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Articles 1 - 7 of 7
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China's Post-Modern Legal Research And Its Prospects(中国的后现代法学研究及其前景), Meng Hou
China's Post-Modern Legal Research And Its Prospects(中国的后现代法学研究及其前景), Meng Hou
Hou Meng
No abstract provided.
El Documento Y La Firma Digital En El Derecho Argentino, Horacio M. Lynch
El Documento Y La Firma Digital En El Derecho Argentino, Horacio M. Lynch
Horacio M. LYNCH
No abstract provided.
Why Legal Scholars Get Daubert Wrong: A Contextualist Explanation Of Law's Epistemology, Alani Golanski
Why Legal Scholars Get Daubert Wrong: A Contextualist Explanation Of Law's Epistemology, Alani Golanski
Alani Golanski
Daubert requires the court to make judgments about scientific evidence. But judges, like jurors, are lay persons in relation to such evidence. So Daubert has been criticized as requiring too much of the court, and such alternatives as blue ribbon panels have been proposed. This article shows that, notwithstanding any problems that Daubert itself might have, the Daubert scholarship is significantly hampered by the way legal scholars categorize knowledge. A "contextualist" (as opposed to "invariantist") theory of knowledge is both philosophically best, and makes sense of law's relation to science.
Rights Of Inequality: Rawlsian Justice, Equal Opportunity, And The Status Of The Family, Justin Schwartz
Rights Of Inequality: Rawlsian Justice, Equal Opportunity, And The Status Of The Family, Justin Schwartz
Justin Schwartz
Is the family subject to principles of justice? In A Theory of Justice, John Rawls includes the (monogamous) family along with the market and the government as among the "basic institutions of society" to which principles of justice apply. Justice, he famously insists, is primary in politics as truth is in science: the only excuse for tolerating injustice is that no lesser injustice is possible. The point of the present paper is that Rawls doesn't actually mean this. When it comes to the family, and in particular its impact on fair equal opportunity (the first part of the the Difference …
Arguments In Favour Of A Functional Theory Of Fundamental Rights, Gianluigi Palombella
Arguments In Favour Of A Functional Theory Of Fundamental Rights, Gianluigi Palombella
Gianluigi Palombella
The article suggests a relational concept of fundamental rights. This concept
enhances the «functional» rôle played by some of the rights in the system of a state
governed by the rule of law, rather than an ethical universality or a substantial content
coinciding with any list of «human» rights. Fundamental rights belong to the fundamental
(ideal, substantice and normative) criteria of recognition/selection of actions and norms in
the institutional/normative practice of a legal order. Given this premise, the work analyses
some relevant issues: universal-fundamental nexus, property rights, liberty rights, social
rights. Fundamental rights refuse any rigid classification which identifies and …
"Simply So Different": The Uniquely Expressive Character Of The Openly Gay Individual After Boy Scouts V. Dale, Nancy J. Knauer
"Simply So Different": The Uniquely Expressive Character Of The Openly Gay Individual After Boy Scouts V. Dale, Nancy J. Knauer
Nancy J. Knauer
Boy Scouts v. Dale was uniformly considered a set back for gay rights. Undeniably, it was not a good result for James Dale or other openly gay individuals who would like to participate in the largest youth organization in the U.S. This Article views Boy Scouts v. Dale in a different light and suggests that the expressive character of the openly gay individual endorsed by the majority may signal an opportunity to argue for greater First Amendment protections. The majority recognized that a single avowal of homosexuality imbues the openly gay individual with a uniquely expressive character. Wherever he goes, …
Colonialism’S Civilizing Mission: The Case Of The Indian Hemp Drugs Commission, Daphna Hacker
Colonialism’S Civilizing Mission: The Case Of The Indian Hemp Drugs Commission, Daphna Hacker
Daphna Hacker
No abstract provided.