Normative - Law

Law

See also: Normative jurisprudence

In law, as an academic discipline, the term "normative" is used to describe the way something ought to be done according to a value position. As such, normative arguments can be conflicting, insofar as different values can be inconsistent with one another. For example, from one normative value position the purpose of the criminal process may be to repress crime. From another value position, the purpose of the criminal justice system could be to protect individuals from the moral harm of wrongful conviction.

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Famous quotes containing the word law:

    “I wish my countrymen to consider that whatever the human law may be, neither an individual nor a nation can ever commit the least act of injustice against the obscurest individual without having to pay the penalty for it. A government which deliberately enacts injustice, and persists in it, will at length even become the laughing-stock of the world.”
    —Henry David Thoreau (1817–1862)

    “Escalus. What do you think of the trade, Pompey? Is it a lawful trade?
    Pompey. If the law would allow it, sir.
    Escalus. But the law will not allow it, Pompey; nor it shall not be allowed in Vienna.
    Pompey. Does your worship mean to geld and spay all the youth of the city?
    Escalus. No, Pompey.
    Pompey. Truly, sir, in my poor opinion they will to’t then. If your worship will take order for the drabs and the knaves, you need not to fear the bawds.”
    —William Shakespeare (1564–1616)

    “The law is equal before all of us; but we are not all equal before the law. Virtually there is one law for the rich and another for the poor, one law for the cunning and another for the simple, one law for the forceful and another for the feeble, one law for the ignorant and another for the learned, one law for the brave and another for the timid, and within family limits one law for the parent and no law at all for the child.”
    —George Bernard Shaw (1856–1950)