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Legal Definitions - absolute duty
Definition of absolute duty
An absolute law refers to a fundamental principle or truth that is considered universally valid and unchanging, regardless of time, place, or culture. While the underlying principle itself remains constant, the specific ways in which it is interpreted, applied, or enforced in practical situations or within different legal systems may vary depending on the circumstances.
Example 1: The Principle of Justice
The idea that individuals should receive fair treatment and that wrongs should be righted is often considered an absolute law. This fundamental principle dictates that legal processes should be impartial and equitable. However, the specific procedures for ensuring fairness—such as the rules of evidence, the composition of a jury, or the sentencing guidelines—can differ significantly between legal systems (e.g., common law vs. civil law) or even within the same system depending on the type of crime or civil dispute. The core principle of fairness is constant, but its practical implementation adapts to the specific legal framework and societal context.
Example 2: The Sanctity of Life
The principle that human life is inherently valuable and should be protected is widely regarded as an absolute law. This universal value underpins laws against murder and assault in virtually every society. However, the specific legal frameworks for protecting life can vary. For instance, laws regarding self-defense, capital punishment, abortion, or medical interventions at the end of life differ widely across jurisdictions. While the core value of human life remains constant, the legal boundaries and exceptions for its protection are subject to diverse societal and cultural interpretations.
Example 3: The Obligation to Keep Promises
The fundamental principle that individuals should honor their commitments and agreements is an absolute law, crucial for maintaining trust and order in society. This principle is the bedrock of contract law. While the absolute duty to keep a promise is universal, the specific legal requirements for a contract to be valid and enforceable (e.g., whether it needs to be in writing, the presence of consideration, specific remedies for breach) vary significantly between different legal systems and types of agreements. For example, a verbal agreement might be legally binding in some contexts but not in others, yet the underlying principle that promises should be kept remains constant.
Simple Definition
An absolute duty is a legal obligation that must be performed without any conditions, qualifications, or exceptions. This means the duty remains binding regardless of specific circumstances or potential excuses, requiring strict adherence.