international tribunal for the law of the sea tribunal international du
... define the same thing; in particular, these terms are used to describe the character E/4/Rev.2 ...
... define the same thing; in particular, these terms are used to describe the character E/4/Rev.2 ...
Dual Inheritance Theory, Contract Law, and
... A; if context Y, then perform B"). In order to study these behavioral strategies, human behavioral ecologists then for instance construct optimality models and analyze the trade-offs an individual faces in (consciously or unconsciously) deciding upon which strategy to use in a given situation. The t ...
... A; if context Y, then perform B"). In order to study these behavioral strategies, human behavioral ecologists then for instance construct optimality models and analyze the trade-offs an individual faces in (consciously or unconsciously) deciding upon which strategy to use in a given situation. The t ...
How Robust can Inconsistency Get?
... can be proved from a negation-inconsistency. In other words, ex falso-compliant systems detonate on the presence of any contradictory pair of theorems; which is the very thing that paraconsistentists want to avoid. This raises the question of how a paraconsistent system should manage its negation-in ...
... can be proved from a negation-inconsistency. In other words, ex falso-compliant systems detonate on the presence of any contradictory pair of theorems; which is the very thing that paraconsistentists want to avoid. This raises the question of how a paraconsistent system should manage its negation-in ...
The former Yugoslav Republic of Macedonia Report 2016
... greater checks and balances. At the same time, civil society organisations continue to express their concerns about the deterioration of the climate in which they operate and the limited government commitment to dialogue, as well as about public attacks by politicians and progovernment media. The co ...
... greater checks and balances. At the same time, civil society organisations continue to express their concerns about the deterioration of the climate in which they operate and the limited government commitment to dialogue, as well as about public attacks by politicians and progovernment media. The co ...
the disutility of injustice - SAS Sites
... avoidance of crime has traditionally been sought through the mechanisms of general and special deterrence, incapacitation of the dangerous, and rehabilitation. Some academics and researchers have recently suggested that, in addition to these traditional coercive crimecontrol mechanisms, punishment c ...
... avoidance of crime has traditionally been sought through the mechanisms of general and special deterrence, incapacitation of the dangerous, and rehabilitation. Some academics and researchers have recently suggested that, in addition to these traditional coercive crimecontrol mechanisms, punishment c ...
Kant-The Critique of Practical Reason
... It is here that Kant first signals in the Critique of Practical Reason the form of the law of morality he has in mind. He refers to the question ‘what if everybody did that?’ which one might put to an actor. He asks whether an action would be practicable and in particular if it would lead to other r ...
... It is here that Kant first signals in the Critique of Practical Reason the form of the law of morality he has in mind. He refers to the question ‘what if everybody did that?’ which one might put to an actor. He asks whether an action would be practicable and in particular if it would lead to other r ...
The Supremacy Clause, Original Meaning, and Modern Law
... Article VI: the Constitution, "Laws made in Pursuance thereof," and U.S. treaties. As a result, state laws cannot be displaced by executive branch policies or judicial assessments of federal interests lacking constitutional or statutory grounding. 12 On the other hand, federal interests that do come ...
... Article VI: the Constitution, "Laws made in Pursuance thereof," and U.S. treaties. As a result, state laws cannot be displaced by executive branch policies or judicial assessments of federal interests lacking constitutional or statutory grounding. 12 On the other hand, federal interests that do come ...
taking care of immigration law: presidential
... exercise of prosecutorial discretion with respect to seeking removal of individuals who came to the United States as children). 2 The work of a leading immigration scholar illustrates the point. Compare David A. Martin, Preventive Detention: Immigration Law Lessons for the Enemy Combatant Debate, 18 ...
... exercise of prosecutorial discretion with respect to seeking removal of individuals who came to the United States as children). 2 The work of a leading immigration scholar illustrates the point. Compare David A. Martin, Preventive Detention: Immigration Law Lessons for the Enemy Combatant Debate, 18 ...
Immanuel Kant-Groundwork for the Metaphysics of Morals
... for example, the precept, “Thou shalt not lie,” is not valid for men alone, as if other rational beings had no need to observe it; and so with all the other moral laws properly so called; that, therefore, the basis of obligation must not be sought in the nature of man, or in the circumstances in the ...
... for example, the precept, “Thou shalt not lie,” is not valid for men alone, as if other rational beings had no need to observe it; and so with all the other moral laws properly so called; that, therefore, the basis of obligation must not be sought in the nature of man, or in the circumstances in the ...
Magna Carta and the ius commune - Chicago Unbound
... subject. This is natural in a sense. By contrast with the laws of most European nations, where a reception of the Roman law is known to have occurred, the English common law has long been regarded as a "thoroughly native species."" Magna Carta is one example-albeit a particularly important example-- ...
... subject. This is natural in a sense. By contrast with the laws of most European nations, where a reception of the Roman law is known to have occurred, the English common law has long been regarded as a "thoroughly native species."" Magna Carta is one example-albeit a particularly important example-- ...
KANT S THEORY OF MORAL MOTIVATION
... Nevertheless, this does not mean that on Kant's view morality does not require one to "know (scrutinize fathom) yourself […] That is, know your heart--whether it is good or evil, whether the source of your actions is pure or impure" (6: 441). Indeed, since morality for Kant is not a matter of theor ...
... Nevertheless, this does not mean that on Kant's view morality does not require one to "know (scrutinize fathom) yourself […] That is, know your heart--whether it is good or evil, whether the source of your actions is pure or impure" (6: 441). Indeed, since morality for Kant is not a matter of theor ...
Blank Template - Anderson School District One
... (1) Information that relates to, and if concerning a United States person is necessary to, the ability of the United States to protect against (A) actual or potential attack or other grave hostile acts of a foreign power or an agent of a foreign power; (B) sabotage, international terrorism, or the i ...
... (1) Information that relates to, and if concerning a United States person is necessary to, the ability of the United States to protect against (A) actual or potential attack or other grave hostile acts of a foreign power or an agent of a foreign power; (B) sabotage, international terrorism, or the i ...
THE CONCEPT OF LAW Prof. Dr. and
... body, for instance, takes place according to an orderly system whereby only as many cells are produced as are required for the replacement of worn-out or damaged ones. Most illnesses show typical symptoms and follow characteristic courses; if this were not true, all medical therapy would rest on gue ...
... body, for instance, takes place according to an orderly system whereby only as many cells are produced as are required for the replacement of worn-out or damaged ones. Most illnesses show typical symptoms and follow characteristic courses; if this were not true, all medical therapy would rest on gue ...
THE CONCEPT OF LAW Prof. Dr. and
... body, for instance, takes place according to an orderly system whereby only as many cells are produced as are required for the replacement of worn-out or damaged ones. Most illnesses show typical symptoms and follow characteristic courses; if this were not true, all medical therapy would rest on gue ...
... body, for instance, takes place according to an orderly system whereby only as many cells are produced as are required for the replacement of worn-out or damaged ones. Most illnesses show typical symptoms and follow characteristic courses; if this were not true, all medical therapy would rest on gue ...
The Importance of Being Earnest: Scepticism and the Limits of
... Even without recalling Peirce’s famous critique of Cartesianism contained in his 1868 Journal of Speculative Philosophy papers, this schematic survey already suffices to show that, initially, Peirce’s understanding of scepticism was closely coupled with his discussion of Cartesian epistemology, but ...
... Even without recalling Peirce’s famous critique of Cartesianism contained in his 1868 Journal of Speculative Philosophy papers, this schematic survey already suffices to show that, initially, Peirce’s understanding of scepticism was closely coupled with his discussion of Cartesian epistemology, but ...
Magna Carta and the ius commune
... subject. This is natural in a sense. By contrast with the laws of most European nations, where a reception of the Roman law is known to have occurred, the English common law has long been regarded as a "thoroughly native species."" Magna Carta is one example-albeit a particularly important example-- ...
... subject. This is natural in a sense. By contrast with the laws of most European nations, where a reception of the Roman law is known to have occurred, the English common law has long been regarded as a "thoroughly native species."" Magna Carta is one example-albeit a particularly important example-- ...
Progressive and Conservative Constitutionalism
... amendment requires, and of the meaning of constitutionalism more generally, are rooted in these contrasting political attitudes toward social power. Correlatively, the debate presently ongoing between progressives and conservatives is only superficially over interpretive issues; on a more substantiv ...
... amendment requires, and of the meaning of constitutionalism more generally, are rooted in these contrasting political attitudes toward social power. Correlatively, the debate presently ongoing between progressives and conservatives is only superficially over interpretive issues; on a more substantiv ...
Laws and Meta-Laws of Nature: Conservation
... principle is a meta-law or a byproduct of the laws—especially what difference it would make to the symmetry principle’s explanatory power. The difference between a regularity among the laws that merely obtains and one that obtains as a meta-law is a difference for which any metaphysical analysis of ...
... principle is a meta-law or a byproduct of the laws—especially what difference it would make to the symmetry principle’s explanatory power. The difference between a regularity among the laws that merely obtains and one that obtains as a meta-law is a difference for which any metaphysical analysis of ...
Polymorphous Public Law Litigation: The Forgotten History of
... do Congress, the President, and “the people themselves” share the power to interpret and enforce the Constitution? This article reframes the debate about judicial supremacy by raising a different question: what legal sources do courts apply to protect individual rights from government infringement? ...
... do Congress, the President, and “the people themselves” share the power to interpret and enforce the Constitution? This article reframes the debate about judicial supremacy by raising a different question: what legal sources do courts apply to protect individual rights from government infringement? ...
View PDF - Notre Dame Law Review
... bore responsibility under contemporaneous international law.3 One such law of nation obligation at the time was something William Blackstone called a general implied safe conduct. “The general implied safe conduct [was] an extraordinarily broad protection for aliens, essentially converting any injur ...
... bore responsibility under contemporaneous international law.3 One such law of nation obligation at the time was something William Blackstone called a general implied safe conduct. “The general implied safe conduct [was] an extraordinarily broad protection for aliens, essentially converting any injur ...
Legal Gazette
... A regime is the set of governing rules under which an entity operates. SHAPE operates under the “NATO SOFA family,” i.e., the 1951 NATO SOFA on the status of forces, the 1952 Paris Protocol on international military headquarters, the 1967 SHAPE-Belgium Agreement (SBA), and the lower level agreements ...
... A regime is the set of governing rules under which an entity operates. SHAPE operates under the “NATO SOFA family,” i.e., the 1951 NATO SOFA on the status of forces, the 1952 Paris Protocol on international military headquarters, the 1967 SHAPE-Belgium Agreement (SBA), and the lower level agreements ...
Law and Neoliberalism - Duke Law Scholarship Repository
... 15. In this vein, Wendy Brown cautions that the popular concept of neoliberalism, which equates it “with a radically free market: maximized competition and free trade achieved through economic deregulation” may inadvertently “reduce neo-liberalism to a bundle of economic policies with inadvertent po ...
... 15. In this vein, Wendy Brown cautions that the popular concept of neoliberalism, which equates it “with a radically free market: maximized competition and free trade achieved through economic deregulation” may inadvertently “reduce neo-liberalism to a bundle of economic policies with inadvertent po ...
Topic One: Introduction to Conflict of Laws
... Traditionally, matters which were substantive were subject to their own law, even if it was a foreign law. Matter which were deemed procedural were subject to the law of the forum (lex fori). Most authorities start out with the procedural/lex fori rule, but then present so many exceptions and have ...
... Traditionally, matters which were substantive were subject to their own law, even if it was a foreign law. Matter which were deemed procedural were subject to the law of the forum (lex fori). Most authorities start out with the procedural/lex fori rule, but then present so many exceptions and have ...
Thomas Hobbes and the Invented Tradition of Positivism
... Both the positivist and the natural law strands need to be made supremely vague if they are to be "discovered" in every era, and in every academic debate. Thus, the paradigmatic' examples of each philosophy get cut off from the political, epistemological, and rhetorical purposes which they served. ( ...
... Both the positivist and the natural law strands need to be made supremely vague if they are to be "discovered" in every era, and in every academic debate. Thus, the paradigmatic' examples of each philosophy get cut off from the political, epistemological, and rhetorical purposes which they served. ( ...
Customary International Law in State Courts
... as likely to develop rules of CIL less injurious to foreign interests than the prevailing federal court interpretation. The ability of state courts to develop uniform interpretations of CIL independently helps explain why federal courts after Erie infrequently faced the question of whether federal c ...
... as likely to develop rules of CIL less injurious to foreign interests than the prevailing federal court interpretation. The ability of state courts to develop uniform interpretations of CIL independently helps explain why federal courts after Erie infrequently faced the question of whether federal c ...
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.