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Articles 151 - 156 of 156
Full-Text Articles in Law
Coexistence And Commerce: Guidelines For Transactions Between East And West, Stanley B. Lubman
Coexistence And Commerce: Guidelines For Transactions Between East And West, Stanley B. Lubman
Hong Yen Chang Center for Chinese Legal Studies
For all the talk in this country in recent years about improving relations between the United States and Communist nations – "building bridges" and the like-old stereotypes of West and East, Us and Them, linger on. The Cold War mentality dies hard: East-West relations remain symbolized by signs of separation and antagonism such as the Berlin Wall and the lonely bridge at Lowu where travelers cross between Hong Kong and China. Such images, and the stereotyped habits of thought associated with them, are especially dangerous in a time characterized by neither war nor peace, but by a mixture of both. …
On Lawful Governments, Joseph Raz
On Lawful Governments, Joseph Raz
Faculty Scholarship
What is the meaning of sentences of the form 'X is the lawful government of the country Y,' and what kinds of statements are normally -made by using them? Most answers to these questions can be classified as legalistic, moralistic, or compromise solutions. The gist of the legalistic approach is that the lawful government is that authorized by the positive law of the land. Critics of the legalistic approach point out that disagreement about the lawful government is not always solved when agreement is reached about the positive law of the land. For example, two people may disagree as to …
Decision Trees, Peter L. Strauss, Michael R. Topping
Decision Trees, Peter L. Strauss, Michael R. Topping
Faculty Scholarship
The object of this paper is to inform those concerned with the administration of justice in Ethiopia – particularly, criminal justice – about a new and simple procedure which may assist in procuring uniform interpretation and application of laws and regulations. The problem of uniform interpretation and application is particularly severe where, as in Ethiopia, new laws must be interpreted and applied by persons who have not yet had the opportunity of formal legal education. For these persons the discovery of the relevant code articles and the understanding of their interrelationships and application must be very difficult indeed. One possible …
Form And Function In The Chinese Criminal Process, Stanley B. Lubman
Form And Function In The Chinese Criminal Process, Stanley B. Lubman
Hong Yen Chang Center for Chinese Legal Studies
This article considers some of the formidable intellectual problems involved in studying the Chinese criminal process. Much can be learned about another country by studying its legal institutions; a study of sanctioning institutions promises insight into a society's view of order, deviance, individual rights, and the allocation and application of punishment. But how can foreign institutions most perceptively be studied? Only rather recently has analysis of the American criminal process become notably more sophisticated. Our own inexperience coupled with China's alienness and the lack of accurate information threaten to impede perceptive studies of Chinese institutions. But the problem is pressing …
The Presumption Of Innocence In The Soviet Union, George P. Fletcher
The Presumption Of Innocence In The Soviet Union, George P. Fletcher
Faculty Scholarship
The presumption of innocence is a curious item in the baggage of Western legal rhetoric. Revered today here and abroad, it has become a standard clause in international testimonials to the rights of man. Yet, at first blush, it seems conceptually anomalous and irrelevant in practice. It is hardly a presumption of fact – a distillation of common experience; statistics betray the suggestion that men indicted on criminal charges are likely to be innocent. Nor is it a legal rule masquerading as an irrebuttable presumption; it is rebuttable by proof beyond a reasonable doubt of the defendant's guilt. Further, it …
On Interpreting The Ethiopian Penal Code, Peter L. Strauss
On Interpreting The Ethiopian Penal Code, Peter L. Strauss
Faculty Scholarship
The aim of this article is to set out and discuss some general principles of interpreting the Ethiopian Penal Code – that is to say, of using it. Even now, ten years after it came into effect, many people have difficulty in understanding and using the Penal Code in a straightforward way. It seems complex, and many of its fundamental conceptions are unfamiliar to Ethiopian lawyers. This article, discussing at length how the code is built, may help reduce its apparent complexity and thus facilitate its day-to-day application.