Transnational Legality: Stateless Law and International Arbitration
... the idea of arbitration and the idea of law without the state. It is the debate that matters, and that it be informed. The debate on the legality of non-state normative systems is much less an innocent pastime for legal scholars, philosophers, and sociologists than most people assume. Attempts to de ...
... the idea of arbitration and the idea of law without the state. It is the debate that matters, and that it be informed. The debate on the legality of non-state normative systems is much less an innocent pastime for legal scholars, philosophers, and sociologists than most people assume. Attempts to de ...
1.04 Understand legal and ethical issues of the healthcare
... Choice of providers Access to emergency services Participation in treatment decisions Respect and nondiscrimination Confidentiality of health information Complaints and appeals 1.04 Understand legal and ethical issues ...
... Choice of providers Access to emergency services Participation in treatment decisions Respect and nondiscrimination Confidentiality of health information Complaints and appeals 1.04 Understand legal and ethical issues ...
The of Power in Paradise: Political
... plurality of forms of law that far from being infinite and chaotic are “structured and relational” (pp. 403-4). Moreover, this plurality does not necessarily undermine the centrality of the state, but in certain instances, “confirms and relativitizes it at the same time by integrating these hegemoni ...
... plurality of forms of law that far from being infinite and chaotic are “structured and relational” (pp. 403-4). Moreover, this plurality does not necessarily undermine the centrality of the state, but in certain instances, “confirms and relativitizes it at the same time by integrating these hegemoni ...
Legal Origins and Modern Stock Markets
... markets and advance economically. And they conversely need to avoid those tools that do not work well — like too much rule-based regulation. In other words, the original creation of legal systems centuries ago created legal and decisionmaking structures that continue today to facilitate or impede ma ...
... markets and advance economically. And they conversely need to avoid those tools that do not work well — like too much rule-based regulation. In other words, the original creation of legal systems centuries ago created legal and decisionmaking structures that continue today to facilitate or impede ma ...
Legal Barriers to Innovation
... Most of these critiques focus on one of two costs of failed self-regulation. The first predominates (perhaps because corporate scandals are one of the few topics in the professionalism literature that can generate headlines) and concerns the loss that comes from failure of independent advice and eth ...
... Most of these critiques focus on one of two costs of failed self-regulation. The first predominates (perhaps because corporate scandals are one of the few topics in the professionalism literature that can generate headlines) and concerns the loss that comes from failure of independent advice and eth ...
NBER WORKING PAPER SERIES ECONOMIC ANALYSIS OF WELFARE ECONOMICS, MORALITY AND THE LAW
... as each person’s utility (U1, U2, etc.) increases. It should be noticed that social welfare, W(x), is influenced by x only insofar as x affects the utilities of individuals; it is solely the utilities of individuals that determine social welfare. It should also be observed that the mathematical form ...
... as each person’s utility (U1, U2, etc.) increases. It should be noticed that social welfare, W(x), is influenced by x only insofar as x affects the utilities of individuals; it is solely the utilities of individuals that determine social welfare. It should also be observed that the mathematical form ...
The Impossibility of an Exterminatory Legality: Law and the Holocaust†
... this essay that by relying on their subjects’ capacity for rationality and selfdirected agency in order to give effect to the policy goals of their laws, the Nazis necessarily recognized and relied upon the essential humanity of the Jewish legal subject even while their purpose was to secure the deh ...
... this essay that by relying on their subjects’ capacity for rationality and selfdirected agency in order to give effect to the policy goals of their laws, the Nazis necessarily recognized and relied upon the essential humanity of the Jewish legal subject even while their purpose was to secure the deh ...
Taking Legal Argument Seriously: An Introduction
... of these same professors seem to have concluded that there is no internally-right answer to any legal-rights question whose answer is 2. At least three other senses of "taking the general category 'legal argument' seriously" are worth noting. First, an individual may appropriately be said to be taki ...
... of these same professors seem to have concluded that there is no internally-right answer to any legal-rights question whose answer is 2. At least three other senses of "taking the general category 'legal argument' seriously" are worth noting. First, an individual may appropriately be said to be taki ...
Hart`s Methodological Positivism - Penn Law: Legal Scholarship
... and to what domain of actual or possible practices does it apply? There seem to be two main possibilities concerning how we could come to know which (actual or possible) social practices are instances of law. The first supposes that what does and does not count as law is determined by applying the s ...
... and to what domain of actual or possible practices does it apply? There seem to be two main possibilities concerning how we could come to know which (actual or possible) social practices are instances of law. The first supposes that what does and does not count as law is determined by applying the s ...
A Terrible Purity: International Law, Morality, Religion, Exclusion
... is not new, although the critiques have proliferated as of late. 2 ' The reasons are rife, ranging from the preponderance of power politics to the deficiency of enforcement mechanisms. 22 But in the story told by Dillon and Brooks, one glimpses something of a paradox: the exclusion of those very nar ...
... is not new, although the critiques have proliferated as of late. 2 ' The reasons are rife, ranging from the preponderance of power politics to the deficiency of enforcement mechanisms. 22 But in the story told by Dillon and Brooks, one glimpses something of a paradox: the exclusion of those very nar ...
A Model Theoretic Approach to Legal Theory
... come earlier or later on some view of the history of ideas or because they are the schools or traditions that generate the most amount of, or most interesting types of, debates. Of course, there is often a good deal of overlap between these two ways of organizing a jurisprudence text. Within the giv ...
... come earlier or later on some view of the history of ideas or because they are the schools or traditions that generate the most amount of, or most interesting types of, debates. Of course, there is often a good deal of overlap between these two ways of organizing a jurisprudence text. Within the giv ...
The Two Enterprises of Law and Economics
... enterprise, but many struggle with its quantitative methodology, which differs from law’s humanistic traditions. After the cause enterprise, the second enterprise of law and economics is the content enterprise. It asks, “What is the law of x?” The content enterprise explains what the law requires pe ...
... enterprise, but many struggle with its quantitative methodology, which differs from law’s humanistic traditions. After the cause enterprise, the second enterprise of law and economics is the content enterprise. It asks, “What is the law of x?” The content enterprise explains what the law requires pe ...
Three Approaches to Law and Culture
... The legal field has not ignored this appropriation. Legal scholarship contains at least twelve approaches that connect the concepts of law and culture. But as I will argue in this Essay, some of these approaches date back to the first half of the nineteenth century and others to the first half of th ...
... The legal field has not ignored this appropriation. Legal scholarship contains at least twelve approaches that connect the concepts of law and culture. But as I will argue in this Essay, some of these approaches date back to the first half of the nineteenth century and others to the first half of th ...
WHO`S AFRAID OF LEGAL PLURALISM?1
... own conceptual approach.2 Like many anthropologists and, I would assume, many legal historians and comparative legal scholars, I am concerned with concepts that are useful for looking at similarity and difference in cross-societal and diachronic comparison. My concern is to work with a concept that ...
... own conceptual approach.2 Like many anthropologists and, I would assume, many legal historians and comparative legal scholars, I am concerned with concepts that are useful for looking at similarity and difference in cross-societal and diachronic comparison. My concern is to work with a concept that ...
essay three approaches to law and culture
... The legal field has not ignored this appropriation. Legal scholarship contains at least twelve approaches that connect the concepts of law and culture. But as I will argue in this Essay, some of these approaches date back to the first half of the nineteenth century and others to the first half of th ...
... The legal field has not ignored this appropriation. Legal scholarship contains at least twelve approaches that connect the concepts of law and culture. But as I will argue in this Essay, some of these approaches date back to the first half of the nineteenth century and others to the first half of th ...
Analogical reasoning in the common law
... use of cases as the source of analogies. Statutes are sometimes also used as a source of analogy, but their use is more limited and complex that the use of cases, and there is much more variation within the Common Law tradition over their use.6 ...
... use of cases as the source of analogies. Statutes are sometimes also used as a source of analogy, but their use is more limited and complex that the use of cases, and there is much more variation within the Common Law tradition over their use.6 ...
William Blackstone - Westmont College
... be some enforceable rules to protect people and property. There is also a contingent connection between morality and law based on the broad conception of morality, in that it is possible for a legal system to meet the minimum natural conditions of trying to protect people and property and still be i ...
... be some enforceable rules to protect people and property. There is also a contingent connection between morality and law based on the broad conception of morality, in that it is possible for a legal system to meet the minimum natural conditions of trying to protect people and property and still be i ...
Democratic Theory and the Problem of Rights
... military policy. Once the legitimating impact of legal forms is given substantial weight and the possibility is raised that power relations may be changed by means of levers internal to the legal order, the relevance of what jurists do when they engage in the contest to establish law appears much mo ...
... military policy. Once the legitimating impact of legal forms is given substantial weight and the possibility is raised that power relations may be changed by means of levers internal to the legal order, the relevance of what jurists do when they engage in the contest to establish law appears much mo ...
Introduction to Historical Jurisprudence Paul Vinogradoff 1920
... in the midst of the complicated problems of legal theory treated from various points of view. It seems to me, therefore, that it can be published as a separate book, and I should like to express my gratitude to the Delegates of the Oxford University Press for presenting it to the public in this for ...
... in the midst of the complicated problems of legal theory treated from various points of view. It seems to me, therefore, that it can be published as a separate book, and I should like to express my gratitude to the Delegates of the Oxford University Press for presenting it to the public in this for ...
Faculty Research Working Papers Series
... The views expressed in the KSG Faculty Research Working Paper Series are those of the author(s) and do not necessarily reflect those of the John F. Kennedy School of Government or Harvard University. Copyright belongs to the author(s). Papers may be downloaded for personal use only. ...
... The views expressed in the KSG Faculty Research Working Paper Series are those of the author(s) and do not necessarily reflect those of the John F. Kennedy School of Government or Harvard University. Copyright belongs to the author(s). Papers may be downloaded for personal use only. ...
On the Rule of Law .
... Many accounts of the rule of law identify its origins in classical Greek thought, quoting passages from Plato and Aristotle. Though this is not incorrect, a caveat must be kept in mind. For half of a millennium, known as the Dark Ages, Greek thought was almost entirely lost to the West, until redisc ...
... Many accounts of the rule of law identify its origins in classical Greek thought, quoting passages from Plato and Aristotle. Though this is not incorrect, a caveat must be kept in mind. For half of a millennium, known as the Dark Ages, Greek thought was almost entirely lost to the West, until redisc ...
Books Reviewed - NDLScholarship
... tion of human history. 3 (p. 3) Popper correctly insists that the various attempts to imitate in the domain of the theoretical social sciences the methods applicable to the physical sciences have on the whole met with failure. Hence arose a violent dispute as to whether the methods of the physical s ...
... tion of human history. 3 (p. 3) Popper correctly insists that the various attempts to imitate in the domain of the theoretical social sciences the methods applicable to the physical sciences have on the whole met with failure. Hence arose a violent dispute as to whether the methods of the physical s ...
David Schiff and Richard Nobles (eds.), Jurisprudence, Butterworth
... entities. The outcome of their developing complex relationships with each other is a complex being. But this is not a mechanical relationship, with one cell being the input to another cell. Each cell is a separate entity which reproduces itself from itself: from its own DNA and its own cell wall. Un ...
... entities. The outcome of their developing complex relationships with each other is a complex being. But this is not a mechanical relationship, with one cell being the input to another cell. Each cell is a separate entity which reproduces itself from itself: from its own DNA and its own cell wall. Un ...
CENTER FOR SOClAL JUSTlCE AND PUBLlC
... social justice faculty teach with passion and engagement, this report emphasizes how faculty and administration provide academic leadership to the Center through scholarship and dedication to public service. The following summaries illustrate the many contributions made by law school faculty and adm ...
... social justice faculty teach with passion and engagement, this report emphasizes how faculty and administration provide academic leadership to the Center through scholarship and dedication to public service. The following summaries illustrate the many contributions made by law school faculty and adm ...