Niklas Luhmann`s Theory of Politics and Law
... what society, in its totality, is and how it operates. One could even suggest that the first principle of Luhmann’s sociology is that the possibility not only of seeing things differently but of society actually being different is always present. He fully realized that one could never completely esca ...
... what society, in its totality, is and how it operates. One could even suggest that the first principle of Luhmann’s sociology is that the possibility not only of seeing things differently but of society actually being different is always present. He fully realized that one could never completely esca ...
THE RULES FOR INCORPORATION OF CHARTERPARTY
... After a long line of judicial decisions given in this vein, it is now clear that for the charterparty clauses to be incorporated, both the bill of lading and the charterparty need to overcome a set of hurdles, which are popularly known as “the rules of incorporation”. It is equally clear that while ...
... After a long line of judicial decisions given in this vein, it is now clear that for the charterparty clauses to be incorporated, both the bill of lading and the charterparty need to overcome a set of hurdles, which are popularly known as “the rules of incorporation”. It is equally clear that while ...
InsecurIty at sea: pIracy and other rIsks to navIgatIon
... Who are today’s pirates? The question resounded in the US Supreme Court in fall 2012, followed in the same breath by a second one (And if Hitler isn’t a pirate, who is?). The query was raised during the oral argument of a litigation that did not involve the prosecution of alleged pirates.1 It reveal ...
... Who are today’s pirates? The question resounded in the US Supreme Court in fall 2012, followed in the same breath by a second one (And if Hitler isn’t a pirate, who is?). The query was raised during the oral argument of a litigation that did not involve the prosecution of alleged pirates.1 It reveal ...
Great Powers and Outlaw States: Unequal Sovereigns in - E
... noted that sovereignty is a formal rule), on the one hand, and the pervasive facts of inequality and power differentials among states, on the other. The usual response is to relegate inequality to the realm of the political and contingent, and to take comfort in the positive values of formal equalit ...
... noted that sovereignty is a formal rule), on the one hand, and the pervasive facts of inequality and power differentials among states, on the other. The usual response is to relegate inequality to the realm of the political and contingent, and to take comfort in the positive values of formal equalit ...
hla hart`s lost essay: discretion and the legal process school
... or “fancy.”12 Further, Hart argued that discretion is a necessary component of any legal system, because society’s ability to regulate the future is inherently limited by imperfect information and an imperfect understanding of aims. As such, positive law will inevitably be partly indeterminate; ther ...
... or “fancy.”12 Further, Hart argued that discretion is a necessary component of any legal system, because society’s ability to regulate the future is inherently limited by imperfect information and an imperfect understanding of aims. As such, positive law will inevitably be partly indeterminate; ther ...
Legal History and Traditions - Ethiopian Legal Brief
... This course is a critical survey of the major past and present legal traditions of the world. It identifies and explains the central problems those legal traditions faced; the type of solutions they gave to such problems and the reasons why they chose those solutions. Identifying the key issues enco ...
... This course is a critical survey of the major past and present legal traditions of the world. It identifies and explains the central problems those legal traditions faced; the type of solutions they gave to such problems and the reasons why they chose those solutions. Identifying the key issues enco ...
Obligation to Obey the Law: A Study of the Death of Socrates
... The compromise which the court offered to Socrates is further evidence that the real basis of his prosecution was this threat to Athenian society. Socrates was offered acquittal on the condition that he would no longer spend his time in the pursuit of philosophy. He refused the offer, saying: "[A]s ...
... The compromise which the court offered to Socrates is further evidence that the real basis of his prosecution was this threat to Athenian society. Socrates was offered acquittal on the condition that he would no longer spend his time in the pursuit of philosophy. He refused the offer, saying: "[A]s ...
muslim family law in sub-saharan africa - UvA-DARE
... family law in Kenya also find receptivity in Tanzania. Thus, the title of this work – Muslim family law in sub-Saharan Africa – may appear not to do full justice to its content. Issues of Muslim family law were intimately linked to broader political and social processes. In surveying the state of th ...
... family law in Kenya also find receptivity in Tanzania. Thus, the title of this work – Muslim family law in sub-Saharan Africa – may appear not to do full justice to its content. Issues of Muslim family law were intimately linked to broader political and social processes. In surveying the state of th ...
A Legal History of Rome
... progressed through a remarkable process of evolution. It advanced through different stages of development and underwent important transformations, both in substance and in form, as it adjusted to changes in society, especially those changes derived from Rome’s expansion in the ancient world. During ...
... progressed through a remarkable process of evolution. It advanced through different stages of development and underwent important transformations, both in substance and in form, as it adjusted to changes in society, especially those changes derived from Rome’s expansion in the ancient world. During ...
Journal of Law, No. 1, 2012
... populum" the criminal competence of the magistrates was limited with only the preliminary courtcase processing. We are of the view that "provocatio ad populum" was not the legal way to appeal the sentence, but it was used as a political means of protest against the malfeasance from the officials. Ul ...
... populum" the criminal competence of the magistrates was limited with only the preliminary courtcase processing. We are of the view that "provocatio ad populum" was not the legal way to appeal the sentence, but it was used as a political means of protest against the malfeasance from the officials. Ul ...
Co-existence of Single Positive Law and Plural Normative Orders:
... individual interests of the states under the general interests of common good. That’s good. But common good of governments means nothing if the citizens of the state have remained in extreme poverty, and/or if their civil and political rights are under systematic and serious violations. The most peo ...
... individual interests of the states under the general interests of common good. That’s good. But common good of governments means nothing if the citizens of the state have remained in extreme poverty, and/or if their civil and political rights are under systematic and serious violations. The most peo ...
verbatim record of the legal experts meeting on the law of the sea
... UNCLOS III. Pursuant to a reference by Indonesia in 1970, the item has continuously been on AALCO‟s agenda. The product of a long-drawn process, which started in December 1973 and lasted until December 1982, the birth of the Convention on the Law of the Sea has been described as one of the most ambi ...
... UNCLOS III. Pursuant to a reference by Indonesia in 1970, the item has continuously been on AALCO‟s agenda. The product of a long-drawn process, which started in December 1973 and lasted until December 1982, the birth of the Convention on the Law of the Sea has been described as one of the most ambi ...
Transnational Legality: Stateless Law and International Arbitration
... These are the type of questions I address in this book. My purpose plainly is not to close any debate. I do not intend an exhaustive treatment of any area of legal scholarship, as lawyers sometimes maladroitly think they can provide. I do not seek to supply answers that have a pretense to finality. ...
... These are the type of questions I address in this book. My purpose plainly is not to close any debate. I do not intend an exhaustive treatment of any area of legal scholarship, as lawyers sometimes maladroitly think they can provide. I do not seek to supply answers that have a pretense to finality. ...
The Concept of the Rule of Law - MacSphere
... opinion; a variety of political leaders and regimes have supported contrasting ideals such as conservativism, socialism or communism and authoritarianism, some with good reason. Unlike other ideals exported by the West, the Rule of Law has not met its ideological match in any significant way.2 Grant ...
... opinion; a variety of political leaders and regimes have supported contrasting ideals such as conservativism, socialism or communism and authoritarianism, some with good reason. Unlike other ideals exported by the West, the Rule of Law has not met its ideological match in any significant way.2 Grant ...
investment arbitration
... situation is that the application of IHL will be perceived as detrimental by all the parties to a conflict and ultimately lead to an all-around disregard for IHL and thus undermine its basic tenets. ICRC view – overhaul of IHL is unwise and unnecessary: The challenges posed to IHL by asymmetric and ...
... situation is that the application of IHL will be perceived as detrimental by all the parties to a conflict and ultimately lead to an all-around disregard for IHL and thus undermine its basic tenets. ICRC view – overhaul of IHL is unwise and unnecessary: The challenges posed to IHL by asymmetric and ...
The Conduct of Hostilities: revisiting the LOAC
... The present volume further enriches the collection which was begun in 1999. It covers the records of the Round Table that took place from 6th to 8th September, 2007 in Sanremo on the theme: “The Conduct of Hostilities. Revisiting the Law of Armed Conflict 100 Years after the 1907 Hague Conventions a ...
... The present volume further enriches the collection which was begun in 1999. It covers the records of the Round Table that took place from 6th to 8th September, 2007 in Sanremo on the theme: “The Conduct of Hostilities. Revisiting the Law of Armed Conflict 100 Years after the 1907 Hague Conventions a ...
Magna Carta and the ius commune - Chicago Unbound
... subject. This is natural in a sense. By contrast with the laws of most European nations, where a reception of the Roman law is known to have occurred, the English common law has long been regarded as a "thoroughly native species."" Magna Carta is one example-albeit a particularly important example-- ...
... subject. This is natural in a sense. By contrast with the laws of most European nations, where a reception of the Roman law is known to have occurred, the English common law has long been regarded as a "thoroughly native species."" Magna Carta is one example-albeit a particularly important example-- ...
Order without Law: How Neighbors Settle Disputes
... connect to venerable traditions of the United States. Especially because there has been lamentably little legal scholarship in an anthropological mode, this story is informative (and colorful) in and of itself. l The events reported here are of more than ordinary interest for another reason. One sub ...
... connect to venerable traditions of the United States. Especially because there has been lamentably little legal scholarship in an anthropological mode, this story is informative (and colorful) in and of itself. l The events reported here are of more than ordinary interest for another reason. One sub ...
THE CONCEPT OF LAW Prof. Dr. and
... would become the supreme law in such a society.1 It is extremely unlikely, however, that the complete elimination of the state or other form of governmental constraint would bring about an undisturbed, harmonious association between men. Even if we assume that the majority of men are by nature soci ...
... would become the supreme law in such a society.1 It is extremely unlikely, however, that the complete elimination of the state or other form of governmental constraint would bring about an undisturbed, harmonious association between men. Even if we assume that the majority of men are by nature soci ...
THE CONCEPT OF LAW Prof. Dr. and
... would become the supreme law in such a society.1 It is extremely unlikely, however, that the complete elimination of the state or other form of governmental constraint would bring about an undisturbed, harmonious association between men. Even if we assume that the majority of men are by nature soci ...
... would become the supreme law in such a society.1 It is extremely unlikely, however, that the complete elimination of the state or other form of governmental constraint would bring about an undisturbed, harmonious association between men. Even if we assume that the majority of men are by nature soci ...
Magna Carta and the ius commune
... subject. This is natural in a sense. By contrast with the laws of most European nations, where a reception of the Roman law is known to have occurred, the English common law has long been regarded as a "thoroughly native species."" Magna Carta is one example-albeit a particularly important example-- ...
... subject. This is natural in a sense. By contrast with the laws of most European nations, where a reception of the Roman law is known to have occurred, the English common law has long been regarded as a "thoroughly native species."" Magna Carta is one example-albeit a particularly important example-- ...
Lobbying and Litigating Against "Legal Bootleggers"
... Rigertas, Laurel A. (2009) "Lobbying and Litigating Against "Legal Bootleggers"--The Role of the Organized Bar in the Expansion of the Courts' Inherent Powers in the Early Twentieth Century," California Western Law Review: Vol. 46: No. 1, Article 3. Available at: http://scholarlycommons.law.cwsl.edu ...
... Rigertas, Laurel A. (2009) "Lobbying and Litigating Against "Legal Bootleggers"--The Role of the Organized Bar in the Expansion of the Courts' Inherent Powers in the Early Twentieth Century," California Western Law Review: Vol. 46: No. 1, Article 3. Available at: http://scholarlycommons.law.cwsl.edu ...
Legal Gazette
... NATO was founded by the 1949 North Atlantic Treaty. This treaty in its Article 9 gives the North Atlantic Council the prerogative to create subsidiary bodies. NATO is an intergovernmental organization as the governments of nation-states voluntarily join, contribute financing and make decisions withi ...
... NATO was founded by the 1949 North Atlantic Treaty. This treaty in its Article 9 gives the North Atlantic Council the prerogative to create subsidiary bodies. NATO is an intergovernmental organization as the governments of nation-states voluntarily join, contribute financing and make decisions withi ...
Topic One: Introduction to Conflict of Laws
... Traditionally, matters which were substantive were subject to their own law, even if it was a foreign law. Matter which were deemed procedural were subject to the law of the forum (lex fori). Most authorities start out with the procedural/lex fori rule, but then present so many exceptions and have ...
... Traditionally, matters which were substantive were subject to their own law, even if it was a foreign law. Matter which were deemed procedural were subject to the law of the forum (lex fori). Most authorities start out with the procedural/lex fori rule, but then present so many exceptions and have ...
The of Power in Paradise: Political
... Specifically, Santos critiques what he identifies as the three structural features of modem law-rhetoric, bureaucracy and violence-without then banally concluding that the state is on the way out (p.117; see also BarretKriegel 1995; Milward 1992). Rather, what Santos seeks to show is that the prevai ...
... Specifically, Santos critiques what he identifies as the three structural features of modem law-rhetoric, bureaucracy and violence-without then banally concluding that the state is on the way out (p.117; see also BarretKriegel 1995; Milward 1992). Rather, what Santos seeks to show is that the prevai ...