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Articles 1 - 5 of 5
Full-Text Articles in Law
Codifying A Sharia-Based Criminal Law In Developing Muslim Countries, Paul H. Robinson
Codifying A Sharia-Based Criminal Law In Developing Muslim Countries, Paul H. Robinson
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This paper reproduces presentations made at the University of Tehran in March 2019 as part of the opening and closing remarks for a Conference on Criminal Law Development in Muslim-Majority Countries. The opening remarks discuss the challenges of codifying a Shari’a-based criminal code, drawing primarily from the experiences of Professor Robinson in directing codification projects in Somalia and the Maldives. The closing remarks apply many of those lessons to the situation currently existing in Iran. Included is a discussion of the implications for Muslim countries of Robinson’s social psychology work on the power of social influence and internalized norms that …
A Government Of Laws Not Of Precedents 1776-1876: The Google Challenge To Common Law Myth, James Maxeiner
A Government Of Laws Not Of Precedents 1776-1876: The Google Challenge To Common Law Myth, James Maxeiner
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The United States, it is said, is a common law country. The genius of American common law, according to American jurists, is its flexibility in adapting to change and in developing new causes of action. Courts make law even as they apply it. This permits them better to do justice and effectuate public policy in individual cases, say American jurists.
Not all Americans are convinced of the virtues of this American common law method. Many in the public protest, we want judges that apply and do not make law. American jurists discount these protests as criticisms of naive laymen. They …
Building A Government Of Laws: Adams And Jefferson 1776–1779, James Maxeiner
Building A Government Of Laws: Adams And Jefferson 1776–1779, James Maxeiner
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America’s rule of law is not working well because many American lawyers confound their rule of law with common law and with common law methods. They overlook the contribution of good legislation to good government. They fixate on judges, judge-made law and procedure. America’s founders, in particular, John Adams and Thomas Jefferson, did not. They were not entranced by common law and by common law methods. This chapter shows how in the first few years of American independence, Adams popularized the term “government of laws” and how Jefferson drafted statutes for a government of laws. Neither of them assigned common …
Costs Of No Codes, James Maxeiner
Costs Of No Codes, James Maxeiner
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Codification is a ubiquitous feature of modern legal systems. Codes are hailed as tools for making law more convenient to find and to apply than law found in court precedents or in ordinary statutes. Codes are commonplace in most countries. The United States is anomalous. It does not have true codes. In the nineteenth and early twentieth centuries, when many countries adopted systematic civil, criminal and procedural codes, the United States considered, but did not adopt such codes.
This Article discusses the absence of codes in American law, identifies American substitutes for codes, relates the history of attempts to create …
Thinking Like A Lawyer Abroad: Putting Justice Into Legal Reasoning, James Maxeiner
Thinking Like A Lawyer Abroad: Putting Justice Into Legal Reasoning, James Maxeiner
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Americans are taking new interest in legal reasoning. Thinking Like a Lawyer: A New Introduction to Legal Reasoning by Professor Frederick Schauer suggests why. According to Schauer, American legal methods often require decision-makers “to do something other than the right thing.” There has got to be a better way.
Now comes a book that offers Americans opportunities to look into a world where legal methods help decision-makers do the right thing. According to Reinhard Zippelius in his newly published Introduction to German Legal Methods, German legal methods help decision makers resolve legal problems “in a just and equitable manner.”
This …