Common Law and Continental Law: Two Legal Systems
... Indeed, the American tradition finds its roots in a “Lockean” concept of the state with limited sovereignty and the idea that men are governed by law and not by men. Government and not the state are ruled by law and therefore have to be perceived only as a moderator of the social groups seeking the ...
... Indeed, the American tradition finds its roots in a “Lockean” concept of the state with limited sovereignty and the idea that men are governed by law and not by men. Government and not the state are ruled by law and therefore have to be perceived only as a moderator of the social groups seeking the ...
WHAT LAWYERS CAN DO ABOUT CLIMATE CHANGE A4ID/KCL
... powerful instruments for litigating on climate change issues and there is simply not enough time to rewrite laws. Furthermore, there are opportunities for dealing with climate change through the creative use of existing legal doctrines – for example, reviving the concept of the public trust – and im ...
... powerful instruments for litigating on climate change issues and there is simply not enough time to rewrite laws. Furthermore, there are opportunities for dealing with climate change through the creative use of existing legal doctrines – for example, reviving the concept of the public trust – and im ...
A Model Theoretic Approach to Legal Theory
... no sense to me; (2) this makes some sense, but what is the point or relevance; or (3) this makes sense and seems true, but so do many of the schools, theories, and theorists we have studied. How do we make sense of this feeling that many of the theories we encounter seem true? Is it that we really d ...
... no sense to me; (2) this makes some sense, but what is the point or relevance; or (3) this makes sense and seems true, but so do many of the schools, theories, and theorists we have studied. How do we make sense of this feeling that many of the theories we encounter seem true? Is it that we really d ...
part 2 Country Differences
... differ in many ways. Countries have different political, economic, and legal systems. They vary significantly in their level of economic development and future economic growth trajectory. Cultural practices can vary dramatically, as can the education and skill level of the population. All these diff ...
... differ in many ways. Countries have different political, economic, and legal systems. They vary significantly in their level of economic development and future economic growth trajectory. Cultural practices can vary dramatically, as can the education and skill level of the population. All these diff ...
Chapter 3 Law, Psychology, and Morality
... was certain she would not get caught? What if after the law was passed, people suddenly believed that insider trading causes concrete harms? Or suddenly thought that insider trading is simply unfair or evil, whether or not it causes any harm? If a ban on insider trading did any of these things, we w ...
... was certain she would not get caught? What if after the law was passed, people suddenly believed that insider trading causes concrete harms? Or suddenly thought that insider trading is simply unfair or evil, whether or not it causes any harm? If a ban on insider trading did any of these things, we w ...
legal ethics is (just) normal ethics
... clear and justifiable solutions emerge to what have typically been assumed to be difficult legal practice dilemmas. This paper connects legal ethics to universal ethical norms. In doing so, it offers answers to several discrete legal dilemmas and suggests a process that can be applied to deal with a ...
... clear and justifiable solutions emerge to what have typically been assumed to be difficult legal practice dilemmas. This paper connects legal ethics to universal ethical norms. In doing so, it offers answers to several discrete legal dilemmas and suggests a process that can be applied to deal with a ...
THE POLITICAL THEOLOGY OF TRADE LAW: The Scholastic
... universal law. Natural law contained the basic elements of Christian ethics as they emerged from creation. By contrast, ius gentium (as “human law”) included those adjustments, modifications and supplements that became necessary for the organization of social life among sinful humans. Through this b ...
... universal law. Natural law contained the basic elements of Christian ethics as they emerged from creation. By contrast, ius gentium (as “human law”) included those adjustments, modifications and supplements that became necessary for the organization of social life among sinful humans. Through this b ...
THE CASE FOR THE COMMON LAW Evelyn Keyes I am a state
... mind-set that asks, “What is the most desirable resolution of this case, and how can any impediments to the achievement of that result be evaded?”—is appropriate for most of the work that I do, and much of the work that state judges do. We live in an age of legislation, and most new law is statutor ...
... mind-set that asks, “What is the most desirable resolution of this case, and how can any impediments to the achievement of that result be evaded?”—is appropriate for most of the work that I do, and much of the work that state judges do. We live in an age of legislation, and most new law is statutor ...
Defining Harm
... Despite its use of case law as a site for analysis, Defining Harm is not a legal analysis. Legal analyses remain within the rules of the game. Critical sociolegal analysis attempts to identify extra-legal links, or, perhaps more accurately, to put law in context. Such analyses do not (nor should the ...
... Despite its use of case law as a site for analysis, Defining Harm is not a legal analysis. Legal analyses remain within the rules of the game. Critical sociolegal analysis attempts to identify extra-legal links, or, perhaps more accurately, to put law in context. Such analyses do not (nor should the ...
Legal Positivism
... rules are entailed by the very idea of private power conferring rules. Thus, on my reading, public power conferring rules are conceptual prerequisites of the very idea of private power conferring rules, and the case for them within the theory need not rely on any view of law’s function. In any case, ...
... rules are entailed by the very idea of private power conferring rules. Thus, on my reading, public power conferring rules are conceptual prerequisites of the very idea of private power conferring rules, and the case for them within the theory need not rely on any view of law’s function. In any case, ...
The International Economic Law Revolution - Penn Law
... to exploit markets. Business includes sales, marketing, accounting and human relations, topics conventionally excluded from economics.1" The perspective of economics is often that of the government, which is assumed to act as optimizer for the aggregate of society rather than for the individual or f ...
... to exploit markets. Business includes sales, marketing, accounting and human relations, topics conventionally excluded from economics.1" The perspective of economics is often that of the government, which is assumed to act as optimizer for the aggregate of society rather than for the individual or f ...
Hayek the Rule of Law and the Challenge of Emergency.
... law two justificatory theories have been devised: natural rights and the social contract, Friedrich von Hayek was an active participant in this debate. But in times of crisis the rule of law and the culture that is its environment are challenged, and two conflicts appear, the first is who should mak ...
... law two justificatory theories have been devised: natural rights and the social contract, Friedrich von Hayek was an active participant in this debate. But in times of crisis the rule of law and the culture that is its environment are challenged, and two conflicts appear, the first is who should mak ...
Chapter 10
... 5. False. Just the opposite is true. Under ethical fundamentalism, one looks to an outside source. This source may be from religious or political teachings and the like. 6. True. The Golden Rule is generally accepted as being based on the categorical imperative preferred by Kant. 7. True. Under this ...
... 5. False. Just the opposite is true. Under ethical fundamentalism, one looks to an outside source. This source may be from religious or political teachings and the like. 6. True. The Golden Rule is generally accepted as being based on the categorical imperative preferred by Kant. 7. True. Under this ...
Verbatim Mac
... values it does nothing to defend, discredits itself as well as the purported liberal values. In this moment, a political, economic, ...
... values it does nothing to defend, discredits itself as well as the purported liberal values. In this moment, a political, economic, ...
Sample pages 6 PDF
... 2.3. Grotius on “Demonstrative” Natural Law The great importance of this theory of “modern” natural law was not due to the content which Grotius attributed to it, for in this respect he followed the familiar trails of the ancient lawyers. Good faith, substantial justice, and the sanctity of covenant ...
... 2.3. Grotius on “Demonstrative” Natural Law The great importance of this theory of “modern” natural law was not due to the content which Grotius attributed to it, for in this respect he followed the familiar trails of the ancient lawyers. Good faith, substantial justice, and the sanctity of covenant ...
A Catholic Critique of Law and Economics
... economicus “is a person whose behavior is completely determined by incentives; his rationality is no different from that of a pigeon or a rat,”17 thus does not pretend to be a moral or a normative statement. It purports to be only a description of the autonomous individual’s practice of making ratio ...
... economicus “is a person whose behavior is completely determined by incentives; his rationality is no different from that of a pigeon or a rat,”17 thus does not pretend to be a moral or a normative statement. It purports to be only a description of the autonomous individual’s practice of making ratio ...
philosophy as a second order discipline
... history, geography, astronomy, mathematics, biology, medicine, law were undertaken by philosophers, who drew no distinction between these disciplines and philosophy but reflected about subject-matters in these disciplines as part of their contribution to philosophy ...
... history, geography, astronomy, mathematics, biology, medicine, law were undertaken by philosophers, who drew no distinction between these disciplines and philosophy but reflected about subject-matters in these disciplines as part of their contribution to philosophy ...
Judicial Activism – Justice or Treason?
... content we care to give it. Hardly a promising basis for a system of judicial ethics. Such mindless pluralism may however be resisted. Most of us will take ‘according to law’ as a way of limiting how judges may go about doing justice (whatever that is), at least to the point of saying that judges mu ...
... content we care to give it. Hardly a promising basis for a system of judicial ethics. Such mindless pluralism may however be resisted. Most of us will take ‘according to law’ as a way of limiting how judges may go about doing justice (whatever that is), at least to the point of saying that judges mu ...
Accepted version - Queen Mary University of London
... the same place and time, with the possibility of a diversity of determinants of their relative authority. ...
... the same place and time, with the possibility of a diversity of determinants of their relative authority. ...
MAGNA CARTA AND ITS SIGNIFICANT ROLE FOR RULE OF LAW
... royal authority obeys them or not. What is of great importance to note is that Bacon and the mid – centuries philosophers were not the first who spoke about the link between the law and justice. Even the roman lawyers defined the law as ars boni et aequi (art of the good and just). So the main quest ...
... royal authority obeys them or not. What is of great importance to note is that Bacon and the mid – centuries philosophers were not the first who spoke about the link between the law and justice. Even the roman lawyers defined the law as ars boni et aequi (art of the good and just). So the main quest ...
Tracing the Performance of Law in Indonesia (A Perspective of
... for others and vice versa. The law is originally as tools to maintain order,1 then the condition of developing society, changing society, the law is not enough just to have such a function, so that the law should also be used as a means to assist in the changes in society or the law as a tool of soc ...
... for others and vice versa. The law is originally as tools to maintain order,1 then the condition of developing society, changing society, the law is not enough just to have such a function, so that the law should also be used as a means to assist in the changes in society or the law as a tool of soc ...
3 How to write actions - Ministry of Forests, Lands and Natural
... – DDM needs to determine whether or not the results or strategies are: • “consistent” with the objectives • “measurable and verifiable” • Describe the “situations or circumstances” where the outcomes, steps or practices will be applied ...
... – DDM needs to determine whether or not the results or strategies are: • “consistent” with the objectives • “measurable and verifiable” • Describe the “situations or circumstances” where the outcomes, steps or practices will be applied ...
The Topic and Key Number System
... • a comprehensive and detailed outline of the entire body of case law in this country • a classification system with a at least one topic and key number attached to each point of law (headnote) ...
... • a comprehensive and detailed outline of the entire body of case law in this country • a classification system with a at least one topic and key number attached to each point of law (headnote) ...
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 ...