1 “The Rule of Law in British Colonial Societies in the 19th Century
... and to direct an expanding corpus of criminal law against an increasing number of displaced and masterless people had hegemonic characteristics.16 In particular it took place within a legal order in which there was a broad cultural commitment to the “rights of freeborn Englishmen” [sic] and to the r ...
... and to direct an expanding corpus of criminal law against an increasing number of displaced and masterless people had hegemonic characteristics.16 In particular it took place within a legal order in which there was a broad cultural commitment to the “rights of freeborn Englishmen” [sic] and to the r ...
On Protection and Restriction of Private Property Right
... lawful incomes, savings, houses, and other life materials, but equalize production materials with life materials. As long as the property is obtained lawfully, it should be respected and protected by the Constitution. Another visible change is that: present Constitution protects the property right, ...
... lawful incomes, savings, houses, and other life materials, but equalize production materials with life materials. As long as the property is obtained lawfully, it should be respected and protected by the Constitution. Another visible change is that: present Constitution protects the property right, ...
Accepted version - Queen Mary University of London
... psychological experiences of law, fixing the sense of right and duty. Law derived from the individual’s acceptance of normative facts, Petrażycki calls positive law, but it is important to recognise that this is not what lawyers typically understand as positive law. For one thing, normative facts ca ...
... psychological experiences of law, fixing the sense of right and duty. Law derived from the individual’s acceptance of normative facts, Petrażycki calls positive law, but it is important to recognise that this is not what lawyers typically understand as positive law. For one thing, normative facts ca ...
Legal Positivism
... If a rule is a law it is not in virtue of the threatened sanction or the capacity of an individual to make good on a threat. Not every rule is law of course. The existence of law presupposes law making authority that attaches to offices. Individuals possess an authority to make (amend or interpret) ...
... If a rule is a law it is not in virtue of the threatened sanction or the capacity of an individual to make good on a threat. Not every rule is law of course. The existence of law presupposes law making authority that attaches to offices. Individuals possess an authority to make (amend or interpret) ...
Tracing the Performance of Law in Indonesia (A Perspective of
... values, or justice. The continuum of legal positivism should be given an alternative through the Progressive Law approach, which focuses on the spirit to break, or to conduct a ”Law Breaking”. Moral awareness and soul conscience should be treated as the foundation for the Progressive Law since the a ...
... values, or justice. The continuum of legal positivism should be given an alternative through the Progressive Law approach, which focuses on the spirit to break, or to conduct a ”Law Breaking”. Moral awareness and soul conscience should be treated as the foundation for the Progressive Law since the a ...
Common Law and Continental Law: Two Legal Systems
... accountable to the traditional judges. The possibility for protection against misuse of administrative power was only introduced slowly by the Conseil d’Etat, which during the 19th century developed some basic principles of administrative law. But even today the power of the administrative courts is ...
... accountable to the traditional judges. The possibility for protection against misuse of administrative power was only introduced slowly by the Conseil d’Etat, which during the 19th century developed some basic principles of administrative law. But even today the power of the administrative courts is ...
Faculty Research Working Papers Series
... In its most general and comprehensive sense, he says, a law is “a rule laid down for the guidance of an intelligent being by an intelligent being having power over him.”13 Asymmetry in power is central for Austin, as we have seen, but intelligent guidance introduces a different dimension. Austin fol ...
... In its most general and comprehensive sense, he says, a law is “a rule laid down for the guidance of an intelligent being by an intelligent being having power over him.”13 Asymmetry in power is central for Austin, as we have seen, but intelligent guidance introduces a different dimension. Austin fol ...
Chapter 10
... encapsulates what the study of ethics vis-à-vis law is all about. While it may have been legal to trade in human misery and subjugation, could it ever be morally acceptable under any of the systems of ethics discussed in this chapter? The study of ethics revolves around the examination of rules, con ...
... encapsulates what the study of ethics vis-à-vis law is all about. While it may have been legal to trade in human misery and subjugation, could it ever be morally acceptable under any of the systems of ethics discussed in this chapter? The study of ethics revolves around the examination of rules, con ...
the internal morality of chinese legalism - NUS
... of power.9 That, obviously, is Austin’s view as well. The foundation of law is force or the threat of its use. To have a duty, therefore, in Austin’s quaint phrase, is to be obnoxious to the superior’s threat. Obnoxiousness is determined by one of two empirical facts: either the extent to which the ...
... of power.9 That, obviously, is Austin’s view as well. The foundation of law is force or the threat of its use. To have a duty, therefore, in Austin’s quaint phrase, is to be obnoxious to the superior’s threat. Obnoxiousness is determined by one of two empirical facts: either the extent to which the ...
In employing the term “rights to do wrong,” I mean
... often do so without appreciating that there are distinct limits, at times readily discernible, to what the law can offer. We must then find other, further ways to address our dissatisfactions and distempers with one another. In so doing, we begin to learn what it is about law, as a very particular c ...
... often do so without appreciating that there are distinct limits, at times readily discernible, to what the law can offer. We must then find other, further ways to address our dissatisfactions and distempers with one another. In so doing, we begin to learn what it is about law, as a very particular c ...
Drafting for the Rule of Law - Yale Law School Legal Scholarship
... system, or how to determine which passenger aircraft are safe or which drugs will not kill too many of their users. To date, no one has come close. To make these decisions, the only form of organized power that exists, or even hovers on the horizon, is bureaucracy. 6 In Africa, "those who seek liber ...
... system, or how to determine which passenger aircraft are safe or which drugs will not kill too many of their users. To date, no one has come close. To make these decisions, the only form of organized power that exists, or even hovers on the horizon, is bureaucracy. 6 In Africa, "those who seek liber ...
MAGNA CARTA AND ITS SIGNIFICANT ROLE FOR RULE OF LAW
... exceeds the meaning of the specific clauses set out in the 63 Articles, founding the most important 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 ...
... exceeds the meaning of the specific clauses set out in the 63 Articles, founding the most important 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 ...
Judicial Activism – Justice or Treason?
... judicial discretion that gives scope for some common sense flexibility. Hart confronted and headed off the legal realists, but was less able to deal with Ronald Dworkin who argued that this ‘model of rules’ is simply not how things work ...
... judicial discretion that gives scope for some common sense flexibility. Hart confronted and headed off the legal realists, but was less able to deal with Ronald Dworkin who argued that this ‘model of rules’ is simply not how things work ...
Normative Pluralism: an Exploration, by Jan Klabbers and Touko
... law and morality. There is also, albeit to a lesser extent perhaps, a body of scholarship on the relations between law and social norms — in this case, those doing the work have tended to be social scientists, perhaps anthropologists in particular. Yet, those debates were — and are — predominantly g ...
... law and morality. There is also, albeit to a lesser extent perhaps, a body of scholarship on the relations between law and social norms — in this case, those doing the work have tended to be social scientists, perhaps anthropologists in particular. Yet, those debates were — and are — predominantly g ...
Sociology and Natural Law
... in the social world whose very nature encompasses the realization of values. Social scientists are not troubled by the idea of a "norm" or standard of behavior. A great deal of anthropological and sociological writing is devoted to the description and analysis of norms and systems of norms. That a c ...
... in the social world whose very nature encompasses the realization of values. Social scientists are not troubled by the idea of a "norm" or standard of behavior. A great deal of anthropological and sociological writing is devoted to the description and analysis of norms and systems of norms. That a c ...
Peking University – May 7th, 2013 Aquinas on Natural Law Riccardo
... understand and establish. In this sense, Aquinas notes, natural law cannot be a habit, i.e. a disposition acquired by human being, simply because it is established by human reason. Moreover, natural law is not the cause of our action as humans: it is something that we do, a product of reason which c ...
... understand and establish. In this sense, Aquinas notes, natural law cannot be a habit, i.e. a disposition acquired by human being, simply because it is established by human reason. Moreover, natural law is not the cause of our action as humans: it is something that we do, a product of reason which c ...
The Topic and Key Number System
... are not present in the print version of this case, but they permit useful key number searches on Westlaw when the specific key number needed cannot be identified. For example, you can search for cases assigned to any specific key numbers under subheading 92k90. ...
... are not present in the print version of this case, but they permit useful key number searches on Westlaw when the specific key number needed cannot be identified. For example, you can search for cases assigned to any specific key numbers under subheading 92k90. ...
The Importance of Convergence in Commercial
... 20. There is also a perceived risk of parochialism of the legal system where the case is being heard, which leads parties to be wary of localized dispute resolution. By parochialism I am not suggesting that a foreign court will impermissibly favour the local litigant. However there are circumstance ...
... 20. There is also a perceived risk of parochialism of the legal system where the case is being heard, which leads parties to be wary of localized dispute resolution. By parochialism I am not suggesting that a foreign court will impermissibly favour the local litigant. However there are circumstance ...
Dear pres/*idence, dear guess, dear colliguess
... To live justice is important for law because we are always one of item of union. Formally, justice is the way of thinking and acting which will be more or less equal with morality and honesty. Thus, in one of way it is be to understood it that just and to live honestly in the way of moral. And moral ...
... To live justice is important for law because we are always one of item of union. Formally, justice is the way of thinking and acting which will be more or less equal with morality and honesty. Thus, in one of way it is be to understood it that just and to live honestly in the way of moral. And moral ...
International Law and the UN System
... presented by Weston, Falk and D’Amato through quoting several authors who argue that “law” is larger than what governments decide. As one author (Weston) puts it: Law does not live by executives and legislators alone. It lives also by individual human beings such as ourselves, pushing and pulling th ...
... presented by Weston, Falk and D’Amato through quoting several authors who argue that “law” is larger than what governments decide. As one author (Weston) puts it: Law does not live by executives and legislators alone. It lives also by individual human beings such as ourselves, pushing and pulling th ...
International law
... as an international agreement between States in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments. A document that meets the elements of a treaty is still a treaty, even if its parties use a different designation, i.e. “ ...
... as an international agreement between States in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments. A document that meets the elements of a treaty is still a treaty, even if its parties use a different designation, i.e. “ ...
Wisdom of Customary law The wisdom “strength, honour and
... against arbitrary power not only had won it for themselves, by their sacrifice they had purchased it for their descendants. That price paid conferred one of the title deeds by which English constitutional theory before the nineteenth century vested individual citizens with “ownership” of liberty. La ...
... against arbitrary power not only had won it for themselves, by their sacrifice they had purchased it for their descendants. That price paid conferred one of the title deeds by which English constitutional theory before the nineteenth century vested individual citizens with “ownership” of liberty. La ...
Diss Text - Journal of Conflictology
... Talking about law, an approach of integrative transrational peaces and elicitive conflict transformation requires that we ask first what needs to be integrated and what makes the twist from conflict resolution to conflict transformation necessary and meaningful in this field. In this sense, I will a ...
... Talking about law, an approach of integrative transrational peaces and elicitive conflict transformation requires that we ask first what needs to be integrated and what makes the twist from conflict resolution to conflict transformation necessary and meaningful in this field. In this sense, I will a ...
John Locke: The Second Treatise, Of Civil Government
... that society; the first and fundamental positive law of all commonwealths is the establishing of the legislative power; as the first and fundamental natural law, which is to govern even the legislative itself, is the preservation of the society, and (as far as will consist with the public good) of e ...
... that society; the first and fundamental positive law of all commonwealths is the establishing of the legislative power; as the first and fundamental natural law, which is to govern even the legislative itself, is the preservation of the society, and (as far as will consist with the public good) of e ...
Law as Rights - TRU SLS Home Page
... Morality has two distinct meanings: external morality and internal morality. External morality is the sense of morality in the society at large. This is the idea of what most of us think of as good for ourselves, others, society as a whole, most of the time. The things that we agree on as moral valu ...
... Morality has two distinct meanings: external morality and internal morality. External morality is the sense of morality in the society at large. This is the idea of what most of us think of as good for ourselves, others, society as a whole, most of the time. The things that we agree on as moral valu ...