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 ...
hla hart`s lost essay: discretion and the legal process school
... trast, the realists of the early twentieth century had argued that judges and officials in fact exercise tremendous power of choice.8 While realists hoped that this power of choice could be deployed progressively to improve social conditions, they never developed a theory to direct or constrain choi ...
... trast, the realists of the early twentieth century had argued that judges and officials in fact exercise tremendous power of choice.8 While realists hoped that this power of choice could be deployed progressively to improve social conditions, they never developed a theory to direct or constrain choi ...
Quality of Decision-Making in Public Law
... Administrative decisions made by government bodies are a fact of life: members of the public are confronted with them all the time. Whenever a citizen applies for a building permit, a driving licence or benefits, or is faced with an environmental enforcement measure, an administrative decision is in ...
... Administrative decisions made by government bodies are a fact of life: members of the public are confronted with them all the time. Whenever a citizen applies for a building permit, a driving licence or benefits, or is faced with an environmental enforcement measure, an administrative decision is in ...
Legal History and Traditions - Ethiopian Legal Brief
... chose those solutions. Identifying the key issues encountered by past legal systems and the solutions offered thereto is hoped to throw light on the foundations of the Ethiopian legal system since some major legal traditions have a tremendous influence over the same. In so doing, the course conveys ...
... chose those solutions. Identifying the key issues encountered by past legal systems and the solutions offered thereto is hoped to throw light on the foundations of the Ethiopian legal system since some major legal traditions have a tremendous influence over the same. In so doing, the course conveys ...
ABA Report on the Future of Legal Services in the United States
... of insufficient financial resources or a lack of knowledge about when legal problems exist that require resolution through legal representation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 3. The vast number of unrepresented parties in court adversely ...
... of insufficient financial resources or a lack of knowledge about when legal problems exist that require resolution through legal representation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 3. The vast number of unrepresented parties in court adversely ...
Consumer Arbitration in the European Union and the United States
... clause would fall within this definition.3 2 For the most part this would cover standard form contracts, which would probably be the normal modus operandi in consumer transactions.33 Third, the term must be unfair.34 The concept of unfairness is so nebulous that it is further detailed in the regulat ...
... clause would fall within this definition.3 2 For the most part this would cover standard form contracts, which would probably be the normal modus operandi in consumer transactions.33 Third, the term must be unfair.34 The concept of unfairness is so nebulous that it is further detailed in the regulat ...
Abstract book - Publication Server of Goethe University Frankfurt am
... On behalf of myself and my colleagues Professor Dr. Klaus Günther and Professor Dr. Lorenz Schulz, it is my great pleasure to welcome you to the 25th World Congress of the International Association for Philosophy of Law and Social Philosophy (IVR) in Frankfurt am Main. ...
... On behalf of myself and my colleagues Professor Dr. Klaus Günther and Professor Dr. Lorenz Schulz, it is my great pleasure to welcome you to the 25th World Congress of the International Association for Philosophy of Law and Social Philosophy (IVR) in Frankfurt am Main. ...
The Concept of the Rule of Law - MacSphere
... community. In the past, we have seen political agendas articulated in terms of liberalism, capitalism and democracy, most of which have been well received, particularly by Western communities. However, there have been differences of opinion; a variety of political leaders and regimes have supported ...
... community. In the past, we have seen political agendas articulated in terms of liberalism, capitalism and democracy, most of which have been well received, particularly by Western communities. However, there have been differences of opinion; a variety of political leaders and regimes have supported ...
Deceptive Nature of Rules - Penn Law: Legal Scholarship Repository
... simplest examples of the points we want to make. But much of what we say may apply to social, moral, and religious rules as well. ...
... simplest examples of the points we want to make. But much of what we say may apply to social, moral, and religious rules as well. ...
verbatim record of the legal experts meeting on the law of the sea
... former Judge of the International Tribunal for the Law of the Sea (ITLOS), Hon‟ble Mr. H. P. Rajan, Former Deputy Director, Division for Ocean Affairs and the Law of the Sea, United Nations; and Former Member of the Legal and Technical Commission, International Seabed Authority; Excellencies, Distin ...
... former Judge of the International Tribunal for the Law of the Sea (ITLOS), Hon‟ble Mr. H. P. Rajan, Former Deputy Director, Division for Ocean Affairs and the Law of the Sea, United Nations; and Former Member of the Legal and Technical Commission, International Seabed Authority; Excellencies, Distin ...
Order without Law: How Neighbors Settle Disputes
... connect to venerable traditions of the United States. Especially because there has been lamentably little legal scholarship in an anthropological mode, this story is informative (and colorful) in and of itself. l The events reported here are of more than ordinary interest for another reason. One sub ...
... connect to venerable traditions of the United States. Especially because there has been lamentably little legal scholarship in an anthropological mode, this story is informative (and colorful) in and of itself. l The events reported here are of more than ordinary interest for another reason. One sub ...
The Impact of Covert Action on International Law
... legal obligations. But the issue of how secrecy affects international law itself—potentially shaping the substantive content of legal rules and in extremis undermining the vitality of the international legal framework—has been unexamined in legal scholarship. This Article takes up that issue. This A ...
... legal obligations. But the issue of how secrecy affects international law itself—potentially shaping the substantive content of legal rules and in extremis undermining the vitality of the international legal framework—has been unexamined in legal scholarship. This Article takes up that issue. This A ...
"Globalising sovereignty"? Pettit`s neo
... institutions, with examples largely drawn from international economic law, to test the assumptions built into Pettit’s theory. It then considers whether and how some of those assumptions might need to be revised in light of the legal, institutional and practical constraints of the international doma ...
... institutions, with examples largely drawn from international economic law, to test the assumptions built into Pettit’s theory. It then considers whether and how some of those assumptions might need to be revised in light of the legal, institutional and practical constraints of the international doma ...
Vulnerable Youth in Alberta and the Law
... good intentions provide harmful information. Outreach to support workers will also ensure that existing services get utilized by youth. There are many good legal support services available in Alberta but unfortunately they are not sufficient to meet the needs of all of the youth in Alberta. There ar ...
... good intentions provide harmful information. Outreach to support workers will also ensure that existing services get utilized by youth. There are many good legal support services available in Alberta but unfortunately they are not sufficient to meet the needs of all of the youth in Alberta. There ar ...
Richard H. Fallon
... fixed and publicly known in advance of application, so that those applying the law, as much as those to whom it is applied, can be bound by it. If courts (or the officials of any other institution) could make law in the guise of applying it, we would have the very "rule of men" with which the Rule o ...
... fixed and publicly known in advance of application, so that those applying the law, as much as those to whom it is applied, can be bound by it. If courts (or the officials of any other institution) could make law in the guise of applying it, we would have the very "rule of men" with which the Rule o ...
Co-existence of Single Positive Law and Plural Normative Orders:
... As it recognized in western legal theory, there are two types of state law: positive law of nation state (national law) and positive law of nation states (international Law). Each of them represents legal monism. In 1975 I have distinguished legal monism or single positive law and normative pluralis ...
... As it recognized in western legal theory, there are two types of state law: positive law of nation state (national law) and positive law of nation states (international Law). Each of them represents legal monism. In 1975 I have distinguished legal monism or single positive law and normative pluralis ...
Legitimate Legal Argument and Internally
... made in support of the claims in question by both the claimants and those who evaluated their claims, (C) the conclusions that were reached about the claims in question, (D) how close the cases in question were perceived to be, and (E) how certain people were about the proper resolution of the claim ...
... made in support of the claims in question by both the claimants and those who evaluated their claims, (C) the conclusions that were reached about the claims in question, (D) how close the cases in question were perceived to be, and (E) how certain people were about the proper resolution of the claim ...
PDF format
... There is no longer, if ever there was, any kudos to be had by challenging the distinction between jus ad bellum and jus in bello. The contours of the arguments have been ably explored. Humanitarian law of armed conflict – jus in bello – imposes considerable duties and restrictions regarding the mann ...
... There is no longer, if ever there was, any kudos to be had by challenging the distinction between jus ad bellum and jus in bello. The contours of the arguments have been ably explored. Humanitarian law of armed conflict – jus in bello – imposes considerable duties and restrictions regarding the mann ...
The Rational and the Reasonable: Social Choice Theory and
... transactions conventionally studied by rational social choice theorists. Yet this may overstate the institutional contrast. For consider the nature of the reasons that are provided in support of a decision in judicial law making. Typically what matters most in legal reasoning is the relation of simi ...
... transactions conventionally studied by rational social choice theorists. Yet this may overstate the institutional contrast. For consider the nature of the reasons that are provided in support of a decision in judicial law making. Typically what matters most in legal reasoning is the relation of simi ...
Modern Lessons from Pirates, Lepers, Eskimos, and Survivors
... system created a situation in which such social accommodations are feasible. While the Shasta County ranchers and farmers may regularly use their own social arrangements in place of the legal system for some things, they still call the police when needed to protect the social order that makes such a ...
... system created a situation in which such social accommodations are feasible. While the Shasta County ranchers and farmers may regularly use their own social arrangements in place of the legal system for some things, they still call the police when needed to protect the social order that makes such a ...
Big Questions Comparative Law
... that prescription, thereby emphasizing the role played by ideology and rhetoric.7 The critical approach to comparative law relies on comparison to expose the implicit biases and assumptions of the observer’s own system and to denounce the illusory and ideological nature of “legalism,” namely, the cl ...
... that prescription, thereby emphasizing the role played by ideology and rhetoric.7 The critical approach to comparative law relies on comparison to expose the implicit biases and assumptions of the observer’s own system and to denounce the illusory and ideological nature of “legalism,” namely, the cl ...
United Nations Principles and Guidelines on Access to Legal Aid in
... capacity to provide legal aid for suspects, those charged with a criminal offence, prisoners, victims and witnesses. 6. The United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems, which are drawn from international standards and recognized good practices, aim t ...
... capacity to provide legal aid for suspects, those charged with a criminal offence, prisoners, victims and witnesses. 6. The United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems, which are drawn from international standards and recognized good practices, aim t ...
THE CONCEPT OF LAW Prof. Dr. and
... would become the supreme law in such a society.1 It is extremely unlikely, however, that the complete elimination of the state or other form of governmental constraint would bring about an undisturbed, harmonious association between men. Even if we assume that the majority of men are by nature soci ...
... would become the supreme law in such a society.1 It is extremely unlikely, however, that the complete elimination of the state or other form of governmental constraint would bring about an undisturbed, harmonious association between men. Even if we assume that the majority of men are by nature soci ...
THE CONCEPT OF LAW Prof. Dr. and
... would become the supreme law in such a society.1 It is extremely unlikely, however, that the complete elimination of the state or other form of governmental constraint would bring about an undisturbed, harmonious association between men. Even if we assume that the majority of men are by nature soci ...
... would become the supreme law in such a society.1 It is extremely unlikely, however, that the complete elimination of the state or other form of governmental constraint would bring about an undisturbed, harmonious association between men. Even if we assume that the majority of men are by nature soci ...
Legal Gazette
... SHAPE-Belgium Agreement (SBA), and the lower level agreements and practices developed over the years. Moreover, NAC decisions taken by the NATO nations’ plenipotentiaries (PERMREPS), or met in ministerial sessions or in heads of states and prime ministers summits confirm the State practice. SHAPE’s ...
... SHAPE-Belgium Agreement (SBA), and the lower level agreements and practices developed over the years. Moreover, NAC decisions taken by the NATO nations’ plenipotentiaries (PERMREPS), or met in ministerial sessions or in heads of states and prime ministers summits confirm the State practice. SHAPE’s ...