A Legal History of Rome
... social, political and cultural history, giving full weight to non-legal factors and historical events that prompted or contributed to that change. Since Roman legal history is too long to treat as a whole, it has been divided into a number of shorter periods. For each period there is first a discuss ...
... social, political and cultural history, giving full weight to non-legal factors and historical events that prompted or contributed to that change. Since Roman legal history is too long to treat as a whole, it has been divided into a number of shorter periods. For each period there is first a discuss ...
Co-existence of Single Positive Law and Plural Normative Orders:
... I. In contemporary world we have three levels of Single Positive Law: single international law of all states (common international law), single international law of group of states (for example, the European Union law, Organization of American States and African Union law) and single laws of nation ...
... I. In contemporary world we have three levels of Single Positive Law: single international law of all states (common international law), single international law of group of states (for example, the European Union law, Organization of American States and African Union law) and single laws of nation ...
Discretion, Delegation, and Defining in the Constitution`s Law of
... This Article sketches the limits of Congress’s power to define offenses. Furthermore, it examines the reach of the power when Congress delegates authority to define offenses to other branches. The former analysis has significance for the current military commission litigation, where the defendants a ...
... This Article sketches the limits of Congress’s power to define offenses. Furthermore, it examines the reach of the power when Congress delegates authority to define offenses to other branches. The former analysis has significance for the current military commission litigation, where the defendants a ...
Transnational Legality: Stateless Law and International Arbitration
... be sure, it was not a slip of the tongue. What plainly transpires in his story is that the parties wanted predictability in future dealings. They wanted guideposts for future selfdirected action. Mnookin speaks of “certainty” in their continuing relationship, of “clear standards” and “precise rules, ...
... be sure, it was not a slip of the tongue. What plainly transpires in his story is that the parties wanted predictability in future dealings. They wanted guideposts for future selfdirected action. Mnookin speaks of “certainty” in their continuing relationship, of “clear standards” and “precise rules, ...
Journal of Law, No. 1, 2012
... usually followed by the provocatio ad populum et rogatio2 procedure, which in the period of Rome republic considered the appeal of the citizen towards the public assembly of Centuria (comitia centuriata) on the decree issued by the magistrate in cases when the decree sentenced the guilty person to d ...
... usually followed by the provocatio ad populum et rogatio2 procedure, which in the period of Rome republic considered the appeal of the citizen towards the public assembly of Centuria (comitia centuriata) on the decree issued by the magistrate in cases when the decree sentenced the guilty person to d ...
CIVICS CH 4
... associations for their purpose are as sovereign as the state is for its purpose. They emphasize the inability of the state to enforce its will in practice against the opposition of certain groups within it. They deny that the possession of force by the state gives it any superior right. They insist ...
... associations for their purpose are as sovereign as the state is for its purpose. They emphasize the inability of the state to enforce its will in practice against the opposition of certain groups within it. They deny that the possession of force by the state gives it any superior right. They insist ...
The Conduct of Hostilities: revisiting the LOAC
... traditional soldier and no longer limited to the actual conflict itself. The Hague Conventions are 100 years old. The Additional Protocols to the Geneva Conventions are 30 years old. Are these instruments still appropriate? How can their respect be guaranteed in the face of such unprecedented atroci ...
... traditional soldier and no longer limited to the actual conflict itself. The Hague Conventions are 100 years old. The Additional Protocols to the Geneva Conventions are 30 years old. Are these instruments still appropriate? How can their respect be guaranteed in the face of such unprecedented atroci ...
The Concept of the Rule of Law - MacSphere
... some way toward implying a view on the Rule of Law. By asking the listener to "recall what has happened when there is no Rule of Law," Eisenhower invokes the idea of abhorrent situations and regimes such as Nazi Germany. However, on the other hand, it is reminiscent of Justice Potter Stewart's infam ...
... some way toward implying a view on the Rule of Law. By asking the listener to "recall what has happened when there is no Rule of Law," Eisenhower invokes the idea of abhorrent situations and regimes such as Nazi Germany. However, on the other hand, it is reminiscent of Justice Potter Stewart's infam ...
verbatim record of the legal experts meeting on the law of the sea
... professional experience, I am sure, would be enriching the deliberations. I must admit that the response that I have received from the Member States by deputing their officials to participate at this Legal Experts Meeting has been very encouraging. I welcome other representatives from Intergovernmen ...
... professional experience, I am sure, would be enriching the deliberations. I must admit that the response that I have received from the Member States by deputing their officials to participate at this Legal Experts Meeting has been very encouraging. I welcome other representatives from Intergovernmen ...
jurisdiction and control at sea
... uniformly dense. While on some issues it is limited to very general statements, on other issues it enters into very specific detail. 2 Its lack of detail on some issues, and the fact that, on other issues, not all the detailed provisions are easily operable, should be remedied by the role recognized ...
... uniformly dense. While on some issues it is limited to very general statements, on other issues it enters into very specific detail. 2 Its lack of detail on some issues, and the fact that, on other issues, not all the detailed provisions are easily operable, should be remedied by the role recognized ...
investment arbitration
... Question: But what about the notion that individuals can be tried for war crimes and be held individually responsible for civilian deaths? Interesting that one of the motivating factors behind the initial development of humanitarian law may have been the notion of war as between states, and now we ...
... Question: But what about the notion that individuals can be tried for war crimes and be held individually responsible for civilian deaths? Interesting that one of the motivating factors behind the initial development of humanitarian law may have been the notion of war as between states, and now we ...
Volume 21, 2013
... modern New Zealand law. It turns out there was nothing heroic in this mapping job at all. It just involved a whole lot of hard work. It also turns out that you should never come up with a name for a lecture before having written it. The name hooked me into a job that was not only hard work, but frau ...
... modern New Zealand law. It turns out there was nothing heroic in this mapping job at all. It just involved a whole lot of hard work. It also turns out that you should never come up with a name for a lecture before having written it. The name hooked me into a job that was not only hard work, but frau ...
Due Process as Separation of Powers
... Some argue that “due process” meant nothing more than judicial procedure.5 It therefore applied to the courts and, perhaps, to the executive with respect to prosecution and the enforcement of court judgments. Under this reading, due process did not apply to the legislature. Others contend that “due ...
... Some argue that “due process” meant nothing more than judicial procedure.5 It therefore applied to the courts and, perhaps, to the executive with respect to prosecution and the enforcement of court judgments. Under this reading, due process did not apply to the legislature. Others contend that “due ...
Due Process as Separation of Powers
... Some argue that “due process” meant nothing more than judicial procedure.5 It therefore applied to the courts and, perhaps, to the executive with respect to prosecution and the enforcement of court judgments. Under this reading, due process did not apply to the legislature. Others contend that “due ...
... Some argue that “due process” meant nothing more than judicial procedure.5 It therefore applied to the courts and, perhaps, to the executive with respect to prosecution and the enforcement of court judgments. Under this reading, due process did not apply to the legislature. Others contend that “due ...
THE CONCEPT OF LAW Prof. Dr. and
... has been the exception rather than the rule. In family life, too, certain patterns or customary ways are usually observed by the members of the family group. Meals are taken at certain hours; some chores are assigned to certain members of the family; some time is set aside for common family activiti ...
... has been the exception rather than the rule. In family life, too, certain patterns or customary ways are usually observed by the members of the family group. Meals are taken at certain hours; some chores are assigned to certain members of the family; some time is set aside for common family activiti ...
THE CONCEPT OF LAW Prof. Dr. and
... has been the exception rather than the rule. In family life, too, certain patterns or customary ways are usually observed by the members of the family group. Meals are taken at certain hours; some chores are assigned to certain members of the family; some time is set aside for common family activiti ...
... has been the exception rather than the rule. In family life, too, certain patterns or customary ways are usually observed by the members of the family group. Meals are taken at certain hours; some chores are assigned to certain members of the family; some time is set aside for common family activiti ...
i Volume 20 Spring 2014 Number 2 Executive and Editorial Board
... Program and Professor of Law Lynn A. Epstein, B.S., J.D., Professor of Law Michael Flynn, B.A., J.D., Professor of Law Amanda Foster, B.A., J.D., Assistant Professor of Law Pearl Goldman, B.C.L., M. Phil., LL.B., J.D., LL.M., Professor of Law Joseph M. Grohman, B.A., M.A., J.D., Professor of Law and ...
... Program and Professor of Law Lynn A. Epstein, B.S., J.D., Professor of Law Michael Flynn, B.A., J.D., Professor of Law Amanda Foster, B.A., J.D., Assistant Professor of Law Pearl Goldman, B.C.L., M. Phil., LL.B., J.D., LL.M., Professor of Law Joseph M. Grohman, B.A., M.A., J.D., Professor of Law and ...
Hart`s Methodological Positivism - Penn Law: Legal Scholarship
... regarded as a term of art. Its meaning and extension would be determined by the relative explanatory power of accepting one way of categorizing and describing social practices over another, where "explanatory power" would in turn depend on such standard metatheoretical criteria as die following: pre ...
... regarded as a term of art. Its meaning and extension would be determined by the relative explanatory power of accepting one way of categorizing and describing social practices over another, where "explanatory power" would in turn depend on such standard metatheoretical criteria as die following: pre ...
Topic One: Introduction to Conflict of Laws
... Substance: the legal relationships (contracts and torts/delicts) which have a proper law of their own and which proper law is usually not the forum. Ancillaries: the time limitations, cross-defences, rules of evidence, presumptions, burdens of proof, order of proof, etc., which affect or quality ...
... Substance: the legal relationships (contracts and torts/delicts) which have a proper law of their own and which proper law is usually not the forum. Ancillaries: the time limitations, cross-defences, rules of evidence, presumptions, burdens of proof, order of proof, etc., which affect or quality ...
Legal Gazette
... and the conditions that may attach to such an implementation. Finally, the speakers examined the practical relationship and nexus between IHL and HRL – should HRL provisions apply in practice. To sum up, the 2012 NATO Legal Conference successfully identified the “who”, the “what” and the “why” of th ...
... and the conditions that may attach to such an implementation. Finally, the speakers examined the practical relationship and nexus between IHL and HRL – should HRL provisions apply in practice. To sum up, the 2012 NATO Legal Conference successfully identified the “who”, the “what” and the “why” of th ...
The of Power in Paradise: Political
... stressed sufficiently or articulated as a distinct alternative in the book. For instance, on page 5, “oppositional postmodemism” is vaguely defined in t e r m of the continuity of emancipatory possibilities, and so presented as a process of mediation or linkage between the crisis of modernity and th ...
... stressed sufficiently or articulated as a distinct alternative in the book. For instance, on page 5, “oppositional postmodemism” is vaguely defined in t e r m of the continuity of emancipatory possibilities, and so presented as a process of mediation or linkage between the crisis of modernity and th ...
Magna Carta and the ius commune - Chicago Unbound
... See Jones v Clinton, 869 F Supp 690, 698 (E D Ark 1994) (stating that it seems consistent with the American form of government, Magna Carta, and the Petition of Right to hold that "even the sovereign is subject to God and the law"), affd in part, revd in part, 72 F3d 1354 (8th Cir 1996), affd as Cli ...
... See Jones v Clinton, 869 F Supp 690, 698 (E D Ark 1994) (stating that it seems consistent with the American form of government, Magna Carta, and the Petition of Right to hold that "even the sovereign is subject to God and the law"), affd in part, revd in part, 72 F3d 1354 (8th Cir 1996), affd as Cli ...
Magna Carta and the ius commune
... See Jones v Clinton, 869 F Supp 690, 698 (E D Ark 1994) (stating that it seems consistent with the American form of government, Magna Carta, and the Petition of Right to hold that "even the sovereign is subject to God and the law"), affd in part, revd in part, 72 F3d 1354 (8th Cir 1996), affd as Cli ...
... See Jones v Clinton, 869 F Supp 690, 698 (E D Ark 1994) (stating that it seems consistent with the American form of government, Magna Carta, and the Petition of Right to hold that "even the sovereign is subject to God and the law"), affd in part, revd in part, 72 F3d 1354 (8th Cir 1996), affd as Cli ...
How Law is Like Chess - bepress Legal Repository
... we would expect it to be resolved by an account of type 3. And then we need an explanation of what makes 3 true, and so we get to 4. This much, I take it, is common ground. But now a question that needs to be answered is this: why is it the case that 4 has to be grounded in pointing to norms. Why c ...
... we would expect it to be resolved by an account of type 3. And then we need an explanation of what makes 3 true, and so we get to 4. This much, I take it, is common ground. But now a question that needs to be answered is this: why is it the case that 4 has to be grounded in pointing to norms. Why c ...
farewell ceremony address by the honourable jj
... theme of my first address upon my swearing-in as Chief Justice. It has featured as a basic theme in the address I have given at each of the 400 ceremonies I have conducted for the admission of legal practitioners, during the course of which just over 23,000 lawyers were admitted. The point might by ...
... theme of my first address upon my swearing-in as Chief Justice. It has featured as a basic theme in the address I have given at each of the 400 ceremonies I have conducted for the admission of legal practitioners, during the course of which just over 23,000 lawyers were admitted. The point might by ...
American Law Institute
The American Law Institute (ALI) was established in 1923 to promote the clarification and simplification of United States common law and its adaptation to changing social needs. The ALI drafts, approves, and publishes Restatements of the Law, Principles of the Law, model codes, and other proposals for law reform. The ALI is headquartered in Philadelphia, Pennsylvania, near the University of Pennsylvania Law School.