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Articles 1 - 3 of 3
Full-Text Articles in Law
Foreword: The Jurisprudence Of Reconstruction, Angela Harris
Foreword: The Jurisprudence Of Reconstruction, Angela Harris
Angela P Harris
No abstract provided.
Charting Global Responsibilities: Legal Philosophy And Human Rights
Charting Global Responsibilities: Legal Philosophy And Human Rights
kjackson@fordham.edu
No abstract provided.
The State Interest In The Good Citizen: Constitutional Balance Between The Citizen And The Perfectionist State, Steve Sheppard
The State Interest In The Good Citizen: Constitutional Balance Between The Citizen And The Perfectionist State, Steve Sheppard
Steve Sheppard
Judges must have flexibility when responding to the changing norms of justice in society, but they must also maintain predictability to enhance the cultural acceptance of the Court’s authority and the authority of law in society. Predictability demands that a rationale for each decision be communicated by the authors of opinions so that it can be replicable by other courts.
The debate over a preferred method of adjudication, balancing or categorical, is moot because the two methods are not mutually exclusive. The important issue is the definition of interests to be promoted or discouraged by law, which must also be …