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Articles 1 - 6 of 6
Full-Text Articles in Jurisprudence
China's Post-Modern Legal Research And Its Prospects(中国的后现代法学研究及其前景), Meng Hou
China's Post-Modern Legal Research And Its Prospects(中国的后现代法学研究及其前景), Meng Hou
Hou Meng
No abstract provided.
Rights Of Inequality: Rawlsian Justice, Equal Opportunity, And The Status Of The Family, Justin Schwartz
Rights Of Inequality: Rawlsian Justice, Equal Opportunity, And The Status Of The Family, Justin Schwartz
Justin Schwartz
Is the family subject to principles of justice? In A Theory of Justice, John Rawls includes the (monogamous) family along with the market and the government as among the "basic institutions of society" to which principles of justice apply. Justice, he famously insists, is primary in politics as truth is in science: the only excuse for tolerating injustice is that no lesser injustice is possible. The point of the present paper is that Rawls doesn't actually mean this. When it comes to the family, and in particular its impact on fair equal opportunity (the first part of the the Difference …
Arguments In Favour Of A Functional Theory Of Fundamental Rights, Gianluigi Palombella
Arguments In Favour Of A Functional Theory Of Fundamental Rights, Gianluigi Palombella
Gianluigi Palombella
The article suggests a relational concept of fundamental rights. This concept
enhances the «functional» rôle played by some of the rights in the system of a state
governed by the rule of law, rather than an ethical universality or a substantial content
coinciding with any list of «human» rights. Fundamental rights belong to the fundamental
(ideal, substantice and normative) criteria of recognition/selection of actions and norms in
the institutional/normative practice of a legal order. Given this premise, the work analyses
some relevant issues: universal-fundamental nexus, property rights, liberty rights, social
rights. Fundamental rights refuse any rigid classification which identifies and …
Intellectual Property, Electronic Commerce And The Preliminary Draft Hague Jurisdiction And Judgments Convention, Ronald A. Brand
Intellectual Property, Electronic Commerce And The Preliminary Draft Hague Jurisdiction And Judgments Convention, Ronald A. Brand
Articles
On October 30, 1999, a Special Commission of the Hague Conference on Private International Law adopted a Preliminary Draft Convention on Jurisdiction and Foreign Judgments in Civil and Commercial Matters ("Preliminary Draft Convention," or "PDC") which was further developed in June of 2001.Originally scheduled for a final diplomatic conference in the fall of 2000, the negotiating process was delayed as a result of serious questions raised about the draft language.
After a discussion of the history of the convention, this paper presents a review of the Preliminary Draft Convention text, describing its structure and scope. It then provides a focus …
Toward A Comparative Economics Of Plea Bargaining (With Thomas Miceli), Richard Adelstein
Toward A Comparative Economics Of Plea Bargaining (With Thomas Miceli), Richard Adelstein
Richard Adelstein
A comparison of adversarial and inquisitorial approaches to criminal adjudication and its implications for plea bargaining.
Keeping Feminism In Its Place: Sex Segregation And The Domestication Of Female Academics, Nancy Levit
Keeping Feminism In Its Place: Sex Segregation And The Domestication Of Female Academics, Nancy Levit
Nancy Levit
The thesis of Keeping Feminism in Its Place is that women are being "domesticated" in the legal academy. This occurs in two ways, one theoretical and one very practical: denigration of feminism on the theoretical level and sex segregation of men and women on the experiential level intertwine to disadvantage women in academia in complex and subtle ways.
The article examines occupational sex segregation and role differentiation between male and female law professors, demonstrating statistically that in legal academia, women are congregated in lower-ranking, lower-paying, lower-prestige positions. It also traces how segregation by sex persists in substantive course teaching assignments. …