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Articles 31 - 50 of 50
Full-Text Articles in Jurisprudence
La Democracia Deliberativa A Debate, Leonardo García Jaramillo
La Democracia Deliberativa A Debate, Leonardo García Jaramillo
Leonardo García Jaramillo
No abstract provided.
American Legal Realism: Sound And Fury Signifying Nothing?, Wouter H. De Been
American Legal Realism: Sound And Fury Signifying Nothing?, Wouter H. De Been
Wouter H. de Been
No abstract provided.
Children's Oppression, Rights And Liberation, Samantha Godwin
Children's Oppression, Rights And Liberation, Samantha Godwin
Samantha Godwin
This paper advances a radical and controversial analysis of the legal status of children. I argue that the denial of equal rights and equal protection to children under the law is inconsistent with liberal and progressive beliefs about social justice and fairness. In order to do this I first situate children’s legal and social status in its historical context, examining popular assumptions about children and their rights, and expose the false necessity of children’s current legal status. I then offer a philosophical analysis for why children’s present subordination is unjust, and an explanation of how society could be sensibly and …
Psychopathy And Culpability: How Responsible Is The Psychopath For Criminal Wrongdoing?, Reid G. Fontaine Jd, Phd
Psychopathy And Culpability: How Responsible Is The Psychopath For Criminal Wrongdoing?, Reid G. Fontaine Jd, Phd
Reid G. Fontaine
Recent research into the psychological and neurobiological underpinnings of psychopathy has raised the question of whether, or to what degree, psychopaths should be considered morally and criminally responsible for their actions. In this article we review the current empirical literature on psychopathy, focusing particularly on deficits in moral reasoning, and consider several potential conclusions that could be drawn based on this evidence. Our analysis of the empirical evidence on psychopathy suggests that while psychopaths do not meet the criteria for full criminal responsibility, they nonetheless retain some criminal responsibility. We conclude, by introducing the notion of rights as correlative, that …
Contract Law: Trends And Shifts In 2010, Dr. Yehuda Adar
Contract Law: Trends And Shifts In 2010, Dr. Yehuda Adar
Yehuda Adar Dr.
-This Article is in Hebrew- This paper presents an overview of some of the main developments in the general body of contract law in Israel during the 2009-2010 law-year and examines their possible impact on the rights of contracting parties. The author claims that these developments reflect a general pattern that characterized Israeli contract law in recent decades: On the one hand, a continuous, step-by-step progress is observed in numerous cases in which the Supreme Court introduced minor changes into existing rules or made an effort to clarify and improve the existing doctrine. Such developments are seen, for example, in …
Restitution, Compensation, Accumulation Of Remedies And Freedom Of Contract (An Analysis Of Supreme Court Civil Appeal No. 4630/04, Rendered 13.12.2006), Dr. Yehuda Adar, Dr. Moshe Gelbard
Restitution, Compensation, Accumulation Of Remedies And Freedom Of Contract (An Analysis Of Supreme Court Civil Appeal No. 4630/04, Rendered 13.12.2006), Dr. Yehuda Adar, Dr. Moshe Gelbard
Yehuda Adar Dr.
- This article is in Hebrew- This article examines focal issues in the law of remedies, in light of the Supreme Court judgment in the case of Kanyonin Nechasim uVinyan Ltd. v. Beney Ya'acov (2006). The case involved a contract for the sale of land. The contract empowered the seller, in case of termination following a fundamental breach by the buyer, to keep certain amounts of money paid under the contract and, in addition, to demand liquidated damages for the same breach. The main issue concerned the right of the seller, who terminated the contract and regained possession of the …
The Reform Of The Standard Contracts Statute – A Critical Commentary, Dr. Yehuda Adar, Dr. Moshe Gelbard
The Reform Of The Standard Contracts Statute – A Critical Commentary, Dr. Yehuda Adar, Dr. Moshe Gelbard
Yehuda Adar Dr.
-This article is in Hebrew-
Lobbying And The Democratic Process, Moshe Cohen-Eliya, Yoav Hammer
Lobbying And The Democratic Process, Moshe Cohen-Eliya, Yoav Hammer
Yoav Hammer
No abstract provided.
Distributive Justice Before The Eighteenth Century: The Right Of Necessity, Siegfried Van Duffel, Dennis Yap
Distributive Justice Before The Eighteenth Century: The Right Of Necessity, Siegfried Van Duffel, Dennis Yap
Siegfried Van Duffel
Until recently, few people would have doubted that the idea of distributive justice is old, indeed ancient. Several authors have now challenged this assumption. Most prominently, Samuel Fleischacker argued that distributive justice originates in the eighteenth century. If accurate, this would upset much of what we have taken for granted about an important part of the history of Western political thought. However, the thesis is manifestly flawed. And since that it has already proven influential, it is important to set the record straight. We will focus on the principle of extreme necessity, developed in twelfth and thirteenth century canon law, …
Law In High Heels: Performativity, Alterity, And Aesthetics, Monica Lopez Lerma
Law In High Heels: Performativity, Alterity, And Aesthetics, Monica Lopez Lerma
Monica Lopez Lerma
Pedro Almodovar's High Heels (the original Spanish title, Tacones Lejanos, literally means "distant heels") is a 1991 postmodern film that celebrates performance, fluidity, and fragmentation as ways of being in and understanding the world. In a generic combination of melodrama, comedy, musical, and film noir, High Heels tells the story of a turbulent mother-daughter relationship, and a judge's criminal investigation following the murder of the daughter's husband (who also happens to be the mother's former lover). In recent years, Almodovar's film has received the attention of Orit Kamir, a law-and-film feminist scholar who opens up a refreshing line of inquiry. …
The Promise And Paradox Of Max Weber's Legal Sociology: The "Categories Of Legal Thought" As Types Of Meaningful Action And The Persistence Of The Problem Of Judicial Legisaltion, Faisal Chaudhry
Faisal Chaudhry
Unsurpassed in its ambition and historical scope, Max Weber's legal sociology centers around the four "categories of legal thought" that follow from his distinction between formal and substantive modes of rationality and irrationality in the conduct of lawfinding and lawmaking activity. At the same time, Weber's general sociology is built around four ideal types of possible meaningful conduct by individual actors, ranging from the instrumentally rational to the affective. Despite its visibility, the lack of meaningful connection Weber makes between these two categorical schemes has never adequately been remedied or even explained by his inheritors. This article seeks to do …
A Propósito Del Giro Historiográfico En Derecho Internacional, Ignacio De La Rasilla Del Moral
A Propósito Del Giro Historiográfico En Derecho Internacional, Ignacio De La Rasilla Del Moral
Ignacio de la Rasilla del Moral, Ph.D.
Illiteracy rate in Spain at the turn of the 20th century was of 63.8% and 16.000 students - out of a total Spanish population of 18.6 million - attended the 10 existing Spanish universities. 2.000 university titles were accorded, half of which in Law in 1900, and 200 students obtained their doctorates by the Central University of Madrid which held the academic monopoly of doctoral studies at the time. In 1902, the Bulletin of the Institution of Free Teaching published a chronicle signed by Aniceto Sela y Sampil on the didactic methods he employed to teach Public and Private International …
Law Is Not (Best Considered) An Essentially Contested Concept, Kenneth M. Ehrenberg
Law Is Not (Best Considered) An Essentially Contested Concept, Kenneth M. Ehrenberg
Kenneth M Ehrenberg
I argue that law is not best considered an essentially contested concept. After first explaining the notion of essential contestability and disaggregating the concept of law into several related concepts, I show that the most basic and general concept of law does not fit within the criteria generally offered for essential contestation. I then buttress this claim with the additional explanation that essential contestation is itself a framework for understanding complex concepts and therefore should only be applied when it is useful to gain a greater understanding of uses of the concept to which it is applied (adducing criteria for …
Thoughts On The Divergence Of Contract And Promise, Ian C. Bartrum
Thoughts On The Divergence Of Contract And Promise, Ian C. Bartrum
Ian C Bartrum
This essay offers some brief thoughts on Seana Shiffrin's recent work regarding the divergence of contractual and promissory norms. I conclude that Shiffrin does not do enough to separate and account for the different consequentalist and deontological justifications underlying each institution, and does not do enough to explain how promises give rise to the "moral" duties she posits. I suggest, instead, that the divergence between contract and promise is justified by the different roles each institution plays in our lives, and that, in fact, keeping strictly promissory duties outside the scope of state coercion actually facilitates a strong culture of …
Why The Demands Of Formalism Will Prevent New Originalism From Furthering Conservative Political Goals, Daniel Hornal
Why The Demands Of Formalism Will Prevent New Originalism From Furthering Conservative Political Goals, Daniel Hornal
Daniel Hornal
Proponents of New Originalism propose that their modifications solve the indeterminacy and predictability problems inherent in early conceptions of originalism. This paper argues that excluding extrinsic evidence and relying only on the formal implications of the text merely switches one indeterminacy and predictability problem for another. Rules inherently carry implications unknown to rule writers. In the case of open-textured rules such as those in the Constitution, a broad reading can occupy whole fields of law, whereas a narrow reading can have almost no real-world effects. Because they must ignore extrinsic evidence, new originalists are almost unbound in their choice of …
Law And Society Jurisprudence, Daphna Hacker
Innovation Cooperation: Energy Biosciences And Law, Prof. Elizabeth Burleson
Innovation Cooperation: Energy Biosciences And Law, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
This Article analyzes the development and dissemination of environmentally sound technologies that can address climate change. Climate change poses catastrophic health and security risks on a global scale. Universities, individual innovators, private firms, civil society, governments, and the United Nations can unite in the common goal to address climate change. This Article recommends means by which legal, scientific, engineering, and a host of other public and private actors can bring environmentally sound innovation into widespread use to achieve sustainable development. In particular, universities can facilitate this collaboration by fostering global innovation and diffusion networks.
El Triunfo De La República Liberal Y La Constitución Poblana De 1861, Alejandro G. Escobedo Rojas, Juan Pablo Salazar Andreu
El Triunfo De La República Liberal Y La Constitución Poblana De 1861, Alejandro G. Escobedo Rojas, Juan Pablo Salazar Andreu
Alejandro G Escobedo Rojas
No abstract provided.
Cancun Climate Negotiations, Prof. Elizabeth Burleson
Cancun Climate Negotiations, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
The United Nations Climate Change Conference, held from November 29 to December 11, 2010, in Cancún, Mexico, relaunched the United Nation's multilateral facilitation role.
American Constitutional Law, Otis Stephens