Legal Profession in Ancient Imperial Rome
... istracies, especially to the newly created Imperial offices to which important judicial functions (such as those of the praefectus praetorio or the praefectus urbi) were attached, a man was now expected to have served some time on the "bench," that is, in the decemviral courts. This, in turn, would ...
... istracies, especially to the newly created Imperial offices to which important judicial functions (such as those of the praefectus praetorio or the praefectus urbi) were attached, a man was now expected to have served some time on the "bench," that is, in the decemviral courts. This, in turn, would ...
JEAN-JACQUES ROUSSEAU`S THEORY OF LAW AND CIVIL
... will of some selected few? Do our elected or selected leaders represent the entire citizens or themselves? Although our country is said to be practicing a democratic system of government, facts on ground show that we are far away from what a true democracy stands for. Instead, what we practice could ...
... will of some selected few? Do our elected or selected leaders represent the entire citizens or themselves? Although our country is said to be practicing a democratic system of government, facts on ground show that we are far away from what a true democracy stands for. Instead, what we practice could ...
The praetor as a promoter of bonum commune
... Maxime Lemosse emphasized the dominating role of the praetor as the person who, within the procedure for the protection of private rights, was called upon to lead a real legal debate6. The concept of the common good does not seem to be an invention of modern times, even though it was not authoritati ...
... Maxime Lemosse emphasized the dominating role of the praetor as the person who, within the procedure for the protection of private rights, was called upon to lead a real legal debate6. The concept of the common good does not seem to be an invention of modern times, even though it was not authoritati ...
A Terrible Purity: International Law, Morality, Religion, Exclusion
... conflict [and] acknowledges that different value systems are incompatible."1 4 Brooks seems thereby to indicate that the "incompatibility" of value systems, as well as the "moral and ideological" exceptionalism under which the United States conducts its "war on terror," involves a concept of religio ...
... conflict [and] acknowledges that different value systems are incompatible."1 4 Brooks seems thereby to indicate that the "incompatibility" of value systems, as well as the "moral and ideological" exceptionalism under which the United States conducts its "war on terror," involves a concept of religio ...
Athenian Democracy and Legal Change
... Athens defies easy categorization, though, the insights that Athens affords into the relationship between legal constraints and democratic decision making are richer and more immediately compelling than we might have anticipated. Ancient Athenians regarded the capacity to change laws, and, generally, ...
... Athens defies easy categorization, though, the insights that Athens affords into the relationship between legal constraints and democratic decision making are richer and more immediately compelling than we might have anticipated. Ancient Athenians regarded the capacity to change laws, and, generally, ...
The contribution of the International Court of Justice to
... (eds), Fifty Years of the International Court of Justice: Essays in Honour of Sir Robert Jennings, Grotius Publications, Cambridge University Press, 1996, pp. 3-16; V. Gowlland-Debbas, “Judicial insights into fundamental values and interests of the international community”, in A.S. Muller, D. Raic & ...
... (eds), Fifty Years of the International Court of Justice: Essays in Honour of Sir Robert Jennings, Grotius Publications, Cambridge University Press, 1996, pp. 3-16; V. Gowlland-Debbas, “Judicial insights into fundamental values and interests of the international community”, in A.S. Muller, D. Raic & ...
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 ...
On the Relationship of Ethics to Moral Law
... ethics such that an opportunity might appear to broach the question of community free from the political determinations of ‘people’, ‘nation’, or ‘state’. The dwelling or home is very significant for Levinas, for it signifies the Heideggerian conception of the self upon which Levinas builds his ethi ...
... ethics such that an opportunity might appear to broach the question of community free from the political determinations of ‘people’, ‘nation’, or ‘state’. The dwelling or home is very significant for Levinas, for it signifies the Heideggerian conception of the self upon which Levinas builds his ethi ...
COLONIAL DEVELOPMENT OF ISLAMIC FAMILY LAW IN THE
... material in the region and therefore might not be an accurate reflection of laws practiced by local populations who relied on oral transmission of customary laws to a great extent. Despite all these efforts, these legal codes were not eventually implemented in colonial courts in the Straits Settleme ...
... material in the region and therefore might not be an accurate reflection of laws practiced by local populations who relied on oral transmission of customary laws to a great extent. Despite all these efforts, these legal codes were not eventually implemented in colonial courts in the Straits Settleme ...
Updating the Executive, or, the Character of the Pardoning President
... is he who decides on the exception." 7 Whereas for Schmitt, the decision on the exception also involves determining when an emergency has arisen, for Fatovic, the compass of what falls under that rubric is more narrowly if not entirely precisely - delimited, and this delimitation precedes any partic ...
... is he who decides on the exception." 7 Whereas for Schmitt, the decision on the exception also involves determining when an emergency has arisen, for Fatovic, the compass of what falls under that rubric is more narrowly if not entirely precisely - delimited, and this delimitation precedes any partic ...
Democratic Theory and the Problem of Rights
... As a constituted pattern, a regime embodies a measure of resistance to disruptive change; it places constraints upon the forms and exercises of power deployed; but these characteristics differ significantly in degree from regime to regime and from time to time in the life of a regime. A regime may ...
... As a constituted pattern, a regime embodies a measure of resistance to disruptive change; it places constraints upon the forms and exercises of power deployed; but these characteristics differ significantly in degree from regime to regime and from time to time in the life of a regime. A regime may ...
Democracy, Solidarity and the Rule of Law
... increasing frequency to help us understand our own political communities at the same time as classicists and historians have turned to methods from other disciplines to help make sense of historical phenomena.8 Thus, shedding light on how the rule of law worked in classical Athens is of more than ju ...
... increasing frequency to help us understand our own political communities at the same time as classicists and historians have turned to methods from other disciplines to help make sense of historical phenomena.8 Thus, shedding light on how the rule of law worked in classical Athens is of more than ju ...
Alternate/Draft Link
... increasing frequency to help us understand our own political communities at the same time as classicists and historians have turned to methods from other disciplines to help make sense of historical phenomena.8 Thus, shedding light on how the rule of law worked in classical Athens is of more than ju ...
... increasing frequency to help us understand our own political communities at the same time as classicists and historians have turned to methods from other disciplines to help make sense of historical phenomena.8 Thus, shedding light on how the rule of law worked in classical Athens is of more than ju ...
Servais Pinckaers: Returning to a Thomisitc Morality of Happiness
... influence of natural human desire and inclinations. Whilst certainly teaching that true happiness is to be found in the higher activity of contemplation of God alone, the genius of Aquinas is that he also recognises the legitimate role of human action in ascending to these great heights of beatitude ...
... influence of natural human desire and inclinations. Whilst certainly teaching that true happiness is to be found in the higher activity of contemplation of God alone, the genius of Aquinas is that he also recognises the legitimate role of human action in ascending to these great heights of beatitude ...
Analogical reasoning in the common law
... clear-cut. Rather it is to say that the typology is sound and covers enough instances for it to help advance our understanding both of analogical reasoning itself and the theoretical disputes about its nature. One underlying theme in this paper is that even if common law reasoning is best understood ...
... clear-cut. Rather it is to say that the typology is sound and covers enough instances for it to help advance our understanding both of analogical reasoning itself and the theoretical disputes about its nature. One underlying theme in this paper is that even if common law reasoning is best understood ...
the role of law in economic thought: essays on
... their proof or disproof. Indeed, I only mention my propositions because knowing that I hold to them, you may find my sketch less oddly sewn together than you otherwise would. In spite of its oddness, I have enough confidence in its intrinsic interest to forego any elaborate theoretical gloss. Two qu ...
... their proof or disproof. Indeed, I only mention my propositions because knowing that I hold to them, you may find my sketch less oddly sewn together than you otherwise would. In spite of its oddness, I have enough confidence in its intrinsic interest to forego any elaborate theoretical gloss. Two qu ...
The Jurisprudential Niche Occupied by Law and Economics
... paradigm – once the principles and doctrines were revealed, it would then be possible to render decisions in new cases through the use of syllogistic reasoning from the precedential principles set forth in previous like cases.9 In all this, under Langdell, law became a science and automomous – an ar ...
... paradigm – once the principles and doctrines were revealed, it would then be possible to render decisions in new cases through the use of syllogistic reasoning from the precedential principles set forth in previous like cases.9 In all this, under Langdell, law became a science and automomous – an ar ...
Law and Finance “at the Origin” Ulrike Malmendier*
... century BC) is limited to the famous Twelve Tables from 450 BC. The Twelve Tables are generally perceived to be the foundation of Roman law. As far as we can judge from the surviving text fragments,5 the Twelve Tables were not an exhaustive codification of all legal rules. Rather, they defined vario ...
... century BC) is limited to the famous Twelve Tables from 450 BC. The Twelve Tables are generally perceived to be the foundation of Roman law. As far as we can judge from the surviving text fragments,5 the Twelve Tables were not an exhaustive codification of all legal rules. Rather, they defined vario ...
Slide 1 - International Forum on Teaching Legal Ethics and
... mislead, confuse or deceive, and (c) is in the best interests of the public and is consistent with a high standard of professionalism. ...
... mislead, confuse or deceive, and (c) is in the best interests of the public and is consistent with a high standard of professionalism. ...
Cicero`s Beloved Republic: The Insufficiency Of
... Implicit in all of these approaches to comparative law is a fundamental assumption of progress in history along with a belief in the ultimate reconciliation of incommensurable4 legal regimes into a global rule of law. Most modem comparative law assumes that legal regimes are comparable through the s ...
... Implicit in all of these approaches to comparative law is a fundamental assumption of progress in history along with a belief in the ultimate reconciliation of incommensurable4 legal regimes into a global rule of law. Most modem comparative law assumes that legal regimes are comparable through the s ...
Law and Finance “at the Origin” Ulrike Malmendier*
... This brief overview helps to explain how an ancient economy could arrive at a surprisingly sophisticated level of financial structure. We emphasize the flexibility in the creation and interpretation of legal rules, which allowed new business forms to be invented through modifying preexisting commerc ...
... This brief overview helps to explain how an ancient economy could arrive at a surprisingly sophisticated level of financial structure. We emphasize the flexibility in the creation and interpretation of legal rules, which allowed new business forms to be invented through modifying preexisting commerc ...
Glossary of Ethics - Lonergan Resource
... people to work for the common good. Atheism. The belief that God does not exist. In the last two centuries, some of the most influential atheistic philosophers have been Karl Marx, Friedrich Nietzsche, Bertrand Russell, and Jean-Paul Sartre. Autonomy. The ability to freely determine one’s own course ...
... people to work for the common good. Atheism. The belief that God does not exist. In the last two centuries, some of the most influential atheistic philosophers have been Karl Marx, Friedrich Nietzsche, Bertrand Russell, and Jean-Paul Sartre. Autonomy. The ability to freely determine one’s own course ...
CHAPTER 1 - WHAT IS MORALITY
... distinguish them when there is no obvious connection. To whom or what does morality apply? Morality may be applied to four areas: 1. Religion. Morality determined by relation between human being and supernatural being. 2. Nature. Morality determined by relation between human being and nature. 3. Ind ...
... distinguish them when there is no obvious connection. To whom or what does morality apply? Morality may be applied to four areas: 1. Religion. Morality determined by relation between human being and supernatural being. 2. Nature. Morality determined by relation between human being and nature. 3. Ind ...
Reflections on the "Republican Revival"
... My purpose here is not to critique Rodgers's historiographical synthesis, which I believe most historians would find useful and even illuminating. It is rather to explore, in more detail, a tiny episode in Constitution (1913), emphasized underlying economic motives as the basic influence on human ac ...
... My purpose here is not to critique Rodgers's historiographical synthesis, which I believe most historians would find useful and even illuminating. It is rather to explore, in more detail, a tiny episode in Constitution (1913), emphasized underlying economic motives as the basic influence on human ac ...
Introduction to Moral Heteronomy. History, Proposals, Arguments
... Tartarian shepherd, and the English seaman, are acquainted with justice and injustice. Confucius did not invent a system of morals, as men construct physical systems. He found his in the hearts of all mankind”5. ...
... Tartarian shepherd, and the English seaman, are acquainted with justice and injustice. Confucius did not invent a system of morals, as men construct physical systems. He found his in the hearts of all mankind”5. ...
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.