Faculty Research Working Papers Series
... most sophisticated exposition of the theory. I believe it is more nuanced than generations of commentators have acknowledged. It is important to emphasize that my interest is with the rule of law as a legislative, rather than judicial, ideal. This focus is appropriate for the Han Feizi, since it con ...
... most sophisticated exposition of the theory. I believe it is more nuanced than generations of commentators have acknowledged. It is important to emphasize that my interest is with the rule of law as a legislative, rather than judicial, ideal. This focus is appropriate for the Han Feizi, since it con ...
Injustice and the Normative Nature of Meaning
... principles, identify a range of either mandatory or improper political decisions). In other words, this third principle asserts that any law is objectionable if it disparages her (equal) worth as a person-that is, any law that expresses this disparagement as part of its meaning or as an explicit or ...
... principles, identify a range of either mandatory or improper political decisions). In other words, this third principle asserts that any law is objectionable if it disparages her (equal) worth as a person-that is, any law that expresses this disparagement as part of its meaning or as an explicit or ...
using legal process to fight terrorism: detentions, military
... (1984) (arguing that “we cannot permit . . . ourselves to feel bound to unilateral compliance with obligations which do in fact exist under [international law], but are renounced by others”). Cf. Robert H. Bork, The Limits of “International Law,” 18 NAT’L INTEREST 3, 10 (1989/90) (dismissing interna ...
... (1984) (arguing that “we cannot permit . . . ourselves to feel bound to unilateral compliance with obligations which do in fact exist under [international law], but are renounced by others”). Cf. Robert H. Bork, The Limits of “International Law,” 18 NAT’L INTEREST 3, 10 (1989/90) (dismissing interna ...
Books Reviewed - NDLScholarship
... of arrangements. The "same old social factors" are never really the "same old social factors." But where nothing can repeat itself precisely, real newness emerges. 6 (p. 10) Social factors and social events may be classed together with other (and previous) social factors or events. But they are also ...
... of arrangements. The "same old social factors" are never really the "same old social factors." But where nothing can repeat itself precisely, real newness emerges. 6 (p. 10) Social factors and social events may be classed together with other (and previous) social factors or events. But they are also ...
Long Term Care Guide: Legal Issues for Senior Citizens
... (called the principal) appoints someone else (called the agent or attorneyin-fact) to act on his/her behalf. A non-durable power of attorney terminates when the principal becomes legally incapacitated or dies. A durable power of attorney continues to be valid even after the principal becomes incapac ...
... (called the principal) appoints someone else (called the agent or attorneyin-fact) to act on his/her behalf. A non-durable power of attorney terminates when the principal becomes legally incapacitated or dies. A durable power of attorney continues to be valid even after the principal becomes incapac ...
Shariah - FE UIN Malang
... human being’s acts and behavior, derived from specific sources, it is commands of Islam in particular matters and application. • Shariah is code of life which consists from ideology, faith, behavior and obligation in the ...
... human being’s acts and behavior, derived from specific sources, it is commands of Islam in particular matters and application. • Shariah is code of life which consists from ideology, faith, behavior and obligation in the ...
William Blackstone - Westmont College
... unless it is deemed important. It is irrelevant to its status as a moral rule that the grounds on which it is deemed important— that it furthers some vital interest—turn out to be false. (2) Moral rules cannot be enacted or repealed; they have an “[i]mmunity from deliberate change.”21 Quite the oppo ...
... unless it is deemed important. It is irrelevant to its status as a moral rule that the grounds on which it is deemed important— that it furthers some vital interest—turn out to be false. (2) Moral rules cannot be enacted or repealed; they have an “[i]mmunity from deliberate change.”21 Quite the oppo ...
Mapping the labyrinth: advertising regulation in Spain
... established a centralized administrative system to control unlawful advertising. However, the Spanish Constitution of 1978 removed control of various sectors, including advertising, from the state and passed it to Spanish regional authorities. The enactment of the EU Misleading and Comparative Adver ...
... established a centralized administrative system to control unlawful advertising. However, the Spanish Constitution of 1978 removed control of various sectors, including advertising, from the state and passed it to Spanish regional authorities. The enactment of the EU Misleading and Comparative Adver ...
Popular Music Studies and the Problems of Sound, Society and
... I argue, following Wæver, that journals provide the greatest indicator of the vitality, scope, methodologies, theories, analytical techniques, discursive norms and interdisciplinary inclinations of a field. Academic journals have the potential for a quicker turn-around review and publication process ...
... I argue, following Wæver, that journals provide the greatest indicator of the vitality, scope, methodologies, theories, analytical techniques, discursive norms and interdisciplinary inclinations of a field. Academic journals have the potential for a quicker turn-around review and publication process ...
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 ...
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 ...
Dual Inheritance Theory, Contract Law, and
... "evolutionary theory" to make use of, or what meaning to impinge upon the term "evolution" will become clearer in the pages that follow, offering ways in which eventually to combine them. Or perhaps the two things we had in common when we started out will be all there is left to look at in the end. ...
... "evolutionary theory" to make use of, or what meaning to impinge upon the term "evolution" will become clearer in the pages that follow, offering ways in which eventually to combine them. Or perhaps the two things we had in common when we started out will be all there is left to look at in the end. ...
Lecture 4: Power of Values and the Process of Value Realization
... individual seeks to secure in the social context of his or her life. This is simply a descriptive inquiry into what the individual wants, how the individual goes about getting what he wants, and what he does with the desired thing that he has gotten. This will give us a description of the system of ...
... individual seeks to secure in the social context of his or her life. This is simply a descriptive inquiry into what the individual wants, how the individual goes about getting what he wants, and what he does with the desired thing that he has gotten. This will give us a description of the system of ...
Drafting for the Rule of Law - Yale Law School Legal Scholarship
... [It results in] resistance to change, rigid adherence to rules, reluctance to delegate authority, sycophancy toward superiors, "target" mentality, indifference to the standards of efficiency, ignorance of the purposes behind regulations, generalist-elitist orientation combined with hostility toward ...
... [It results in] resistance to change, rigid adherence to rules, reluctance to delegate authority, sycophancy toward superiors, "target" mentality, indifference to the standards of efficiency, ignorance of the purposes behind regulations, generalist-elitist orientation combined with hostility toward ...
the internal morality of chinese legalism - NUS
... more principled than the conventional reading recognizes. It suggests that, by examining the text of the Han Feizi through the lens provided by American legal theorist Lon Fuller, we can observe an explicit articulation of what Fuller called the internal morality of law. The principles of this moral ...
... more principled than the conventional reading recognizes. It suggests that, by examining the text of the Han Feizi through the lens provided by American legal theorist Lon Fuller, we can observe an explicit articulation of what Fuller called the internal morality of law. The principles of this moral ...
A Model Theoretic Approach to Legal Theory
... difficult path (like the ballet performer or the gymnast who appears to move with ease). We will not travel a great deal of that path but we will look to see where that path has taken philosophers over the last 50 years or so. In the pages that follow, I will propose a theory or model designed to he ...
... difficult path (like the ballet performer or the gymnast who appears to move with ease). We will not travel a great deal of that path but we will look to see where that path has taken philosophers over the last 50 years or so. In the pages that follow, I will propose a theory or model designed to he ...
Michael Lambek, Immanence of Ethics
... whether to spend Christmas with our own parents or those of our partner, and free also to rationalize the fact that we’ve decided to stay at home this year, go to Mexico, or convert to Islam instead. This entails practical judgment, which for me is a more useful and realistic concept than either fre ...
... whether to spend Christmas with our own parents or those of our partner, and free also to rationalize the fact that we’ve decided to stay at home this year, go to Mexico, or convert to Islam instead. This entails practical judgment, which for me is a more useful and realistic concept than either fre ...
Continued
... that which belongs to other persons; to restore to another any goods of his which we may have; to abide by pacts and to fulfill promises made to other persons; to repay any damage done to another through fault; and to inflict punishment upon men who deserve it. Many of the more detailed and special ...
... that which belongs to other persons; to restore to another any goods of his which we may have; to abide by pacts and to fulfill promises made to other persons; to repay any damage done to another through fault; and to inflict punishment upon men who deserve it. Many of the more detailed and special ...
LAW, MORALITY, AND VIRTUE*
... the various conceptions of moral justification, that this is the case, if the general observance of those standards, according to all available knowledge of the relevant facts, would result in outcomes that, regarded from an impartial point of view, accord to everyone’s fundamental interests better ...
... the various conceptions of moral justification, that this is the case, if the general observance of those standards, according to all available knowledge of the relevant facts, would result in outcomes that, regarded from an impartial point of view, accord to everyone’s fundamental interests better ...
order, the rule of law and moral norms
... As we have learned from evolutionary game theory, anonymous pairwise interactions among agents are generally not conducive to the sustained presence of "nice traits" in the population. Biased pairing of individuals following some cultural or geographical segmentation could, of course, solve the prob ...
... As we have learned from evolutionary game theory, anonymous pairwise interactions among agents are generally not conducive to the sustained presence of "nice traits" in the population. Biased pairing of individuals following some cultural or geographical segmentation could, of course, solve the prob ...
Leveraging Asylum
... creation of... a rule of custom.”19 They argue that because the treaty-based norm of non-refoulement is of norm-creating character,20 enjoys widespread and representative state support,21 and has stimulated consistent relevant practice,22 “non-refoulement must be regarded as a principle of customary ...
... creation of... a rule of custom.”19 They argue that because the treaty-based norm of non-refoulement is of norm-creating character,20 enjoys widespread and representative state support,21 and has stimulated consistent relevant practice,22 “non-refoulement must be regarded as a principle of customary ...
Constitutional Regulation, Exception and
... governed vests three functions within the government. These are legislative, judicial, and executive. Recalling the three primary deficiencies within the state of nature that render man’s freedom unsafe, Locke requires that government exercise each of these powers in such a way that affords all memb ...
... governed vests three functions within the government. These are legislative, judicial, and executive. Recalling the three primary deficiencies within the state of nature that render man’s freedom unsafe, Locke requires that government exercise each of these powers in such a way that affords all memb ...
Copyright (c) 2008 Columbia Journal of Transnational Law
... weight to internalized values and preferences. States comply with human rights norms because they (or an influential constituency) have become convinced that such behavior is appropriate. Behavior is driven by values, not self-interest. Process-oriented models build on the constructivist model and a ...
... weight to internalized values and preferences. States comply with human rights norms because they (or an influential constituency) have become convinced that such behavior is appropriate. Behavior is driven by values, not self-interest. Process-oriented models build on the constructivist model and a ...
How Law is Like Chess - bepress Legal Repository
... conduct. Unlike moral norms, however, Kelsen maintained that legal norms are created by acts of will. They are products of deliberate human action. For instance, some people gather in a hall, speak, raise their hands, count them, and promulgate a string of words. These are actions and events taking ...
... conduct. Unlike moral norms, however, Kelsen maintained that legal norms are created by acts of will. They are products of deliberate human action. For instance, some people gather in a hall, speak, raise their hands, count them, and promulgate a string of words. These are actions and events taking ...
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 ...