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Universal law

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Concepts which are universally accepted to be most legitimate
This article is about ethics. For logical empiricism, seeModels of scientific inquiry.
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Inlaw andethics,universal law oruniversal principle refers to concepts of legallegitimacy actions, whereby thoseprinciples and rules for governing human beings' conduct which are most universal in their acceptability, their applicability, translation, andphilosophical basis, are therefore considered to be most legitimate.[citation needed]

Debate

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Cognition, experiences and intuition are the starting points of legal thought, which has to be seen through the glasses of universality and abstractness. Notwithstanding this assumption, "legal principles 1) do not contain only logic and reason and that 2) they can be different in different situations despite their equal naming. The legal rules can be identical in different legal orders while they carry different wants".[1]

On one side "universality, abstraction, and theory itself are defined in a way that undermines the perspectives of some while privileging the perspectives of others"; on the other side, "the aspiration to universality itself may stand in the way of its realization if it seals off from view the bias built into legal norms, public practices, and established institutions".[2]

References

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  1. ^Pečarič, M.,Universal capacity to generalise legal principles by combining reason, logic, morals and their counterparts, The Theory and Practice of Legislation (formerly Legisprudence), 2015, 3:1-22.
  2. ^Martha Minow,Beyond Universality, University of Chicago Legal Forum, Vol. 1989, pp. 137.

See also

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Core subjects
Disciplines
Sources of law
Law making
Legal systems
Legal theory
Jurisprudence
Legal institutions
History
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