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Your legal philosophy defines the types of law you pass and uphold as a society.
For example, the legal philosophy of deterrence (and to a lesser extent, rehabilitation) that was practiced by the puritans gave us penitentiaries and prisons. Puritans believed that killing convicted felons was not right, and instead kept them away from society by putting them in prisons. To help them rehabilitate, they would also provide them with a Bible.
There have been many legal philosophies through the ages. Some are well known, such as the code of the Hammurabi (an eye for an eye, and a tooth for a tooth), or the Rabbinical Courts and the Talmudic Laws. Others gave rise to a whole new thinking, like the Napoleonic Code.
Generally both law and philosophy work together. If the society does not see how the law related to the philosophy the society practices, the law gets overturned, ignored, or otherwise avoided. A good example of that in our society are the laws dealing with sodomy and sexual deviance that are still on the books in many states, but are generally not used when dealing with consenting adults.
For example, the legal philosophy of deterrence (and to a lesser extent, rehabilitation) that was practiced by the puritans gave us penitentiaries and prisons. Puritans believed that killing convicted felons was not right, and instead kept them away from society by putting them in prisons. To help them rehabilitate, they would also provide them with a Bible.
There have been many legal philosophies through the ages. Some are well known, such as the code of the Hammurabi (an eye for an eye, and a tooth for a tooth), or the Rabbinical Courts and the Talmudic Laws. Others gave rise to a whole new thinking, like the Napoleonic Code.
Generally both law and philosophy work together. If the society does not see how the law related to the philosophy the society practices, the law gets overturned, ignored, or otherwise avoided. A good example of that in our society are the laws dealing with sodomy and sexual deviance that are still on the books in many states, but are generally not used when dealing with consenting adults.
You can leave an optional "tip" with Mahalo's virtual currency, Mahalo Dollars. If you are asking a difficult question that might require some research, or if you'd like a wide variety of feedback, a higher tip often leads to more answers to your question.
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