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Full-Text Articles in Law

Namibia Opinion Revisited: A Gap In The Current Arguments On The Power Of The Security Council, Tadashi Mori Jan 1997

Namibia Opinion Revisited: A Gap In The Current Arguments On The Power Of The Security Council, Tadashi Mori

ILSA Journal of International & Comparative Law

This article discusses the interpretation of Article 25' of the United Nations Charter that was offered by the International Court of Justice in its advisory opinion of June 21, 1971 (Namibia Opinion).2 It is a topic that is unfortunately overlooked by the current arguments concerning the power of the revived Security Council.


Relativism, Reflective Equilibrium, And Justice, Justin Schwartz Jan 1997

Relativism, Reflective Equilibrium, And Justice, Justin Schwartz

Justin Schwartz

THIS PAPER IS THE CO-WINNER OF THE FRED BERGER PRIZE IN PHILOSOPHY OF LAW FOR THE 1999 AMERICAN PHILOSOPHICAL ASSOCIATION FOR THE BEST PUBLISHED PAPER IN THE PREVIOUS TWO YEARS.

The conflict between liberal legal theory and critical legal studies (CLS) is often framed as a matter of whether there is a theory of justice that the law should embody which all rational people could or must accept. In a divided society, the CLS critique of this view is overwhelming: there is no such justice that can command universal assent. But the liberal critique of CLS, that it degenerates into …