The of Power in Paradise: Political
... 1990; Sassen 1994). In a sense, Los Angeles acts as both a buffer and catalyst between cultural times, places, and perspectives. Among other things, it is a city of negotiated, permeable frontiers between Santa Barbara’s wealthy hillside suburbia to the North, and Tijuana’s commercial frenzy to the ...
... 1990; Sassen 1994). In a sense, Los Angeles acts as both a buffer and catalyst between cultural times, places, and perspectives. Among other things, it is a city of negotiated, permeable frontiers between Santa Barbara’s wealthy hillside suburbia to the North, and Tijuana’s commercial frenzy to the ...
Hart`s Methodological Positivism - Penn Law: Legal Scholarship
... either explicitly or implicitly, in speaking of "law." To the extent that a descriptive-explanatory theory used the term "law," it would have to be regarded as a term of art. Its meaning and extension would be determined by the relative explanatory power of accepting one way of categorizing and desc ...
... either explicitly or implicitly, in speaking of "law." To the extent that a descriptive-explanatory theory used the term "law," it would have to be regarded as a term of art. Its meaning and extension would be determined by the relative explanatory power of accepting one way of categorizing and desc ...
How Law is Like Chess - bepress Legal Repository
... not just conceded that the normativity of law, like that of any other conventional practice, has to be presupposed? When a couple of people sit down to play chess, they just presuppose that the rules of chess are those they are obliged to follow. In playing chess, they presuppose its normativity. An ...
... not just conceded that the normativity of law, like that of any other conventional practice, has to be presupposed? When a couple of people sit down to play chess, they just presuppose that the rules of chess are those they are obliged to follow. In playing chess, they presuppose its normativity. An ...
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 ...
Analogical reasoning in the common law
... studies focus on how people in fact come to conclusions in some area: what things influence their thinking, and what factors play a key role.9 From a psychological perspective fallacies and biases are just as much a part of human reasoning as ‘rational’ constraints, and there is a great deal to be l ...
... studies focus on how people in fact come to conclusions in some area: what things influence their thinking, and what factors play a key role.9 From a psychological perspective fallacies and biases are just as much a part of human reasoning as ‘rational’ constraints, and there is a great deal to be l ...
A Model Theoretic Approach to Legal Theory
... difficult path (like the ballet performer or the gymnast who appears to move with ease). We will not travel a great deal of that path but we will look to see where that path has taken philosophers over the last 50 years or so. In the pages that follow, I will propose a theory or model designed to he ...
... difficult path (like the ballet performer or the gymnast who appears to move with ease). We will not travel a great deal of that path but we will look to see where that path has taken philosophers over the last 50 years or so. In the pages that follow, I will propose a theory or model designed to he ...
Empires and Legal Pluralism
... writings on legal pluralism. The study of jurisdictional politics does not depend on a general definition of “law.” Nor does it require making distinctions between “state” and “nonstate” law. The jurisdictional claims of a wide range of authorities, from a guild or merchant ship captain to a conquis ...
... writings on legal pluralism. The study of jurisdictional politics does not depend on a general definition of “law.” Nor does it require making distinctions between “state” and “nonstate” law. The jurisdictional claims of a wide range of authorities, from a guild or merchant ship captain to a conquis ...
Introduction to Historical Jurisprudence Paul Vinogradoff 1920
... psychology, as the operations of the mind bearing on conduct. Of the connection between history and jurisprudence we shall have to speak on many occasions. It may be sufficient to state now that history cannot be contrasted with the theoretical study of law because it provides one of the essential e ...
... psychology, as the operations of the mind bearing on conduct. Of the connection between history and jurisprudence we shall have to speak on many occasions. It may be sufficient to state now that history cannot be contrasted with the theoretical study of law because it provides one of the essential e ...
LUMSA * International Commercial Law 24 february 2014
... The risk that inconsistent interpretation could frustrate the goal of uniformity in the law is not, however, exclusive to the present structures administering justice under the CISG. All centralized judicial systems are also prone to this danger (although there is ultimately a final appellate level ...
... The risk that inconsistent interpretation could frustrate the goal of uniformity in the law is not, however, exclusive to the present structures administering justice under the CISG. All centralized judicial systems are also prone to this danger (although there is ultimately a final appellate level ...
Continued
... to abide by pacts and to fulfill promises made to other persons; to repay any damage done to another through fault; and to inflict punishment upon men who deserve it. Many of the more detailed and special rules of the law, in his opinion, represented merely necessary derivations from these general p ...
... to abide by pacts and to fulfill promises made to other persons; to repay any damage done to another through fault; and to inflict punishment upon men who deserve it. Many of the more detailed and special rules of the law, in his opinion, represented merely necessary derivations from these general p ...
Law and Morality - The Tanner Lectures on Human Values
... religious worldviews or moral and legal conceptions. These doctrinal achievements are guided by scientific method in a broad sense. They increase the complexity and the specificity of a type of knowledge embodied in teachings. At first glance, it is easy to see how the formal properties of law menti ...
... religious worldviews or moral and legal conceptions. These doctrinal achievements are guided by scientific method in a broad sense. They increase the complexity and the specificity of a type of knowledge embodied in teachings. At first glance, it is easy to see how the formal properties of law menti ...
Athenian Democracy and Legal Change
... that the greatest weakness in a democracy is “the constant change of measures” (Thucydides 1996, 3.37.3).4 Instead, citizens should strive, in accordance with their rejection of expertise, to stick with good laws, which they know to be wiser than intellectuals: “[B]ad laws which are never changed ar ...
... that the greatest weakness in a democracy is “the constant change of measures” (Thucydides 1996, 3.37.3).4 Instead, citizens should strive, in accordance with their rejection of expertise, to stick with good laws, which they know to be wiser than intellectuals: “[B]ad laws which are never changed ar ...
Transforming the law firm`s document workflows
... smart phones and USB drives containing individuals’ personal information. Breaches such as those are, unfortunately, too common among law firms. For example: ––200 laptops were stolen by a former employee of a Palo Alto, California law firm. ––An employee of a Baltimore law firm lost a hard drive co ...
... smart phones and USB drives containing individuals’ personal information. Breaches such as those are, unfortunately, too common among law firms. For example: ––200 laptops were stolen by a former employee of a Palo Alto, California law firm. ––An employee of a Baltimore law firm lost a hard drive co ...
legal ethics is (just) normal ethics
... opponent is immune from moral blame, even though his conduct would be clearly reprehensible if performed in a different setting. Legal practice is regulated by extensive and complex rules and principles, at both statutory and common law levels. Hence, just like boxing, the activities of lawyers shou ...
... opponent is immune from moral blame, even though his conduct would be clearly reprehensible if performed in a different setting. Legal practice is regulated by extensive and complex rules and principles, at both statutory and common law levels. Hence, just like boxing, the activities of lawyers shou ...
Legal Positivism
... rules are entailed by the very idea of private power conferring rules. Thus, on my reading, public power conferring rules are conceptual prerequisites of the very idea of private power conferring rules, and the case for them within the theory need not rely on any view of law’s function. In any case, ...
... rules are entailed by the very idea of private power conferring rules. Thus, on my reading, public power conferring rules are conceptual prerequisites of the very idea of private power conferring rules, and the case for them within the theory need not rely on any view of law’s function. In any case, ...
1 “The Rule of Law in British Colonial Societies in the 19th Century
... rights”, some of which seemed settled, at least in Britain, such as no taxation without representation and the right to petition the Crown, and others that were contested freedom of the press, freedom of association, freedom of assembly, freedom of conscience, and freedom of religion. The rule of la ...
... rights”, some of which seemed settled, at least in Britain, such as no taxation without representation and the right to petition the Crown, and others that were contested freedom of the press, freedom of association, freedom of assembly, freedom of conscience, and freedom of religion. The rule of la ...
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. ...
Tracing the Performance of Law in Indonesia (A Perspective of
... as a means to assist in the changes in society or the law as a tool of social engineering2 that involves changing attitudes and/or behavior patterns of the community in giving meaning to the law. The concept was inspired by the thought of Roscoe Pound. Implementation of the law that emphasizing the ...
... as a means to assist in the changes in society or the law as a tool of social engineering2 that involves changing attitudes and/or behavior patterns of the community in giving meaning to the law. The concept was inspired by the thought of Roscoe Pound. Implementation of the law that emphasizing the ...
Peking University – May 7th, 2013 Aquinas on Natural Law Riccardo
... legal value; while positive law is the law established by human authorities, such as the State. However, natural law and positive law are not considered in opposition by natural law theorists, because, according to their point of view, positive law and natural law are two different levels of one mor ...
... legal value; while positive law is the law established by human authorities, such as the State. However, natural law and positive law are not considered in opposition by natural law theorists, because, according to their point of view, positive law and natural law are two different levels of one mor ...
In employing the term “rights to do wrong,” I mean
... What exactly are lawmakers thinking at such times? How accurate are their assumptions, at these key moments, about the world’s true workings? These questions prompt us to wonder whether social changes of recent decades make it no longer credible to rely upon this tacit tempering of rights-assertion. ...
... What exactly are lawmakers thinking at such times? How accurate are their assumptions, at these key moments, about the world’s true workings? These questions prompt us to wonder whether social changes of recent decades make it no longer credible to rely upon this tacit tempering of rights-assertion. ...
International Law and the UN System
... traditional definitions of international law “as a standard of conduct for states” have been superseded by “a wider, more behaviorally responsive, perspective” that reflects “the expanding complexity of international life and...a growing sophistication about law and legal process.” One of the tradit ...
... traditional definitions of international law “as a standard of conduct for states” have been superseded by “a wider, more behaviorally responsive, perspective” that reflects “the expanding complexity of international life and...a growing sophistication about law and legal process.” One of the tradit ...
Normative Pluralism: an Exploration, by Jan Klabbers and Touko
... humanitarian intervention a careful assessment will have to be made of how heavily such illegality weights against all the circumstances of a particular concrete case, and of the efforts, if any, undertaken by the parties to get "as close to the law" as possible. Such analyses will influence not onl ...
... humanitarian intervention a careful assessment will have to be made of how heavily such illegality weights against all the circumstances of a particular concrete case, and of the efforts, if any, undertaken by the parties to get "as close to the law" as possible. Such analyses will influence not onl ...
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. “ ...
Sociology and Natural Law
... study of public opinion, where it is not mere polling, looks for stable patterns of response and for underlying attitudes and values, without much concern for public opinion as a normative idea. Again, social scientists have been much happier with the word "culture" since they have been able to stri ...
... study of public opinion, where it is not mere polling, looks for stable patterns of response and for underlying attitudes and values, without much concern for public opinion as a normative idea. Again, social scientists have been much happier with the word "culture" since they have been able to stri ...
Legal Environment Today, 5e
... © 2007 by West Legal Studies in Business / A Division of Thomson Learning ...
... © 2007 by West Legal Studies in Business / A Division of Thomson Learning ...