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"Bricolage" As Comparative Research Method For Critical Legislative Innovation, Marie-Claire Belleau

FIU Law Review

Comparative law incentivize imagination to create new solutions to social problems intrinsically linked to different parts of the world. It consists in the analysis of multiple legal solutions revealed by research. Meanwhile, the understanding of the documentation put forward is influenced by the social, cultural, linguistic, political, and economic context where it evolved in the first place. Consequently, the interpretation of those elements leads to varying results. In response to this reality, we offer a modest comparative methodology rooted in creativity inspired by the concept of “bricolage” for the purpose of legislative innovations. In light of some descriptive examples pertaining …

The Evolution Of Sodomy Decriminalization Jurisprudence In Transnational And Comparative Constitutional Perspective, Ayodeji Kamau Perrin

William & Mary Bill of Rights Journal

In this Article, I demonstrate that legal mobilization by activist litigants combined with a comparative methodological jurisprudence has been central to the “transnational legal process” of the generation and diffusion of the sodomy decriminalization norm since the 1950s. My analysis of the transnational comparative jurisprudence relies on a comprehensive legal survey of seven decades of decriminalization jurisprudence (1954–2022), primarily using successful cases. Although the scholarship on the well-known Dudgeon, Toonen, and NCGLE cases often asserts the influence that these cases had on subsequent domestic court constitutional jurisprudence, I suggest that it is the domestic privacy jurisprudence of lobbyists, …

Kritik Terhadap Struktur Ilmu Hukum Menurut Paul Scholten, E. Fernando M. Manullang, E. Fernando M. Manullang

Jurnal Hukum & Pembangunan

Paul Scholten, a prominent Dutch legal scholar, explains some thoughts in one of his chief article: De Structuur der recthwetenshcap. Essentially it describes some accounts on how legal relations may exist, which he thinks such relations can be both logic and illogical. Scholten even furthermore reiterates such paradigm, the dualism of logic and illogical, also underlies the scientific nature of legal science (jurisprudence). Finally, he also explores on the relations between language and jurisprudence. His all accounts leave some critical notes, as it has some internal contradictions in connection of, as what critical legal theory says, the presence of reifications …

The Art Of International Law, Hilary Charlesworth

American University Law Review

International lawyers study international law primarily through its written texts—treaties, official documents, judgments, and scholarly works. Critical to being an international lawyer, it seems, is access to the written word, whether in hard copy or online. Indeed, as Jesse Hohmann observes, “the production of text can come to feel like the very purpose of international law.”

Comparative Limitations On Abortions: The United States Supreme Court V. The European Court Of Human Rights, Sunaya Padmanabhan

Northwestern Journal of Law & Social Policy

This Note compares the balancing tests implemented by the United States Supreme Court and the European Court of Human Rights to determine the legal status of abortion within their jurisdictions. This Note will argue that the Supreme Court’s balancing test better protects a woman’s legal path to an abortion because it A) limits states’ restrictions to specific categories and B) regulates the extent to which states can restrict a woman’s pre-viability abortion.

This Note will also examine the ways in which each court’s abortion jurisprudence substantively restricts a woman’s ability to obtain an abortion, even where legal avenues to the …

Penises, Nipples, And Bums, Oh My!: An Examination Of How Freedom Of Expression Applies To Public Nudity, Clara Gutwein

Indiana Journal of Global Legal Studies

How do you solve a problem like the nipple? A woman's nipples are both erotic and utilitarian, obscene and maternal. She must never show them in public. She must show them to feed her child. Nipples are for men. Nipples are for babies. Nipples, it seems, are for everyone except a woman herself. The law, too, has something to say about nipples. It is completely constitutional for the government to prevent women from publicly showing their nipples in order to protect morality and public order. Thus, the law assumes an inversely proportional relationship between the number of publicly exposed nipples …

The Protection Of Free Choice And The Right To Passivity: Applying The Privilege Against Self-Incrimination To Physical Examinations And Documents' Submission, Rinat Kitai-Sangero

William & Mary Bill of Rights Journal

This Article addresses the question of whether the privilege against selfincrimination should cover physical examinations as well as the obligation to submit documents. This question requires a serious examination of the justifications underlying the privilege against self-incrimination and is of particular relevance in the current age of technological progress that expands the powers assigned to law enforcement agencies to access knowledge and thoughts stored in individuals’ minds. After addressing the comparative law regarding the applicability of the privilege against selfincrimination to physical examinations and to the obligation to submit documents and discussing key justifications for the privilege against self-incrimination, dividing …

Islam And Democracy: Appreciating The Nuance And Complexity Of Legal Systems With A Basis In Religion, Massimo Campanini, Mohamed Arafa

Barry Law Review

No abstract provided.

A Leap Of Faith: Twail Meets Caribbean Queer Rights Jurisprudence—Intersections With International Human Rights Law, H. Patrick Wells

Dalhousie Law Journal

This article examines the legal status of queer rights in Caribbean jurisprudence. It conducts an analysis of Caribbean queer rights case law, in order to arrive at an understanding of the extent and dynamics of constitutional protection for these rights. It then uses the revelations from this analysis to determine how Caribbean queer rights jurisprudence has intersected with international human rights norms, values and rules. Finally, the article applies the TWAIL methodological approach to international law to argue that the Caribbean queer rights jurisprudence has not so far reflected the counter-hegemonic, resistance, anti-imperialist discourse that TWAIL champions, in spite of …

From Political Hebraism And Jewish Law To The Comparative Paradigm, Amos Israel-Vleeschhouwer

Touro Law Review

No abstract provided.

Tort Reform With Chinese Characteristics: Towards A Harmonious Society In The People's Republic Of China, Andrew J. Green

San Diego International Law Journal

This Article presents an analysis of tort law in China specifically focusing on personal injury tort law. It provides a general background on the role of tort law in society, and then it analyzes the specific laws, regulations, and cases that form the personal injury tort regime, covering both historical and recent laws. The article then explores the forces in society and politics that seem to be behind the new legal rules. It concludes by drawing attention to several steps that may be taken as part of further reform.

The Future Of Aztec Law, Jerome A. Offner

The Medieval Globe

This article models a methodology for recovering the substance and nature of the Aztec legal tradition by interrogating reports of precontact indigenous behavior in the works of early colonial ethnographers, as well as in pictorial manuscripts and their accompanying oral performances. It calls for a new, richly recontextualized approach to the study of a medieval civilization whose sophisticated legal and jurisprudential practices have been fundamentally obscured by a long process of decontextualization and the anachronistic applications of modern Western paradigms.

Editor's Introduction To "Legal Worlds And Legal Encounters" -- Open Access, Elizabeth Lambourn

The Medieval Globe

This introduction presents and draws together the articles and themes featured in this special issue of The Medieval Globe, “Legal Worlds and Legal Encounters.”

Mutilation And The Law In Early Medieval Europe And India: A Comparative Study -- Open Access, Patricia E. Skinner

The Medieval Globe

This essay examines the similarities and differences between legal and other precepts outlining corporal punishment in ancient and medieval Indian and early medieval European laws. Responding to Susan Reynolds’s call for such comparisons, it begins by outlining the challenges in doing so. Primarily, the fragmented political landscape of both regions, where multiple rulers and spheres of authority existed side-by-side, make a direct comparison complex. Moreover, the time slippage between what scholarship understands to be the “early medieval” period in each region needs to be taken into account, particularly given the persistence of some provisions and the adapatation or abandonment of …

Confounding Ockham's Razor: Minilateralism And International Economic Regulation, Eric C. Chaffee

Brooklyn Journal of Corporate, Financial & Commercial Law

In Minilateralism: How Trade Alliances, Soft Law, and Financial Engineering Are Redefining Economic Statecraft, Professor Chris Brummer embraces the complexity of the global economic system and its regulation by exploring the emerging role and dominance of varying strands of economic collaboration and regulation that he collectively refers to as “minilateralism.” In describing the turn toward minilateralism, Brummer notes a number of key features of this new minilateral system, including a shift away from global cooperation to strategic alliances composed of the smallest group necessary to achieve a particular goal, a turn from formal treaties to informal non-binding accords and other …

The Jurisprudence Of Discrimination As Opposed To Simple Inequality In The International Civil Service, Brian D. Patterson

Georgia Journal of International & Comparative Law

No abstract provided.

Brazilian Regularization Of Title In Light Of Moradia, Compared To The United States Understandings Of Homeownership And Homelessness, Marc R. Poirier

University of Miami Inter-American Law Review

No abstract provided.

The Expert Testimony Before The Inter-American Court Of Human Rights, Ma. Auxiliadora Solano Monge

ILSA Journal of International & Comparative Law

The purpose of this essay is to provide a review of the doctrine and jurisprudence of the expert testimony as a probatory medium' used by the Inter-American Court of Human Rights (ICHR, Court, Tribunal) in the issues presented before it

The Discontinuance And Acceptance Of Claims In The Jurispurdence Of The Inter-American Court Of Human Rights, Manuel Ventura Robles

ILSA Journal of International & Comparative Law

When analyzing the contentious jurisprudence of the Inter-American Court of Human Rights ("the Court" or "Inter-American Court"), it is necessary to emphasize the fact that, during its first seventeen years of work, the Court has ruled on the merits of nine cases presented for its consideration

The Developing Jurisprudence Of The Rights Of The Child - Contributions Of The Hague Conference On Private International Law, Peter H. Pfund

ILSA Journal of International & Comparative Law

I would like this morning to discuss with you three multilateral treaties produced since 1980 by the international organization known as the Hague Conference on Private International Law

An Introduction To The Developing Jurisprudence Of The Rights Of The Child, Cynthia Price Cohen

ILSA Journal of International & Comparative Law

The Convention on the Rights of the Child was adopted by the United Nations General Assembly on November 20, 1989.' At the time of the International Law Association's 1996 International Law Weekend, 187 countries had ratified the Convention.

Developing Jurisprudence On The Rights Of Youth: Review Of Problems And Prospects: North-South, William D. Angel

ILSA Journal of International & Comparative Law

Whatever civilization one analyses in history, one invariably finds generational conflicts of youth rebelling against the various systems (legal, political, economic, and/or socio-cultural) established by their adult generation.

Approaching Aliens: A Plea For Jurisprudential Recovery As A Theoretical Introduction To (Ex)Socialist Legal Systems, Ivan L. Padjen

Dalhousie Law Journal

It might be wise to stop here. Even a reader who is sympathetic to jurisprudential imagination must regard the communicable part of my title with considerable misgiving. For he or she can hardly be unaware of the double jeopardy in which the general theorist of law places himself when dealing with socialist legal systems. The first has been aptly described by Alasdair MacIntyre in his parable of a man who aspired to be the author of the general theory of holes.' The moral of the story, that the concept of a hole is a poor foundation for a general theory …

Jurimetrics: The Meaning And Measurement Of Legal Sovereignty And Domestic Jurisdiction, Bin Cheng

University of Miami International and Comparative Law Review

No abstract provided.