Tracing the Performance of Law in Indonesia (A Perspective of
... busy on the mainstream of ontological discussion and speculative debate about what the meaning of justice, decency, and absolute law is, which is farther away from the concrete problem. Along with the setback of Natural Law, it needs a positive scientific law, so as at the right moment Hans Kelsen a ...
... busy on the mainstream of ontological discussion and speculative debate about what the meaning of justice, decency, and absolute law is, which is farther away from the concrete problem. Along with the setback of Natural Law, it needs a positive scientific law, so as at the right moment Hans Kelsen a ...
Lecture The Sociology of Law as an Empirical
... Figure 4. The construction of the science of morals and rights that is to say, the humanity in him. Rules which obligate the state to protect this Individual possess, therefore, in ‘higher societies’, the highest authority. Of course, it would be more precise to say that they should possess it. Any ...
... Figure 4. The construction of the science of morals and rights that is to say, the humanity in him. Rules which obligate the state to protect this Individual possess, therefore, in ‘higher societies’, the highest authority. Of course, it would be more precise to say that they should possess it. Any ...
Sample pages 6 PDF
... Finibus and in De Natura Deorum, but without actually being a “full” Stoic. Grotius must especially have relished the remarkable page in De Finibus in which the great Roman jurisconsult insists that in the whole moral sphere of which we are speaking there is nothing more glorious nor of wider range ...
... Finibus and in De Natura Deorum, but without actually being a “full” Stoic. Grotius must especially have relished the remarkable page in De Finibus in which the great Roman jurisconsult insists that in the whole moral sphere of which we are speaking there is nothing more glorious nor of wider range ...
THE CASE FOR THE COMMON LAW Evelyn Keyes I am a state
... Value is one big thing. The truth about living well and being good and what is wonderful is not only coherent but mutually supporting: what we think about any one of these must stand up, eventually, to any argument we find compelling about the rest. I try to illustrate the unity of at least ethical ...
... Value is one big thing. The truth about living well and being good and what is wonderful is not only coherent but mutually supporting: what we think about any one of these must stand up, eventually, to any argument we find compelling about the rest. I try to illustrate the unity of at least ethical ...
THE CASE OF THE SPELUNCEAN EXPLORERS by LON L
... of their life in common. When the assumption that men may live together loses its truth, as it obviously did in this extraordinary situation where life only became possible by the taking of life, then the basic premises underlying our whole legal order have lost their meaning and force. Had the trag ...
... of their life in common. When the assumption that men may live together loses its truth, as it obviously did in this extraordinary situation where life only became possible by the taking of life, then the basic premises underlying our whole legal order have lost their meaning and force. Had the trag ...
Dr Mariusz J. Golecki, Ph.D., LL.M. Cantab
... It is generally pointed out by many authors that the success of bargaining process could not be automatically taken for granted. If the Coasean bargaining takes place on the market (a weak version of Coase Theorem), then the theorem itself does not add much to the general equilibrium theorem, and as ...
... It is generally pointed out by many authors that the success of bargaining process could not be automatically taken for granted. If the Coasean bargaining takes place on the market (a weak version of Coase Theorem), then the theorem itself does not add much to the general equilibrium theorem, and as ...
Sumptuary Law at the Movies: The Entertainments Tax Act 1917 (Cth)
... Many people think of sumptuary law as an archaic form of governmental intervention in the personal lives of medieval people and which had no significance in more modern times. This paper however, suggests that sumptuary projects were particularly ‘alive’ during the First World War. This was a period ...
... Many people think of sumptuary law as an archaic form of governmental intervention in the personal lives of medieval people and which had no significance in more modern times. This paper however, suggests that sumptuary projects were particularly ‘alive’ during the First World War. This was a period ...
Skeptical Legal Education: How to Develop a Critical Attitude? Bart
... academic discipline constitutes a language of its own, with its own rules, by means of which certain aspects of the world and human existence can be expressed. It is the task of the teacher to teach the students the rules of the language and to show how one can make one’s own contribution to the ong ...
... academic discipline constitutes a language of its own, with its own rules, by means of which certain aspects of the world and human existence can be expressed. It is the task of the teacher to teach the students the rules of the language and to show how one can make one’s own contribution to the ong ...
Insights on Law and Society, Vol. 2, No. 2
... n America, there may be no more enduring character than the gunfighter. Popularized in dime novels, glamorized in countless Hollywood films, and serialized on television from Gunsmoke to Wild, Wild West, his image is nearly synonymous with the frontier itself. Sometimes a hero, sometimes a villain o ...
... n America, there may be no more enduring character than the gunfighter. Popularized in dime novels, glamorized in countless Hollywood films, and serialized on television from Gunsmoke to Wild, Wild West, his image is nearly synonymous with the frontier itself. Sometimes a hero, sometimes a villain o ...
FEMINISM AND LEGAL POSITIVISM Margot Stubbs
... moral judgments are unable to be established or defended - as can statements of fact - by rational argument, evidence or proof. As Hart’s summary adverts to it, legal positivism is concerned with abstract notions of sovereignty, hierarchy and command as the intrinsic condition of the law. It defines ...
... moral judgments are unable to be established or defended - as can statements of fact - by rational argument, evidence or proof. As Hart’s summary adverts to it, legal positivism is concerned with abstract notions of sovereignty, hierarchy and command as the intrinsic condition of the law. It defines ...
Notes on the Devlin/Hart Debate
... The function of the criminal law is to preserve public order and decency, to protect the citizen from what is injurious, and to provide sufficient safeguards against exploitation and corruption of others, particularly those who are specially vulnerable.…It is not…the function of the law to intervene ...
... The function of the criminal law is to preserve public order and decency, to protect the citizen from what is injurious, and to provide sufficient safeguards against exploitation and corruption of others, particularly those who are specially vulnerable.…It is not…the function of the law to intervene ...
Right to Seek Redressal
... “ The customer is the most important visitor on our premises. He is not dependent on us. We are dependent on him. He is not an interruption on our work. He is the purpose of it. He is not an outsider on our business. He is part of it. We are not doing him a favour by serving him. He is doing us a f ...
... “ The customer is the most important visitor on our premises. He is not dependent on us. We are dependent on him. He is not an interruption on our work. He is the purpose of it. He is not an outsider on our business. He is part of it. We are not doing him a favour by serving him. He is doing us a f ...
Stronger NCAs – Procedures, Powers, Prospects
... decisions, and for national competition authorities to adopt similar decisions in very specific circumstances. 12. Clearly any guidance which was not subsequently backed up by case law was of little value. At the same time, reliance on old case law which reflected neither technological and market d ...
... decisions, and for national competition authorities to adopt similar decisions in very specific circumstances. 12. Clearly any guidance which was not subsequently backed up by case law was of little value. At the same time, reliance on old case law which reflected neither technological and market d ...
My Bio - Carol Ann Wilson
... Freelance writer specializing in plain language; immediate past editor and continuing feature writer for Legal Secretaries International Inc. In Brief quarterly journal; editor for monthly journal of Military Officers Association of America, Houston Area chapter. Prior employment. Corporate officer ...
... Freelance writer specializing in plain language; immediate past editor and continuing feature writer for Legal Secretaries International Inc. In Brief quarterly journal; editor for monthly journal of Military Officers Association of America, Houston Area chapter. Prior employment. Corporate officer ...
Peking University – May 7th, 2013 Aquinas on Natural Law Riccardo
... However, natural law and positive law are not considered in opposition by natural law theorists, because, according to their point of view, positive law and natural law are two different levels of one moral and legal order: natural law is the more general level of both a sheer social fact of power a ...
... However, natural law and positive law are not considered in opposition by natural law theorists, because, according to their point of view, positive law and natural law are two different levels of one moral and legal order: natural law is the more general level of both a sheer social fact of power a ...
Suárez and the formality of law
... how we should think of the moral quality of law in relation to its formal features. Is law to be appreciated as a manifestation of the common good (and if so, what or whose common good?) or should we content ourselves with the idea that law is a formal and neutral tool for order and decision making, ...
... how we should think of the moral quality of law in relation to its formal features. Is law to be appreciated as a manifestation of the common good (and if so, what or whose common good?) or should we content ourselves with the idea that law is a formal and neutral tool for order and decision making, ...
Some Reflections on the Ideal Dimension of Law
... It is obvious that the content of the claim to correctness in each of the two aforementioned examples is quite different. In the fictitious first article of a constitution, correctness qua justice refers to justice or correctness simpliciter. In the sentence to life imprisonment, the claim to correc ...
... It is obvious that the content of the claim to correctness in each of the two aforementioned examples is quite different. In the fictitious first article of a constitution, correctness qua justice refers to justice or correctness simpliciter. In the sentence to life imprisonment, the claim to correc ...
MAGNA CARTA AND ITS SIGNIFICANT ROLE FOR RULE OF LAW
... page no 2) explains. Namely, there is a fragment from Iustinianus Primus’ Institutions where it is stated “…cum lege regia que de imperio eius lata est, populous ei et in cum omne suum imperium et potestatem concessit”, meaning that the people hold the power (imperium) which is merely delegated to t ...
... page no 2) explains. Namely, there is a fragment from Iustinianus Primus’ Institutions where it is stated “…cum lege regia que de imperio eius lata est, populous ei et in cum omne suum imperium et potestatem concessit”, meaning that the people hold the power (imperium) which is merely delegated to t ...
Normative Pluralism: an Exploration, by Jan Klabbers and Touko
... international lawyer Bruno Simma, who seemed to speak for many. Having established as his starting point the proposition that humanitarian intervention is, as such, illegal under international law, he proceeded by stating that nonetheless in any instance of humanitarian intervention a careful assess ...
... international lawyer Bruno Simma, who seemed to speak for many. Having established as his starting point the proposition that humanitarian intervention is, as such, illegal under international law, he proceeded by stating that nonetheless in any instance of humanitarian intervention a careful assess ...
Protagoras
... “because cities could not exist if, as in the case of other arts, few men only were partakers of them.” • So how are we to reconcile these conflicting views about the nature of ethics, law and the State? Which represents Protagoras’ authentic views? The Law in general is founded on certain ethical ...
... “because cities could not exist if, as in the case of other arts, few men only were partakers of them.” • So how are we to reconcile these conflicting views about the nature of ethics, law and the State? Which represents Protagoras’ authentic views? The Law in general is founded on certain ethical ...
The Rule of Law: Ideal or Ideology, by A. C. Hutchinson and P
... (1) We might say that the rule of law is indeed a good worth pursuing, but one inherently subject to the distortions of human interest. The failures are those of imperfect compliance: we need to try harder. In general terms, this answer is favoured by Judith Shklar, Theodore Lowi, Ernest Weinrib and ...
... (1) We might say that the rule of law is indeed a good worth pursuing, but one inherently subject to the distortions of human interest. The failures are those of imperfect compliance: we need to try harder. In general terms, this answer is favoured by Judith Shklar, Theodore Lowi, Ernest Weinrib and ...
Friesen Conference - Simon Fraser University
... 1992 California Death with Dignity Act appears on the state ballot as a proposition and is only narrowly defeated. 1994 Oregon voters approve Measure 16, a Death With Dignity Act ballot initiative that would permit terminally ill patients, under proper safeguards, to obtain a physician's prescripti ...
... 1992 California Death with Dignity Act appears on the state ballot as a proposition and is only narrowly defeated. 1994 Oregon voters approve Measure 16, a Death With Dignity Act ballot initiative that would permit terminally ill patients, under proper safeguards, to obtain a physician's prescripti ...
International Law and the UN System
... presented by Weston, Falk and D’Amato through quoting several authors who argue that “law” is larger than what governments decide. As one author (Weston) puts it: Law does not live by executives and legislators alone. It lives also by individual human beings such as ourselves, pushing and pulling th ...
... presented by Weston, Falk and D’Amato through quoting several authors who argue that “law” is larger than what governments decide. As one author (Weston) puts it: Law does not live by executives and legislators alone. It lives also by individual human beings such as ourselves, pushing and pulling th ...
Four modes of regulation in cyberspace
... to apply. The norms that come about as a result of education may need to be put into writing. In a technological era this writing might take the form of Acceptable Use Policies, Terms of Engagement and other polices that act as a norm but may not be legally enforceable like a contract. Over time nor ...
... to apply. The norms that come about as a result of education may need to be put into writing. In a technological era this writing might take the form of Acceptable Use Policies, Terms of Engagement and other polices that act as a norm but may not be legally enforceable like a contract. Over time nor ...
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.