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Volume I
Volume I

... © 2010 Due Process of Law Foundation All rights reserved Printed in the United States of America ISBN 978-0-9827557-0-9 This volume was published with financial support from the United ...
State - Office of Legal Affairs
State - Office of Legal Affairs

... and may quite well be based on different criteria.8 The reply to the question whether and in what conditions the action or omission by an organ of a State which exceeds its competence or contravenes the provisions of municipal law to which it is subject may be attributed to that State in internation ...
Bylaws and Regulations
Bylaws and Regulations

... -Law No. 26702 published 09.12.1996 -Law No. 27287 published 19.06.2000 -Law No. 27649 published 23.01.2002 - Law No. 28306 published 29.07.2004 - Law No. 28655 published 29.12.2005 - Legislative Decree No. 1061 published 28.06.2008 -Law No. 29638 published 24.12.2010 - Law No. 29660 published 04.02 ...
Assistant Professor of Law, University of Florida
Assistant Professor of Law, University of Florida

... responding to gross human rights violations. (Compare the recent approach of the South African Truth and Reconciliation Commission, where amnesty was granted upon a full confession, with the prosecutorial model of the Neuremberg a half-century ago.15) However, this Article focuses on the civil sett ...
Article - The Yale Law Journal
Article - The Yale Law Journal

... with the problems of overzealous attorneys and clogged dockets. Unlike informal case management techniques that are judge-initiated and allow judges broad discretion, the summary judgment mechanism relies on the parties to frame disputes and gives judges legal standards upon which to base their deci ...
Serbia Report 2016 - European Commission
Serbia Report 2016 - European Commission

... first enlargement country to introduce the EU Index of Gender Equality. Further sustained efforts are needed to improve the situation of persons belonging to the most discriminated groups (Roma, lesbian, gay, bisexual, transgender and intersex persons, persons with disabilities, persons with HIV/AID ...
The Role of Personal Values in Professional Decisionmaking
The Role of Personal Values in Professional Decisionmaking

... 12. See, e.g., David J. Luban, Introduction to THE GOOD LAWYER, supra note 9, at I ("The authors ... address the fundamental problems of legal ethics: does the professional role of lawyers impose duties that are different from, or even in conflict with, common morality?"); David Luban, ed., THE ETHi ...
How Legal Inefficacy Strengthened the Athenian Democracy
How Legal Inefficacy Strengthened the Athenian Democracy

... Anti-bribery reform advocates consequently focus on diffusing political power and reducing discretion while increasing accountability. In making government more efficient and fair, such reforms implicitly make government more responsive to the people‘s interests. It is perhaps no coincidence, then, ...
promises of silence: contract law and freedom of speech
promises of silence: contract law and freedom of speech

... REGULATING CONTRACTS OF SILENCE DIRECTLY. WHEN THE SALE OF A PARTY'S SILENCE SHOiU ...
hla hart`s lost essay: discretion and the legal process school
hla hart`s lost essay: discretion and the legal process school

... Sacks, Herbert Wechsler, Paul Freund, and Lon Fuller — but also an opportunity to demystify his approach to legal scholarship. The analytical jurisprudence Hart had developed at Oxford — which prized conceptual clarity, logical rigor, and the careful study of language in legal analysis — aroused sus ...
PDF - Durham e-Theses
PDF - Durham e-Theses

... timely and insightful supervisions from both of my supervisors: Professor Ian Leigh and Dr. James Sweeney. My heartfelt gratitude therefore goes first to them both. It is by their guidance that I moved step by step forward. Supervision meetings with them were always fruitful and inspiring. They spot ...
THE NEW RACIAL JUSTICE: MOVING BEYOND THE EQUAL
THE NEW RACIAL JUSTICE: MOVING BEYOND THE EQUAL

... claims, but they have not even been predicated upon racial inequality, much less inequity.14 Some scholars have questioned whether a race-neutral approach to race-based problems is appropriate, criticizing it as a misguided embrace of a “post-racial” society.15 This Article offers a response grounde ...
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Rahmani, Ataollah (2007) Majority rule and minority shareholder
Rahmani, Ataollah (2007) Majority rule and minority shareholder

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A/5509 - Office of Legal Affairs
A/5509 - Office of Legal Affairs

... within the State unless " approved " or confirmed in some manner by a legislative organ; others contain fundamental laws which are not susceptible of alteration except by a special procedure of constitutional amendment and which in that way indirectly impose restrictions upon the power of the execut ...
Socrates Misinterpreted and Misapplied
Socrates Misinterpreted and Misapplied

... arguments as a springboard for closer analysis of how they present explanations for obedience to the state. The argument from agreement is based on the claim that Socrates would be breaking his word if he tried to escape. In the Crito, the Laws speak for Socrates to effectively persuade Crito of the ...
end-of-life law and assisted dying in the 21 century: time for cautious
end-of-life law and assisted dying in the 21 century: time for cautious

... medical evidence indicates), or whether the picture, across the range of medical practice, is more complicated. Exploring the empirical evidence over possible death hastening and the apparently increasing use of palliative or terminal sedation, I question both the legal status (of) and the ethical ...
Was Pyrrho the Founder of Skepticism?
Was Pyrrho the Founder of Skepticism?

... traditions. In order to gain acceptance for his philosophy, Arcesilaus had to show his precursors to be Socrates and Plato. Differences also existed. Pyrrho’s skepticism with gave “no reason to engage in philosophical argument” (LS, 446). For him skepticism was a way of life, but for Arcesilaus it w ...
Quality of Decision-Making in Public Law
Quality of Decision-Making in Public Law

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Vazquez Article on Self-executing Treaties
Vazquez Article on Self-executing Treaties

... after disavowing its Foster holding four years later in United States v. Percheman,4 the Court all but abandoned the field for the next 174 years. In the meantime, the lower courts confessed to being confounded by the “self-execution” question.5 The Supreme Court reentered the field last Term in Med ...
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seeking justice in transitional societies: an analysis of the problems

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Treaties as Law of the Land - Scholarship @ GEORGETOWN LAW
Treaties as Law of the Land - Scholarship @ GEORGETOWN LAW

... after disavowing its Foster holding four years later in United States v. Percheman,4 the Court all but abandoned the field for the next 174 years. In the meantime, the lower courts confessed to being confounded by the “self-execution” question.5 The Supreme Court reentered the field last Term in Med ...
ASPECTS OF CONFIDENTIALITY  IN MEDICAL LAW
ASPECTS OF CONFIDENTIALITY IN MEDICAL LAW

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Brooklyn Law Review - Brooklyn Law School
Brooklyn Law Review - Brooklyn Law School

... Ingber remains skeptical about the basic assumptions inherent in the justification from truth. Stanley Ingber, The Marketplace of Ideas: A Legitimizing Myth, 1984 DUKE L.J. 1, 1. His criticisms deserve the kind of careful replies that would take me outside the scope of this Article, although I do ad ...
Legal History and Traditions - Ethiopian Legal Brief
Legal History and Traditions - Ethiopian Legal Brief

... faced; the type of solutions they gave to such problems and the reasons why they chose those solutions. Identifying the key issues encountered by past legal systems and the solutions offered thereto is hoped to throw light on the foundations of the Ethiopian legal system since some major legal tradi ...
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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.
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