The Stagnation of Law and Democracy in Regional Government in
... Republic.2 A republic is a form of government in which power resides in the people and the president is the head.3 In line with the definition of a republic, Article 1 (2) of UUD RI 1945 states that sovereignty is vested in the poeple and implemented pursuant to the constitution. Article 1 (3) of UU ...
... Republic.2 A republic is a form of government in which power resides in the people and the president is the head.3 In line with the definition of a republic, Article 1 (2) of UUD RI 1945 states that sovereignty is vested in the poeple and implemented pursuant to the constitution. Article 1 (3) of UU ...
lon l. fuller - Libertarian Alliance
... of us could aspire to anything much above a purely animal existence. One of the highest responsibilities [therefore] of the morality of aspiration is to preserve and enrich this social inheritance.”7 In evaluating the passion for “deep play”, and whether such ‘excessive’ forms of gambling should be ...
... of us could aspire to anything much above a purely animal existence. One of the highest responsibilities [therefore] of the morality of aspiration is to preserve and enrich this social inheritance.”7 In evaluating the passion for “deep play”, and whether such ‘excessive’ forms of gambling should be ...
Why Penalties Become Harsher: The Roman Case, Late Republic to
... lower orders within both the citizen population and the noncitizen population of the Empire. Under the Empire, outlawry, or interdiction, was made the basis of a formalized penalty of exile. Exile was no longer a self-imposed sanction by which the legal penalty (death) was eluded, but a regular sent ...
... lower orders within both the citizen population and the noncitizen population of the Empire. Under the Empire, outlawry, or interdiction, was made the basis of a formalized penalty of exile. Exile was no longer a self-imposed sanction by which the legal penalty (death) was eluded, but a regular sent ...
Chapter 3 Law, Psychology, and Morality
... was certain she would not get caught? What if after the law was passed, people suddenly believed that insider trading causes concrete harms? Or suddenly thought that insider trading is simply unfair or evil, whether or not it causes any harm? If a ban on insider trading did any of these things, we w ...
... was certain she would not get caught? What if after the law was passed, people suddenly believed that insider trading causes concrete harms? Or suddenly thought that insider trading is simply unfair or evil, whether or not it causes any harm? If a ban on insider trading did any of these things, we w ...
_15_natural law theory - lumina
... fundamental for Greek cultural consciousness vanished into thin air. God made all men free; nature has made no man a slave" 16. Though Plato held fast to the institution of slavery, and Aristotle was ever striving to justify it by means of his theory that certain men are slaves by nature, and even ...
... fundamental for Greek cultural consciousness vanished into thin air. God made all men free; nature has made no man a slave" 16. Though Plato held fast to the institution of slavery, and Aristotle was ever striving to justify it by means of his theory that certain men are slaves by nature, and even ...
Research Paper Series Thomas Aquinas on Justice as a Global Virtue
... introduced by circumstance and context are morally acceptable. Thomas points to the acceptance of thievery by some Germanic tribes, for instance, which, in his eyes, is not a legitimate cultural specification of the institute of property, but must rather be attributed to the depraved customs and cor ...
... introduced by circumstance and context are morally acceptable. Thomas points to the acceptance of thievery by some Germanic tribes, for instance, which, in his eyes, is not a legitimate cultural specification of the institute of property, but must rather be attributed to the depraved customs and cor ...
Books Reviewed - NDLScholarship
... uniformity of nature exists at all) in that the former change from one historical period to 'another. He also maintains that human action is the real force that changes (and determines) them. Social uniformities are not "laws of nature," but are man-made facts. And although they depend on human natu ...
... uniformity of nature exists at all) in that the former change from one historical period to 'another. He also maintains that human action is the real force that changes (and determines) them. Social uniformities are not "laws of nature," but are man-made facts. And although they depend on human natu ...
introduction: towards a global history of international law
... of global historiography17 who understand ‘the self ’ and ‘the other’ as shifting constructions so that ‘the West’ (or ‘Europe’) can be seen as an invention responding to a global experience.18 Of particular interest is the question whether there was not only a reception of European concepts and sta ...
... of global historiography17 who understand ‘the self ’ and ‘the other’ as shifting constructions so that ‘the West’ (or ‘Europe’) can be seen as an invention responding to a global experience.18 Of particular interest is the question whether there was not only a reception of European concepts and sta ...
Is There a Duty to Obey the Law? - Assets
... tissue, quite apart from how we acquire it, is a controversial affair. Equally contentious is the bringing to term of severely deformed fetuses who will die almost at once, in order to use their organs for transplant. But so, too, is xenography, or cross-species transplantation, in which animals are ...
... tissue, quite apart from how we acquire it, is a controversial affair. Equally contentious is the bringing to term of severely deformed fetuses who will die almost at once, in order to use their organs for transplant. But so, too, is xenography, or cross-species transplantation, in which animals are ...
Trends in Theories About Law - Yale Law School Legal Scholarship
... sought to be subsumed within a larger framework of inquiry which would disclose the consequences of the invocation and application of different particular technical rules for the shaping and sharing of community values. A particularly happy, early formulation of the general point of view is that of ...
... sought to be subsumed within a larger framework of inquiry which would disclose the consequences of the invocation and application of different particular technical rules for the shaping and sharing of community values. A particularly happy, early formulation of the general point of view is that of ...
Hayek the Rule of Law and the Challenge of Emergency.
... process". The "laws of liberty" are abstract and impersonal, universal in application, and equally enforced. Although Hayek dissents in the Constitution of Liberty, with fellow Austrian jurist Hans Kelsen because he is a positivist, in this point there is a coincidence who indicates that the general ...
... process". The "laws of liberty" are abstract and impersonal, universal in application, and equally enforced. Although Hayek dissents in the Constitution of Liberty, with fellow Austrian jurist Hans Kelsen because he is a positivist, in this point there is a coincidence who indicates that the general ...
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. ...
CHAPTER 28 FAIRNESS TO RIGHTNESS: JURISDICTION
... chief US prosecutor Robert Jackson, focused principally on the crime of aggressive war, which, self-evidently, can be launched only by a group. Furthermore, at Nuremberg the definitions of crimes against peace and crimes against humanity both emphasized the organized, group-based nature of their pe ...
... chief US prosecutor Robert Jackson, focused principally on the crime of aggressive war, which, self-evidently, can be launched only by a group. Furthermore, at Nuremberg the definitions of crimes against peace and crimes against humanity both emphasized the organized, group-based nature of their pe ...
Social Order and the Limits of the Law. By Iredell Jenkins.
... with constructivist rationalism are overlooked or rejected, but such modes do exist. As Hayek states, "It is simply not true that our actions owe their effectiveness solely or chiefly to knowledge which we can state in words and can therefore constitute the explicit premises of a syllogism."1 6 Inst ...
... with constructivist rationalism are overlooked or rejected, but such modes do exist. As Hayek states, "It is simply not true that our actions owe their effectiveness solely or chiefly to knowledge which we can state in words and can therefore constitute the explicit premises of a syllogism."1 6 Inst ...
THE CASE FOR THE COMMON LAW Evelyn Keyes I am a state
... where their outdated ideas still seem to be worthy of filling a few pages. And yet one may ask, “Is there a place in this brave new world for foxes?” American and Anglo-American legal philosophy has not been developed by state court common-law judges; they are generally too busy and too little incl ...
... where their outdated ideas still seem to be worthy of filling a few pages. And yet one may ask, “Is there a place in this brave new world for foxes?” American and Anglo-American legal philosophy has not been developed by state court common-law judges; they are generally too busy and too little incl ...
Pareto Optimality and the Rule of Law
... consensus. Wicksell had previously advanced the idea that tax levies and national budgets should require parliamentary super-majorities of 75)90 percent.14 Buchanan's later work with Gordon Tullock and others demonstrates his full awareness and concern for the problems of lessthan-unanimous decision ...
... consensus. Wicksell had previously advanced the idea that tax levies and national budgets should require parliamentary super-majorities of 75)90 percent.14 Buchanan's later work with Gordon Tullock and others demonstrates his full awareness and concern for the problems of lessthan-unanimous decision ...
is there a moral code regardless of time and place?
... In the Critique of Practical Reason, he says: "The method then takes the following course: At first we are only concerned to make the judging of actions by moral laws a natural employment accompanying all our own free actions, as well as the observation of those of others, and to make it as it were ...
... In the Critique of Practical Reason, he says: "The method then takes the following course: At first we are only concerned to make the judging of actions by moral laws a natural employment accompanying all our own free actions, as well as the observation of those of others, and to make it as it were ...
Natural Law and the Scottish Enlightenment
... the founder of the Swiss school of natural law, whose other major names are Burlamaqui and Vattel.13 It was this group who made modern natural law a force in the French-speaking world at a time when nothing like it could be taught at French universities, and the most important factor in this was und ...
... the founder of the Swiss school of natural law, whose other major names are Burlamaqui and Vattel.13 It was this group who made modern natural law a force in the French-speaking world at a time when nothing like it could be taught at French universities, and the most important factor in this was und ...
Kantian Deontology
... duty is good regardless of the consequences, or, it is good unconditionally. In human beings, respect for the moral law means being restrained by its requirements. Actions have moral worth only when we act for the sake of duty and against contrary inclination. It follows that divine beings (Go ...
... duty is good regardless of the consequences, or, it is good unconditionally. In human beings, respect for the moral law means being restrained by its requirements. Actions have moral worth only when we act for the sake of duty and against contrary inclination. It follows that divine beings (Go ...
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 ...
CSR – FROM ECONOMICS TO LAW AND ETHICS. A CASE AND
... be it either a specified objective or merely abiding the rules. A “legal person” is somebody who always seeks for justice, which can either entail or exclude what is good; it is about following the rules established by a society. An “economic person” always tends to gain profit. But all these three ...
... be it either a specified objective or merely abiding the rules. A “legal person” is somebody who always seeks for justice, which can either entail or exclude what is good; it is about following the rules established by a society. An “economic person” always tends to gain profit. But all these three ...
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) ...
My Bio - Carol Ann Wilson
... Freelance writer specializing in plain language; immediate past editor and continuing feature writer for Legal Secretaries International Inc. In Brief quarterly journal; editor for monthly journal of Military Officers Association of America, Houston Area chapter. Prior employment. Corporate officer ...
... Freelance writer specializing in plain language; immediate past editor and continuing feature writer for Legal Secretaries International Inc. In Brief quarterly journal; editor for monthly journal of Military Officers Association of America, Houston Area chapter. Prior employment. Corporate officer ...
Ethics in Modern Philosophy
... impossible to will that such a principle should have the universal validity of a law of nature. For a will which resolved this would contradict itself, inasmuch as many cases might occur in which one would have need of the love and sympathy of others, and in which, by such a law of nature, sprung fr ...
... impossible to will that such a principle should have the universal validity of a law of nature. For a will which resolved this would contradict itself, inasmuch as many cases might occur in which one would have need of the love and sympathy of others, and in which, by such a law of nature, sprung fr ...
MAGNA CARTA AND ITS SIGNIFICANT ROLE FOR RULE OF LAW
... principles – supremacy of the law and government by consent. Therefore, by signing the Magna Carta, King John made an unprecedented move in human history, making the royal authority for the first time a subject of the law, opposite from its previous position where he could simply stay above it and r ...
... principles – supremacy of the law and government by consent. Therefore, by signing the Magna Carta, King John made an unprecedented move in human history, making the royal authority for the first time a subject of the law, opposite from its previous position where he could simply stay above it and r ...
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.