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Articles 1 - 15 of 15
Full-Text Articles in Law
Police Tactics Against Protestors Violate Civil Liberties, C. Peter Erlinder
Police Tactics Against Protestors Violate Civil Liberties, C. Peter Erlinder
C. Peter Erlinder
No abstract provided.
Christians And The Military, Jeffrey C. Tuomala
Christians And The Military, Jeffrey C. Tuomala
Jeffrey C. Tuomala
No abstract provided.
On Mapping The Conceptual Battlefield Of Private International Law, Nikitas E. Hatzimihail
On Mapping The Conceptual Battlefield Of Private International Law, Nikitas E. Hatzimihail
Nikitas E Hatzimihail
This short essay examines the use of conceptual ‘maps’ in the discourse of private international law. By helping us to conceptualize the choices we are faced with, as well as by providing us with a version of the history of private international law, which is supposed to validate that conceptualization, these ‘maps’ have had a – mostly unacknowledged –normative effect on the very identity and operation they purport to describe. Existing maps have been inaccurate in their portrayal of the PIL field and its development, as a more sophisticated historical overview easily shows. The essay concludes by proposing some new …
Analogical Reasoning As Translation: The Pragmatics Of Transitivity, Jonathan Yovel
Analogical Reasoning As Translation: The Pragmatics Of Transitivity, Jonathan Yovel
Jonathan Yovel
This paper attempts to examine the underlying structure of analogical reasoning in decision making. The immediate (but not exclusive) context is the form of reasoning commonly seen as prevalent in common-law judicial decision making. Following Wittgenstein and Strawson the paper identifies the problem of the contingency of transitivity of analogical relations as a serious impediment to analogical reasoning. It then proceeds to offer a method of translation that delineates the borders of contingency and analyticity of transitivity in such cases, as well as proposes how these borders may be manipulated. The theoretical insight is to treat analogical relations anaphorically, as …
What Is Contract Law 'About'? Speech Act Theory And A Critique Of 'Skeletal Promises', Jonathan Yovel
What Is Contract Law 'About'? Speech Act Theory And A Critique Of 'Skeletal Promises', Jonathan Yovel
Jonathan Yovel
What is contract law about? One way of looking at it is to conceive of the subject-matter of contract law in terms of promises - just as tort law arguably revolves around the concepts of accident or harm. Much like accidents - first-year law students are taught - promises are out there in the world, to be classified and distinguished so as to privilege some with legal enforceability. There is a language/world of promises, this approach seems to indicate, and a language/world of contracts. It is a main function of contract law to perform translations from the one to the …
The Usefulness Of Which Rawls?, Frank J. Garcia
Combating Impunity For International Crimes, M. Bassiouni
Combating Impunity For International Crimes, M. Bassiouni
M. Cherif Bassiouni
No abstract provided.
International Child Custody Jurisdiction And The Uniform Child Custody Jurisdiction And Enforcement Act, Robert G. Spector
International Child Custody Jurisdiction And The Uniform Child Custody Jurisdiction And Enforcement Act, Robert G. Spector
Robert G. Spector
No abstract provided.
Symposium Prosecuting Transnational Crimes: Cross-Cultural Insights For The Former Soviet Union, James W. Diehm
Symposium Prosecuting Transnational Crimes: Cross-Cultural Insights For The Former Soviet Union, James W. Diehm
James W. Diehm
Responsabilidade Global, Ivo T. Gico
Responsabilidade Global, Ivo T. Gico
Ivo Teixeira Gico Jr.
O presente artigo traz ao leitor, para além de questões meramente processuais, argumentos para justificar a responsabilização das empresas ditas globais por obrigações decorrentes de relação de consumo transnacionais.
This article brings to the reader, in addition to purely procedural issues, arguments to justify the accountability of the so-called global firms for obligations related to transnational relations of consumption.
Polemics: The Concept Of Legalization - Or - The Concept Of Plagiarism, Alec Stone Sweet
Polemics: The Concept Of Legalization - Or - The Concept Of Plagiarism, Alec Stone Sweet
Alec Stone Sweet
No abstract provided.
Nato Intervention On Trial: The Legal Case That Was Never Made, Paul Williams, Michael Scharff
Nato Intervention On Trial: The Legal Case That Was Never Made, Paul Williams, Michael Scharff
Paul Williams
The United States and its NATO allies have defended the air strikes against Yugoslavia on moral grounds (to stop atrocities) and security grounds (to prevent the conflict from spilling over to neighboring European countries), but curiously they have never articulated a legal justification for the intervention. The nearest the NATO countries have come to articulating a legal rationale has been to cite various resolutions of the Security Council, in which the Council has determined that the actions of Yugoslavia in Kosovo constitute a threat to peace and security in the region and, pursuant to Chapter VII of the UN Charter, …
Guest Editor's Introduction To The Symposium: War And The United States Military, Kenneth Anderson
Guest Editor's Introduction To The Symposium: War And The United States Military, Kenneth Anderson
Kenneth Anderson
An International Law Institution In Crisis: Rethinking Permanent Neutrality, Brian Havel
An International Law Institution In Crisis: Rethinking Permanent Neutrality, Brian Havel
Brian Havel
No abstract provided.
Critical Race Theory And International Law: Convergence And Divergence Racing American Foreign Policy, Ruth Gordon
Critical Race Theory And International Law: Convergence And Divergence Racing American Foreign Policy, Ruth Gordon
Ruth Gordon
No abstract provided.