Law Commons^™

Minds Circumscribed By Fear. A Review Of Garrisoned Minds: Women And Armed Conflicts In South Asia, Edited By Lazmi Murthy And Mitu Varma, Kushal Srivastava

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Interconstituted Legal Agents, Christian Turner

Scholarly Works

Legal theory and doctrine depend on underlying assumptions about human nature and sociality. Perhaps the most common and basic assumption is that we are separate persons who communicate imperfectly with one another. While this separation thesis has been questioned, it still dominates legal theory. However, I show that understanding separation and connection as alternative perspectives, rather than as ontologically true or false, reveals that legal conflict often arises when these perspectives give rise to clashing intuitions concerning the meaning of community and what constitutes goals and harms. This Article organizes perspectives on social relationships in increasing order of intersubjectivity: isolation, …

Features Of Al Kata'a And Alzan Concepts In Imam El-Shafie Doctrine, Sami Al Salahat

UAEU Law Journal

This study is a serious attempt to analyze methods dealing with Islamic provisions and rules, through a precise definition to the concept of "A1 katae" absolute and "A1 zhan" suspicion and their synonyms in Islamic studies. This search concerns with the doctrine of El-Shafie imam from Ovo sides: - Role of El-Shafie in updating Islamic doctrine in his age. - The special method of El-Shafie in dealing with religious provision either driven from his own behavior or from books and studies of his followers and all who benefited from his studies. Researcher tries through this study to specify the reasons …

Political Money: Legal And Comparative Study With The Jordanian Legal System, Mohammed Ali Al-Omari

UAEU Law Journal

Praise be to God and our merciful prayers on Mohammad, the messenger of Allah, Peace be upon him to the judgment day.

This research focuses on one kind of money called the “political money”, and this research explains the meaning of this term, and all terms related to it, and how it can be reflected in the community and religion. From the researcher’s view the political money stands for bribe, boodle, and hypocrisy. Firstly, the researcher illustrates the judgment of the dealing and circulating of this type of money. Secondly, he explains how the law perceives political money, and its …

The Rights Of Nature Movement In The United States: Community Organizing, Local Legislation, Court Challenges, Possible Lessons And Pathways, Marsha Moutrie

Environmental and Earth Law Journal (EELJ)

No abstract provided.

Charles Reich: Due Process In The Eye Of The Receiver, Harold Hongju Koh

Touro Law Review

No abstract provided.

A Kinder, Gentler Liberalism? Visions Of Empathy In Feminist And Communitarian Literature, Cynthia V. Ward

Cynthia V. Ward

No abstract provided.

Afterword: What's Next? Into A Third Decade Of Latcrit Theory, Community, And Praxis, Steven W. Bender, Francisco Valdes, Jorge R. Roig, Jasmine Gonzalez Rose, Saru Matambanadzo, Roberto Corrada, Shelley Cavalieri, Tayyab Mahmud, Zsea Bowmani, Anthony E. Varona

Scholarly Works

In this multi-vocal Afterword, we reflect-personally and collectively to help chart renewed agendas toward and through a third decade of LatCrit theory, community, and praxis. This personal collective exercise illustrates and reconsiders the functions, guideposts, values, and postulates for our shared programmatic work a framework for our daily work as individuals and teams through our portfolio of projects, which in turn emerged as a "reflection and projection of LatCrit theory, community and praxis." These early anchors expressly encompassed (1) a call to recognize and accept the inevitable political nature of U.S. legal scholarship; (2) a concomitant call toward anti-subordination praxis …

Rhetorical Holy War: Polygamy, Homosexuality, And The Paradox Of Community And Autonomy, Gregory C. Pingree

ExpressO

The article explores the rhetorical strategies deployed in both legal and cultural narratives of Mormon polygamy in nineteenth-century America. It demonstrates how an understanding of that unique communal experience, and the narratives by which it was represented, informs the classic paradox of community and autonomy – the tension between the collective and the individual. The article concludes by using the Mormon polygamy analysis to illuminate a contemporary social situation that underscores the paradox of community and autonomy – homosexuality and the so-called culture wars over family values and the meaning of marriage.

A Secular Community May Not Execute Its Members, Richard Stith

Law Faculty Publications

The purpose of law is to provide a framework for the fulfillment of everyone in our community. We can disagree, debate, and vote about how much each of us should give of get to reach this goal. But we cannot begin to debate or doubt the wisdom of considering each human being an end rather than only a means. We as a community have problems, but none of us is the problem. Our problems are defined by the goal of universal human flourishing. To call that goal into question is to make coherent public discussion impossible. If people can just …

Doing Justice: A Challenge For Catholic Law Schools Essay., Grace M. Walle

St. Mary's Law Journal

The numerous allegations of misconduct against high-ranking United States political figures and the associated attorneys are disheartening, but even more disconcerting is the general public’s acquiescence to these ethical deviations. The common assumption that “all lawyers are crooks” fails to outrage anyone. The fact most, if not all, recent ethical violators attended law schools and began their political careers as lawyers prompts questions of the legal education process. Understanding what justice encompasses may begin in books and the classroom, but justice in legal practice requires far more. The aspiration of “doing justice” may stem from religious belief, but this goal …

A Kinder, Gentler Liberalism? Visions Of Empathy In Feminist And Communitarian Literature, Cynthia V. Ward

Faculty Publications

No abstract provided.

Transcending Community: Some Thoughts On Havel And Bergson, Brian Slattery

Articles & Book Chapters

No abstract provided.

Transcending Community: Some Thoughts On Havel And Bergson, Brian Slattery

Brian Slattery

No abstract provided.

The Meaning Of Equality And The Interpretive Turn, Robin West

Georgetown Law Faculty Publications and Other Works

The turn to hermeneutics and interpretation in contemporary legal theory has contributed at least two central ideas to modern jurisprudential thought: first, that the "meaning" of a text is invariably indeterminate -- what might be called the indeterminacy claim -- and second, that the unavoidably malleable essence of texts -- their essential inessentiality -- entails that interpreting a text is a necessary part of the process of creating the text's meaning. These insights have generated both considerable angst, and considerable excitement among traditional constitutional scholars, primarily because at least on first blush these two claims seem to inescapably imply a …

Nomos And Thanatos (Part A). The Killing Fields: Modern Law And Legal Theory, Richard F. Devlin

Dalhousie Law Journal

Law, is so far as it sanctions the coercive power of the state, enables people to do frightening - even deadly - things to each other. Contemporary jurisprudence, the explanatory and justificatory voice of legal practice, fails to interrogate law's interconnection with violence and death and therefore, by a sin of omission, legitimizes humankind's mutual inhumanity. The end result is jurisprudential tolerance of, and acquiescence in, societies underpinned by violence. By identifying the nexus between community (nomos) and death (thanatos), this, admittedly speculative, essay attempts to raise the possibility of a discourse, practice and society that can encourage, reflect and …

Juristic Idealism And Legal Practice, Joseph H. Drake

Michigan Law Review

The relation of the "idea" of just law to the "principles" [Grundsaetze] of just law and the "model" [Vorbild] of just law is somewhat difficult to grasp and Stammler's application of the idea, through the intermediate principles and model, to the practice of just law, has given much trouble to the critics. A rule of law may be thought of as a particular conclusion, a principle as a general conclusion, while a standard or norm is a means of reaching conclusions. This is of course the old logical division of conceptions into particular, general and universal, …