The of Power in Paradise: Political
... expands considerably) and the reader meeting Santos for the first time.4 Because of the various linkings of argument within the book itself, I do not organize my discussion along a strict chapter chronology but along themes and perspectives that highlight Santos’s innovative insights and some of his ...
... expands considerably) and the reader meeting Santos for the first time.4 Because of the various linkings of argument within the book itself, I do not organize my discussion along a strict chapter chronology but along themes and perspectives that highlight Santos’s innovative insights and some of his ...
How Law is Like Chess - bepress Legal Repository
... There is a widespread view amongst legal philosophers, particularly in the legal positivist tradition, that there are certain norms that determine what counts as law in any given legal system. There is also a famous disagreement, though probably largely forgotten these days, about what kind of norms ...
... There is a widespread view amongst legal philosophers, particularly in the legal positivist tradition, that there are certain norms that determine what counts as law in any given legal system. There is also a famous disagreement, though probably largely forgotten these days, about what kind of norms ...
Lobbying and Litigating Against "Legal Bootleggers"
... the organized bar's interest in the unauthorized practice of law in the 1930s.'1 Much of the bar's rhetoric, however, was focused on improving the integrity of the bar and protecting the public from unqualified practitioners. 16 The purportedly injured public, however, frequently perceived the attem ...
... the organized bar's interest in the unauthorized practice of law in the 1930s.'1 Much of the bar's rhetoric, however, was focused on improving the integrity of the bar and protecting the public from unqualified practitioners. 16 The purportedly injured public, however, frequently perceived the attem ...
Legal Gazette
... A regime is the set of governing rules under which an entity operates. SHAPE operates under the “NATO SOFA family,” i.e., the 1951 NATO SOFA on the status of forces, the 1952 Paris Protocol on international military headquarters, the 1967 SHAPE-Belgium Agreement (SBA), and the lower level agreements ...
... A regime is the set of governing rules under which an entity operates. SHAPE operates under the “NATO SOFA family,” i.e., the 1951 NATO SOFA on the status of forces, the 1952 Paris Protocol on international military headquarters, the 1967 SHAPE-Belgium Agreement (SBA), and the lower level agreements ...
Introduction to Historical Jurisprudence Paul Vinogradoff 1920
... would be connected with the time of the original offence which caused death, and this is the putting him into water, and this was done in his lifetime, and this was a felony... Thus Sir James Hales being alive caused the death of Sir James Hales, and the act of the live man effected the death of th ...
... would be connected with the time of the original offence which caused death, and this is the putting him into water, and this was done in his lifetime, and this was a felony... Thus Sir James Hales being alive caused the death of Sir James Hales, and the act of the live man effected the death of th ...
A Model Theoretic Approach to Legal Theory
... are far-fetched and unpersuasive. Many, however, are persuasive and will seem true to the student who reads them. With this in mind, can it be that only one of these 30 judgments is true? One might hope or expect that the latter judgments will have improved on those written in 1949; however it is in ...
... are far-fetched and unpersuasive. Many, however, are persuasive and will seem true to the student who reads them. With this in mind, can it be that only one of these 30 judgments is true? One might hope or expect that the latter judgments will have improved on those written in 1949; however it is in ...
Continued
... In all societies, it is found already established like their language, manners and political organisation. These all are stamped with a national character. They are the natural manifestations of popular life and by no means product of man's free will. Law, language, customs and government have no se ...
... In all societies, it is found already established like their language, manners and political organisation. These all are stamped with a national character. They are the natural manifestations of popular life and by no means product of man's free will. Law, language, customs and government have no se ...
RTF version - Federal Court of Australia
... This law was not the law of any one nation in particular. Rather it developed separately to, and independently of, national laws. As Justice Jackson stated in Lauritzen v Larsen, maritime law had “the force of law, not from extra-territorial reach of national laws, nor from abdication of its soverei ...
... This law was not the law of any one nation in particular. Rather it developed separately to, and independently of, national laws. As Justice Jackson stated in Lauritzen v Larsen, maritime law had “the force of law, not from extra-territorial reach of national laws, nor from abdication of its soverei ...
Athenian Democracy and Legal Change
... Council was independent with respect to its decisionmaking process (although the strategoi served as advisors, notably at the time of the Peloponnesian War). The Assembly met at various points during the period of a given prytany, although the precise number of meetings is controversial (Rhodes and ...
... Council was independent with respect to its decisionmaking process (although the strategoi served as advisors, notably at the time of the Peloponnesian War). The Assembly met at various points during the period of a given prytany, although the precise number of meetings is controversial (Rhodes and ...
Law and Morality - The Tanner Lectures on Human Values
... claim to legitimacy under one tacit presupposition: contextdependent legal changes and developments should be justifiable in the light of acceptable principles. Precisely the doctrinal achievements of legal experts have made us aware of the post-traditional mode of validity of modern law. In positiv ...
... claim to legitimacy under one tacit presupposition: contextdependent legal changes and developments should be justifiable in the light of acceptable principles. Precisely the doctrinal achievements of legal experts have made us aware of the post-traditional mode of validity of modern law. In positiv ...
Legal Positivism
... Discretion Thesis, but the other basic tenets of positivism as well – such is the nature of the relations among them. Here is how the remainder of the edifice crumbles. If the moral principles to which judges appeal in hard cases are even sometimes law, then it cannot be true that all laws are rules ...
... Discretion Thesis, but the other basic tenets of positivism as well – such is the nature of the relations among them. Here is how the remainder of the edifice crumbles. If the moral principles to which judges appeal in hard cases are even sometimes law, then it cannot be true that all laws are rules ...
Legal Barriers to Innovation
... emphasizes restrictions on the exercise of choice by consumers, particularly individual as opposed to organizational clients, and in particular the limited access to legal services that self-interested bar restrictions on supply impose. Because those who teach and study the legal profession often do ...
... emphasizes restrictions on the exercise of choice by consumers, particularly individual as opposed to organizational clients, and in particular the limited access to legal services that self-interested bar restrictions on supply impose. Because those who teach and study the legal profession often do ...
NFU Trainee Solicitor Scheme
... scheme. In addition to this, you will have the benefit of day to day support and guidance from other qualified Solicitors within the Legal Affairs Team who may require you to carry out assignments, or work on projects with them. ...
... scheme. In addition to this, you will have the benefit of day to day support and guidance from other qualified Solicitors within the Legal Affairs Team who may require you to carry out assignments, or work on projects with them. ...
Analogical reasoning in the common law
... the other hand, is concerned with understanding what constitute good canons of reasoning in a particular branch of human endeavour, ie how reasoning is supposed to be carried out when it is done well. Of course, the psychological and normative approaches complement each other and are, to a degree, m ...
... the other hand, is concerned with understanding what constitute good canons of reasoning in a particular branch of human endeavour, ie how reasoning is supposed to be carried out when it is done well. Of course, the psychological and normative approaches complement each other and are, to a degree, m ...
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. ...
Constitutional Dialogue and the Justification of Judicial Review
... every case, is whether judicial intervention is properly consistent with legislative intent, having regard to the legislative purpose and whatever qualiWcations of that general purpose can reasonably be implied (or perhaps, in certain instances, imposed).22 Moreover, the concession that it ‘is alway ...
... every case, is whether judicial intervention is properly consistent with legislative intent, having regard to the legislative purpose and whatever qualiWcations of that general purpose can reasonably be implied (or perhaps, in certain instances, imposed).22 Moreover, the concession that it ‘is alway ...
1 “The Rule of Law in British Colonial Societies in the 19th Century
... criteria for resisting corruption and arbitrariness, and effective mechanisms for the redress of grievances. These ideological tensions were in time to be replicated in the debates between Loyalists and Patriots in the American colonies both before and during the War of Independence. Distance, perio ...
... criteria for resisting corruption and arbitrariness, and effective mechanisms for the redress of grievances. These ideological tensions were in time to be replicated in the debates between Loyalists and Patriots in the American colonies both before and during the War of Independence. Distance, perio ...
Tracing the Performance of Law in Indonesia (A Perspective of
... should be done in accordance with the norms set out in positive law, while justice refers to positive norms that are considered fair by the public. Usually the values are represented as pairs, but sometimes at odds (spanning) between their respective legal value. The main focus of this conflict lies ...
... should be done in accordance with the norms set out in positive law, while justice refers to positive norms that are considered fair by the public. Usually the values are represented as pairs, but sometimes at odds (spanning) between their respective legal value. The main focus of this conflict lies ...
Transforming the law firm`s document workflows
... Nuance Legal Solutions help firms maximize their recovery of copy, print and scan costs by capturing all document activity; accurately allocating all output to the correct client matters; and effortlessly administering a firm’s pricing policy, no matter how complex. Nuance centralizes a firm’s print ...
... Nuance Legal Solutions help firms maximize their recovery of copy, print and scan costs by capturing all document activity; accurately allocating all output to the correct client matters; and effortlessly administering a firm’s pricing policy, no matter how complex. Nuance centralizes a firm’s print ...
WHAT LAWYERS CAN DO ABOUT CLIMATE CHANGE A4ID/KCL
... legal concepts from other jurisdictions. However, it was recognised that any such innovations need to be accommodated within existing legal frameworks and cultures and there is a fundamental need to maintain a stable and predictable legal order within legal systems. Other participants emphasised tha ...
... legal concepts from other jurisdictions. However, it was recognised that any such innovations need to be accommodated within existing legal frameworks and cultures and there is a fundamental need to maintain a stable and predictable legal order within legal systems. Other participants emphasised tha ...
legal ethics is (just) normal ethics
... contained’ activity. That is, it is already governed by relatively settled and clear principles and standards. Moral rules appear to apply most acutely to conduct between private individuals, which is largely unregulated by other norms. Thus, it is morally reprehensible to lie, break promises or che ...
... contained’ activity. That is, it is already governed by relatively settled and clear principles and standards. Moral rules appear to apply most acutely to conduct between private individuals, which is largely unregulated by other norms. Thus, it is morally reprehensible to lie, break promises or che ...
In employing the term “rights to do wrong,” I mean
... influence real-life activity. Our expectations about its likely real-life influence often rest on little evidence, moreover, and so regularly prove to be unfounded. Though accurate predictions of law’s effect are sometimes easy enough, at times it’s a shot in the dark. A serious challenge for the la ...
... influence real-life activity. Our expectations about its likely real-life influence often rest on little evidence, moreover, and so regularly prove to be unfounded. Though accurate predictions of law’s effect are sometimes easy enough, at times it’s a shot in the dark. A serious challenge for the la ...
Normative Pluralism: an Exploration, by Jan Klabbers and Touko
... If Kosovo may have been the most dramatic example of invoking a norm from a different normative order so as to justify possibly illegal behavior, and the example closest to the hearts and minds of international lawyers, the newspapers regularly report other examples of what can be referred to as "no ...
... If Kosovo may have been the most dramatic example of invoking a norm from a different normative order so as to justify possibly illegal behavior, and the example closest to the hearts and minds of international lawyers, the newspapers regularly report other examples of what can be referred to as "no ...
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 ...
Law as Rights - TRU SLS Home Page
... Fuller criticizes HLA Hart. He says – what is this psychological purchase/buy in, if not morality? Hart is just trying to avid using the word morality, but is really the same thing he is saying. An “ought” claim is that people follow laws because they think they are good. It would be a good thing, g ...
... Fuller criticizes HLA Hart. He says – what is this psychological purchase/buy in, if not morality? Hart is just trying to avid using the word morality, but is really the same thing he is saying. An “ought” claim is that people follow laws because they think they are good. It would be a good thing, g ...