The Two Enterprises of Law and Economics
... The larger contribution of economics to legal interpretation is the incentive model, not the efficiency principle. In hard cases, interpretation requires assessing alternative interpretations of a law against the fulfillment of its purposes. Incentives have a central role in predicting an interpreta ...
... The larger contribution of economics to legal interpretation is the incentive model, not the efficiency principle. In hard cases, interpretation requires assessing alternative interpretations of a law against the fulfillment of its purposes. Incentives have a central role in predicting an interpreta ...
Law and Morality - The Tanner Lectures on Human Values
... at least in principle, lost their sheer customary validity. Therefore, individual legal provisions must be justified as elements of a legal system which, as a whole, is viewed as reasonable in the light of principles. These principles can come into conflict with one another and be exposed to discurs ...
... at least in principle, lost their sheer customary validity. Therefore, individual legal provisions must be justified as elements of a legal system which, as a whole, is viewed as reasonable in the light of principles. These principles can come into conflict with one another and be exposed to discurs ...
The praetor as a promoter of bonum commune
... claims; therefore, in Rome, there was nothing similar to subjective law, in its modern sense, especially since the ancient Roman jurists, who referred to extreme subjective situations such as status (libertatis) for freedom and condicio (servilis) for slavery, lacked a uniform concept of subject of ...
... claims; therefore, in Rome, there was nothing similar to subjective law, in its modern sense, especially since the ancient Roman jurists, who referred to extreme subjective situations such as status (libertatis) for freedom and condicio (servilis) for slavery, lacked a uniform concept of subject of ...
The Roman Contribution to the Common Law
... begin with the Roman occupation of the British Isles. It is not the burden of this article to extol the virtues of the Roman legal system, or its judicial precepts and institutions. This has already been done by skilled hands. Nevertheless, since the Roman legal system had "undoubtedly wider histori ...
... begin with the Roman occupation of the British Isles. It is not the burden of this article to extol the virtues of the Roman legal system, or its judicial precepts and institutions. This has already been done by skilled hands. Nevertheless, since the Roman legal system had "undoubtedly wider histori ...
Continued
... classical philosophy of law, juris naturalis scientia, have already received important confirmations in the positive juridical orders, and will receive others soon or in the course of time, whatever may be the resistance and the oppositions which they still encounter. ...
... classical philosophy of law, juris naturalis scientia, have already received important confirmations in the positive juridical orders, and will receive others soon or in the course of time, whatever may be the resistance and the oppositions which they still encounter. ...
Cicero`s Beloved Republic: The Insufficiency Of
... rhetorical humanism and his ideal of the stable republic as set forth in his writings on rhetoric, politics, and law. In these writings, Cicero set forth the tenets of a rhetorical method for protecting and preserving the republic and the laws which serve it." Cicero was not an author of technical l ...
... rhetorical humanism and his ideal of the stable republic as set forth in his writings on rhetoric, politics, and law. In these writings, Cicero set forth the tenets of a rhetorical method for protecting and preserving the republic and the laws which serve it." Cicero was not an author of technical l ...
Law Reform in the Ancient World: Did the Emperor Augustus
... and enforcement of morals legislation?Or did he have larger,if unexpressed,concerns,such as rearranging the relationship of elite families with the State? By broadening our inquiry in this way,it is hoped that light can be shed on the process of law reform more generally.Yes,it is good to conduct a ...
... and enforcement of morals legislation?Or did he have larger,if unexpressed,concerns,such as rearranging the relationship of elite families with the State? By broadening our inquiry in this way,it is hoped that light can be shed on the process of law reform more generally.Yes,it is good to conduct a ...
LUMSA * International Commercial Law 24 february 2014
... In order to avoid divergent interpretations of the CISG some commentators had hoped for the establishment of an international court with jurisdiction over disputes arising under the CISG. The main advantage of such a development would probably be the uniformity that a centralized judicial system can ...
... In order to avoid divergent interpretations of the CISG some commentators had hoped for the establishment of an international court with jurisdiction over disputes arising under the CISG. The main advantage of such a development would probably be the uniformity that a centralized judicial system can ...
_15_natural law theory - lumina
... that the existing laws serve class interest and are artificial constructions. Only what is naturally moral and naturally right can be properly called moral and right. Next came the idea of the natural-law as freedom and equality of all human beings and, as a consequence, the idea of the rights of ma ...
... that the existing laws serve class interest and are artificial constructions. Only what is naturally moral and naturally right can be properly called moral and right. Next came the idea of the natural-law as freedom and equality of all human beings and, as a consequence, the idea of the rights of ma ...
Trends in Theories About Law - Yale Law School Legal Scholarship
... of the great Roman jurisconsults could, as a careful scholar has demonstrated, be most earthy.5 Similarly, during the long centuries of Europe's emergence many of the best minds in various religious traditions were preoccupied with the great intellectual task of reconciling the early Greek notions o ...
... of the great Roman jurisconsults could, as a careful scholar has demonstrated, be most earthy.5 Similarly, during the long centuries of Europe's emergence many of the best minds in various religious traditions were preoccupied with the great intellectual task of reconciling the early Greek notions o ...
Spurius Maelius: Dictatorship and the Homo Sacer
... question of the governmental forms structuring violence against and between citizens, or citizen violence against the state. Furthermore, ancient historians saw the seeds of civil war in sedition.iv Stories of thwarted sedition are as exemplary for state violence at Rome as those where it erupted. T ...
... question of the governmental forms structuring violence against and between citizens, or citizen violence against the state. Furthermore, ancient historians saw the seeds of civil war in sedition.iv Stories of thwarted sedition are as exemplary for state violence at Rome as those where it erupted. T ...
Legal Positivism
... None of these objections have proven persuasive. Nevertheless, they are the most valuable contributions to the development of legal positivism since Hart. The attention Dworkin has lavished on Hart’s work – albeit largely critical – has been hugely important in contemporary thought generally, and le ...
... None of these objections have proven persuasive. Nevertheless, they are the most valuable contributions to the development of legal positivism since Hart. The attention Dworkin has lavished on Hart’s work – albeit largely critical – has been hugely important in contemporary thought generally, and le ...
lon l. fuller - Libertarian Alliance
... fact I am seeking to remedy in the present Paper. However, this should not be taken as my final word on the subject; rather, it represents my first tentative examination of the richness and vitality of Fuller’s thought. I hope that such inadequacies as may be found will serve to promote discussion a ...
... fact I am seeking to remedy in the present Paper. However, this should not be taken as my final word on the subject; rather, it represents my first tentative examination of the richness and vitality of Fuller’s thought. I hope that such inadequacies as may be found will serve to promote discussion a ...
On the Rule of Law .
... easy to modify by the popular courts and legislative assemblies. 6 The role of these courts and assemblies was to respect the law and act as guardians of the law, not to declare the law as they pleased. Seen as the reflection of a transcendent order that stands behind the lived community, law enjoye ...
... easy to modify by the popular courts and legislative assemblies. 6 The role of these courts and assemblies was to respect the law and act as guardians of the law, not to declare the law as they pleased. Seen as the reflection of a transcendent order that stands behind the lived community, law enjoye ...
Copyright (c) 2003 Syracuse Law Review
... their practice. n30 According to this version of the republican thesis, these lawyers would use their new position to help the corporations extract themselves from the strictures of "classical legal science." n31 The result was that corporate lawyers emerged at the vanguard of the progressive legal ...
... their practice. n30 According to this version of the republican thesis, these lawyers would use their new position to help the corporations extract themselves from the strictures of "classical legal science." n31 The result was that corporate lawyers emerged at the vanguard of the progressive legal ...
1 “The Rule of Law in British Colonial Societies in the 19th Century
... 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, periods of imperial disinterest, and the growth of a strong North American sense of political community had produc ...
... 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, periods of imperial disinterest, and the growth of a strong North American sense of political community had produc ...
why legal history matters
... varied audience of academics, judges, and practitioners. I will be speaking principally as an academic, but not always with the same audience in mind. I teach law in a law school, and am convinced that history is a vital part of legal education. We are trying to teach law students not only analytica ...
... varied audience of academics, judges, and practitioners. I will be speaking principally as an academic, but not always with the same audience in mind. I teach law in a law school, and am convinced that history is a vital part of legal education. We are trying to teach law students not only analytica ...
Law and Finance “at the Origin” Ulrike Malmendier*
... Historical evidence about the publicans and their companies stretches from the beginnings of the Republic into the Empire. The height of their activities falls into the last two centuries BC. I provide a brief overview of the economic and legal development at the time. Table 1 provides a chronologic ...
... Historical evidence about the publicans and their companies stretches from the beginnings of the Republic into the Empire. The height of their activities falls into the last two centuries BC. I provide a brief overview of the economic and legal development at the time. Table 1 provides a chronologic ...
Law and Finance “at the Origin” Ulrike Malmendier*
... correlated with financial and economic development. We also show that ‘the law as practiced’ reflects prevalent political interests. In addition, the historical evolution of the Roman societas publicanorum allows us to better understand the political and economic preconditions for the development of ...
... correlated with financial and economic development. We also show that ‘the law as practiced’ reflects prevalent political interests. In addition, the historical evolution of the Roman societas publicanorum allows us to better understand the political and economic preconditions for the development of ...
Niccolò Machiavelli on Power
... Elector seems prepared to deviate from the narrow path of enforcing the law. He thereby gives the Prinz a chance not only to win a battle but to become a hero. In the end, the hero will be pardoned. It is widely agreed today that the Prinz von Homburg story is fiction. It was King Frederick II of Pr ...
... Elector seems prepared to deviate from the narrow path of enforcing the law. He thereby gives the Prinz a chance not only to win a battle but to become a hero. In the end, the hero will be pardoned. It is widely agreed today that the Prinz von Homburg story is fiction. It was King Frederick II of Pr ...
Faculty of Law
... Advanced Seminar on Chinese, Language and culture II Preparation I Advanced Seminar on Chinese,Test of Chinese Proficiency Advanced Seminar on Chinese, Presentation Skills I Preparation II Advanced Seminar on Chinese, Presentation Skills II ...
... Advanced Seminar on Chinese, Language and culture II Preparation I Advanced Seminar on Chinese,Test of Chinese Proficiency Advanced Seminar on Chinese, Presentation Skills I Preparation II Advanced Seminar on Chinese, Presentation Skills II ...
I Introduction - Legal Education Review
... embeddedness in culture, the political, locality and history. If two poles of a range of approaches to the teaching of law are operationally defined as ‘black letter’ law (‘pure doctrinal analysis’) and critical legal studies (CLS) then such a socio-legal orientation would be located towards the lat ...
... embeddedness in culture, the political, locality and history. If two poles of a range of approaches to the teaching of law are operationally defined as ‘black letter’ law (‘pure doctrinal analysis’) and critical legal studies (CLS) then such a socio-legal orientation would be located towards the lat ...
Tracing the Performance of Law in Indonesia (A Perspective of
... The hustle and bustle of ’unique’ legal decisions in Indonesian posed by the positivistic approach of law performance, this is because the approach has been in the phase of normal science of law paradigm. This assumption is quite reasonable considering the justification of legal reasoning has someho ...
... The hustle and bustle of ’unique’ legal decisions in Indonesian posed by the positivistic approach of law performance, this is because the approach has been in the phase of normal science of law paradigm. This assumption is quite reasonable considering the justification of legal reasoning has someho ...
Accepted version - Queen Mary University of London
... Yet this vast intellectual project has not attracted the scale of international interest one might expect. Petrażycki’s contribution to the study of law and society has justifiably been called ‘unrecognised’ (Gella, 1977; Podgórecki, 1980-1) and in international debates in socio-legal studies (syste ...
... Yet this vast intellectual project has not attracted the scale of international interest one might expect. Petrażycki’s contribution to the study of law and society has justifiably been called ‘unrecognised’ (Gella, 1977; Podgórecki, 1980-1) and in international debates in socio-legal studies (syste ...
Legal Profession in Ancient Republican Rome
... responsa, both cautelary and judicial, was probably the most important function of the Roman pontiff-lawyers. As a matter of fact, this function remained for a long time the decisive activity of the later Roman jurist-lawyers, even after the Roman legal profession had become completely secularized. ...
... responsa, both cautelary and judicial, was probably the most important function of the Roman pontiff-lawyers. As a matter of fact, this function remained for a long time the decisive activity of the later Roman jurist-lawyers, even after the Roman legal profession had become completely secularized. ...
Law school of Beirut
The law school of Beirut (also known as the law school of Berytus and the school of Roman law at Berytus) was a center for the study of Roman law in classical antiquity located in Beirut (Latin: Berytus). It flourished under the patronage of the Roman emperors and functioned as the Roman Empire's preeminent center of jurisprudence until its destruction in A.D. 551.The law schools of the Roman Empire established organized repositories of imperial constitutions and institutionalized the study and practice of jurisprudence to relieve the busy imperial courts. The archiving of imperial constitutions facilitated the task of jurists in referring to legal precedents. The origins of the law school of Beirut are obscure. The earliest written mention of the school dates to 239, when its reputation had already been established. The school attracted young, affluent Roman citizens, and its professors made major contributions to the Codex of Justinian. The school achieved such wide recognition throughout the Empire that Beirut was known as the ""Mother of Laws"". Beirut was one of the few schools allowed to continue teaching jurisprudence when Byzantine emperor Justinian I shut down other provincial law schools.The course of study at Beirut lasted for five years and consisted in the revision and analysis of classical juridic texts and imperial constitutions, in addition to case discussions. Justinian took a personal interest in the teaching process, charging the bishop of Beirut, the governor of Phoenicia Maritima and the teachers with discipline maintenance in the school.The school's facilities were destroyed in the aftermath of a massive earthquake that hit the Phoenician coastline. It was moved to Sidon but did not survive the Arab conquest of 635. Ancient texts attest that the school was next to the ancient Anastasis church, vestiges of which lie beneath the Saint George Greek Orthodox Cathedral in Beirut's historic center.