Niklas Luhmann`s Theory of Politics and Law
... to later as ‘anthropocentric’). In this respect it does not fulfil the expectations of those many sociologists who still want a theory to be testable or, at least, to provide clear indications of causal factors and likely outcomes. Yet to label Luhmann’s writings as philosophical speculation or pure ...
... to later as ‘anthropocentric’). In this respect it does not fulfil the expectations of those many sociologists who still want a theory to be testable or, at least, to provide clear indications of causal factors and likely outcomes. Yet to label Luhmann’s writings as philosophical speculation or pure ...
Great Powers and Outlaw States: Unequal Sovereigns in - E
... and official statements, the United States and the United Kingdom governments have spoken of the need to apply power, sometimes in the absence of explicit UN Security Council authorisation.4 This is often characterised as ‘unilateralism’ but I want to read this behaviour as part of a particular tradi ...
... and official statements, the United States and the United Kingdom governments have spoken of the need to apply power, sometimes in the absence of explicit UN Security Council authorisation.4 This is often characterised as ‘unilateralism’ but I want to read this behaviour as part of a particular tradi ...
Rahmani, Ataollah (2007) Majority rule and minority shareholder
... Most importantly, I would like to express my gratitude to my father and mother for five her for support and patience over a period of their encouragements and my wife vears. ...
... Most importantly, I would like to express my gratitude to my father and mother for five her for support and patience over a period of their encouragements and my wife vears. ...
Quality of Decision-Making in Public Law
... For instance, legal quality of the ‘going by the book’ variety in mass-produced administrative decisions is routinely gauged by internal or external auditors. Some would say that the final verdict on the quality of an individual decision is given in a court of law. Nevertheless, examination of court ...
... For instance, legal quality of the ‘going by the book’ variety in mass-produced administrative decisions is routinely gauged by internal or external auditors. Some would say that the final verdict on the quality of an individual decision is given in a court of law. Nevertheless, examination of court ...
Legal History and Traditions - Ethiopian Legal Brief
... 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 encountered by past legal systems and the solutions offered thereto is hoped to throw l ...
... 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 encountered by past legal systems and the solutions offered thereto is hoped to throw l ...
hla hart`s lost essay: discretion and the legal process school
... Sacks, Herbert Wechsler, Paul Freund, and Lon Fuller — but also an opportunity to demystify his approach to legal scholarship. The analytical jurisprudence Hart had developed at Oxford — which prized conceptual clarity, logical rigor, and the careful study of language in legal analysis — aroused sus ...
... Sacks, Herbert Wechsler, Paul Freund, and Lon Fuller — but also an opportunity to demystify his approach to legal scholarship. The analytical jurisprudence Hart had developed at Oxford — which prized conceptual clarity, logical rigor, and the careful study of language in legal analysis — aroused sus ...
PDF Datastream - Brown Digital Repository
... narrow criticisms of particular institutions. Something much bigger is at stake – namely, the question of a democracy’s capacity to balance revenues and expenditures in an intelligent way. For Boeckh, Andreades, and other critics, Athens’ financial organization might not have proved inadequate if on ...
... narrow criticisms of particular institutions. Something much bigger is at stake – namely, the question of a democracy’s capacity to balance revenues and expenditures in an intelligent way. For Boeckh, Andreades, and other critics, Athens’ financial organization might not have proved inadequate if on ...
Order without Law: How Neighbors Settle Disputes
... illustrate what has come to be known as the Coase Theorem. 3 This counterintuitive proposition states, in its strongest form, that when transaction costs are zero a change in the rule of liability will have no effect on the allocation of resources. For example, as long as its admittedly heroic assum ...
... illustrate what has come to be known as the Coase Theorem. 3 This counterintuitive proposition states, in its strongest form, that when transaction costs are zero a change in the rule of liability will have no effect on the allocation of resources. For example, as long as its admittedly heroic assum ...
Study Notes on Cicero and Natural Law
... one suspect intentional neglect. The sole exception to this rule has been the legal literature. Here, however, we have, potentially, too much written — or, at least, too little attention to consistency and integration of literature; that is, any legal writer, perhaps armed with a little Latin, can s ...
... one suspect intentional neglect. The sole exception to this rule has been the legal literature. Here, however, we have, potentially, too much written — or, at least, too little attention to consistency and integration of literature; that is, any legal writer, perhaps armed with a little Latin, can s ...
OBLIGATION TO OBEY THE LAW: A STUDY OF THE DEATH OF
... a valid rule of the legal system in which we happen to be physically located? The attention given to this problem in recent years as a result of controversies over civil disobedience and post-Watergate reassessment of the relation between law and ethics justifies a new look at the classic statement ...
... a valid rule of the legal system in which we happen to be physically located? The attention given to this problem in recent years as a result of controversies over civil disobedience and post-Watergate reassessment of the relation between law and ethics justifies a new look at the classic statement ...
Rank Strangers to Me: Shaffer and Cochran`s Friendship Model of
... and the lawyer as guru (representing the client for rectitude). 9 These approaches all fail, they conclude after analyzing each narrative, because good moral counseling always has as its central issue the type of person the client is becoming in the representation. This they find only in the lawyer ...
... and the lawyer as guru (representing the client for rectitude). 9 These approaches all fail, they conclude after analyzing each narrative, because good moral counseling always has as its central issue the type of person the client is becoming in the representation. This they find only in the lawyer ...
The Natural Law Foundations of Modern Social Theory
... the heterogeneity of the modern world, which consists of one and the same human species. Modern social theory is not the most recent incarnation of natural law. The language and modes of addressing social life have altered fundamentally, of course, and yet the social sciences can be seen as one part ...
... the heterogeneity of the modern world, which consists of one and the same human species. Modern social theory is not the most recent incarnation of natural law. The language and modes of addressing social life have altered fundamentally, of course, and yet the social sciences can be seen as one part ...
Obligation to Obey the Law: A Study of the Death of Socrates, by
... suggesting that the jurors acted illegally never occurred to Socrates. [FN28] At the outset he said, "I must obey the law and make my defense." [FN29] Since he openly admitted the nature and purpose of his lifetime activities, Socrates' argument seems to be directed to a matter of interpretation rat ...
... suggesting that the jurors acted illegally never occurred to Socrates. [FN28] At the outset he said, "I must obey the law and make my defense." [FN29] Since he openly admitted the nature and purpose of his lifetime activities, Socrates' argument seems to be directed to a matter of interpretation rat ...
Obligation to Obey the Law: A Study of the Death of Socrates
... suggesting that the jurors acted illegally never occurred to Socrates. [FN28] At the outset he said, "I must obey the law and make my defense." [FN29] Since he openly admitted the nature and purpose of his lifetime activities, Socrates' argument seems to be directed to a matter of interpretation ra ...
... suggesting that the jurors acted illegally never occurred to Socrates. [FN28] At the outset he said, "I must obey the law and make my defense." [FN29] Since he openly admitted the nature and purpose of his lifetime activities, Socrates' argument seems to be directed to a matter of interpretation ra ...
Deceptive Nature of Rules - Penn Law: Legal Scholarship Repository
... authority and subject within a system of rules and the moral dilemma that such a system poses. The problem we are interested in is really one of esoteric government, in which the governed are not fully aware of the nature of the system that governs them. At least in a society that values publicity a ...
... authority and subject within a system of rules and the moral dilemma that such a system poses. The problem we are interested in is really one of esoteric government, in which the governed are not fully aware of the nature of the system that governs them. At least in a society that values publicity a ...
A Legal History of Rome
... The history of Roman law in antiquity spans a period of more than a thousand years. Initially, the law of a small rural community, then that of a powerful citystate, Roman law became in the course of time the law of a multinational empire that embraced the entire Mediterranean world. During its long ...
... The history of Roman law in antiquity spans a period of more than a thousand years. Initially, the law of a small rural community, then that of a powerful citystate, Roman law became in the course of time the law of a multinational empire that embraced the entire Mediterranean world. During its long ...
Abstract book - Publication Server of Goethe University Frankfurt am
... Bemerkungen zur Diskussion Kelsen – Pitamic (Methodological Clarity or Substantial Purity? Notes on the Discussion between Kelsen and Pitamic) ...
... Bemerkungen zur Diskussion Kelsen – Pitamic (Methodological Clarity or Substantial Purity? Notes on the Discussion between Kelsen and Pitamic) ...
mimesis and sociality: a reading of the question of literature in
... literature to sociality; to the contrary, the suggestion of this thesis is that it is rather more promising to study these terms before their conceptual closure so that we will be able to figure out how the questioning of each of these concepts immediately permeates with other questions, by reinvest ...
... literature to sociality; to the contrary, the suggestion of this thesis is that it is rather more promising to study these terms before their conceptual closure so that we will be able to figure out how the questioning of each of these concepts immediately permeates with other questions, by reinvest ...
Introduction to Ethics for Teaching
... The Divine Command theorist may conclude that authoritative guidance is needed. Unfortunately, deference to ecclesiastical leadership is no less problematic than deference to scriptural authority. For example, the slavery debate that raged before the American Civil War evoked Christianity in support ...
... The Divine Command theorist may conclude that authoritative guidance is needed. Unfortunately, deference to ecclesiastical leadership is no less problematic than deference to scriptural authority. For example, the slavery debate that raged before the American Civil War evoked Christianity in support ...
"Globalising sovereignty"? Pettit`s neo
... tapestries interweaving distinctive understandings of the state, the divine, authority, the good, etc. That said, each of them were in some sense committed to or intrigued by the idea of the republic beyond the confines of the state or nation. This consistent connection to at least some part of the ...
... tapestries interweaving distinctive understandings of the state, the divine, authority, the good, etc. That said, each of them were in some sense committed to or intrigued by the idea of the republic beyond the confines of the state or nation. This consistent connection to at least some part of the ...
Michael Jaworskyj, Soviet Political Thought
... referred to by Soviet writers. It is hoped that the discussion of these assumptions will bring some clarity to the maze of ideas underly ing Soviet political thought and will facilitate the reader's under standing of the translated materials. A word of explanation is necessary concerning the probl ...
... referred to by Soviet writers. It is hoped that the discussion of these assumptions will bring some clarity to the maze of ideas underly ing Soviet political thought and will facilitate the reader's under standing of the translated materials. A word of explanation is necessary concerning the probl ...
James Wilson`s Theory of Constitutional Interpretation
... fictions may be taken as formulas that somehow settle the case, even when they illuminate nothing about the grounds of judgment that are necessary for the law. And for the sake of fitting their decisions to these formulas, the jurists have had to absorb canons of reasoning that must ever be embarras ...
... fictions may be taken as formulas that somehow settle the case, even when they illuminate nothing about the grounds of judgment that are necessary for the law. And for the sake of fitting their decisions to these formulas, the jurists have had to absorb canons of reasoning that must ever be embarras ...
Law and Justice in Caesar`s Gallic Wars
... extensive. He studied rhetoric and gained practical experience as an advocate by arguing cases in the Roman courts. He held governmental and religious positions which required him to know and apply law and legal principles as part of his daily routine. In doing so, he became intimately familiar with ...
... extensive. He studied rhetoric and gained practical experience as an advocate by arguing cases in the Roman courts. He held governmental and religious positions which required him to know and apply law and legal principles as part of his daily routine. In doing so, he became intimately familiar with ...
1 Introduction - University of Pretoria
... terminology is long. I take note of them as my spell-checker underlines them in confused red waves, this time not because they are wrong – but because they are new. As I left click on these words to “add to standard dictionary”, I try to envisage how we would left-click these terms and concepts and ...
... terminology is long. I take note of them as my spell-checker underlines them in confused red waves, this time not because they are wrong – but because they are new. As I left click on these words to “add to standard dictionary”, I try to envisage how we would left-click these terms and concepts and ...
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.