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a fortiori

Subject: Philosophy

(Latin, from the stronger)

Phrase used for ‘all the more’ or ‘even more so’: if all donkeys bray, then a fortiori all young donkeys bray.

A fortiori

A fortiori adv.   Quick reference

Guide to Latin in International Law

Reference type:
Subject Reference
Current Version:
2011
Subject:
Law, International Law
Length:
94 words

... fortiori a fōrtēō´rē . ā- or a fōršō´rī . adv. “From the stronger.” Even more so; by the same logic, to an even greater degree. E.g. , “The fact that in this particular case the Parties could not even agree upon the applicable legal rules shows that a fortiori they could not agree on any particular [maritime delimitation] line which might follow from the application of appropriate rules.” Barbados v. Republic of Trinidad & Tobago , Permanent Ct. of Arb., Award of Apr. 11, 2006 , ¶ 198, 45 I.L.M. 800, 833 ( 2006 ). Compare with A multo fortiori...

A multo fortiori

A multo fortiori adv.   Quick reference

Guide to Latin in International Law

Reference type:
Subject Reference
Current Version:
2011
Subject:
Law, International Law
Length:
39 words

... multo fortiori a mūl´tō fōrtēō´rē . ā- or a mɜl´tō fōršō´rī . adv. “From the much stronger.” Even more so to a much greater degree; by the same reasoning leading to a much more compelling argument. Compare with A fortiori...

Homosexuality

Homosexuality   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
1,783 words

...5). Since analogy constitutes a mode of reasoning that yields only probable results but never certain knowledge ( ʿilm yaqīnī ), the Hanafis judge that sodomy must not be punished in analogy to fornication, which counts as one of the ḥadd offenses. However, the Hanafis discuss whether liwāʿ can be thought to be implied a fortiori ( bi-ṭarīqat al-dalāla ) in the concept of zināʾ . Although some Hanafis, following the early authorities Abu Yusuf (d. 182/798) and al-Shaybani (d. 189/805), answer this question in the affirmative, a majority rejects the notion,...

Legal Norms in Islamic Law, Production of

Legal Norms in Islamic Law, Production of   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
2,102 words

...( aṣl ) either by similitude ( qiyās shabah ), by a common ratio legis ( qiyāsʿilla ), by a fortiori argumentation ( qiyās jalī ), or when its validity was proved by a reductio ad absurdum ( qiyās ʿaks ). As a result of human reasoning, such a ruling was considered a “probable indicator” of divine law and a source of new rulings that derived from other legal reasoning. No secondary analogical extension of a “probable indicator,” however, holds the status of source of law. The concept of “individual effort of legal reasoning” ( ijtihād ) has always been...

Natural Law

Natural Law   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
5,764 words

...quo. Many realists were skeptical about the determinacy of positive law itself and a fortiori about the determinacy of natural law. During and after World War II, some warned that legal realists, to the extent that they were skeptical not only about the determinacy of legal norms but also about the objectivity of moral norms, undercut any basis for criticizing the atrocities of Nazi Germany. The most famous proponent of this argument was Lon Fuller, who argued against H. L. A. Hart's legal-positivist contention that there was no necessary connection between...

Ancient Near Eastern Law

Ancient Near Eastern Law   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
8,416 words
Illustration(s):
2

...by the gods. (Even the Egyptian ruler, who was regarded as a god, was only a junior god, subject to the greater deities.) In return for royal authority, the king had to fulfill the divine mandate imposed upon him—essentially, to provide his people with security, prosperity, and justice. Justice demanded upholding the traditional legal order and intervening to ensure equity where abuse or even strict imposition of the law resulted in injustice. A king who failed to do justice (and a fortiori one who acted illegally or oppressively himself) would be...

Torture

Torture   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
8,275 words
Illustration(s):
2

...arose as a result of the evidentiary burdens involved in the prosecution of the hudūd . In the absence of the defendant's voluntary confession ( iqrār ), conviction generally required credible ( ʿadl ) eyewitness testimony to convict the defendant, a requirement that was very difficult to meet. Even in the case of a voluntary confession to a hadd crime, the defendant was within his rights to withdraw the confession and thereby avoid conviction and the legal punishment, although not, as mentioned above, the monetary liability. A fortiori , a confession...

Islamic Schools of Sacred Law

Islamic Schools of Sacred Law   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
12,540 words
Illustration(s):
1

...of qiyās , such as reductio ad absurdum and arguments a fortiori. Reports transmitted through a single chain by authorities with a record of moral integrity were held to provide certainty, so Zahiri jurisprudence relied heavily on hadith. The opinions of the companions of the Prophet were fallible individually, and so were unacceptable as legal proof on their own, but a consensus ( ijmāʿ ) of the Prophet's companions was binding because it was presumed to discover the Prophet's opinion. The unanimous agreement of later generations, however, was not taken...

occupiers' liability

occupiers' liability   Reference library

The New Oxford Companion to Law

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law
Length:
517 words

...sense is fault: the occupier is liable in tort (or in Scotland, delict) if the damage or injury resulted from his negligence—or a fortiori , was caused by him recklessly or intentionally—but not otherwise. The basic principles are virtually the same as those that now govern liability for negligently inflicted injuries in general. However, this particular area of liability grew up before English law had come to accept that there is a general principle of liability for negligence, and in consequence the vocabulary and legal thought processes are slightly...

state aid (in EC law)

state aid (in EC law)   Reference library

The New Oxford Companion to Law

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law
Length:
524 words

...out. All existing GERs are likely to be regrouped into a single GER in 2007/8 . Any new aid that is unauthorized—or a fortiori unnotified (unless falling within a GER)—is, irrespective of its merits, ‘unlawful’, and the Commission, or a national court, may order its suspension and recovery. Significant reform is in train in light of the Commission's ‘State Aid Action Plan’ adopted in 2005 and setting out its policy for the period 2005–2009 with a view to ‘less and better targeted’ state aids and a more economic approach to them. Robert...

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