Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Human Rights Law (3)
- Jurisprudence (3)
- Public Law and Legal Theory (3)
- Conflict of Laws (2)
- Courts (2)
-
- Criminal Law and Procedure (2)
- General Law (2)
- International Law (2)
- Law Enforcement and Corrections (2)
- Law and Society (2)
- Legal History (2)
- Politics (2)
- Social Welfare (2)
- Biopolitics (1)
- Civil Law (1)
- Civil Rights and Discrimination (1)
- Collective embodiment (1)
- Comparative and Foreign Law (1)
- Constitutional (1)
- Constitutional Law (1)
- Constitutionalism (1)
- Consumer Protection Law (1)
- Costs (1)
- Court costs (1)
- Criminal justice (1)
- Criminal punishment (1)
- Democracy (1)
- Domestic Relations (1)
- Due Process (1)
- Dworkin and Interpretivism (1)
Articles 1 - 6 of 6
Full-Text Articles in Jurisprudence
Embodying The Population: Five Decades Of Immigrant/Integration Policy In Sweden, Leila Brännström
Embodying The Population: Five Decades Of Immigrant/Integration Policy In Sweden, Leila Brännström
Leila Brännström
Democracy And Torture, Patrick A. Maurer
Democracy And Torture, Patrick A. Maurer
Patrick A Maurer
September 11th spawned an era of political changes to fundamental rights. The focus of this discussion is to highlight Guantanamo Bay torture incidents. This analysis will explore the usages of torture from a legal standpoint in the United States.
The High Price Of Poverty: A Study Of How The Majority Of Current Court System Procedures For Collecting Court Costs And Fees, As Well As Fines, Have Failed To Adhere To Established Precedent And The Constitutional Guarantees They Advocate., Trevor J. Calligan
Trevor J Calligan
No abstract provided.
Do We Know How To Punish?, Benjamin L. Apt
Do We Know How To Punish?, Benjamin L. Apt
Benjamin L. Apt
A number of current theories attempt to explain the purpose and need for criminal punishment. All of them depend on some sort of normative basis in justifying why the state may penalize people found guilty of crimes. Yet each of these theories lacks an epistemological foundation; none of them explains how we can know what form punishments should take. The article analyses the epistemological gaps in the predominant theories of punishment: retributivism, including limited-retributivism; and consequentialism in its various versions, ranging from deterrence to the reparative theories such as restorative justice and rehabilitation. It demonstrates that the common putative epistemological …
The International Criminal Court And Proximity To The Scene Of The Crime: Does The Rome Statute Permit All Of The Icc's Trials To Take Place At Local Or Regional Chambers?, 43 J. Marshall L. Rev. 715 (2010), Stuart K. Ford
Stuart Ford
No abstract provided.
The Principles Of International Law: Interpretivism And Its Judicial Consequences, Gianluigi Palombella
The Principles Of International Law: Interpretivism And Its Judicial Consequences, Gianluigi Palombella
Gianluigi Palombella
Principles are part of international law as much as of other legal orders. Nonetheless, beyond principles referred to the functioning of IL, or the sector related discipline in discrete fields, those fundamental principles identifying the raison d’etre, purpose and value of the legal international order, as a whole, remain much disputed, to say the least. In addressing such a problem, one that deeply affects interpretation and legal adjudication, this article acknowledges the limits and weakness of legal positivism in making sense of the inter- and supra-national legal order(s). It appraises also the novel from the late Ronald Dworkin, concerning …