This article was published in an Elsevier journal. The attached copy
... recent decades. New savings opportunities such as Individual Retirement Accounts and 401(K) programs and the explosive growth of financial information have drawn new investors to the market. Stock exchanges, in turn, have responded by expanding the stock offerings available to investors. The effects ...
... recent decades. New savings opportunities such as Individual Retirement Accounts and 401(K) programs and the explosive growth of financial information have drawn new investors to the market. Stock exchanges, in turn, have responded by expanding the stock offerings available to investors. The effects ...
1 “The Rule of Law in British Colonial Societies in the 19th Century
... performance of both government in general and the administration of justice in particular. In other words, in the absence of a written constitution, the rule of law provided a standard (or perhaps more correctly a set of standards) by which to judge the performance of those possessing governmental a ...
... performance of both government in general and the administration of justice in particular. In other words, in the absence of a written constitution, the rule of law provided a standard (or perhaps more correctly a set of standards) by which to judge the performance of those possessing governmental a ...
Common Law and Continental Law: Two Legal Systems
... Indeed, the American tradition finds its roots in a “Lockean” concept of the state with limited sovereignty and the idea that men are governed by law and not by men. Government and not the state are ruled by law and therefore have to be perceived only as a moderator of the social groups seeking the ...
... Indeed, the American tradition finds its roots in a “Lockean” concept of the state with limited sovereignty and the idea that men are governed by law and not by men. Government and not the state are ruled by law and therefore have to be perceived only as a moderator of the social groups seeking the ...
Expertise for small and mid-sized firms
... PSP – partner for small and mid-sized firms Since PSP was established over 35 years ago, we have concentrated on advising small and mid-sized enterprises. As tax consultants, auditors and lawyers, we support your business when important decisions have to be made and assist in their implementation. ...
... PSP – partner for small and mid-sized firms Since PSP was established over 35 years ago, we have concentrated on advising small and mid-sized enterprises. As tax consultants, auditors and lawyers, we support your business when important decisions have to be made and assist in their implementation. ...
CHAPTER 28 FAIRNESS TO RIGHTNESS: JURISDICTION
... does not mean they lack challenges or perplexities; some states push the principles further than others are willing to accept. The fact remains, however, that all states accept the core of the four principles. Most states also accept—in theory, at least—so-called universal criminal jurisdiction (UCJ ...
... does not mean they lack challenges or perplexities; some states push the principles further than others are willing to accept. The fact remains, however, that all states accept the core of the four principles. Most states also accept—in theory, at least—so-called universal criminal jurisdiction (UCJ ...
Chapter 10
... social contract, respectively. In all these systems, a morally-based methodology is sought as a guidepost for behavior. If these guideposts are universally accepted, the odds are very high that they will no longer be advisory, but rather required by law. The process by which morally-based ethical be ...
... social contract, respectively. In all these systems, a morally-based methodology is sought as a guidepost for behavior. If these guideposts are universally accepted, the odds are very high that they will no longer be advisory, but rather required by law. The process by which morally-based ethical be ...
Confidential Confessions: How Lawyers, Clergy, and Psychologists Counsel the Guilty
... own culpability in the killing of which David stands convicted. This is important if Steven is to see that the Gospel imperative to which I am calling him is not yet another ideology indifferent to his own dignity and wellbeing. We are most true to our human dignity not when we stand alone in the do ...
... own culpability in the killing of which David stands convicted. This is important if Steven is to see that the Gospel imperative to which I am calling him is not yet another ideology indifferent to his own dignity and wellbeing. We are most true to our human dignity not when we stand alone in the do ...
Social Norms, Rule of Law, and Gender Reality
... law and the status of women in society. If the rule of law has the universal appeal and socioeconomic impact typically associated with it, we should find that high levels of the rule of law go hand in hand with a high status of women in society; however in this paper we show that this simple correla ...
... law and the status of women in society. If the rule of law has the universal appeal and socioeconomic impact typically associated with it, we should find that high levels of the rule of law go hand in hand with a high status of women in society; however in this paper we show that this simple correla ...
Accepted version - Queen Mary University of London
... because, even after much effort over many decades up to the present day, the ideas are still not internationally established. ...
... because, even after much effort over many decades up to the present day, the ideas are still not internationally established. ...
Three Variations of the Supreme Court`s Legal Mind
... certainly has backed off so far that its "self-restraint" virtually becomes a renunciation of its power to review. After a survey of such presidential actions as Lincoln's suspension of the writ of habeas corpus during the Civil War and Franklin Roosevelt's executive order resulting in the evacuatio ...
... certainly has backed off so far that its "self-restraint" virtually becomes a renunciation of its power to review. After a survey of such presidential actions as Lincoln's suspension of the writ of habeas corpus during the Civil War and Franklin Roosevelt's executive order resulting in the evacuatio ...
A Critical Analysis of the Proximity of Natural Law to the Indian
... Wars, the decline in standards, a growing insecurity and uncertainty that have stimulated a new quest for moral order afforded by natural law in the past.xviiIt is in this twentieth century that the doctrine of natural rights had been recognized and had been inserted into the sphere of constitutiona ...
... Wars, the decline in standards, a growing insecurity and uncertainty that have stimulated a new quest for moral order afforded by natural law in the past.xviiIt is in this twentieth century that the doctrine of natural rights had been recognized and had been inserted into the sphere of constitutiona ...
Hayek the Rule of Law and the Challenge of Emergency.
... apparently from a comment from John Maynard Keynes. Keynes who read the "Road to serfdom" on the ship that took him to Bretton Woods asked Hayek if he was not adverse to all forms of government ...
... apparently from a comment from John Maynard Keynes. Keynes who read the "Road to serfdom" on the ship that took him to Bretton Woods asked Hayek if he was not adverse to all forms of government ...
Legal Positivism
... If a rule is a law it is not in virtue of the threatened sanction or the capacity of an individual to make good on a threat. Not every rule is law of course. The existence of law presupposes law making authority that attaches to offices. Individuals possess an authority to make (amend or interpret) ...
... If a rule is a law it is not in virtue of the threatened sanction or the capacity of an individual to make good on a threat. Not every rule is law of course. The existence of law presupposes law making authority that attaches to offices. Individuals possess an authority to make (amend or interpret) ...
Constitutional Regulation, Exception and
... more securely than the state of nature.20 Locke suggests that constituent power of the governed vests three functions within the government. These are legislative, judicial, and executive. Recalling the three primary deficiencies within the state of nature that render man’s freedom unsafe, Locke re ...
... more securely than the state of nature.20 Locke suggests that constituent power of the governed vests three functions within the government. These are legislative, judicial, and executive. Recalling the three primary deficiencies within the state of nature that render man’s freedom unsafe, Locke re ...
Chapter 3 Law, Psychology, and Morality
... people are rational, then it is natural to think that they are spending wisely. Democratically passed laws, after all, have been around for a long time. If they did not ‘‘work,’’ then presumably attentive citizens and lobbying groups would shift strategies and resources away from the law and towards ...
... people are rational, then it is natural to think that they are spending wisely. Democratically passed laws, after all, have been around for a long time. If they did not ‘‘work,’’ then presumably attentive citizens and lobbying groups would shift strategies and resources away from the law and towards ...
3 How to write actions - Ministry of Forests, Lands and Natural
... – Higher risk issues (e.g., species at risk) – Strong, stable science in support of particular action – Spatially specific values, or mapping values will reduce conflicts with overlapping tenures ...
... – Higher risk issues (e.g., species at risk) – Strong, stable science in support of particular action – Spatially specific values, or mapping values will reduce conflicts with overlapping tenures ...
Philosophical Views on the Value of Privacy
... by the almost invariable tendency of proponents of a value judgment to attempt a justification of their definition by purported factual reference. This persistent effort of moralists to establish a value judgment on unwarranted factual grounds-such as by reference to the "natural," the "historical," ...
... by the almost invariable tendency of proponents of a value judgment to attempt a justification of their definition by purported factual reference. This persistent effort of moralists to establish a value judgment on unwarranted factual grounds-such as by reference to the "natural," the "historical," ...
JOHN T. ROBERTS The Law-Governed Universe New York
... connection between lawhood and the subjunctive conditional. It states (roughly) that Q is a law only if Q would still have held under any antecedent P that is consistent with the laws. This proposition and others like it have played a central role in my own work (1994, see Principle (SC)) and in Mar ...
... connection between lawhood and the subjunctive conditional. It states (roughly) that Q is a law only if Q would still have held under any antecedent P that is consistent with the laws. This proposition and others like it have played a central role in my own work (1994, see Principle (SC)) and in Mar ...
Pareto Optimality and the Rule of Law
... It is common in the century of legal positivism to think of law first as a means of social control. The implication is that some people are controlling others and maintaining order through the manipulation and enforcement of legal rules. On this view, the purposes of the rules are the purposes of th ...
... It is common in the century of legal positivism to think of law first as a means of social control. The implication is that some people are controlling others and maintaining order through the manipulation and enforcement of legal rules. On this view, the purposes of the rules are the purposes of th ...
Legal Environment Today, 5e
... • Two notable differences relate to: – The role of women in society. – The practice of giving side payments to foreign officials to secure favorable contracts. THE LEGAL ENVIRONMENT TODAY Miller • Cross 5th Ed. ...
... • Two notable differences relate to: – The role of women in society. – The practice of giving side payments to foreign officials to secure favorable contracts. THE LEGAL ENVIRONMENT TODAY Miller • Cross 5th Ed. ...
Chapter 9
... Lawyers argued that these actions violated: – Precepts of democratic control – Article III of federal constitution – Due Process clauses (Fifth and Fourteenth Amendments) ...
... Lawyers argued that these actions violated: – Precepts of democratic control – Article III of federal constitution – Due Process clauses (Fifth and Fourteenth Amendments) ...
hart`s concept of law and justice
... which things are law and which are not and also provides a means for identifying the law in a morally neutral approach. It also affords an answer to the question of when a legal system exists. The master rule of recognition is the ultimate source of a legal system – like the Austin’s sovereign7. Acc ...
... which things are law and which are not and also provides a means for identifying the law in a morally neutral approach. It also affords an answer to the question of when a legal system exists. The master rule of recognition is the ultimate source of a legal system – like the Austin’s sovereign7. Acc ...
In employing the term “rights to do wrong,” I mean
... few will ever invoke them? If that is so, does this make us hypocrites? If we dismiss these questions, we succumb to mystification in defending treasured rights entirely in terms of the high moral principles they enshrine. For these rights rest at least equally on our tacit sociological assumptions ...
... few will ever invoke them? If that is so, does this make us hypocrites? If we dismiss these questions, we succumb to mystification in defending treasured rights entirely in terms of the high moral principles they enshrine. For these rights rest at least equally on our tacit sociological assumptions ...
The Topic and Key Number System
... are not present in the print version of this case, but they permit useful key number searches on Westlaw when the specific key number needed cannot be identified. For example, you can search for cases assigned to any specific key numbers under subheading 92k90. ...
... are not present in the print version of this case, but they permit useful key number searches on Westlaw when the specific key number needed cannot be identified. For example, you can search for cases assigned to any specific key numbers under subheading 92k90. ...
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.