ESSAY THE FRAMEWORK(S) OF LEGAL CHANGE Toby J. Heytens
... approach—that is, distinguishing between rights and remedies and asking whether it makes sense to apply a particular remedy in the changed-law context—echoed the Court’s analysis in a Fifth Amendment case decided more than thirty years earlier.27 Together, these decisions suggest the possibility of ...
... approach—that is, distinguishing between rights and remedies and asking whether it makes sense to apply a particular remedy in the changed-law context—echoed the Court’s analysis in a Fifth Amendment case decided more than thirty years earlier.27 Together, these decisions suggest the possibility of ...
Language as Violence v. Freedom of Expression
... for a democratic society to suppress? Let me tell you about the experience in Canada. I won't go through all of the relevant legislation. I will take the most relevant, the law we passed expressly to deal with these problems, our prohibition against hate propaganda. 2 It makes it an offense willfull ...
... for a democratic society to suppress? Let me tell you about the experience in Canada. I won't go through all of the relevant legislation. I will take the most relevant, the law we passed expressly to deal with these problems, our prohibition against hate propaganda. 2 It makes it an offense willfull ...
Tourism and the `rule of law` - Maniatis, A. (Technological
... This scale puts the stress on the prevention in its various aspects, from planning to the preventive action against existent dangers against the method of repression. ‘Therapy’ is not easy to achieve and may cost a lot, particularly when we consider the European Union law which has seriously promote ...
... This scale puts the stress on the prevention in its various aspects, from planning to the preventive action against existent dangers against the method of repression. ‘Therapy’ is not easy to achieve and may cost a lot, particularly when we consider the European Union law which has seriously promote ...
Current Legal Issues: the use of force in international law
... broke the law in 1981, they were told to pay compensation, they never did. Iraq is still trying to get compensation from Israel. Of course, a state can always seek Security Council approval for using pre-emptive force against another state (noting the problems with the veto powers of the P5 and the ...
... broke the law in 1981, they were told to pay compensation, they never did. Iraq is still trying to get compensation from Israel. Of course, a state can always seek Security Council approval for using pre-emptive force against another state (noting the problems with the veto powers of the P5 and the ...
legal ethics is (just) normal ethics
... principles and standards. Moral rules appear to apply most acutely to conduct between private individuals, which is largely unregulated by other norms. Thus, it is morally reprehensible to lie, break promises or cheat on our partners, and so on. On the other hand, law (as with other areas of busines ...
... principles and standards. Moral rules appear to apply most acutely to conduct between private individuals, which is largely unregulated by other norms. Thus, it is morally reprehensible to lie, break promises or cheat on our partners, and so on. On the other hand, law (as with other areas of busines ...
What does cultural difference require of human rights?
... Natural Law as an External Source (Cicero, Aquinas, Locke) Example from Cicero:“[. . .] Nature created all mankind to share and enjoy the same sense of right of which I may speak is derived from Nature [. . .] if wise men, prompted by Nature, would agree with the poets that whatever touches ...
... Natural Law as an External Source (Cicero, Aquinas, Locke) Example from Cicero:“[. . .] Nature created all mankind to share and enjoy the same sense of right of which I may speak is derived from Nature [. . .] if wise men, prompted by Nature, would agree with the poets that whatever touches ...
Do Laws Have a Constitutional Shelf Life?
... circumstances when interpreting the Constitution is nothing new—indeed, that argument is basically as old as the Constitution itself. John Marshall wrote that a Constitution is “intended to endure for ages to come, and, consequently, to be adapted to the various crises of human affairs.”11 Oliver We ...
... circumstances when interpreting the Constitution is nothing new—indeed, that argument is basically as old as the Constitution itself. John Marshall wrote that a Constitution is “intended to endure for ages to come, and, consequently, to be adapted to the various crises of human affairs.”11 Oliver We ...
Meyer, Pierce, and the History of the Entire Human Race
... and spirit of the Constitution.12 This cautionary note was heard again in Pierce. Once more writing for the Court, McReynolds made the case one about the power of the state “to standardize its children by forcing them to accept instruction from public teachers only.”13 He famously declared that “[t] ...
... and spirit of the Constitution.12 This cautionary note was heard again in Pierce. Once more writing for the Court, McReynolds made the case one about the power of the state “to standardize its children by forcing them to accept instruction from public teachers only.”13 He famously declared that “[t] ...
LUMSA * International Commercial Law 24 february 2014
... The risk that inconsistent interpretation could frustrate the goal of uniformity in the law is not, however, exclusive to the present structures administering justice under the CISG. All centralized judicial systems are also prone to this danger (although there is ultimately a final appellate level ...
... The risk that inconsistent interpretation could frustrate the goal of uniformity in the law is not, however, exclusive to the present structures administering justice under the CISG. All centralized judicial systems are also prone to this danger (although there is ultimately a final appellate level ...
Continued
... acquired a lasting veneration for Roman law. His works, (i) The law of possession. (ii) The History of Roman law in the middle ages (iii) The system of modern roman law-testify his genius. He attacked the idea of codification in Germany as he knew the defects of the contemporary codes. According to ...
... acquired a lasting veneration for Roman law. His works, (i) The law of possession. (ii) The History of Roman law in the middle ages (iii) The system of modern roman law-testify his genius. He attacked the idea of codification in Germany as he knew the defects of the contemporary codes. According to ...
Contemporary Ethical Theories and Jurisprudence
... principle, the utility principle cannot be deduced from a more basic principle. But there may be other ways of empirically "justifying" first principles. "Is the principle of utility susceptible of any direct proof?" asks Bentham. "It should seem not: for that which is used to prove everything else, ...
... principle, the utility principle cannot be deduced from a more basic principle. But there may be other ways of empirically "justifying" first principles. "Is the principle of utility susceptible of any direct proof?" asks Bentham. "It should seem not: for that which is used to prove everything else, ...
ARENA Working Paper 18/2004
... In this paper I discuss the effects of EFTA Court jurisprudence on the legal orders of the EFTA States. I do this by contrasting the EEA experience to the EU experience. I therefore start by pointing to the ways in which the position of the EFTA Court formally differs from the position of the ECJ. B ...
... In this paper I discuss the effects of EFTA Court jurisprudence on the legal orders of the EFTA States. I do this by contrasting the EEA experience to the EU experience. I therefore start by pointing to the ways in which the position of the EFTA Court formally differs from the position of the ECJ. B ...
Analogical reasoning in the common law
... 3. Classificatory analogies The first category of analogical reasoning I will discuss has attracted less theoretical attention than the other two, but it is the category that makes most sense of the idea that analogies are based upon the similarities between the facts of two cases, and it plays a ve ...
... 3. Classificatory analogies The first category of analogical reasoning I will discuss has attracted less theoretical attention than the other two, but it is the category that makes most sense of the idea that analogies are based upon the similarities between the facts of two cases, and it plays a ve ...
Social Order and the Limits of the Law. By Iredell Jenkins.
... with constructivist rationalism are overlooked or rejected, but such modes do exist. As Hayek states, "It is simply not true that our actions owe their effectiveness solely or chiefly to knowledge which we can state in words and can therefore constitute the explicit premises of a syllogism."1 6 Inst ...
... with constructivist rationalism are overlooked or rejected, but such modes do exist. As Hayek states, "It is simply not true that our actions owe their effectiveness solely or chiefly to knowledge which we can state in words and can therefore constitute the explicit premises of a syllogism."1 6 Inst ...
National Security Law and IHL - Emory Law
... established subsequent to the UCMJ’s enactment in 1950. Nonetheless, Justice Kennedy concluded that, through Article 36, Congress had placed legitimate limits on the discretion of the president acting as Commander-in-Chief to create military commissions. Justice Kennedy then concluded that the proce ...
... established subsequent to the UCMJ’s enactment in 1950. Nonetheless, Justice Kennedy concluded that, through Article 36, Congress had placed legitimate limits on the discretion of the president acting as Commander-in-Chief to create military commissions. Justice Kennedy then concluded that the proce ...
Defining Harm
... production and resistance are important parts of a consideration of religious freedom and the boundaries around it.3 Despite its use of case law as a site for analysis, Defining Harm is not a legal analysis. Legal analyses remain within the rules of the game. Critical sociolegal analysis attempts to ...
... production and resistance are important parts of a consideration of religious freedom and the boundaries around it.3 Despite its use of case law as a site for analysis, Defining Harm is not a legal analysis. Legal analyses remain within the rules of the game. Critical sociolegal analysis attempts to ...
Injustice and the Normative Nature of Meaning
... institutions, which will inevitably favor one or another conception of the good; and, second, a right to those resources or opportunities that the society treats as basic for a full and meaningful life. These two principles, however, are not all that a person in the original position could justifiab ...
... institutions, which will inevitably favor one or another conception of the good; and, second, a right to those resources or opportunities that the society treats as basic for a full and meaningful life. These two principles, however, are not all that a person in the original position could justifiab ...
Introduction to Historical Jurisprudence Paul Vinogradoff 1920
... death, and this is the putting him into water, and this was done in his lifetime, and this was a felony... Thus Sir James Hales being alive caused the death of Sir James Hales, and the act of the live man effected the death of the dead man.8 Although every rule of logic may be illustrated from legal ...
... death, and this is the putting him into water, and this was done in his lifetime, and this was a felony... Thus Sir James Hales being alive caused the death of Sir James Hales, and the act of the live man effected the death of the dead man.8 Although every rule of logic may be illustrated from legal ...
THE CRIME/TORT DISTINCTION: LEGAL
... But it is a separate question whether any of these functions are justifiable, or if they are, why they are. Thus, “compensation” is often described as one of the purposes of tort liability. But by itself, this is not much of an argument. Compensation is not itself a good reason for any particular to ...
... But it is a separate question whether any of these functions are justifiable, or if they are, why they are. Thus, “compensation” is often described as one of the purposes of tort liability. But by itself, this is not much of an argument. Compensation is not itself a good reason for any particular to ...
2016 Bergwall
... 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 of possible practices and outcomes. According to Norrie, a praxiology typ ...
... 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 of possible practices and outcomes. According to Norrie, a praxiology typ ...
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 ...
A Catholic Critique of Law and Economics
... any other deontological principle), which are frequently a basis for normative evaluation of legal rules, are irrelevant, because fairness and the efficient maximization of individual utilities are apples and oranges. Notions of fairness, Shavell argues, Typically…are not defined in terms of the wel ...
... any other deontological principle), which are frequently a basis for normative evaluation of legal rules, are irrelevant, because fairness and the efficient maximization of individual utilities are apples and oranges. Notions of fairness, Shavell argues, Typically…are not defined in terms of the wel ...
Constitutional Dialogue and the Justification of Judicial Review
... judicial supremacy. In a common law legal order there must be a dialogue between courts and legislature; and questions of constitutional authority are resolved by a mode of adjudication faithful to the legislative intent, fairly construed, within the constraints of reason that the rule of law provid ...
... judicial supremacy. In a common law legal order there must be a dialogue between courts and legislature; and questions of constitutional authority are resolved by a mode of adjudication faithful to the legislative intent, fairly construed, within the constraints of reason that the rule of law provid ...
The International Economic Law Revolution - Penn Law
... international economic law revolution. These first four points are simply intended to establish the broad parameters of international economic law. After I have established these parameters, I turn to the question of the importance of international economic law, and of its relation to other areas of ...
... international economic law revolution. These first four points are simply intended to establish the broad parameters of international economic law. After I have established these parameters, I turn to the question of the importance of international economic law, and of its relation to other areas of ...
Groundwork of the Metaphysics of Morals
... for its reality, may sometimes doubt whether true virtue is actually found anywhere in the world, and this especially as years increase and the judgement is partly made wiser by experience and partly, also, more acute in observation. This being so, nothing can secure us from falling away altogether ...
... for its reality, may sometimes doubt whether true virtue is actually found anywhere in the world, and this especially as years increase and the judgement is partly made wiser by experience and partly, also, more acute in observation. This being so, nothing can secure us from falling away altogether ...
Scepticism in law
Scepticism in law has arisen in late nineteenth century, not merely as a protest against idea of natural law, but also as a reaction against formalism of legal positivists. Legal Scepticism, is also commonly known as Legal Realism. This is an inept label in the context of philosophy because the word 'realism' is also used for school of thought founded by Plato and his followers. Therefore some prefer the word 'scepticism’.The word 'realist' is inept in the context of philosophy because American legal sceptics are also against the philosophy of Plato and his followers. The reason for this preference for the use of word 'scepticism' is not only that this word is used in the writings of sceptic jurists themselves, but also that this word is suitable in the context of history of philosophy.