Normative Pluralism: an Exploration, by Jan Klabbers and Touko
... law and morality. There is also, albeit to a lesser extent perhaps, a body of scholarship on the relations between law and social norms — in this case, those doing the work have tended to be social scientists, perhaps anthropologists in particular. Yet, those debates were — and are — predominantly g ...
... law and morality. There is also, albeit to a lesser extent perhaps, a body of scholarship on the relations between law and social norms — in this case, those doing the work have tended to be social scientists, perhaps anthropologists in particular. Yet, those debates were — and are — predominantly g ...
Sociology and Natural Law
... view that certain ideals may be elements of an objective moral order. Whatever we may think of the appropriateness of friendship or love in a given context, we may still conclude that the values inherent in primary relations are of vital importance to man's well-being, and sometimes to his survival. ...
... view that certain ideals may be elements of an objective moral order. Whatever we may think of the appropriateness of friendship or love in a given context, we may still conclude that the values inherent in primary relations are of vital importance to man's well-being, and sometimes to his survival. ...
MAGNA CARTA AND ITS SIGNIFICANT ROLE FOR RULE OF LAW
... the mid – centuries spoke about the supremacy of the law and the rule of law, demurely creating an idea that is obviously so inherent to the human nature, it has been accepted as fundamental in every modern political and legal system in the world. Many authors and philosophers have had a significant ...
... the mid – centuries spoke about the supremacy of the law and the rule of law, demurely creating an idea that is obviously so inherent to the human nature, it has been accepted as fundamental in every modern political and legal system in the world. Many authors and philosophers have had a significant ...
International Law and the UN System
... international law. Part of what must be done, it is thought, is to create an international culture and ethos of respect for law so that nations (and corporations), big and little, more and more conform to its requirements. The 1995 report of the prestigious blue ribbon Commission on Global Governanc ...
... international law. Part of what must be done, it is thought, is to create an international culture and ethos of respect for law so that nations (and corporations), big and little, more and more conform to its requirements. The 1995 report of the prestigious blue ribbon Commission on Global Governanc ...
The Importance of Convergence in Commercial
... arbitration. Approaches to enforcement differ markedly throughout the Asia Pacific region. In Australia, we have the Foreign Judgments Act 1991, which enables the enforcement of money judgments from certain prescribed jurisdictions, through statutory registration of a foreign debt. If the foreign ju ...
... arbitration. Approaches to enforcement differ markedly throughout the Asia Pacific region. In Australia, we have the Foreign Judgments Act 1991, which enables the enforcement of money judgments from certain prescribed jurisdictions, through statutory registration of a foreign debt. If the foreign ju ...
International law
... as an international agreement between States in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments. A document that meets the elements of a treaty is still a treaty, even if its parties use a different designation, i.e. “ ...
... as an international agreement between States in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments. A document that meets the elements of a treaty is still a treaty, even if its parties use a different designation, i.e. “ ...
Law as Rights - TRU SLS Home Page
... Fuller criticizes HLA Hart. He says – what is this psychological purchase/buy in, if not morality? Hart is just trying to avid using the word morality, but is really the same thing he is saying. An “ought” claim is that people follow laws because they think they are good. It would be a good thing, g ...
... Fuller criticizes HLA Hart. He says – what is this psychological purchase/buy in, if not morality? Hart is just trying to avid using the word morality, but is really the same thing he is saying. An “ought” claim is that people follow laws because they think they are good. It would be a good thing, g ...
Wisdom of Customary law The wisdom “strength, honour and
... wisdom, strength, flexibility and continuity. Custom grew to perfection by continual usage from time out of mind (Dreaming) and was more “perfect” and “excellent” than any written law. The principles of equity became from the local nature of customs. As expressed in a 17th century narrative… For the ...
... wisdom, strength, flexibility and continuity. Custom grew to perfection by continual usage from time out of mind (Dreaming) and was more “perfect” and “excellent” than any written law. The principles of equity became from the local nature of customs. As expressed in a 17th century narrative… For the ...
John Locke: The Second Treatise, Of Civil Government
... of the law of nature, without asking leave, or depending upon the will of any other man. A state also of equality, wherein all the power and jurisdiction is reciprocal, no one having more than another; there being nothing more evident, than that creatures of the same species and rank, promiscuously ...
... of the law of nature, without asking leave, or depending upon the will of any other man. A state also of equality, wherein all the power and jurisdiction is reciprocal, no one having more than another; there being nothing more evident, than that creatures of the same species and rank, promiscuously ...
Hosmers method
... economic outcome might be disastrous for all. As imperfect as the current system may be, it tends to be reliable and parties can easily understand the costs of obeying or not obeying the law. A key example of this is the Ford Pinto case, which, although Ford’s cost analysis was reprehensible, shows ...
... economic outcome might be disastrous for all. As imperfect as the current system may be, it tends to be reliable and parties can easily understand the costs of obeying or not obeying the law. A key example of this is the Ford Pinto case, which, although Ford’s cost analysis was reprehensible, shows ...
sources of law
... (2) How property can be thought of as the hub of a wheel and the various legal topics studied in the text as spokes of the wheel. Law and the rule of law provide the unifying rim of the wheel. (3) That the framers of the Constitution understood property in a broad sense to include the individual rig ...
... (2) How property can be thought of as the hub of a wheel and the various legal topics studied in the text as spokes of the wheel. Law and the rule of law provide the unifying rim of the wheel. (3) That the framers of the Constitution understood property in a broad sense to include the individual rig ...
Diss Text - Journal of Conflictology
... paradigmatic example of Dietrich's statement regarding realistic approaches, that “fear as a characteristic of relations blockages the free flow of life energy, restricting the concretization of peace ethics” (Idem, 397). In this sense, positivistic modern legal theory at the ground of positivistic ...
... paradigmatic example of Dietrich's statement regarding realistic approaches, that “fear as a characteristic of relations blockages the free flow of life energy, restricting the concretization of peace ethics” (Idem, 397). In this sense, positivistic modern legal theory at the ground of positivistic ...
Britain and the European Union
... promise to maintain unimpaired the ancient customs of the realm, ‘whereby,’ as the pope says, ‘the authority of the Church is imperilled.’ The fact that there is no direct borrowing from the Latin of the third recension of the office suggests that we are to given a complete rendering of the words ac ...
... promise to maintain unimpaired the ancient customs of the realm, ‘whereby,’ as the pope says, ‘the authority of the Church is imperilled.’ The fact that there is no direct borrowing from the Latin of the third recension of the office suggests that we are to given a complete rendering of the words ac ...
a. Morrison: 1. CLS account of positivism is crude. 2
... a. Hart: 1) rule of recognition: By valid process a. Davies People create law, not metaphysics. Systems define law w/own criteria Hart: i. Primitive/advanced: no explaination why a. Hart (followed): 1.laws are human commands; 2.Legal system closed, logical: what actors w/in system w/in the syste ...
... a. Hart: 1) rule of recognition: By valid process a. Davies People create law, not metaphysics. Systems define law w/own criteria Hart: i. Primitive/advanced: no explaination why a. Hart (followed): 1.laws are human commands; 2.Legal system closed, logical: what actors w/in system w/in the syste ...
sources of English Law
... Cited in courts Some books by prominent authors are as authoritative as precedents e.g. Blackstone’s Commentaries (1765) ...
... Cited in courts Some books by prominent authors are as authoritative as precedents e.g. Blackstone’s Commentaries (1765) ...
Introduction to International Environmental Law (IEL)
... States enjoy an international personality of the same degree. ...
... States enjoy an international personality of the same degree. ...
LawHacks - Digital Commons @ Georgia Law
... The municipal ordinance of many cities and counties all over the country are available online. The website provides access to over 3,100 local codes from all over the country. Researchers can browse and search one code at a time for free under their “Code Library” from the link in the navigation bar ...
... The municipal ordinance of many cities and counties all over the country are available online. The website provides access to over 3,100 local codes from all over the country. Researchers can browse and search one code at a time for free under their “Code Library” from the link in the navigation bar ...
COMMON LAW V. CIVIL LAW SYSTEMS
... Emperor Justinian and adapted in later times by French and German jurists. The common law system began developing in England almost a millennium ago. By the time England's Parliament was established, its royal judges had already begun basing their decisions on law "common" to the realm. A body of de ...
... Emperor Justinian and adapted in later times by French and German jurists. The common law system began developing in England almost a millennium ago. By the time England's Parliament was established, its royal judges had already begun basing their decisions on law "common" to the realm. A body of de ...
The Owl and the Pussy-cat - University of Wisconsin Law School
... was related to a vision of state-led capitalist development and import substitution. It stressed the role of law as a tool to make the state more effective but keep it within a framework of democratic constitutionalism. The second was connected to the socialist agenda. The socialist vision also saw ...
... was related to a vision of state-led capitalist development and import substitution. It stressed the role of law as a tool to make the state more effective but keep it within a framework of democratic constitutionalism. The second was connected to the socialist agenda. The socialist vision also saw ...
Handling Conflicts of Law in Consumer Protection
... the Code also stipulated that, “Individuals, legal entity or other subjects produce or deal in goods of low quality and cause damages to consumers have to compensate”. However, these regulations do not well protect “buyers”, typically consumers – who always lack information, not only about goods and ...
... the Code also stipulated that, “Individuals, legal entity or other subjects produce or deal in goods of low quality and cause damages to consumers have to compensate”. However, these regulations do not well protect “buyers”, typically consumers – who always lack information, not only about goods and ...
Online Quizzes and Answers for Business Law Today
... b. Correct. Legal realists believe that judges should take social and economic realities into account when deciding cases. c. Incorrect. This is not characteristic of the positivist school of legal thought. d. Incorrect. The natural law tradition focuses on laws that are inherent in nature and that ...
... b. Correct. Legal realists believe that judges should take social and economic realities into account when deciding cases. c. Incorrect. This is not characteristic of the positivist school of legal thought. d. Incorrect. The natural law tradition focuses on laws that are inherent in nature and that ...
HUMR5140 Introduction to Human Rights Law Autumn 2011
... No one can be punished byofthe state except for a “The authority and influence law in society, esp. of the law when viewed as a constraintbreach on individual and ...
... No one can be punished byofthe state except for a “The authority and influence law in society, esp. of the law when viewed as a constraintbreach on individual and ...
Lon Fuller and the Inner Morality of Law
... ends of law, but it was also indifferent to what I have called the inner morality of law itself. [what features must social practices have to be considered ordered enough to be ‘law’? why is law worthy of allegiance?] . The German lawyer was therefore peculiarly prepared to accept as "law" anything ...
... ends of law, but it was also indifferent to what I have called the inner morality of law itself. [what features must social practices have to be considered ordered enough to be ‘law’? why is law worthy of allegiance?] . The German lawyer was therefore peculiarly prepared to accept as "law" anything ...
the “first” european codification of private law: the abgb
... (“Verfassung”) and therewith secures (“sichert”) the state and the society even against every desire for an alteration.6 The guarantee of endurance laid in line with one of the main principles of the science of law making (Gesetzgebungslehre)7 – legislation has to avoid amendments because they criti ...
... (“Verfassung”) and therewith secures (“sichert”) the state and the society even against every desire for an alteration.6 The guarantee of endurance laid in line with one of the main principles of the science of law making (Gesetzgebungslehre)7 – legislation has to avoid amendments because they criti ...
RULE OF LAW
... accordance with written, publicly disclosed laws adopted and enforced in accordance with established procedure. The principle is intended to be a safeguard against arbitrary governance. Samuel Rutherford was one of the first modern authors to give the principle theoretical foundations, in Lex, Rex ( ...
... accordance with written, publicly disclosed laws adopted and enforced in accordance with established procedure. The principle is intended to be a safeguard against arbitrary governance. Samuel Rutherford was one of the first modern authors to give the principle theoretical foundations, in Lex, Rex ( ...