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Legal Rhetoric And Revolutionary Change, Richard Kay
Legal Rhetoric And Revolutionary Change, Richard Kay
Richard Kay
If we define revolutionary change as the alteration of fundamental political arrangements in ways inconsistent with accepted understandings of law, we would not expect to find the invocation of law in justification of that change. In fact, however, such justification is not uncommon. This paper examines three cases exposing differing attitudes to legal justification of revolution-- the English Revolution of 1688-89, the secession of the Southern states at the beginning of the American Civil War and the Bolshevik revolution of 1917. In each case the paper describes the revolutionaries' use of legal language. It then shows how the use or …
The Non-Adversarial, Extra-Judicial Search For Legality And Truth: Foreign Notarial Transactions As An Inexpensive And Reliable Model For A Market-Driven System Of Informed Contracting And Fact-Determination, Pedro A. Malavet
Pedro A. Malavet
Notarial transactions are specialized contracts, which in most of the world are written and certified by a legal professional known as a notary, who obviously is not the U.S. notary public. These, in effect, lawyers, practice a liberal profession so endowed of the public trust that they are expressly made alternatives to judicial proceedings. Hence, the notarial form is an extra-judicial certification of legality and truth, often comparable to our court judgments. This system guarantees honesty and legality while avoiding or resolving disputes, at a very low cost, when compared to American law practice and certainly when compared to litigation.