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Full-Text Articles in Law

Adjudicative And Epistemic Recognition, Christian Dahlman Dec 2003

Adjudicative And Epistemic Recognition, Christian Dahlman

Christian Dahlman

No abstract provided.


Fused Modality Or Confused Modality, Christian Dahlman Dec 2003

Fused Modality Or Confused Modality, Christian Dahlman

Christian Dahlman

According to Svein Eng there are propositions concerning the law which are descriptive as well as normative, but cannot be separated into one descriptive and one normative proposition. Eng calls these propositions “fused” (“sammensmeltede”). In Eng's theory a proposition with “fused modality” is partly descriptive and partly normative, but cannot be classified as a separable combination of a claim about what the law “is” and a claim about what the law “ought to be.” In a “fused” proposition modality is a question of “degree.” The purpose of this article is to show why Eng's theory should be rejected. The introduction …


Law, Justice, And Power: Between Reason And Will (Stanford University Press), Sinkwan Cheng Dec 2003

Law, Justice, And Power: Between Reason And Will (Stanford University Press), Sinkwan Cheng

Sinkwan Cheng

This is an unprecedented volume that brings together J. Hillis Miller, Julia Kristeva, Slavoj Zizek, Ernesto Laclau, Alain Badiou, Nancy Fraser, and other prominent intellectuals from five countries in seven disciplines to provide fresh perspectives on the new configurations of law, justice, and power in the global age. The work engages and challenges past and present scholarship on current topics in legal studies: globalization, post-colonialism, multiculturalism, ethics, post-structuralism, and psychoanalysis. The book is divided into five parts. The first debates issues of (trans-)national justice and human rights in the global age, focusing on military interventions and refugee policies. Part II …