Sweden The Instrument of Government
... not subject to a penal sanction at the time it was committed. Nor may any penal sanction be imposed which is more severe than that which was in force when the act was committed. The provisions thus laid down with respect to penal sanctions apply in like manner to forfeiture and other special legal e ...
... not subject to a penal sanction at the time it was committed. Nor may any penal sanction be imposed which is more severe than that which was in force when the act was committed. The provisions thus laid down with respect to penal sanctions apply in like manner to forfeiture and other special legal e ...
ASK NOT WHAT YOUR CHARITY CAN DO FOR YOU
... the lawless opportunism of the Wild West.2 Almost weekly yet another public charity finds itself at the center of controversy, accused of dereliction from either the letter or the spirit of some precept governing the charitable sector, a veritable bad boy (or girl) upon the civic landscape.3 General ...
... the lawless opportunism of the Wild West.2 Almost weekly yet another public charity finds itself at the center of controversy, accused of dereliction from either the letter or the spirit of some precept governing the charitable sector, a veritable bad boy (or girl) upon the civic landscape.3 General ...
Obligation to Obey the Law: A Study of the Death of Socrates, by
... his prosecution was this threat to Athenian society. Socrates was offered acquittal on the condition that he would no longer spend his time in the pursuit of philosophy. He refused the offer, saying: "[A]s long as I breathe and have the power, I shall never abandon philosophy nor cease to admonish y ...
... his prosecution was this threat to Athenian society. Socrates was offered acquittal on the condition that he would no longer spend his time in the pursuit of philosophy. He refused the offer, saying: "[A]s long as I breathe and have the power, I shall never abandon philosophy nor cease to admonish y ...
Foolish Consistency: On Equality, Integrity, and Justice in Stare
... a "line" of cases. In this way, stare decisis has the potential to import injustice irremediably into the law. In Portia's words, a single wrong decision need only be "recorded for a precedent,! And many an error by the same example! Will rush into the state.,,6 Of course, in practice stare decisis ...
... a "line" of cases. In this way, stare decisis has the potential to import injustice irremediably into the law. In Portia's words, a single wrong decision need only be "recorded for a precedent,! And many an error by the same example! Will rush into the state.,,6 Of course, in practice stare decisis ...
Secondary Liability and “Selling Away” in Securities Cases
... to obtain e-mail address information for those Business Law Section members seeking their journal only via email, but until that information is available, we will send it to all Section members in paper form and provide it on the Section Web site digitally. The Strategic Plan touches on virtually ev ...
... to obtain e-mail address information for those Business Law Section members seeking their journal only via email, but until that information is available, we will send it to all Section members in paper form and provide it on the Section Web site digitally. The Strategic Plan touches on virtually ev ...
Consider the following question and then prepare a set of
... particular value in the adoption of the types of rules, which bear on advocates. It is fitting that the first case should be a monumental one. The question arises whether the transmission of a fundamental rule into writing converts its character.] THE COURT delivered the following written judgment:T ...
... particular value in the adoption of the types of rules, which bear on advocates. It is fitting that the first case should be a monumental one. The question arises whether the transmission of a fundamental rule into writing converts its character.] THE COURT delivered the following written judgment:T ...
Draft Judgment - FindLaw Legal News
... The problems we have faced have gripped the public interest and the case has received intense coverage in the media. Everyone seems to have a view of the proper outcome. I am very well aware of the inevitability that our answer will be applauded by some but that as many will be offended by it. Many ...
... The problems we have faced have gripped the public interest and the case has received intense coverage in the media. Everyone seems to have a view of the proper outcome. I am very well aware of the inevitability that our answer will be applauded by some but that as many will be offended by it. Many ...
Obligation to Obey the Law: A Study of the Death of Socrates
... his prosecution was this threat to Athenian society. Socrates was offered acquittal on the condition that he would no longer spend his time in the pursuit of philosophy. He refused the offer, saying: "[A]s long as I breathe and have the power, I shall never abandon philosophy nor cease to admonish y ...
... his prosecution was this threat to Athenian society. Socrates was offered acquittal on the condition that he would no longer spend his time in the pursuit of philosophy. He refused the offer, saying: "[A]s long as I breathe and have the power, I shall never abandon philosophy nor cease to admonish y ...
Publication - Det juridiske fakultet
... increasing power of judicial bodies the Nordics are forced to shift their focus when it comes to sources of law. Judges increasingly substitute wider international perspectives, to which international and foreign sources of law are central, for the purely national legal perspective. They are also fo ...
... increasing power of judicial bodies the Nordics are forced to shift their focus when it comes to sources of law. Judges increasingly substitute wider international perspectives, to which international and foreign sources of law are central, for the purely national legal perspective. They are also fo ...
Michael Jaworskyj, Soviet Political Thought
... referred to by Soviet writers. It is hoped that the discussion of these assumptions will bring some clarity to the maze of ideas underly ing Soviet political thought and will facilitate the reader's under standing of the translated materials. A word of explanation is necessary concerning the probl ...
... referred to by Soviet writers. It is hoped that the discussion of these assumptions will bring some clarity to the maze of ideas underly ing Soviet political thought and will facilitate the reader's under standing of the translated materials. A word of explanation is necessary concerning the probl ...
A Legal History of Rome
... progressed through a remarkable process of evolution. It advanced through different stages of development and underwent important transformations, both in substance and in form, as it adjusted to changes in society, especially those changes derived from Rome’s expansion in the ancient world. During ...
... progressed through a remarkable process of evolution. It advanced through different stages of development and underwent important transformations, both in substance and in form, as it adjusted to changes in society, especially those changes derived from Rome’s expansion in the ancient world. During ...
Abstract book - Publication Server of Goethe University Frankfurt am
... Bemerkungen zur Diskussion Kelsen – Pitamic (Methodological Clarity or Substantial Purity? Notes on the Discussion between Kelsen and Pitamic) ...
... Bemerkungen zur Diskussion Kelsen – Pitamic (Methodological Clarity or Substantial Purity? Notes on the Discussion between Kelsen and Pitamic) ...
The Alien Tort Statute and the Law of Nations
... the United States was a weak nation seeking to avoid conflict with other nations. Every nation had a duty to redress certain violations of the law of nations committed by its citizens or subjects against other nations or their citizens—from the most serious offenses (such as those against ambassador ...
... the United States was a weak nation seeking to avoid conflict with other nations. Every nation had a duty to redress certain violations of the law of nations committed by its citizens or subjects against other nations or their citizens—from the most serious offenses (such as those against ambassador ...
The Application of the British Criminal Law Towards Māori During
... Given that “[f]rontier zones could differ markedly from each other,”8 I have endeavoured to confine my conclusions only to those Māori who were engaging with the British justice system during the early colonial period. The first three chapters will largely provide the context and analysis that is re ...
... Given that “[f]rontier zones could differ markedly from each other,”8 I have endeavoured to confine my conclusions only to those Māori who were engaging with the British justice system during the early colonial period. The first three chapters will largely provide the context and analysis that is re ...
Volume 16, 2008 - University of Waikato
... There is now a more open acknowledgement that deciding a new point may not be primarily a process of deduction; and that the search is rather for the solution that seems fair and just after balancing all the relevant considerations. Some lawyers, possibly many lawyers, find this disturbing. It affro ...
... There is now a more open acknowledgement that deciding a new point may not be primarily a process of deduction; and that the search is rather for the solution that seems fair and just after balancing all the relevant considerations. Some lawyers, possibly many lawyers, find this disturbing. It affro ...
Discretion, Delegation, and Defining in the Constitution`s Law of
... This Article sketches the limits of Congress’s power to define offenses. Furthermore, it examines the reach of the power when Congress delegates authority to define offenses to other branches. The former analysis has significance for the current military commission litigation, where the defendants a ...
... This Article sketches the limits of Congress’s power to define offenses. Furthermore, it examines the reach of the power when Congress delegates authority to define offenses to other branches. The former analysis has significance for the current military commission litigation, where the defendants a ...
Journal of Law, No. 1, 2012
... populum" the criminal competence of the magistrates was limited with only the preliminary courtcase processing. We are of the view that "provocatio ad populum" was not the legal way to appeal the sentence, but it was used as a political means of protest against the malfeasance from the officials. Ul ...
... populum" the criminal competence of the magistrates was limited with only the preliminary courtcase processing. We are of the view that "provocatio ad populum" was not the legal way to appeal the sentence, but it was used as a political means of protest against the malfeasance from the officials. Ul ...
Co-existence of Single Positive Law and Plural Normative Orders:
... As it recognized in western legal theory, there are two types of state law: positive law of nation state (national law) and positive law of nation states (international Law). Each of them represents legal monism. In 1975 I have distinguished legal monism or single positive law and normative pluralis ...
... As it recognized in western legal theory, there are two types of state law: positive law of nation state (national law) and positive law of nation states (international Law). Each of them represents legal monism. In 1975 I have distinguished legal monism or single positive law and normative pluralis ...
jurisdiction and control at sea
... Continental Shelf. In addition to these, other previously established institutions, such as the International Maritime Organization, are called upon by UNCLOS to fill gaps and provide details. This notwithstanding, it is a fact that there are new areas out of the scope of the Convention, in most cas ...
... Continental Shelf. In addition to these, other previously established institutions, such as the International Maritime Organization, are called upon by UNCLOS to fill gaps and provide details. This notwithstanding, it is a fact that there are new areas out of the scope of the Convention, in most cas ...
CLoSA Draft Chapter 34 Limitations
... Constitution of the Republic of South Africa Act 108 of 1996 (‘FC’ or ‘Final Constitution’). Section 33(1), the limitation clause, of the Constitution of the Republic of South Africa Act 200 of 1993 (‘IC’ or ‘Interim Constitution’) read: The rights entrenched in this Chapter may be limited by law of ...
... Constitution of the Republic of South Africa Act 108 of 1996 (‘FC’ or ‘Final Constitution’). Section 33(1), the limitation clause, of the Constitution of the Republic of South Africa Act 200 of 1993 (‘IC’ or ‘Interim Constitution’) read: The rights entrenched in this Chapter may be limited by law of ...
Settled Versus Right: Constitutional Method and the Path of Precedent
... exhibit varying jurisprudential sympathies. It also reflects the skepticism of some individual Justices toward unified theories of interpretation.21 These institutional and individual considerations have converged to establish the Court’s approach to constitutional interpretation as fundamentally pl ...
... exhibit varying jurisprudential sympathies. It also reflects the skepticism of some individual Justices toward unified theories of interpretation.21 These institutional and individual considerations have converged to establish the Court’s approach to constitutional interpretation as fundamentally pl ...
consolidating democracy in a troubled continent
... democracy will take root. African nations continue to confront challenges from politicized militaries, fragmented civil societies, and dysfunctional institutions. To negotiate their way through such obstacles, these countries require institutional changes consistent with democratic ideals, including ...
... democracy will take root. African nations continue to confront challenges from politicized militaries, fragmented civil societies, and dysfunctional institutions. To negotiate their way through such obstacles, these countries require institutional changes consistent with democratic ideals, including ...
mimesis and sociality: a reading of the question of literature in
... suggestion to reduce the question of mimesis to literature, or the question of literature to sociality; to the contrary, the suggestion of this thesis is that it is rather more promising to study these terms before their conceptual closure so that we will be able to figure out how the questioning of ...
... suggestion to reduce the question of mimesis to literature, or the question of literature to sociality; to the contrary, the suggestion of this thesis is that it is rather more promising to study these terms before their conceptual closure so that we will be able to figure out how the questioning of ...
CIVICS CH 4
... Following are the attributes or characteristics of sovereignty: 1. Absoluteness. Sovereignty of the state knows no legal limitations, either internally or externally. It is its main characteristic which makes it prominent than other associations. It also implies its universality, inalienability, per ...
... Following are the attributes or characteristics of sovereignty: 1. Absoluteness. Sovereignty of the state knows no legal limitations, either internally or externally. It is its main characteristic which makes it prominent than other associations. It also implies its universality, inalienability, per ...
Legitimate Legal Argument and Internally
... culture the use of a particular type of argument to determine what the law is will be morally legitimate if and only if it is consistent with our society's liberal basic moral principle. This implies not only that arguments based on this moral principle (hereinafter "arguments of moral principle") a ...
... culture the use of a particular type of argument to determine what the law is will be morally legitimate if and only if it is consistent with our society's liberal basic moral principle. This implies not only that arguments based on this moral principle (hereinafter "arguments of moral principle") a ...
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.