Reflections on the "Republican Revival"
... was to evolve into the recognition of a republican alternative to the dominant liberal ideology of America. Moreover, according to Rodgers, republicanism provided a conceptual apparatus that complemented the "structuralist turn" 7 in the historiography of the 1970s. He discusses the "structuralist" ...
... was to evolve into the recognition of a republican alternative to the dominant liberal ideology of America. Moreover, according to Rodgers, republicanism provided a conceptual apparatus that complemented the "structuralist turn" 7 in the historiography of the 1970s. He discusses the "structuralist" ...
Continued
... that should be applied to agriculture. Such is the approach of the historical school, and it naturally led to a distrust of any deliberate attempt to reform the law. Legislation can succeed only if it is in harmony with the internal convictions of the race to which it is addressed. If it goes farthe ...
... that should be applied to agriculture. Such is the approach of the historical school, and it naturally led to a distrust of any deliberate attempt to reform the law. Legislation can succeed only if it is in harmony with the internal convictions of the race to which it is addressed. If it goes farthe ...
bepress Legal Series The Disenchantment of Logically Formal
... In the 19th century, the German historical school (Savigny) developed a positivist version of normative formalism. National systems of law reflect as a matter of fact the normative order of the underlying society; such a normative order is coherent or tends toward coherence on the basis of the spiri ...
... In the 19th century, the German historical school (Savigny) developed a positivist version of normative formalism. National systems of law reflect as a matter of fact the normative order of the underlying society; such a normative order is coherent or tends toward coherence on the basis of the spiri ...
THE PERILS OF PERVASIVE LEGAL
... Law, considered as a science, consists of certain principles or doctrines.…Each of these doctrines has arrived at its present state by slow degrees; in other words, it is a growth, extending in many cases through centuries. This growth is to be traced in the main through a series of cases….It seems ...
... Law, considered as a science, consists of certain principles or doctrines.…Each of these doctrines has arrived at its present state by slow degrees; in other words, it is a growth, extending in many cases through centuries. This growth is to be traced in the main through a series of cases….It seems ...
The Disenchantment of Logically Formal Legal Rationality
... the analysis of the basic conceptions of the German common law version of Roman law with the aim of establishing that this particular system could be made internally coherent, and also be made to approach gaplessness. Many Continental legal scholars understood the German Civil Code of 1900 as the le ...
... the analysis of the basic conceptions of the German common law version of Roman law with the aim of establishing that this particular system could be made internally coherent, and also be made to approach gaplessness. Many Continental legal scholars understood the German Civil Code of 1900 as the le ...
Law and Morality - The Tanner Lectures on Human Values
... substantive preferences incapable of further justification and subject to choice by persons acting in a purposive-rational manner ; an example would be the individual interests that private legal subjects pursue in economic exchange. Finally, Weber also calls rational the results of the intellectual ...
... substantive preferences incapable of further justification and subject to choice by persons acting in a purposive-rational manner ; an example would be the individual interests that private legal subjects pursue in economic exchange. Finally, Weber also calls rational the results of the intellectual ...
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 ...
a copy of the Call for Evidence paper here
... legal aid system in 21st century Scotland and how best to respond to the changing justice, social, economic, business and technological landscape within which a modern and flexible legal aid system should operate. The review recognises the important role for legal aid to reduce inequalities, uphold ...
... legal aid system in 21st century Scotland and how best to respond to the changing justice, social, economic, business and technological landscape within which a modern and flexible legal aid system should operate. The review recognises the important role for legal aid to reduce inequalities, uphold ...
Copyright (c) 2003 Syracuse Law Review
... of television or movie drama (which is [*1173] common), or in literature (which probably only matters much if it makes it to film or video). And, other parts of law, beyond courtrooms have, through TV, become more "real" in the sense of more human and accessible. n40 The inquiry that began, for me, ...
... of television or movie drama (which is [*1173] common), or in literature (which probably only matters much if it makes it to film or video). And, other parts of law, beyond courtrooms have, through TV, become more "real" in the sense of more human and accessible. n40 The inquiry that began, for me, ...
legal ethics is (just) normal ethics
... process that can be applied to deal with all other practice problems faced by lawyers. C Outline of Paper In the next part of the paper, we consider the threshold issue of whether there is any scope for allowing ethical considerations to govern legal practice. This is followed in part three by a dis ...
... process that can be applied to deal with all other practice problems faced by lawyers. C Outline of Paper In the next part of the paper, we consider the threshold issue of whether there is any scope for allowing ethical considerations to govern legal practice. This is followed in part three by a dis ...
1 “The Rule of Law in British Colonial Societies in the 19th Century
... During the century the role of the criminal law as an instrument of social control expanded, as the propertied, through the Hanoverian state sought to protect their interests by proliferating legislation proscribing a myriad of theft situations and treating them as capital offences.15 Enclosure was ...
... During the century the role of the criminal law as an instrument of social control expanded, as the propertied, through the Hanoverian state sought to protect their interests by proliferating legislation proscribing a myriad of theft situations and treating them as capital offences.15 Enclosure was ...
lon l. fuller - Libertarian Alliance
... Surely the reality implied by the severing of the social bonds overcomes Nolan’s objection: for, in the extended order, there is a morality of aspiration achieved by “leaving people free (to exchange goods and services)”.25 (B) The Inner Morality of Law To illustrate “the problems of institutional d ...
... Surely the reality implied by the severing of the social bonds overcomes Nolan’s objection: for, in the extended order, there is a morality of aspiration achieved by “leaving people free (to exchange goods and services)”.25 (B) The Inner Morality of Law To illustrate “the problems of institutional d ...
Drafting for the Rule of Law - Yale Law School Legal Scholarship
... ideology, "astructure that lawyers can use to formulate arguments for and against the activity ...
... ideology, "astructure that lawyers can use to formulate arguments for and against the activity ...
Trends in Theories About Law - Yale Law School Legal Scholarship
... In a previous study, 1 suggesting criteria for a viable theory about law, we recommended that a distinction be taken between the standpoints of the scholarly observer (whose primary concern is for enlightenment) and authoritative decisionmakers and others (whose ultimate interest is in power, in the ...
... In a previous study, 1 suggesting criteria for a viable theory about law, we recommended that a distinction be taken between the standpoints of the scholarly observer (whose primary concern is for enlightenment) and authoritative decisionmakers and others (whose ultimate interest is in power, in the ...
introduction: towards a global history of international law
... world governed by the ideals of the Enlightenment, and the American and French Revolutions.3 That history of progress in the name of humanity certainly has its beauty. It provides the history of international law with a clear underlying purpose and direction, and thus gives it a comprehensible struc ...
... world governed by the ideals of the Enlightenment, and the American and French Revolutions.3 That history of progress in the name of humanity certainly has its beauty. It provides the history of international law with a clear underlying purpose and direction, and thus gives it a comprehensible struc ...
Accepted version - Queen Mary University of London
... statutes, judicial decisions and other legal phenomena studied by jurists) are just mental experiences ‘projected outwards and viewed as objective reality’ (Rudzinski, 1976, p. 111). They are ‘phantasms’. However, where for various reasons these projections tend to become uniform (so that they are w ...
... statutes, judicial decisions and other legal phenomena studied by jurists) are just mental experiences ‘projected outwards and viewed as objective reality’ (Rudzinski, 1976, p. 111). They are ‘phantasms’. However, where for various reasons these projections tend to become uniform (so that they are w ...
Legal Pluralism, Plurality of Laws, and Legal Practices - Hal-SHS
... In a first section, I shall briefly describe the main trends in the field of legal pluralism, from its historical scientific background to its more recent theories. In a second section, I formulate some of the major criticisms which can be addressed to the postulates sustaining these many versions o ...
... In a first section, I shall briefly describe the main trends in the field of legal pluralism, from its historical scientific background to its more recent theories. In a second section, I formulate some of the major criticisms which can be addressed to the postulates sustaining these many versions o ...
why legal history matters
... understanding of the nature of law. And if I am right that legal developments cannot be separated from other historical trends then a sense of history is vital to understanding the law, even (or perhaps because), it tends to highlight the limitations of law. But some of my remarks will also be direc ...
... understanding of the nature of law. And if I am right that legal developments cannot be separated from other historical trends then a sense of history is vital to understanding the law, even (or perhaps because), it tends to highlight the limitations of law. But some of my remarks will also be direc ...
2016 Bergwall
... Hence, Norrie suggests that we should think of dominating theories of law as forms of social and historical practice and knowledge which are articulated through law’s praxiology. The praxiology of legal positivism thus refers to the theoretical account of law as tied to, and limited by, a finite set ...
... Hence, Norrie suggests that we should think of dominating theories of law as forms of social and historical practice and knowledge which are articulated through law’s praxiology. The praxiology of legal positivism thus refers to the theoretical account of law as tied to, and limited by, a finite set ...
The Lilongwe Declaration on Accessing Legal Aid in the Criminal
... Human rights are enforced when government officials know that they will be held accountable for violations of the law and of basic human rights. Persons who are abused or injured by law enforcement officials, or who are not afforded proper recognition of their human rights, should have access to the ...
... Human rights are enforced when government officials know that they will be held accountable for violations of the law and of basic human rights. Persons who are abused or injured by law enforcement officials, or who are not afforded proper recognition of their human rights, should have access to the ...
Legal Positivism
... H. L. A. Hart is the leading legal philosopher of the 20th Century. His formulation of the core claims of legal positivism has provided the focal point for both the major developments in the theory and the most important criticisms of it. The fullest account of Hart’s view is presented in the classi ...
... H. L. A. Hart is the leading legal philosopher of the 20th Century. His formulation of the core claims of legal positivism has provided the focal point for both the major developments in the theory and the most important criticisms of it. The fullest account of Hart’s view is presented in the classi ...
Tracing the Performance of Law in Indonesia (A Perspective of
... Indonesia today is faced with a very "unique" problem of law performance regarding the formal truth treated as the most dominant consideration of legal decision embracing reine Rechtslehre Kelsenian’s way of thinking. An approach that is still in further discussion through a more holistic alternativ ...
... Indonesia today is faced with a very "unique" problem of law performance regarding the formal truth treated as the most dominant consideration of legal decision embracing reine Rechtslehre Kelsenian’s way of thinking. An approach that is still in further discussion through a more holistic alternativ ...
Pareto Optimality and the Rule of Law
... aground on the free rider problem. And any compromise with the unanimity requirement fails to preserve the justifying logic of the Pareto criterion. It seems to me that Buchanan's instincts are exactly right in searching for the most important form of Pareto optimality in the rules of the legal soci ...
... aground on the free rider problem. And any compromise with the unanimity requirement fails to preserve the justifying logic of the Pareto criterion. It seems to me that Buchanan's instincts are exactly right in searching for the most important form of Pareto optimality in the rules of the legal soci ...
RTF - Jean Monnet Center
... a theory that is able to provide for a language that can spell out differences and analogies between the compared systems, that is abstract enough to grasp all the compared elements and concrete enough to be sensitive towards each of them. Without such a theory, legal comparison is likely to become ...
... a theory that is able to provide for a language that can spell out differences and analogies between the compared systems, that is abstract enough to grasp all the compared elements and concrete enough to be sensitive towards each of them. Without such a theory, legal comparison is likely to become ...
The Importance of Social Activism to a Fuller Concept of Law
... Ibid (“wholesale killings in concentration camps were made 'lawful' by a secret enactment”); see also Fuller, ibid at 654 (“first, that it offers no justification whatever for the death penalty actually imposed on the husband, though never carried out; second, that if the wife's act in informing on ...
... Ibid (“wholesale killings in concentration camps were made 'lawful' by a secret enactment”); see also Fuller, ibid at 654 (“first, that it offers no justification whatever for the death penalty actually imposed on the husband, though never carried out; second, that if the wife's act in informing on ...