Legitimate Legal Argument and Internally
... culture the use of a particular type of argument to determine what the law is will be morally legitimate if and only if it is consistent with our society's liberal basic moral principle. This implies not only that arguments based on this moral principle (hereinafter "arguments of moral principle") a ...
... culture the use of a particular type of argument to determine what the law is will be morally legitimate if and only if it is consistent with our society's liberal basic moral principle. This implies not only that arguments based on this moral principle (hereinafter "arguments of moral principle") a ...
Transnational Legality: Stateless Law and International Arbitration
... we craft a definition of a chair that includes objects which cannot be sat on, we likely will have miscarried, unless of course our intent is to trick people into attempting to sit on something and tumble, or to illude them into buying something that we suppose would not be bought if it did not come ...
... we craft a definition of a chair that includes objects which cannot be sat on, we likely will have miscarried, unless of course our intent is to trick people into attempting to sit on something and tumble, or to illude them into buying something that we suppose would not be bought if it did not come ...
Co-existence of Single Positive Law and Plural Normative Orders:
... who might otherwise go unnoticed due to distance and language. Professor Savaneli also, to my view, rightly critiques Kelsen, and also argues that comparative legal theory should not merely compare laws within one system (civilianist or common law) but also between different systems. Professor Savan ...
... who might otherwise go unnoticed due to distance and language. Professor Savaneli also, to my view, rightly critiques Kelsen, and also argues that comparative legal theory should not merely compare laws within one system (civilianist or common law) but also between different systems. Professor Savan ...
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 ...
Reason and Reasonableness: The Necessary Diversity of the
... absolute rule of conduct premised upon moral or religious command. Instead, law depends upon the reciprocal regard for the interests of others—even and particularly those others holding different moral, religious, and political points of view.12 What this reciprocal regard legally requires of us is ...
... absolute rule of conduct premised upon moral or religious command. Instead, law depends upon the reciprocal regard for the interests of others—even and particularly those others holding different moral, religious, and political points of view.12 What this reciprocal regard legally requires of us is ...
verbatim record of the legal experts meeting on the law of the sea
... the Law of the Sea, United Nations and also is a Former Member of the Legal and Technical Commission, International Seabed Authority. His expertise and professional experience, I am sure, would be enriching the deliberations. I must admit that the response that I have received from the Member States ...
... the Law of the Sea, United Nations and also is a Former Member of the Legal and Technical Commission, International Seabed Authority. His expertise and professional experience, I am sure, would be enriching the deliberations. I must admit that the response that I have received from the Member States ...
`Book Review: Re-Interpreting Blackstone`s Commentaries: a
... Blackstone was committed to a deeply visual conception of orderliness expressed initially in youthful architectural drawing (and verse10) and transposed to the Commentaries through tabular arrangement of topics, classification schemes and schematic diagrams. ‘Blackstone strove to render law’s connec ...
... Blackstone was committed to a deeply visual conception of orderliness expressed initially in youthful architectural drawing (and verse10) and transposed to the Commentaries through tabular arrangement of topics, classification schemes and schematic diagrams. ‘Blackstone strove to render law’s connec ...
The Rational and the Reasonable: Social Choice Theory and
... decide the instant case in the same way unless there is a good reason for distinguishing it. This is what is meant by legal consistency, or the formal justice notion of "treating like cases alike," and this is what is required by the doctrine of stare decisis. In other words, the reasoning so much i ...
... decide the instant case in the same way unless there is a good reason for distinguishing it. This is what is meant by legal consistency, or the formal justice notion of "treating like cases alike," and this is what is required by the doctrine of stare decisis. In other words, the reasoning so much i ...
The Impact of Covert Action on International Law
... legal obligations. But the issue of how secrecy affects international law itself—potentially shaping the substantive content of legal rules and in extremis undermining the vitality of the international legal framework—has been unexamined in legal scholarship. This Article takes up that issue. This A ...
... legal obligations. But the issue of how secrecy affects international law itself—potentially shaping the substantive content of legal rules and in extremis undermining the vitality of the international legal framework—has been unexamined in legal scholarship. This Article takes up that issue. This A ...
CIVICS CH 4
... associations for their purpose are as sovereign as the state is for its purpose. They emphasize the inability of the state to enforce its will in practice against the opposition of certain groups within it. They deny that the possession of force by the state gives it any superior right. They insist ...
... associations for their purpose are as sovereign as the state is for its purpose. They emphasize the inability of the state to enforce its will in practice against the opposition of certain groups within it. They deny that the possession of force by the state gives it any superior right. They insist ...
1 Kantian Moral Psychology Michelle A. Schwarze Ph.D. Candidate
... While freedom and rationality are necessary conditions of morality for Kant, only the moral law itself (i.e. the Categorical Imperative or CI) can be a sufficient motive for moral action. The moral law, as Kant conceives of it, is simply the Categorical Imperative (CI): “act only in accordance with ...
... While freedom and rationality are necessary conditions of morality for Kant, only the moral law itself (i.e. the Categorical Imperative or CI) can be a sufficient motive for moral action. The moral law, as Kant conceives of it, is simply the Categorical Imperative (CI): “act only in accordance with ...
How to Choose a Constitutional Theory
... will best advance shared, though vague and sometimes competing, goals of: (i) satisfying the requirements of the rule of law, (ii) preserving fair opportunity for majority rule under a scheme of political democracy, and (iii) promoting substantive justice by protecting a morally and politically acce ...
... will best advance shared, though vague and sometimes competing, goals of: (i) satisfying the requirements of the rule of law, (ii) preserving fair opportunity for majority rule under a scheme of political democracy, and (iii) promoting substantive justice by protecting a morally and politically acce ...
The Concept of the Rule of Law - MacSphere
... hard core pornography: it is hard to define, but "I know it when 1 see it,,,7 which has been the brunt of many critiques, and has become illustrative of the need for clarity in institutions such as law. Another example of its indeterminacy comes from Helen Yu and Alison Guernsey, in an article attem ...
... hard core pornography: it is hard to define, but "I know it when 1 see it,,,7 which has been the brunt of many critiques, and has become illustrative of the need for clarity in institutions such as law. Another example of its indeterminacy comes from Helen Yu and Alison Guernsey, in an article attem ...
Topic One: Introduction to Conflict of Laws
... conflict problems, with the result that, in many cases, renvoi was chosen as the solution, albeit artificial. Renvoi was adopted by modern theories to overcome occasional absurdities and incongruities of result. However, with the more realistic ‘closest and most real connection’ (‘most significant r ...
... conflict problems, with the result that, in many cases, renvoi was chosen as the solution, albeit artificial. Renvoi was adopted by modern theories to overcome occasional absurdities and incongruities of result. However, with the more realistic ‘closest and most real connection’ (‘most significant r ...
Big Questions Comparative Law
... surprised only if we fail to reflect upon a more general truth. If we wish to classify all facts about society as either economic (and therefore structural), or as noneconomic (and therefore superstructural) we must place law in the second subdivision along with language, fashion and so forth.”). Fo ...
... surprised only if we fail to reflect upon a more general truth. If we wish to classify all facts about society as either economic (and therefore structural), or as noneconomic (and therefore superstructural) we must place law in the second subdivision along with language, fashion and so forth.”). Fo ...
Richard H. Fallon
... as ideal-typical conceptions of the Rule of Law.2 ' These ideal types respectively conceive the Rule of Law in terms that I shall describe as (i) historicist, (ii) formalist, (iii) Legal Process, and (iv) substantive. Nearly all claims about the entailments of the Rule of Law, I argue, rest on assum ...
... as ideal-typical conceptions of the Rule of Law.2 ' These ideal types respectively conceive the Rule of Law in terms that I shall describe as (i) historicist, (ii) formalist, (iii) Legal Process, and (iv) substantive. Nearly all claims about the entailments of the Rule of Law, I argue, rest on assum ...
Lobbying and Litigating Against "Legal Bootleggers"
... This article suggests that the judicial branches of state government may have overreached by holding in the 1930s and 40s that the state legislatures did not have the constitutional power to define the practice 256 (Neb. 2006) ("The Nebraska Supreme Court is vested with the sole power to admit perso ...
... This article suggests that the judicial branches of state government may have overreached by holding in the 1930s and 40s that the state legislatures did not have the constitutional power to define the practice 256 (Neb. 2006) ("The Nebraska Supreme Court is vested with the sole power to admit perso ...
The moral reading of the British constitution
... principle of legality: that is, the principle that government may only exercise coercive force in accordance with standards established in the right way before that exercise. The principle of legality (properly understood as reflecting the value of integrity), I argue, shapes or controls the many ot ...
... principle of legality: that is, the principle that government may only exercise coercive force in accordance with standards established in the right way before that exercise. The principle of legality (properly understood as reflecting the value of integrity), I argue, shapes or controls the many ot ...
Overcoming Legal Challenges to Extradition
... Overcoming Legal Challenges in Extradition Extradition, the formal process by which an individual is restored to the competent judicial authority seeking to exercise in personam jurisdiction over the subject, is a process generally based upon treaty relations, comity or reciprocity. 1 While at firs ...
... Overcoming Legal Challenges in Extradition Extradition, the formal process by which an individual is restored to the competent judicial authority seeking to exercise in personam jurisdiction over the subject, is a process generally based upon treaty relations, comity or reciprocity. 1 While at firs ...
Magna Carta and the ius commune - Chicago Unbound
... sap their confidence in him. In the wake of this humiliating defeat and in the face of a rebellion coming from the north of England, Archbishop Stephen Langton, William Marshal, and a group of moderate barons sought to force John to establish rules that would set right what had been done wrong. They ...
... sap their confidence in him. In the wake of this humiliating defeat and in the face of a rebellion coming from the north of England, Archbishop Stephen Langton, William Marshal, and a group of moderate barons sought to force John to establish rules that would set right what had been done wrong. They ...
PDF format
... There is no longer, if ever there was, any kudos to be had by challenging the distinction between jus ad bellum and jus in bello. The contours of the arguments have been ably explored. Humanitarian law of armed conflict – jus in bello – imposes considerable duties and restrictions regarding the mann ...
... There is no longer, if ever there was, any kudos to be had by challenging the distinction between jus ad bellum and jus in bello. The contours of the arguments have been ably explored. Humanitarian law of armed conflict – jus in bello – imposes considerable duties and restrictions regarding the mann ...
Our Place in the World - Chesapeake Legal Alliance
... incrementally reforming familiar institutions like markets. The same has been true of the academic discussions most closely aligned with policymaking, notably in law schools. Professional philosophers have attempted some of the metaphysical investigations that Rawls recommended, but their arguments ...
... incrementally reforming familiar institutions like markets. The same has been true of the academic discussions most closely aligned with policymaking, notably in law schools. Professional philosophers have attempted some of the metaphysical investigations that Rawls recommended, but their arguments ...
Our Place in the World: A New Relationship for Environmental Ethics
... incrementally reforming familiar institutions like markets. The same has been true of the academic discussions most closely aligned with policymaking, notably in law schools. Professional philosophers have attempted some of the metaphysical investigations that Rawls recommended, but their arguments ...
... incrementally reforming familiar institutions like markets. The same has been true of the academic discussions most closely aligned with policymaking, notably in law schools. Professional philosophers have attempted some of the metaphysical investigations that Rawls recommended, but their arguments ...
Legal Gazette
... Wednesday’s programme consisted of three breakout sessions held in parallel: NATO cooperation in Cyber Activities, Exploring New Partners with Industry and Nations, and Evidence Based Operations. After lunch participants and speakers had the option to take part in a cultural trip to Kruja to visit t ...
... Wednesday’s programme consisted of three breakout sessions held in parallel: NATO cooperation in Cyber Activities, Exploring New Partners with Industry and Nations, and Evidence Based Operations. After lunch participants and speakers had the option to take part in a cultural trip to Kruja to visit t ...
Magna Carta and the ius commune
... approach in the most recent research on Magna Carta. The process of European integration has not yet laid its hand upon the 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 ha ...
... approach in the most recent research on Magna Carta. The process of European integration has not yet laid its hand upon the 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 ha ...
Jurisprudence
The word jurisprudence is derived from a latin maxim as referred 'jurisprudentia' but owes its origin to Rome. It is a combination of two words 'juris' which means 'law' and 'prudence' which means 'knowledge' or 'skill'. Therefore jurisprudence is the study, knowledge, skill and theory of law. Jurisprudence includes principles behind law that make the law. Scholars of jurisprudence, also known as jurists or legal theorists (including legal philosophers and social theorists of law), hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions. Modern jurisprudence began in the 18th century and was focused on the first principles of the natural law, civil law, and the law of nations. General jurisprudence can be divided into categories both by the type of question scholars seek to answer and by the theories of jurisprudence, or schools of thought, regarding how those questions are best answered. Contemporary philosophy of law, which deals with general jurisprudence, addresses problems in two rough groups: Problems internal to law and legal systems as such. Problems of law as a particular social institution as it relates to the larger political and social situation in which it exists.Answers to these questions come from four primary schools of thought in general jurisprudence: Natural law is the idea that there are rational objective limits to the power of legislative rulers. The foundations of law are accessible through reason and it is from these laws of nature that human-created laws gain whatever force they have. Legal positivism, by contrast to natural law, holds that there is no necessary connection between law and morality and that the force of law comes from some basic social facts. Legal positivists differ on what those facts are. Legal realism is a third theory of jurisprudence which argues that the real world practice of law is what determines what law is; the law has the force that it does because of what legislators, barristers and judges do with it. Similar approaches have been developed in many different ways in sociology of law. Critical legal studies are a younger theory of jurisprudence that has developed since the 1970s. It is primarily a negative thesis that holds that the law is largely contradictory, and can be best analyzed as an expression of the policy goals of the dominant social group.Also of note is the work of the contemporary philosopher of law Ronald Dworkin who has advocated a constructivist theory of jurisprudence that can be characterized as a middle path between natural law theories and positivist theories of general jurisprudence.A further relatively new field is known as therapeutic jurisprudence, concerned with the impact of legal processes on wellbeing and mental health.The English word is based on the Latin maxim jurisprudentia: juris is the genitive form of jus meaning ""law"", and prudentia means ""prudence"" (also: discretion, foresight, forethought, circumspection; refers to the exercise of good judgment, common sense, and even caution, especially in the conduct of practical matters). The word is first attested in English in 1628, at a time when the word prudence had the now obsolete meaning of ""knowledge of or skill in a matter"". The word may have come via the French jurisprudence, which is attested earlier.