argues that Aristotle's physics of motion is correct within its domain of validity, that of objects in the Earth 's gravitational field immersed in

8288-577: The English Court of Common Pleas had five. This powerful and tight-knit judiciary gave rise to a systematised process of developing common law. As time went on, many felt that the common law was overly systematised and inflexible, and increasing numbers of citizens petitioned the King to override the common law. On the King's behalf, the Lord Chancellor started giving judgments to do what

8436-1251: The Enlightenment . Then, in the 19th century, both France, with the Code Civil , and Germany, with the Bürgerliches Gesetzbuch , modernised their legal codes. Both these codes heavily influenced not only the law systems of the countries in continental Europe but also the Japanese and Korean legal traditions. Today, countries that have civil law systems range from Russia and Turkey to most of Central and Latin America . In common law legal systems, decisions by courts are explicitly acknowledged as "law" on equal footing with legislative statutes and executive regulations . The "doctrine of precedent", or stare decisis (Latin for "to stand by decisions") means that decisions by higher courts bind lower courts to assure that similar cases reach similar results. In contrast , in civil law systems, legislative statutes are typically more detailed, and judicial decisions are shorter and less detailed because

8584-571: The Fourteenth Amendment to the United States Constitution . A judiciary is theoretically bound by the constitution, just as all other government bodies are. In most countries judges may only interpret the constitution and all other laws. But in common law countries, where matters are not constitutional, the judiciary may also create law under the doctrine of precedent . The UK, Finland and New Zealand assert

8732-668: The French , but mostly the German Civil Code. This partly reflected Germany's status as a rising power in the late 19th century. Similarly, traditional Chinese law gave way to westernisation towards the final years of the Qing Dynasty in the form of six private law codes based mainly on the Japanese model of German law. Today Taiwanese law retains the closest affinity to the codifications from that period, because of

8880-525: The Great Comet of 371 BC . Aristotle was one of the first people to record any geological observations. He stated that geological change was too slow to be observed in one person's lifetime. The geologist Charles Lyell noted that Aristotle described such change, including "lakes that had dried up" and "deserts that had become watered by rivers", giving as examples the growth of the Nile delta since

9028-538: The Hindu legal tradition, along with Islamic law, were both supplanted by common law when India became part of the British Empire . Malaysia, Brunei, Singapore and Hong Kong also adopted the common law system. The Eastern Asia legal tradition reflects a unique blend of secular and religious influences. Japan was the first country to begin modernising its legal system along Western lines, by importing parts of

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9176-476: The History of Animals in a graded scale of perfection, a nonreligious version of the scala naturae , with man at the top. His system had eleven grades of animal, from highest potential to lowest, expressed in their form at birth: the highest gave live birth to hot and wet creatures, the lowest laid cold, dry mineral-like eggs. Animals came above plants , and these in turn were above minerals. He grouped what

9324-679: The Latin Church sui juris . The Eastern Catholic Churches, which developed different disciplines and practices, are governed by the Code of Canons of the Eastern Churches . The canon law of the Catholic Church influenced the common law during the medieval period through its preservation of Roman law doctrine such as the presumption of innocence . Roman Catholic canon law is a fully developed legal system, with all

9472-553: The Macedonian capital, making his first connections with the Macedonian monarchy . At the age of seventeen or eighteen, Aristotle moved to Athens to continue his education at Plato's Academy . He became distinguished as a researcher and lecturer, earning for himself the nickname "mind of the school" by his tutor Plato . In Athens, he probably experienced the Eleusinian Mysteries as he wrote when describing

9620-472: The Malthusian principle . Freud also wrote on principles, especially the reality principle necessary to keep the id and pleasure principle in check. Biologists use the principle of priority and principle of Binominal nomenclature for precision in naming species . There are many principles observed in physics, notably in cosmology which observes the mediocrity principle , the anthropic principle ,

9768-456: The Milky Way was made up of "those stars which are shaded by the earth from the sun's rays," pointing out partly correctly that if "the size of the sun is greater than that of the earth and the distance of the stars from the earth many times greater than that of the sun, then... the sun shines on all the stars and the earth screens none of them." He also wrote descriptions of comets, including

9916-479: The Old Norse word lǫg . The singular form lag meant ' something laid or fixed ' while its plural meant ' law ' . But what, after all, is a law? [...] When I say that the object of laws is always general, I mean that law considers subjects en masse and actions in the abstract, and never a particular person or action. [...] On this view, we at once see that it can no longer be asked whose business it

10064-508: The Physics (215a25), Aristotle effectively states a quantitative law, that the speed, v, of a falling body is proportional (say, with constant c) to its weight, W, and inversely proportional to the density, ρ, of the fluid in which it is falling:; Aristotle implies that in a vacuum the speed of fall would become infinite, and concludes from this apparent absurdity that a vacuum is not possible. Opinions have varied on whether Aristotle intended to state quantitative laws. Henri Carteron held

10212-622: The Quran has some law, and it acts as a source of further law through interpretation, Qiyas (reasoning by analogy), Ijma (consensus) and precedent . This is mainly contained in a body of law and jurisprudence known as Sharia and Fiqh respectively. Another example is the Torah or Old Testament , in the Pentateuch or Five Books of Moses. This contains the basic code of Jewish law, which some Israeli communities choose to use. The Halakha

10360-681: The absolutist theory of Thomas Hobbes ' Leviathan . Sun Yat-sen 's Five Power Constitution for the Republic of China took the separation of powers further by having two additional branches of government—a Control Yuan for auditing oversight and an Examination Yuan to manage the employment of public officials. Max Weber and others reshaped thinking on the extension of state. Modern military, policing and bureaucratic power over ordinary citizens' daily lives pose special problems for accountability that earlier writers such as Locke or Montesquieu could not have foreseen. The custom and practice of

10508-451: The principle of relativity and the cosmological principle . Other well-known principles include the uncertainty principle in quantum mechanics and the pigeonhole principle and superposition principle in mathematics. The principle states that every event has a rational explanation. The principle has a variety of expressions, all of which are perhaps best summarized by the following: However, one realizes that in every sentence there

10656-412: The universal . Aristotle's ontology places the universal ( katholou ) in particulars ( kath' hekaston ), things in the world, whereas for Plato the universal is a separately existing form which actual things imitate. For Aristotle, "form" is still what phenomena are based on, but is "instantiated" in a particular substance. Plato argued that all things have a universal form , which could be either

10804-597: The "basic pattern of legal reasoning is reasoning by example"—that is, reasoning by comparing outcomes in cases resolving similar legal questions. In a U.S. Supreme Court case regarding procedural efforts taken by a debt collection company to avoid errors, Justice Sotomayor cautioned that "legal reasoning is not a mechanical or strictly linear process". Jurimetrics is the formal application of quantitative methods, especially probability and statistics , to legal questions. The use of statistical methods in court cases and law review articles has grown massively in importance in

10952-519: The "extreme view" that Aristotle's concept of force was basically qualitative, but other authors reject this. Archimedes corrected Aristotle's theory that bodies move towards their natural resting places; metal boats can float if they displace enough water ; floating depends in Archimedes' scheme on the mass and volume of the object, not, as Aristotle thought, its elementary composition. Aristotle's writings on motion remained influential until

11100-424: The 22nd century BC, the ancient Sumerian ruler Ur-Nammu had formulated the first law code , which consisted of casuistic statements ("if … then ..."). Around 1760 BC, King Hammurabi further developed Babylonian law , by codifying and inscribing it in stone. Hammurabi placed several copies of his law code throughout the kingdom of Babylon as stelae , for the entire public to see; this became known as

11248-474: The 6th century, which were rediscovered by 11th century Italy. Roman law in the days of the Roman Republic and Empire was heavily procedural, and lacked a professional legal class. Instead a lay magistrate , iudex , was chosen to adjudicate. Decisions were not published in any systematic way, so any case law that developed was disguised and almost unrecognised. Each case was to be decided afresh from

11396-431: The 8th century BC was the first society to be based on broad inclusion of its citizenry, excluding women and enslaved people . However, Athens had no legal science or single word for "law", relying instead on the three-way distinction between divine law ( thémis ), human decree ( nomos ) and custom ( díkē ). Yet Ancient Greek law contained major constitutional innovations in the development of democracy . Roman law

11544-527: The Colonies , were composed by the philosopher for the young prince. After Philip II's assassination in 336 BC, Aristotle returned to Athens for the second and final time a year later. As a metic , Aristotle could not own property in Athens and thus rented a building known as the Lyceum (named after the sacred grove of Apollo Lykeios ), in which he established his own school. The building included

11692-610: The Greeks and a despot to the barbarians". Alexander's education under the guardianship of Aristotle likely lasted for only a few years, as at around the age of sixteen he returned to Pella and was appointed regent of Macedon by his father Philip. During this time, Aristotle is said to have gifted Alexander an annotated copy of the Iliad , which reportedly became one of Alexander's most prized possessions. Scholars speculate that two of Aristotle's now lost works, On kingship and On behalf of

11840-493: The King's entourage of judges hold their courts and judgments at "a certain place" rather than dispensing autocratic justice in unpredictable places about the country. A concentrated and elite group of judges acquired a dominant role in law-making under this system, and compared to its European counterparts the English judiciary became highly centralised. In 1297, for instance, while the highest court in France had fifty-one judges,

11988-771: The Persians, and philosophical questions, like the definition of braveness. A widespread speculation in antiquity suggested that Aristotle played a role in Alexander's death, but the only evidence of this is an unlikely claim made some six years after the death. Following Alexander's death, anti-Macedonian sentiment in Athens was rekindled. In 322 BC, Demophilus and Eurymedon the Hierophant reportedly denounced Aristotle for impiety, prompting him to flee to his mother's family estate in Chalcis, Euboea , at which occasion he

12136-510: The Quran as its constitution , and is governed on the basis of Islamic law. Iran has also witnessed a reiteration of Islamic law into its legal system after 1979. During the last few decades, one of the fundamental features of the movement of Islamic resurgence has been the call to restore the Sharia, which has generated a vast amount of literature and affected world politics . Socialist law

12284-1348: The Sharia: the Supreme Constitutional Court of Egypt may invalidate such laws, and in Iran the Guardian Council ensures the compatibility of the legislation with the "criteria of Islam". Prominent examples of legislatures are the Houses of Parliament in London, the Congress in Washington, D.C., the Bundestag in Berlin, the Duma in Moscow, the Parlamento Italiano in Rome and the Assemblée nationale in Paris. By

12432-491: The Soul and Poetics . Aristotle studied and made significant contributions to "logic, metaphysics, mathematics, physics, biology, botany, ethics, politics, agriculture, medicine, dance, and theatre." While Alexander deeply admired Aristotle, near the end of his life, the two men became estranged having diverging opinions over issues, like the optimal administration of city-states, the treatment of conquered populations, such as

12580-430: The U.S. , the two systems were merged . In developing the common law, academic writings have always played an important part, both to collect overarching principles from dispersed case law and to argue for change. William Blackstone , from around 1760, was the first scholar to collect, describe, and teach the common law. But merely in describing, scholars who sought explanations and underlying structures slowly changed

12728-576: The adjudicator is only writing to decide the single case, rather than to set out reasoning that will guide future courts. Common law originated from England and has been inherited by almost every country once tied to the British Empire (except Malta, Scotland , the U.S. state of Louisiana , and the Canadian province of Quebec ). In medieval England during the Norman conquest , the law varied shire-to-shire based on disparate tribal customs. The concept of

12876-494: The ball along to make it continue to rise even though the hand is no longer acting on it, resulting in the Medieval theory of impetus . Aristotle suggested that the reason for anything coming about can be attributed to four different types of simultaneously active factors. His term aitia is traditionally translated as "cause", but it does not always refer to temporal sequence; it might be better translated as "explanation", but

13024-399: The becoming is for the sake of the end; and the actuality is the end, and it is for the sake of this that the potentiality is acquired. For animals do not see in order that they may have sight, but they have sight that they may see. In summary, the matter used to make a house has potentiality to be a house and both the activity of building and the form of the final house are actualities, which

13172-574: The broad sense coextensive with reasoning, which he also would describe as "science". However, his use of the term science carries a different meaning than that covered by the term "scientific method". For Aristotle, "all science ( dianoia ) is either practical, poetical or theoretical" ( Metaphysics 1025b25). His practical science includes ethics and politics; his poetical science means the study of fine arts including poetry; his theoretical science covers physics, mathematics and metaphysics. In his On Generation and Corruption , Aristotle related each of

13320-433: The cause of earthquakes was a gas or vapor ( anathymiaseis ) that was trapped inside the earth and trying to escape, following other Greek authors Anaxagoras , Empedocles and Democritus . Aristotle also made many observations about the hydrologic cycle. For example, he made some of the earliest observations about desalination: he observed early – and correctly – that when seawater is heated, freshwater evaporates and that

13468-410: The composite natural ones, the study of nature would be the primary kind of knowledge; but if there is some motionless independent thing, the knowledge of this precedes it and is first philosophy, and it is universal in just this way , because it is first. And it belongs to this sort of philosophy to study being as being, both what it is and what belongs to it just by virtue of being. Aristotle examines

13616-406: The concepts of substance ( ousia ) and essence ( to ti ên einai , "the what it was to be") in his Metaphysics (Book VII), and he concludes that a particular substance is a combination of both matter and form, a philosophical theory called hylomorphism . In Book VIII, he distinguishes the matter of the substance as the substratum , or the stuff of which it is composed. For example, the matter of

13764-399: The data to come to the theory of evolution . Aristotle's writings can seem to modern readers close to implying evolution, but while Aristotle was aware that new mutations or hybridizations could occur, he saw these as rare accidents. For Aristotle, accidents, like heat waves in winter, must be considered distinct from natural causes. He was thus critical of Empedocles's materialist theory of

13912-586: The defining features of any legal system. Civil law is the legal system used in most countries around the world today. In civil law the sources recognised as authoritative are, primarily, legislation —especially codifications in constitutions or statutes passed by government—and custom . Codifications date back millennia, with one early example being the Babylonian Codex Hammurabi . Modern civil law systems essentially derive from legal codes issued by Byzantine Emperor Justinian I in

14060-455: The details of Aristotle's life are not well-established. The biographies written in ancient times are often speculative and historians only agree on a few salient points. Aristotle was born in 384 BC in Stagira , Chalcidice , about 55 km (34 miles) east of modern-day Thessaloniki . He was the son of Nicomachus , the personal physician of King Amyntas of Macedon , and Phaestis,

14208-491: The earliest study of formal logic, and his conception of it was the dominant form of Western logic until 19th-century advances in mathematical logic . Kant stated in the Critique of Pure Reason that with Aristotle, logic reached its completion. Most of Aristotle's work is probably not in its original form, because it was most likely edited by students and later lecturers. The logical works of Aristotle were compiled into

14356-426: The excluding third or "principium tertium exclusum" is a principle of the traditional logic formulated canonically by Leibniz as: either A is B or A isn't B . It is read the following way: either P is true, or its denial ¬ P is. It is also known as " tertium non datur " ('A third (thing) is not'). Classically it is considered to be one of the most important fundamental principles or laws of thought (along with

14504-406: The executive acts as both head of state and head of government, and has power to appoint an unelected cabinet. Under a presidential system, the executive branch is separate from the legislature to which it is not accountable. Although the role of the executive varies from country to country, usually it will propose the majority of legislation, and propose government agenda. In presidential systems,

14652-535: The executive often has the power to veto legislation. Most executives in both systems are responsible for foreign relations , the military and police, and the bureaucracy. Ministers or other officials head a country's public offices, such as a foreign ministry or defence ministry . The election of a different executive is therefore capable of revolutionising an entire country's approach to government. Aristotle Aristotle ( Attic Greek : Ἀριστοτέλης , romanized:  Aristotélēs ; 384–322 BC)

14800-414: The executive through decrees and regulations ; or by judges' decisions, which form precedent in common law jurisdictions. An autocrat may exercise those functions within their realm. The creation of laws themselves may be influenced by a constitution , written or tacit, and the rights encoded therein. The law shapes politics , economics , history and society in various ways and also serves as

14948-442: The first century AD editor who assembled various small selections of Aristotle's works to create the treatise we know by the name Metaphysics . Aristotle called it "first philosophy", and distinguished it from mathematics and natural science (physics) as the contemplative ( theoretikē ) philosophy which is "theological" and studies the divine. He wrote in his Metaphysics (1026a16): If there were no other independent things besides

15096-533: The following. Brood size decreases with (adult) body mass, so that an elephant has fewer young (usually just one) per brood than a mouse. Lifespan increases with gestation period , and also with body mass, so that elephants live longer than mice, have a longer period of gestation, and are heavier. As a final example, fecundity decreases with lifespan, so long-lived kinds like elephants have fewer young in total than short-lived kinds like mice. Aristotle distinguished about 500 species of animals , arranging these in

15244-531: The forms as existing separately from the things that participate in them, Aristotle maintained that universals exist within each thing on which each universal is predicated. So, according to Aristotle, the form of apple exists within each apple, rather than in the world of the forms. Concerning the nature of change ( kinesis ) and its causes, as he outlines in his Physics and On Generation and Corruption ( 319b–320a), he distinguishes coming-to-be ( genesis , also translated as 'generation') from: Coming-to-be

15392-515: The four elements proposed earlier by Empedocles , earth , water , air , and fire , to two of the four sensible qualities, hot, cold, wet, and dry. In the Empedoclean scheme, all matter was made of the four elements, in differing proportions. Aristotle's scheme added the heavenly aether , the divine substance of the heavenly spheres , stars and planets. Aristotle describes two kinds of motion: "violent" or "unnatural motion", such as that of

15540-902: The golden age of Roman law and aimed to restore it to the peak it had reached three centuries before." The Justinian Code remained in force in the East until the fall of the Byzantine Empire . Western Europe, meanwhile, relied on a mix of the Theodosian Code and Germanic customary law until the Justinian Code was rediscovered in the 11th century, which scholars at the University of Bologna used to interpret their own laws. Civil law codifications based closely on Roman law, alongside some influences from religious laws such as canon law , continued to spread throughout Europe until

15688-428: The ground, say) require more force to make them move; and objects pushed with greater force move faster. This would imply the equation incorrect in modern physics. Natural motion depends on the element concerned: the aether naturally moves in a circle around the heavens, while the 4 Empedoclean elements move vertically up (like fire, as is observed) or down (like earth) towards their natural resting places. In

15836-639: The head of the Lyceum, who in turn passed them down to Neleus of Scepsis in Asia Minor. There, the papers remained hidden for protection until they were purchased by the collector Apellicon . In the meantime, many copies of Aristotle's major works had already begun to circulate and be used in the Lyceum of Athens, Alexandria , and later in Rome . With the Prior Analytics , Aristotle is credited with

15984-530: The idea of the rule of law because he did not accept the primacy of abstract normative principles over concrete political positions and decisions. Therefore, Schmitt advocated a jurisprudence of the exception ( state of emergency ), which denied that legal norms could encompass all of the political experience. Later in the 20th century, H. L. A. Hart attacked Austin for his simplifications and Kelsen for his fiction in The Concept of Law . Hart argued law

16132-428: The ideal of parliamentary sovereignty , whereby the unelected judiciary may not overturn law passed by a democratic legislature. In communist states , such as China, the courts are often regarded as parts of the executive, or subservient to the legislature; governmental institutions and actors exert thus various forms of influence on the judiciary. In Muslim countries, courts often examine whether state laws adhere to

16280-440: The image. According to Aristotle, spontaneity and chance are causes of some things, distinguishable from other types of cause such as simple necessity. Chance as an incidental cause lies in the realm of accidental things , "from what is spontaneous". There is also more a specific kind of chance, which Aristotle names "luck", that only applies to people's moral choices. In astronomy , Aristotle refuted Democritus 's claim that

16428-564: The last few decades. It is a real unity of them all in one and the same person, made by covenant of every man with every man, in such manner as if every man should say to every man: I authorise and give up my right of governing myself to this man, or to this assembly of men, on this condition; that thou givest up, thy right to him, and authorise all his actions in like manner. Thomas Hobbes, Leviathan , XVII The main institutions of law in industrialised countries are independent courts , representative parliaments, an accountable executive,

16576-513: The law more difficult. A government usually leads the process, which can be formed from Members of Parliament (e.g. the UK or Germany). However, in a presidential system, the government is usually formed by an executive and his or her appointed cabinet officials (e.g. the United States or Brazil). The executive in a legal system serves as the centre of political authority of the State . In

16724-734: The law. The former are legal syllogism , which holds sway in civil law legal systems, analogy , which is present in common law legal systems, especially in the US, and argumentative theories that occur in both systems. The latter are different rules (directives) of legal interpretation such as directives of linguistic interpretation, teleological interpretation or systemic interpretation as well as more specific rules, for instance, golden rule or mischief rule . There are also many other arguments and cannons of interpretation which altogether make statutory interpretation possible. Law professor and former United States Attorney General Edward H. Levi noted that

16872-597: The laws of the State, which mirrors the (theoretical) unimportance of judges' decisions for future cases in civil law systems today. From 529 to 534 AD the Byzantine Emperor Justinian I codified and consolidated Roman law up until that point, so that what remained was one-twentieth of the mass of legal texts from before. This became known as the Corpus Juris Civilis . As one legal historian wrote, "Justinian consciously looked back to

17020-426: The legal profession is an important part of people's access to justice , whilst civil society is a term used to refer to the social institutions, communities and partnerships that form law's political basis. A judiciary is a number of judges mediating disputes to determine outcome. Most countries have systems of appeal courts, with an apex court as the ultimate judicial authority. In the United States, this authority

17168-472: The mid-1940s, efforts have been made, in country after country, to bring Sharia law more into line with modern conditions and conceptions. In modern times, the legal systems of many Muslim countries draw upon both civil and common law traditions as well as Islamic law and custom. The constitutions of certain Muslim states, such as Egypt and Afghanistan, recognise Islam as the religion of the state, obliging legislature to adhere to Sharia. Saudi Arabia recognises

17316-520: The military and police, bureaucratic organisation, the legal profession and civil society itself. John Locke, in his Two Treatises of Government , and Baron de Montesquieu in The Spirit of the Laws , advocated for a separation of powers between the political, legislature and executive bodies. Their principle was that no person should be able to usurp all powers of the state , in contrast to

17464-468: The modern zoologist would call vertebrates as the hotter "animals with blood", and below them the colder invertebrates as "animals without blood". Those with blood were divided into the live-bearing ( mammals ), and the egg-laying ( birds , reptiles , fish ). Those without blood were insects, crustacea (non-shelled – cephalopods, and shelled ) and the hard-shelled molluscs ( bivalves and gastropods ). He recognised that animals did not exactly fit into

17612-676: The most influential. In contrast to English common law, which consists of enormous tomes of case law, codes in small books are easy to export and easy for judges to apply. However, today there are signs that civil and common law are converging. EU law is codified in treaties, but develops through de facto precedent laid down by the European Court of Justice . Ancient India and China represent distinct traditions of law, and have historically had independent schools of legal theory and practice. The Arthashastra , probably compiled around 100 AD (although it contains older material), and

17760-512: The necessary elements: courts , lawyers , judges, a fully articulated legal code, principles of legal interpretation, and coercive penalties, though it lacks civilly-binding force in most secular jurisdictions. Until the 18th century, Sharia law was practiced throughout the Muslim world in a non-codified form, with the Ottoman Empire 's Mecelle code in the 19th century being a first attempt at codifying elements of Sharia law. Since

17908-538: The notion of justice, and re-entered the mainstream of Western culture through the writings of Thomas Aquinas , notably his Treatise on Law . Hugo Grotius , the founder of a purely rationalistic system of natural law, argued that law arises from both a social impulse—as Aristotle had indicated—and reason. Immanuel Kant believed a moral imperative requires laws "be chosen as though they should hold as universal laws of nature". Jeremy Bentham and his student Austin, following David Hume , believed that this conflated

18056-404: The oceans are then replenished by the cycle of rainfall and river runoff ("I have proved by experiment that salt water evaporated forms fresh and the vapor does not when it condenses condense into sea water again.") Aristotle was the first person to study biology systematically, and biology forms a large part of his writings. He spent two years observing and describing the zoology of Lesbos and

18204-407: The poet Dante called him "the master of those who know". His works contain the earliest known formal study of logic, and were studied by medieval scholars such as Peter Abelard and Jean Buridan . Aristotle's influence on logic continued well into the 19th century. In addition, his ethics , although always influential, gained renewed interest with the modern advent of virtue ethics . In general,

18352-570: The positivist tradition in his book the Pure Theory of Law . Kelsen believed that although law is separate from morality, it is endowed with "normativity", meaning we ought to obey it. While laws are positive "is" statements (e.g. the fine for reversing on a highway is €500); law tells us what we "should" do. Thus, each legal system can be hypothesised to have a ' basic norm ' ( German : Grundnorm ) instructing us to obey. Kelsen's major opponent, Carl Schmitt , rejected both positivism and

18500-490: The positivists for their refusal to treat law as a moral issue. Dworkin argues that law is an " interpretive concept" that requires judges to find the best fitting and most just solution to a legal dispute, given their Anglo-American constitutional traditions. Joseph Raz , on the other hand, defended the positivist outlook and criticised Hart's "soft social thesis" approach in The Authority of Law . Raz argues that law

18648-416: The principle of representative government people vote for politicians to carry out their wishes. Although countries like Israel, Greece, Sweden and China are unicameral , most countries are bicameral , meaning they have two separately appointed legislative houses. In the 'lower house' politicians are elected to represent smaller constituencies . The 'upper house' is usually elected to represent states in

18796-436: The principles of identity, non-contradiction and sufficient reason). Law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a legislature , resulting in statutes ; by

18944-469: The question of the extent to which law incorporates morality. John Austin 's utilitarian answer was that law is "commands, backed by threat of sanctions, from a sovereign, to whom people have a habit of obedience". Natural lawyers , on the other hand, such as Jean-Jacques Rousseau , argue that law reflects essentially moral and unchangeable laws of nature. The concept of "natural law" emerged in ancient Greek philosophy concurrently and in connection with

19092-457: The request of Philip II of Macedon , tutored his son Alexander the Great beginning in 343 BC. He established a library in the Lyceum, which helped him to produce many of his hundreds of books on papyrus scrolls . Though Aristotle wrote many treatises and dialogues for publication, only around a third of his original output has survived , none of it intended for publication. Aristotle provided

19240-433: The same certainty as experimental science, but it sets out testable hypotheses and constructs a narrative explanation of what is observed. In this sense, Aristotle's biology is scientific. From the data he collected and documented, Aristotle inferred quite a number of rules relating the life-history features of the live-bearing tetrapods (terrestrial placental mammals) that he studied. Among these correct predictions are

19388-439: The seed of a plant in the soil is potentially ( dynamei ) a plant, and if it is not prevented by something, it will become a plant. Potentially, beings can either 'act' ( poiein ) or 'be acted upon' ( paschein ), which can be either innate or learned. For example, the eyes possess the potentiality of sight (innate – being acted upon), while the capability of playing the flute can be possessed by learning (exercise – acting). Actuality

19536-402: The sharing of many features traditionally considered typical of either common law or civil law. The third type of legal system is religious law, based on scriptures . The specific system that a country is ruled by is often determined by its history, connections with other countries, or its adherence to international standards. The sources that jurisdictions adopt as authoritatively binding are

19684-706: The sights one viewed at the Mysteries, "to experience is to learn" ( παθεĩν μαθεĩν ). Aristotle remained in Athens for nearly twenty years before leaving in 348/47 BC after Plato's death. The traditional story about his departure records that he was disappointed with the Academy's direction after control passed to Plato's nephew Speusippus , although it is possible that the anti-Macedonian sentiments in Athens could have also influenced his decision. Aristotle left with Xenocrates to Assos in Asia Minor , where he

19832-458: The split between Chiang Kai-shek 's nationalists, who fled there, and Mao Zedong 's communists who won control of the mainland in 1949. The current legal infrastructure in the People's Republic of China was heavily influenced by Soviet Socialist law , which essentially prioritises administrative law at the expense of private law rights. Due to rapid industrialisation, today China is undergoing

19980-756: The study of more complex forms, namely, syllogisms (in the Analytics ) and dialectics (in the Topics and Sophistical Refutations ). The first three treatises form the core of the logical theory stricto sensu : the grammar of the language of logic and the correct rules of reasoning. The Rhetoric is not conventionally included, but it states that it relies on the Topics . What is today called Aristotelian logic with its types of syllogism (methods of logical argument), Aristotle himself would have labelled "analytics". The term "logic" he reserved to mean dialectics . The word "metaphysics" appears to have been coined by

20128-558: The surrounding seas, including in particular the Pyrrha lagoon in the centre of Lesbos. His data in History of Animals , Generation of Animals , Movement of Animals , and Parts of Animals are assembled from his own observations, statements given by people with specialized knowledge, such as beekeepers and fishermen, and less accurate accounts provided by travellers from overseas. His apparent emphasis on animals rather than plants

20276-475: The time of Homer , and "the upheaving of one of the Aeolian islands , previous to a volcanic eruption ."' Meteorologica lends its name to the modern study of meteorology, but its modern usage diverges from the content of Aristotle's ancient treatise on meteors . The ancient Greeks did use the term for a range of atmospheric phenomena, but also for earthquakes and volcanic eruptions. Aristotle proposed that

20424-478: The traditional rendering will be employed here. Aristotle describes experiments in optics using a camera obscura in Problems , book 15. The apparatus consisted of a dark chamber with a small aperture that let light in. With it, he saw that whatever shape he made the hole, the sun's image always remained circular. He also noted that increasing the distance between the aperture and the image surface magnified

20572-621: The way the law actually worked. Religious law is explicitly based on religious precepts. Examples include the Jewish Halakha and Islamic Sharia —both of which translate as the "path to follow". Christian canon law also survives in some church communities. Often the implication of religion for law is unalterability because the word of God cannot be amended or legislated against by judges or governments. Nonetheless, most religious jurisdictions rely on further human elaboration to provide for thorough and detailed legal systems. For instance,

20720-418: The word "law" had two different and irreconcilable meanings. Thurman Arnold said that it is obvious that it is impossible to define the word "law" and that it is also equally obvious that the struggle to define that word should not ever be abandoned. It is possible to take the view that there is no need to define the word "law" (e.g. "let's forget about generalities and get down to cases "). One definition

20868-543: Was an Ancient Greek philosopher and polymath . His writings cover a broad range of subjects spanning the natural sciences , philosophy , linguistics , economics , politics , psychology , and the arts . As the founder of the Peripatetic school of philosophy in the Lyceum in Athens , he began the wider Aristotelian tradition that followed, which set the groundwork for the development of modern science . Little

21016-472: Was equitable in a case. From the time of Sir Thomas More , the first lawyer to be appointed as Lord Chancellor, a systematic body of equity grew up alongside the rigid common law, and developed its own Court of Chancery . At first, equity was often criticised as erratic. Over time, courts of equity developed solid principles , especially under Lord Eldon . In the 19th century in England, and in 1937 in

21164-496: Was formed so that merchants could trade with common standards of practice rather than with the many splintered facets of local laws. The Law Merchant, a precursor to modern commercial law, emphasised the freedom to contract and alienability of property. As nationalism grew in the 18th and 19th centuries, the Law Merchant was incorporated into countries' local law under new civil codes. The Napoleonic and German Codes became

21312-467: Was heavily influenced by Greek philosophy, but its detailed rules were developed by professional jurists and were highly sophisticated. Over the centuries between the rise and decline of the Roman Empire , law was adapted to cope with the changing social situations and underwent major codification under Theodosius II and Justinian I . Although codes were replaced by custom and case law during

21460-413: Was invited by his former fellow student Hermias of Atarneus ; he stayed there for a few years and left around the time of Hermias' death. While at Assos, Aristotle and his colleague Theophrastus did extensive research in botany and marine biology , which they later continued at the near-by island of Lesbos . During this time, Aristotle married Pythias , Hermias's adoptive daughter and niece, and had

21608-734: Was not replaced systematically until the Enlightenment and theories such as classical mechanics were developed. He influenced Judeo-Islamic philosophies during the Middle Ages, as well as Christian theology , especially the Neoplatonism of the Early Church and the scholastic tradition of the Catholic Church . Aristotle was revered among medieval Muslim scholars as "The First Teacher", and among medieval Christians like Thomas Aquinas as simply "The Philosopher", while

21756-523: Was said to have stated "I will not allow the Athenians to sin twice against philosophy" – a reference to Athens's trial and execution of Socrates . He died in Chalcis, Euboea of natural causes later that same year, having named his student Antipater as his chief executor and leaving a will in which he asked to be buried next to his wife. Aristotle left his works to Theophrastus, his successor as

21904-588: Was widely disbelieved until the 19th century. He gives accurate descriptions of the four-chambered fore-stomachs of ruminants , and of the ovoviviparous embryological development of the hound shark . He notes that an animal's structure is well matched to function so birds like the heron (which live in marshes with soft mud and live by catching fish) have a long neck, long legs, and a sharp spear-like beak, whereas ducks that swim have short legs and webbed feet. Darwin , too, noted these sorts of differences between similar kinds of animal, but unlike Aristotle used

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