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Jurisprudence Commons™

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Selected Works

Selected Works

Jurisprudence

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Articles 151 - 158 of 158

Full-Text Articles in Jurisprudence

The Secession Reference And The Limits Of Law, Richard Kay Dec 2002

The Secession Reference And The Limits Of Law, Richard Kay

Richard Kay

When the Supreme Court of Canada issued its judgment on the legality of "unilateral" Quebec secession in August 1998 many Canadians did not know what to make of it. The Court held that the only lawful way in which Quebec might depart the Canadian federation was through one of the amendment mechanisms provided in the Constitution Act 1982. It thus affirmed that Quebec could not secede without the agreement of at least the Houses of the federal Parliament and some number of provincial legislative assemblies. Prime Minister Chretien declared the next day that the judgement was a "victory for all …

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Three Concepts Of Law: The Ambiguous Legacy Of H.L.A. Hart, Brian Slattery Dec 1997

Three Concepts Of Law: The Ambiguous Legacy Of H.L.A. Hart, Brian Slattery

Brian Slattery

No abstract provided.

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Foreword: The Jurisprudence Of Reconstruction, Angela Harris Dec 1993

Foreword: The Jurisprudence Of Reconstruction, Angela Harris

Angela P Harris

No abstract provided.

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The Myth Of Retributive Justice, Brian Slattery Dec 1991

The Myth Of Retributive Justice, Brian Slattery

Brian Slattery

In fairy tales, villains usually come to a bad end, snared in a trap of their own making, or visited with a disaster nicely suited to their particular villainy. Read a story of this kind to children and you will be struck by the profound satisfaction with which this predictable of events is greeted. Yet, if children cheer when the villain is done in, they are just as satisfied when the hero manages to get the villain by the throat but takes pity and spares him. These tales of retribution and mercy, even reduced to their barest bones, seem to …

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Mr. Justice Antonin Scalia: A Renaissance Of Positivism And Predictability In Constitutional Adjudication, Beau James Brock Dec 1990

Mr. Justice Antonin Scalia: A Renaissance Of Positivism And Predictability In Constitutional Adjudication, Beau James Brock

Beau James Brock

This article pinpoints Justice Scalia's judicial methodology and contrasts it with the pragmatism of Justice Sandra Day O'Connor.

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Attempting The Impossible: The Emerging Consensus, Ira P. Robbins Dec 1985

Attempting The Impossible: The Emerging Consensus, Ira P. Robbins

Ira P. Robbins

Impossible attempts are situations in which an actor fails to consummate a substantive crime because he is mistaken about attendant circumstances. Professor Robbins divides mistakes regarding circumstances into three categories: mistakes of fact, mistakes of law, and mistakes of mixed fact and law. Courts and commentators disagree primarily over the identification and treatment of mixed fact law cases. Professor Robbins surveys each category of mistake. He then examines the objective, subjective, and hybrid approaches to dealing with the mixed fact/law category. The objective approach requires an objective manifestation of the actor's intent before conviction is allowed. The subjective approach permits …

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Chinese Encounters, Robert M. Sanger Mar 1981

Chinese Encounters, Robert M. Sanger

Robert M. Sanger

A Review of the book Chinese Encounters by Inge Morath and Arthur Miller. Miller inquired about cultural and legal issues in China as one of the first American intellectuals to be given relatively free access to China since the Mao regime. Inge Morath provided remarkable photographs. The significance was the juxtaposition of Miller's adherence to the Western concept of the Rule of Law with the communitarian values of Chinese culture.

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Jurisprudence "Under-Mind": The Case Of The Atheistic Solipsist, Ira P. Robbins Dec 1977

Jurisprudence "Under-Mind": The Case Of The Atheistic Solipsist, Ira P. Robbins

Ira P. Robbins

Nearly thirty years have passed since the publication of Professor Lon L. Fuller's The Case of the Speluncean Explorers, in which a fictional court expounded upon the manifold ways in which certain harsh necessities, externally imposed upon common people, can test the rules of the criminal law. The instant case is not in- tended to parody the Speluncean Explorers, but rather to complement it with the inverse theme: the singular defendant is a psychologically extraordinary individual existing in a relatively mundane environment. The Atheistic Solipsist provides the opportunity for consideration of the ways internal forces of great intensity can shape …

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