i Volume 20 Spring 2014 Number 2 Executive and Editorial Board
... rapid change, including: Tariffs and trade, human rights, immigration, labor, public health, sustainable development, and the environment. The Journal is in the unique position each year to not only send members to attend ILW, but also to solicit and publish articles from the distinguished legal sch ...
... rapid change, including: Tariffs and trade, human rights, immigration, labor, public health, sustainable development, and the environment. The Journal is in the unique position each year to not only send members to attend ILW, but also to solicit and publish articles from the distinguished legal sch ...
Sailing over the History of the International Law of
... amendments. The formation of the League of Nations that followed the conclusion of World War I paved the way for new initiatives aiming at the codification (placing existing rules in writing) and progressive development (negotiating new rules) of international sea law. These initiatives led to a dec ...
... amendments. The formation of the League of Nations that followed the conclusion of World War I paved the way for new initiatives aiming at the codification (placing existing rules in writing) and progressive development (negotiating new rules) of international sea law. These initiatives led to a dec ...
A Model Theoretic Approach to Legal Theory
... framework within which to situate and evaluate the various theories one encounters in the field of law and jurisprudence.4 Within the standard jurisprudence textbook, chapters often correspond to schools or traditions. Within those schools, there is often a range of views or theoretical positions th ...
... framework within which to situate and evaluate the various theories one encounters in the field of law and jurisprudence.4 Within the standard jurisprudence textbook, chapters often correspond to schools or traditions. Within those schools, there is often a range of views or theoretical positions th ...
Grenada: The Spirit and the Letter of the Law
... the Grenadians' rights to choose their own form of government. If the perfectionists or the moralizers had had their way, the immediate costs might have been the loss of that right to choose and the loss of other rights which we Americans often take for granted. "The morality offoreign policy can be ...
... the Grenadians' rights to choose their own form of government. If the perfectionists or the moralizers had had their way, the immediate costs might have been the loss of that right to choose and the loss of other rights which we Americans often take for granted. "The morality offoreign policy can be ...
RTF version - Federal Court of Australia
... citizens, found themselves in situations where no formal law existed and therefore where relations with foreign citizens could (often) not be resolved by existing domestic institutions. Such persons required more than the juristic body of law offered. In time they provided their own solution, by dev ...
... citizens, found themselves in situations where no formal law existed and therefore where relations with foreign citizens could (often) not be resolved by existing domestic institutions. Such persons required more than the juristic body of law offered. In time they provided their own solution, by dev ...
Analogical reasoning in the common law
... lawyers in reaching a conclusion over the state of the law on some issue. For instance the fact that there is a binding precedent that applies to a case requires that a court either follow the decision (ie reach the same outcome as the precedent) or distinguish it. Other types of considerations are ...
... lawyers in reaching a conclusion over the state of the law on some issue. For instance the fact that there is a binding precedent that applies to a case requires that a court either follow the decision (ie reach the same outcome as the precedent) or distinguish it. Other types of considerations are ...
Introduction to Historical Jurisprudence Paul Vinogradoff 1920
... a vast body of practical precepts; both are indispensable for the intelligent exercise of an art; both derive their teaching from the application of various sciences to the concrete problems of health and disease, of civil intercourse and crime. The physician combines for a specific purpose doctrine ...
... a vast body of practical precepts; both are indispensable for the intelligent exercise of an art; both derive their teaching from the application of various sciences to the concrete problems of health and disease, of civil intercourse and crime. The physician combines for a specific purpose doctrine ...
Hart`s Methodological Positivism - Penn Law: Legal Scholarship
... He says in the Preface, for example, that the book can be regarded as "an exercise in descriptive sociology." In the Postcript he speaks of a "descriptive jurisprudence" in which an "external observer" takes account of or describes the internal viewpoint of a participant without adopting or sharing ...
... He says in the Preface, for example, that the book can be regarded as "an exercise in descriptive sociology." In the Postcript he speaks of a "descriptive jurisprudence" in which an "external observer" takes account of or describes the internal viewpoint of a participant without adopting or sharing ...
Global Administrative Law: The Quest for Principles and Values
... principles both contribute to the formation of community morality and take their values from it.7 Nonetheless, a distinction between ‘principles’, which form an essential building-block of a legal system and ‘values’, which are largely formulated outside that system, is helpful. In any discussion of ...
... principles both contribute to the formation of community morality and take their values from it.7 Nonetheless, a distinction between ‘principles’, which form an essential building-block of a legal system and ‘values’, which are largely formulated outside that system, is helpful. In any discussion of ...
Law and Morality - The Tanner Lectures on Human Values
... claim to legitimacy under one tacit presupposition: contextdependent legal changes and developments should be justifiable in the light of acceptable principles. Precisely the doctrinal achievements of legal experts have made us aware of the post-traditional mode of validity of modern law. In positiv ...
... claim to legitimacy under one tacit presupposition: contextdependent legal changes and developments should be justifiable in the light of acceptable principles. Precisely the doctrinal achievements of legal experts have made us aware of the post-traditional mode of validity of modern law. In positiv ...
LUMSA * International Commercial Law 24 february 2014
... Another advantage of a uniform law of international sales of goods is that it would simplify international sales transactions and thus, as envisaged in the Preamble, "contribute to the removal of legal barriers in international trade and promote the development of international trade". The success o ...
... Another advantage of a uniform law of international sales of goods is that it would simplify international sales transactions and thus, as envisaged in the Preamble, "contribute to the removal of legal barriers in international trade and promote the development of international trade". The success o ...
Continued
... LAW DEVELOPS LIKE LANGUAGE In all societies, it is found already established like their language, manners and political organisation. These all are stamped with a national character. They are the natural manifestations of popular life and by no means product of man's free will. Law, language, custom ...
... LAW DEVELOPS LIKE LANGUAGE In all societies, it is found already established like their language, manners and political organisation. These all are stamped with a national character. They are the natural manifestations of popular life and by no means product of man's free will. Law, language, custom ...
1 “The Rule of Law in British Colonial Societies in the 19th Century
... dignity and moral validity to a legal system which has been inherently unequal and unjust in its application, if not downright oppressive.5 Despite these attempts at erasure or intellectual burial, the concept seems to be so embedded in the western legal consciousness and attractive at a rhetorical ...
... dignity and moral validity to a legal system which has been inherently unequal and unjust in its application, if not downright oppressive.5 Despite these attempts at erasure or intellectual burial, the concept seems to be so embedded in the western legal consciousness and attractive at a rhetorical ...
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 ...
How Law is Like Chess - bepress Legal Repository
... we would expect it to be resolved by an account of type 3. And then we need an explanation of what makes 3 true, and so we get to 4. This much, I take it, is common ground. But now a question that needs to be answered is this: why is it the case that 4 has to be grounded in pointing to norms. Why c ...
... we would expect it to be resolved by an account of type 3. And then we need an explanation of what makes 3 true, and so we get to 4. This much, I take it, is common ground. But now a question that needs to be answered is this: why is it the case that 4 has to be grounded in pointing to norms. Why c ...
Accepted version - Queen Mary University of London
... psychological experiences of law, fixing the sense of right and duty. Law derived from the individual’s acceptance of normative facts, Petrażycki calls positive law, but it is important to recognise that this is not what lawyers typically understand as positive law. For one thing, normative facts ca ...
... psychological experiences of law, fixing the sense of right and duty. Law derived from the individual’s acceptance of normative facts, Petrażycki calls positive law, but it is important to recognise that this is not what lawyers typically understand as positive law. For one thing, normative facts ca ...
Tracing the Performance of Law in Indonesia (A Perspective of
... There are many terms that can be given to the law, and until now there is no agreement that is acceptable to all parties because each side has a perspective or a different view. At least there are three wellknown legal concepts that can be used to study the law, namely:6 1. Law as ideas, moral value ...
... There are many terms that can be given to the law, and until now there is no agreement that is acceptable to all parties because each side has a perspective or a different view. At least there are three wellknown legal concepts that can be used to study the law, namely:6 1. Law as ideas, moral value ...
Legal Positivism
... Discretion Thesis, but the other basic tenets of positivism as well – such is the nature of the relations among them. Here is how the remainder of the edifice crumbles. If the moral principles to which judges appeal in hard cases are even sometimes law, then it cannot be true that all laws are rules ...
... Discretion Thesis, but the other basic tenets of positivism as well – such is the nature of the relations among them. Here is how the remainder of the edifice crumbles. If the moral principles to which judges appeal in hard cases are even sometimes law, then it cannot be true that all laws are rules ...
Judicial Activism – Justice or Treason?
... phrase ‘doing justice according to law’ as a grand sounding pleonasm with whatever 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 ab ...
... phrase ‘doing justice according to law’ as a grand sounding pleonasm with whatever 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 ab ...
The Topic and Key Number System
... • Each topic is broken down into subheadings. • There can be up to eight levels in the topic and key number hierarchy. • This process continues until further breakdown of a point of law is unproductive and a specific key number is assigned. See, 92k90.1(1.2) above. • There are approximately 100,000 ...
... • Each topic is broken down into subheadings. • There can be up to eight levels in the topic and key number hierarchy. • This process continues until further breakdown of a point of law is unproductive and a specific key number is assigned. See, 92k90.1(1.2) above. • There are approximately 100,000 ...
In employing the term “rights to do wrong,” I mean
... at predictable places, in patterned ways. Thoughtful lawmakers regularly formulate our rights in full awareness that we may “misuse” these, employ them in undesired, even widely-reprehensible fashion. When creating our rights, legislators and judges thereby gauge—at least implicitly, sometimes quite ...
... at predictable places, in patterned ways. Thoughtful lawmakers regularly formulate our rights in full awareness that we may “misuse” these, employ them in undesired, even widely-reprehensible fashion. When creating our rights, legislators and judges thereby gauge—at least implicitly, sometimes quite ...
Peking University – May 7th, 2013 Aquinas on Natural Law Riccardo
... understand and establish. In this sense, Aquinas notes, natural law cannot be a habit, i.e. a disposition acquired by human being, simply because it is established by human reason. Moreover, natural law is not the cause of our action as humans: it is something that we do, a product of reason which c ...
... understand and establish. In this sense, Aquinas notes, natural law cannot be a habit, i.e. a disposition acquired by human being, simply because it is established by human reason. Moreover, natural law is not the cause of our action as humans: it is something that we do, a product of reason which c ...
International Law and the UN System
... traditional definitions of international law “as a standard of conduct for states” have been superseded by “a wider, more behaviorally responsive, perspective” that reflects “the expanding complexity of international life and...a growing sophistication about law and legal process.” One of the tradit ...
... traditional definitions of international law “as a standard of conduct for states” have been superseded by “a wider, more behaviorally responsive, perspective” that reflects “the expanding complexity of international life and...a growing sophistication about law and legal process.” One of the tradit ...
Sociology and Natural Law
... ideal, that of "official" behavior, may be called for. This ideal, too, is a demanding one and it is likely to be fulfilled in practice only partially. The investigator, in making his assessments from the standpoint of some purportedly operating normative system, can be quite detached about whether ...
... ideal, that of "official" behavior, may be called for. This ideal, too, is a demanding one and it is likely to be fulfilled in practice only partially. The investigator, in making his assessments from the standpoint of some purportedly operating normative system, can be quite detached about whether ...
Perelman Centre
... From 18 to 22 May 2015, the Perelman Centre will run the first edition of the Brussels Global Law Week. After the New York Global Law Week (2011) and the London Global Law Summit held in February 2015, the capital of Europe is ready to launch its own forum on the globalization of law. Reuniting theo ...
... From 18 to 22 May 2015, the Perelman Centre will run the first edition of the Brussels Global Law Week. After the New York Global Law Week (2011) and the London Global Law Summit held in February 2015, the capital of Europe is ready to launch its own forum on the globalization of law. Reuniting theo ...