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Full-Text Articles in Law
Legitimation, Mark C. Modak-Truran
Legitimation, Mark C. Modak-Truran
Mark C Modak-Truran
This article identifies three different conceptions of legitimation - pre-modern, modern, and post-secular - that compete both within and across national boundaries for the coveted prize of informing the social imaginary regarding how the government and the law should be legitimated in constitutional democracies. Pre-modern conceptions of legitimation consider governments and rulers legitimate if they are ordained by God or if the political system is ordered in accordance with the normative cosmic order. Contemporary proponents of the pre-modern conception range from those in the United States who maintain that the government has been legitimated by the “Judeo-Christian tradition” to those …
“Ahead Of The Lawmen”: Law And Morality In Disney Animated Films 1960–1998, Nehal A. Patel
“Ahead Of The Lawmen”: Law And Morality In Disney Animated Films 1960–1998, Nehal A. Patel
Nehal A. Patel
This article examines the relationship between law and morality in a selection of animated Disney movies released between 1960 and 1998. The authors analyze all of the fully-animated, G-rated movies that grossed $100 million or more (adjusted for inflation) which shaped the childhood of lawyers practicing today. We find that the predominant representation of the relationship between law and morality is that they are at odds. Law most often is portrayed as having no relationship to morality or, even worse, as an obstacle to justice. These findings have implications for theories of law and morality, justice, and ethics. These findings …
How Do We Deal With All The Bodies? A Review Of Recent Cemetery And Human Remains Legal Issues, Ryan M. Seidemann
How Do We Deal With All The Bodies? A Review Of Recent Cemetery And Human Remains Legal Issues, Ryan M. Seidemann
Ryan M Seidemann
No abstract provided.
Reducing The Impact Of Ethnic Tensions On Economic Growth – Economic Or Political Institutions?, Atin Basu Choudhary, Jim Bang, Michael Reksulak
Reducing The Impact Of Ethnic Tensions On Economic Growth – Economic Or Political Institutions?, Atin Basu Choudhary, Jim Bang, Michael Reksulak
Atin Basu Choudhary
We use a standard growth regression model and show that ethnic tensions reduce per capita growth rates. We also find evidence that “good” economic and political institutions improve per capita growth rates. More importantly, good economic institutions mitigate the effect of ethnic tensions on per capita growth while good political institutions do not. Consequently, it is foremost capitalist freedom that promotes peace and development.
Law As Referent, Craig G. Bateman
Law As Referent, Craig G. Bateman
C. G. Bateman
In this article I suggest that “the Law,” (hereinafter the LAW) can be most functionally understood as a conglomeration of referent ideals which emanate from the minds of law creators, and are the source of what we regularly understand as laws. I separate from the concept of the LAW the usual suspects of constitutions, codes, acts, and charters, etc. I separate these from their inceptional ideals and suggest we ascribe a label to these familiar kinds of categories such as “lower order laws,” being careful to confine our discussions of them with the exclusive use of a small “l” (law), …
Judicial Martial Law - Appendix, David Randall Jenkins
Judicial Martial Law - Appendix, David Randall Jenkins
David Randall Jenkins
No abstract provided.
Judicial Martial Law, David Randall Jenkins
Judicial Martial Law, David Randall Jenkins
David Randall Jenkins
No abstract provided.
Trivialising Justice: Reservation Under The Rule Of Law, Ashok Agrwaal
Trivialising Justice: Reservation Under The Rule Of Law, Ashok Agrwaal
Ashok Agrwaal
The idea for the paper was born out of a consultation called by the Calcutta Research Group (CRG), on critically engaging with the issue of social justice in India. The discussions ranged over a broad spectrum, from the gritty essence of social justice issues in daily life, to theoretical constructs based upon accepted cannons, to the notion of examining the matter afresh, from first principles. After several false starts, I realised that I was allowing the vastness of the issue to overwhelm me. Finally, I decided to choose a theme and strictly adhere to the limitations imposed by my choice. …
The Word And The State, Hadley Ajana
The Word And The State, Hadley Ajana
Hadley Ajana
J.M Coetzee’s Waiting for the Barbarians has been widely interpreted as a political allegory about the use of torture in a security state. This interpretation, though valid, limits the story’s significance. The novel has a broader theme that transcends apartheid and European colonization of Africa in the twentieth century. Coetzee broadcasts a universal message: when words are divorced from truth, the law will not serve justice. This insight applies to contemporary America’s War on Terror.