RE: woman rights in Islam
November 3, 2009 at 1:10 am
(This post was last modified: November 3, 2009 at 4:01 am by Oldandeasilyconfused.)
Quote:That's how I was using the word.
Too narrow. One of my Anthropology professors defined 'culture' as "that which is taken for granted"
-Begin with say language and numerals,language determines what thoughts may be expressed,numerals determine the pace and direction of mathematics; EG compare Roman numerals with the Indian numerals we use today.-compare both with the binary language use by computers.
Quote:I think that laws should be based on just morals.
Morality is a cultural construct as is the concept of justice, and both always reflect the society which invents them.
Quote:and should always be very open to possible exception or reinterpretation
We have two broad kinds of law: Common law (precedent.set by the judiciary) and statute law(passed by the legislature. In a free society,[technically] all laws are subject to constant scrutiny and reinterpretation.(The US Constitution is an excellent example)
The short answer is law/justice are already culture based,as indeed are all voluntary human actions. consistent objectivity is absent in human behaviour. Science is of course objective,but Scientists are not always.
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Quote:Common law is law developed by judges through decisions of courts and similar tribunals (called case law), rather than through legislative statutes or executive action, and to corresponding legal systems that rely on precedential case law.
The body of precedent is called "common law" and it binds future decisions. In future cases, when parties disagree on what the law is, an idealized common law court looks to past precedential decisions of relevant courts. If a similar dispute has been resolved in the past, the court is bound to follow the reasoning used in the prior decision (this principle is known as stare decisis). If, however, the court finds that the current dispute is fundamentally distinct from all previous cases (called a "matter of first impression"), judges have the authority and duty to make law by creating precedent.[1] Thereafter, the new decision becomes precedent, and will bind future courts.
http://en.wikipedia.org/wiki/Common_law
Quote: Statutory law or statute law is written law (as opposed to oral or customary law) set down by a legislature (as opposed to regulatory law promulgated by the executive branch or common law of the judiciary). Statutes are enacted in response to a perceived need to clarify the functioning of government, improve civil order, to codify existing law, or for an individual or company to obtain special treatment. Examples of statutory law comprehend traditional civil law and modern civil code systems in contrast to common law.
Statutes may originate with national, state legislatures or local municipalities. Statutes of lower jurisdictions are subordinate to the law of higher.
http://en.wikipedia.org/wiki/Statutory_law