Legal Positivism
... to note, I believe, that the idea of secondary rules are presented for illustrative purposes as solving problems of uncertainty, and that as a matter of the logic of the argument such rules are entailed by the very idea of private power conferring rules. Thus, on my reading, public power conferring ...
... to note, I believe, that the idea of secondary rules are presented for illustrative purposes as solving problems of uncertainty, and that as a matter of the logic of the argument such rules are entailed by the very idea of private power conferring rules. Thus, on my reading, public power conferring ...
Hayek the Rule of Law and the Challenge of Emergency.
... However the idea that modern societies have a common culture has been disputed. Jürgen Habermas, for example indicates that in present multicultural societies no cultural bonds exist. At least the existing cultural bonds are not sufficient to solve complex legal problems. Habermas suggests that law ...
... However the idea that modern societies have a common culture has been disputed. Jürgen Habermas, for example indicates that in present multicultural societies no cultural bonds exist. At least the existing cultural bonds are not sufficient to solve complex legal problems. Habermas suggests that law ...
The Psychology of Cultural Experience - Assets
... need for a reinvigorated comparative perspective in contemporary psychological anthropology. Their data demonstrate that it is possible to be sensitive to cultural context in constructing valid categories for comparison while still embracing the search for regularities in human thought and behavior ...
... need for a reinvigorated comparative perspective in contemporary psychological anthropology. Their data demonstrate that it is possible to be sensitive to cultural context in constructing valid categories for comparison while still embracing the search for regularities in human thought and behavior ...
A Critical Analysis of the Proximity of Natural Law to the Indian
... Wars, the decline in standards, a growing insecurity and uncertainty that have stimulated a new quest for moral order afforded by natural law in the past.xviiIt is in this twentieth century that the doctrine of natural rights had been recognized and had been inserted into the sphere of constitutiona ...
... Wars, the decline in standards, a growing insecurity and uncertainty that have stimulated a new quest for moral order afforded by natural law in the past.xviiIt is in this twentieth century that the doctrine of natural rights had been recognized and had been inserted into the sphere of constitutiona ...
The Topic and Key Number System
... • a classification system with a at least one topic and key number attached to each point of law (headnote) ...
... • a classification system with a at least one topic and key number attached to each point of law (headnote) ...
Defining Harm
... of Bethany and her struggle to shape her cancer treatment in a manner that accorded with her spiritual beliefs. This book offers a genealogy of religious freedom in a social climate of risk and fear.2 It is not about Jehovah’s Witnesses per se; nor, in many ways, is it about Bethany Hughes. Her case ...
... of Bethany and her struggle to shape her cancer treatment in a manner that accorded with her spiritual beliefs. This book offers a genealogy of religious freedom in a social climate of risk and fear.2 It is not about Jehovah’s Witnesses per se; nor, in many ways, is it about Bethany Hughes. Her case ...
Accepted version - Queen Mary University of London
... because, even after much effort over many decades up to the present day, the ideas are still not internationally established. ...
... because, even after much effort over many decades up to the present day, the ideas are still not internationally established. ...
introduction: towards a global history of international law
... the topic of foreign interference in the affairs of relatively weak States was a particularly important contribution of international law in Latin America to international law as a whole, actually to its core concepts of modern sovereignty and statehood. As regards Africa north of the Sahara and Ara ...
... the topic of foreign interference in the affairs of relatively weak States was a particularly important contribution of international law in Latin America to international law as a whole, actually to its core concepts of modern sovereignty and statehood. As regards Africa north of the Sahara and Ara ...
Fall Semester, 2004
... for achieving these aims consist of either a question and answer style of class discussion, conducting debates, or simply bringing in other material related to the readings. Do not fall behind in the readings. All reading topics in this course are covered equally in the exams— none of the course con ...
... for achieving these aims consist of either a question and answer style of class discussion, conducting debates, or simply bringing in other material related to the readings. Do not fall behind in the readings. All reading topics in this course are covered equally in the exams— none of the course con ...
Analogical reasoning in the common law
... In this paper I will argue that there is some merit in most of these views. This is because there is not one type of analogical reasoning in the common law, but several different types. Some of the disagreements about analogical reasoning stem from the fact that these differences are not very clearl ...
... In this paper I will argue that there is some merit in most of these views. This is because there is not one type of analogical reasoning in the common law, but several different types. Some of the disagreements about analogical reasoning stem from the fact that these differences are not very clearl ...
1 Netnography: Understanding Networked Communication Society
... Ethnography and Virtual Worlds, Horst and Miller’s (2012) Digital Anthropology or Underberg and Zorn’s (2013) Digital Ethnography “may offer theoretical overviews, general advice, examples and case studies, they tend to be focused on particular field sites (e.g., virtual worlds, such as Second Life) ...
... Ethnography and Virtual Worlds, Horst and Miller’s (2012) Digital Anthropology or Underberg and Zorn’s (2013) Digital Ethnography “may offer theoretical overviews, general advice, examples and case studies, they tend to be focused on particular field sites (e.g., virtual worlds, such as Second Life) ...
Tracing the Performance of Law in Indonesia (A Perspective of
... performance, this is because the approach has been in the phase of normal science of law paradigm. This assumption is quite reasonable considering the justification of legal reasoning has somehow negated human values, or justice. The continuum of legal positivism should be given an alternative throu ...
... performance, this is because the approach has been in the phase of normal science of law paradigm. This assumption is quite reasonable considering the justification of legal reasoning has somehow negated human values, or justice. The continuum of legal positivism should be given an alternative throu ...
Judicial Activism – Justice or Treason?
... 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 must make decisions that are in accordance with recognised legal principles and rules and do so in accordance with procedures that are similarly defined. That is, ‘accordin ...
... 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 must make decisions that are in accordance with recognised legal principles and rules and do so in accordance with procedures that are similarly defined. That is, ‘accordin ...
Culture
... In traditional Ethics, the word “custom” mean more or less permanent moral behavior in accordance with the precepts of the natural moral law which is universally known and common to all men and women. Such are the customs of telling the truth, of paying debts, honoring one’s parents and respecting ...
... In traditional Ethics, the word “custom” mean more or less permanent moral behavior in accordance with the precepts of the natural moral law which is universally known and common to all men and women. Such are the customs of telling the truth, of paying debts, honoring one’s parents and respecting ...
taking into consideration the pertinent provisions of the
... political, legal, economic, social and cultural circumstances. 2. The PABSEC is mindful that parliaments and parliamentarians have paramount responsibility for fighting corruption in all its forms. National parliaments serve as pillars of democratic society and are entrusted with the prime task of e ...
... political, legal, economic, social and cultural circumstances. 2. The PABSEC is mindful that parliaments and parliamentarians have paramount responsibility for fighting corruption in all its forms. National parliaments serve as pillars of democratic society and are entrusted with the prime task of e ...
Claudia Giannetto - Goldsmiths Virtual Learning Environment
... The transformation of the economic relations among nations, the creation of regionally based economic blocs, and the intensification of the worldwide flow of money are part of a new planetary reality we call globalization. Although the trend toward autonomy and the trend toward globalization are bot ...
... The transformation of the economic relations among nations, the creation of regionally based economic blocs, and the intensification of the worldwide flow of money are part of a new planetary reality we call globalization. Although the trend toward autonomy and the trend toward globalization are bot ...
Psychedelic Trance: ritual, belief and transcendental experience in
... and is thus unconsciously interpreted as being of supernatural nature ± since the supernatural has always been mysterious. Interestingly, however, the sounds that can create this anxiety, disrupt sensorimotor function, and trigger such an association are not the ones we can hear but those we cannot. ...
... and is thus unconsciously interpreted as being of supernatural nature ± since the supernatural has always been mysterious. Interestingly, however, the sounds that can create this anxiety, disrupt sensorimotor function, and trigger such an association are not the ones we can hear but those we cannot. ...
Culture - faculty.fairfield.edu
... inquiry as open as possible. The Greeks, Hacking reminds us, had no concept , or use, of statistics , a fact that invalidates neither Greek science nor statistics as such. This position is not relativism , but it is not imperialism either. Rorty calls his version of all this hermeneutics. Hacking ca ...
... inquiry as open as possible. The Greeks, Hacking reminds us, had no concept , or use, of statistics , a fact that invalidates neither Greek science nor statistics as such. This position is not relativism , but it is not imperialism either. Rorty calls his version of all this hermeneutics. Hacking ca ...
WHO`S AFRAID OF LEGAL PLURALISM?1
... own conceptual approach.2 Like many anthropologists and, I would assume, many legal historians and comparative legal scholars, I am concerned with concepts that are useful for looking at similarity and difference in cross-societal and diachronic comparison. My concern is to work with a concept that ...
... own conceptual approach.2 Like many anthropologists and, I would assume, many legal historians and comparative legal scholars, I am concerned with concepts that are useful for looking at similarity and difference in cross-societal and diachronic comparison. My concern is to work with a concept that ...
Pareto Optimality and the Rule of Law
... "The political behavior of individuals, not market performance or results, provides the criteria for testing hypotheses of political economy."19 This analysis led Buchanan to conclude that a true application of Pareto’s efficiency criterion to social policy changes would require compensation to lose ...
... "The political behavior of individuals, not market performance or results, provides the criteria for testing hypotheses of political economy."19 This analysis led Buchanan to conclude that a true application of Pareto’s efficiency criterion to social policy changes would require compensation to lose ...
Genetic information and biobanking: a Brazilian perspective on
... specific relevance given to one or other legal principle and, in each concrete case, how those principles may be deemed to relate to each other. Those previously defined rules must harmonise subjective liberties and the interests of society, because their function is to establish the modus operandi ...
... specific relevance given to one or other legal principle and, in each concrete case, how those principles may be deemed to relate to each other. Those previously defined rules must harmonise subjective liberties and the interests of society, because their function is to establish the modus operandi ...
Sample Chapter - Duke University Press
... is clear that we need to grant them the intellectual and material resources required to help us understand our recent history and future possibilities. Returning to Lurgio’s story, there are many moments when the reader is asked to think beyond explicit content. For example, he relates the difficult ...
... is clear that we need to grant them the intellectual and material resources required to help us understand our recent history and future possibilities. Returning to Lurgio’s story, there are many moments when the reader is asked to think beyond explicit content. For example, he relates the difficult ...
part 2 Country Differences
... democracy has had perhaps its greatest influence in a number of demothe German Democratic Republic. The two parts of the city were cratic Western nations, including Australia, France, Germany, Great physically divided in 1961 with the construction of the Berlin Wall. Britain, Norway, Spain, and Swed ...
... democracy has had perhaps its greatest influence in a number of demothe German Democratic Republic. The two parts of the city were cratic Western nations, including Australia, France, Germany, Great physically divided in 1961 with the construction of the Berlin Wall. Britain, Norway, Spain, and Swed ...