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Full-Text Articles in Law
Pengujian Tindakan Penyalahgunaan Wewenang Pejabat Di Pengadilan Tata Usaha Negara, Bob Humisar Simbolon
Pengujian Tindakan Penyalahgunaan Wewenang Pejabat Di Pengadilan Tata Usaha Negara, Bob Humisar Simbolon
"Dharmasisya” Jurnal Program Magister Hukum FHUI
The examination of the Abuse of Authority in the State Administrative Court is an administrative act or action that must be based on the existing laws and regulations. However, along with the growing understanding of the state of material law, the understanding that government based on laws has shifted to an understanding of state government based on law. The purpose of this paper is to see the extent of the authority of the State Administrative Court in examining territorial boundaries and the authorized procedures at the State Administrative Court. The research method is in the form of normative juridical research …
Authority, Obedience, And Justification, Michelle Madden Dempsey
Authority, Obedience, And Justification, Michelle Madden Dempsey
University of Cincinnati Law Review
We have a duty to think for ourselves. The law claims authority over us. We have a duty, at least sometimes, to obey the law. Alone, each of these premises is fairly uncontroversial. Combined, they create some intriguing puzzles. Can law’s claim of authority be justified? If so, does justified legal authority entail an obligation to obey the law? If not, are we nonetheless justified, and perhaps even obligated, to act as if such an obligation exists? While this essay is hardly the first to address these questions, it is the first to do so by combining elements of Joseph …
Revolutionary Disobedience, Philip K. Y. Lau
Revolutionary Disobedience, Philip K. Y. Lau
Barry Law Review
Over the past few decades, civil disobedience has become one of the most widely studied subjects in jurisprudence. Scholars such as Rawls and Dworkin have offered their unique reflections on the subject. Whilst many have made great contributions to clarify its purposes and justifications, they have neglected one of the most important and fundamental forms of political disobedience, namely revolutionary disobedience. Unlike an act of civil disobedience, which recognizes governmental authority and legitimacy, revolutionary disobedience explicitly denies and challenges them. Manifested as a rupture between the constituent power (ruled/governed) and constituted power (ruler/governor) in a given state, it is designed …
Taking States (And Metaphysics) Seriously, Sanford Levinson
Taking States (And Metaphysics) Seriously, Sanford Levinson
Michigan Law Review
Sotirios A. Barber has written many incisive and important books, in addition to coediting an especially interesting casebook on constitutional law and interpretation. He is also a political theorist. An important part of his overall approach to constitutional theory is his philosophical commitment to “moral realism.” He believes in the metaphysical reality of moral and political truths, the most important of which, for any constitutional theorist, involve the meanings of justice and the common good. He not only believes in the ontological reality of such truths — that is, that these truths are more than mere human conventions or social …
The Force Of Law: The Role Of Coercion In Legal Norms, Ekow N. Yankah
The Force Of Law: The Role Of Coercion In Legal Norms, Ekow N. Yankah
University of Richmond Law Review
No abstract provided.
The Empty Circles Of Liberal Justification, Pierre Schlag
The Empty Circles Of Liberal Justification, Pierre Schlag
Michigan Law Review
American liberal thinkers are fascinated with the justification of the liberal state. It is this question of justification that inspires and organizes the work of such leading liberal thinkers as John Rawls, Ronald Dworkin, Frank Michelman, and Bruce Ackerman. The manifest import and prevalence of the question of justification among liberal thinkers makes it possible to speak here of a certain "practice of liberal justification." This practice displays a certain order and certain recursive characteristics. It is composed of a common ontology and a common narrative. It poses for itself a series of recursive intellectual problems answered with a stock …
West On Story And Theory, L. H. Larue
West On Story And Theory, L. H. Larue
Michigan Law Review
A Review of Narrative, Authority, and Law by Robin West
The Glittering Eye Of Law, Geoffrey P. Miller
The Glittering Eye Of Law, Geoffrey P. Miller
Michigan Law Review
A Review of The Authoritative and the Authoritarian by Joseph Vining
Sources Of Law, Legal Change, And Ambiguity, Michigan Law Review
Sources Of Law, Legal Change, And Ambiguity, Michigan Law Review
Michigan Law Review
A Review of Sources of Law, Legal Change, and Ambiguity by Alan Watson
Laws, Norms And Authority, Michigan Law Review
Laws, Norms And Authority, Michigan Law Review
Michigan Law Review
A Review of Laws, Norms and Authority by George C. Christie
Law, Legitimacy, And Symbols: An Expanded View Of Law And Society In Transition, Malcolm M. Feeley
Law, Legitimacy, And Symbols: An Expanded View Of Law And Society In Transition, Malcolm M. Feeley
Michigan Law Review
A Review of Law and Society in Transition: Toward Responsive Law by Philippe Nonet and Philip Selznick