Jurisprudence Commons^™

Legal Research And Legal Concepts: Where Form Molds Substance, Robert C. Berring

Robert Berring

Explores the impact of technological innovations in legal research. Information on the earliest forms of modern legal research materials; Details on the legal literature; Current situation in the field of legal research.

What Is Positive Law, Philippe Nonet

Philippe Nonet

No abstract provided.

Not A System But An Order: Explaining The Legality Of The European Union, Michael Giudice, Keith Culver, Wil Waluchow, François Tanguay-Renaud

François Tanguay-Renaud

Keith Culver, Professor, UniverSud, and Micheal Guidice, Associate Professor of Philosophy, York University, explore the foundations of the legal system of the European Union.

Respondent: Wil Waluchow, McMaster University.

Freedom, Legality, And The Rule Of Law, John A. Bruegger

John A Bruegger

There are numerous interactions between the rule of law and the concept of freedom, looking at Fuller’s eight principles of legality, the positive and negative theories of liberty, coercive and empowering laws, and the formal and substantive rules of law. Adherence to the rules of formal legality promote freedom by creating stability and predictability in the law, on which the people can then rely to plan their behaviors around the law – this is freedom under the law. Coercive laws can actually promote negative liberty up to pulling people out of a Hobbesian state of nature, and then thereafter can …

Hegelian Dialectical Analysis Of United States Election Laws, Charles E. A. Lincoln Iv

Charles E. A. Lincoln IV

This Article uses the dialectical ideas of German philosopher Georg Wilhelm Friedrich Hegel (1770-1833) in application to the progression of United States voting laws since the founding. This analysis can be used to interpret past progression of voting rights in the US as well as a provoking way to predict the future trends in US voting rights. First, Hegel’s dialectical method is established as a major premise. Second, the general accepted history of United States voting laws from the 1770s to the current day is laid out as a minor premise. Third, the major premise of Hegel’s dialectical method weaves …

Ruth Bader Ginsburg's Jurisprudence Of Opportunity And Equality, Deborah Jones Merritt, David M. Lieberman

David Lieberman

No abstract provided.

Remaking Law: Moving Beyond Enlightenment Jurisprudence, John A. Powell, Stephen M. Menendian

john a. powell

The article explores the nature of law based on enlightenment concepts and contemporary jurisprudence. It examines the assumptions that can affect the process of enlightenment. Moreover, the article demonstrates the religious and cultural crisis affecting Western Europe in early seventeenth century which caused the epistemological crisis.

Between Selves And Collectivities: Toward A Jurisprudence Of Identity, Meir Dan-Cohen

Meir Dan-Cohen

No abstract provided.

Rudolf Kjellén: Nordic Biopolitics Before The Welfare State, Markus Gunneflo

Markus Gunneflo

Political Community In Carl Schmitt's International Legal Thinking, Markus Gunneflo

Markus Gunneflo

The Shadows Behind The Law: An Overview Of The Legal System In Ghana, Prince Opoku Agyemang

Prince Opoku Agyemang

Justice Scalia's Jurisprudence, Megim A. Parks

Megim A Parks

This paper analyzes Justice Scalia's decisions and reasonings as to affirmative action, examining closely his rulings regarding what he calls "disparate-impact" discrimination versus "unintentional" discrimination, focusing on cases wherein affirmative action was either questioned or considered.

'Gardens Of Justice': Australian Feminist Law Journal, 2013, Volume 39, Matilda Arvidsson, Leila Brännström, Merima Bruncevic, Leif Dahlberg

Matilda Arvidsson

FOREWARD: GARDENS OF JUSTICE

Matilda Arvidsson, Merima Bruncevic, Leila Brannstrom, Leif Dahlberg

Our Gardens of Justice special themed issue of the Australian Feminist Law Journal grew out of the 2012 Critical Legal Conference in Stockholm and its theme of Gardens of Justice, a conference organised by Matilda Arvidsson, Merima Bruncevic, Leila Brannstrom and Leif Dahlberg. We issued a Call for Papers early in 2013 in which several conference theme questions were repeated. We called for papers devoted to thinking about law and justice as a physical as well as a social environment. The theme suggested a plurality of justice gardens …

Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram

David Ingram

It is well known that Hans Kelsen and Jürgen Habermas invoke realist arguments drawn from social science in defending an international, democratic human rights regime against Carl Schmitt’s attack on the rule of law. However, despite embracing the realist spirit of Kelsen’s legal positivism, Habermas criticizes Kelsen for neglecting to connect the rule of law with a concept of procedural justice (Part I). I argue, to the contrary (Part II), that Kelsen does connect these terms, albeit in a manner that may be best described as functional, rather than conceptual. Indeed, whereas Habermas tends to emphasize a conceptual connection between …

Eating Peas With One’S Fingers: A Semiotic Approach To Law And Social Norms, Bryan H. Druzin

Bryan H. Druzin

Neoliberalism And The Law: How Historical Materialism Can Illuminate Recent Governmental And Judicial Decision Making, Justin Schwartz

Justin Schwartz

Neoliberalism can be understood as the deregulation of the economy from political control by deliberate action or inaction of the state. As such it is both constituted by the law and deeply affects it. I show how the methods of historical materialism can illuminate this phenomenon in all three branches of the the U.S. government. Considering the example the global financial crisis of 2007-08 that began with the housing bubble developing from trade in unregulated and overvalued mortgage backed securities, I show how the repeal of the Glass-Steagall Act, which established a firewall between commercial and investment banking, allowed this …

From Natural Law To Natural Inferiority: The Construction Of Racist Jurisprudence In Early Virginia, Allen P. Mendenhall

Allen Mendenhall

Science informed American jurisprudence during the age of the Revolution. Colonials used science and naturalism to navigate the wilderness, define themselves against the British, and forge a new national identity and constitutional order. American legal historians have long noted the influence of science upon the Founding generation, and historians of American slavery have casually noted the influence of science upon early American racism as organized and standardized in slave codes. This article seeks to synthesize the work of American legal historians and historians of American slavery by showing how natural law jurisprudence, anchored in scientific discourse and vocabulary, brought about …

"Law's Outsiders": An Interview With Alex Sharpe, Linnéa Wegerstad, Niklas Selberg

Linnéa Wegerstad

In May 2012 Alex Sharpe, Professor of Law at Keele University, UK, visited Lund University where she participated in a series of seminars and workshops organised around a central motif in her work: the legal outsider. As part of her visit she presented a version of a paper recently published in the Modern Law Review titled “Transgender Marriage and the Legal Obligation to Disclose Gender History.” The paper focused on and challenged the legal and wider cultural framing of non-disclosure of gender history as harmful and as unethical. The paper is her latest intervention and forms part of a substantial …

"Law's Outsiders": An Interview With Alex Sharpe, Linnéa Wegerstad, Niklas Selberg

Niklas Selberg

In May 2012 Alex Sharpe, Professor of Law at Keele University, UK, visited Lund University where she participated in a series of seminars and workshops organised around a central motif in her work: the legal outsider. As part of her visit she presented a version of a paper recently published in the Modern Law Review titled “Transgender Marriage and the Legal Obligation to Disclose Gender History.” The paper focused on and challenged the legal and wider cultural framing of non-disclosure of gender history as harmful and as unethical. The paper is her latest intervention and forms part of a substantial …

Holmes And Dissent, Allen P. Mendenhall

Allen Mendenhall

Holmes saw the dissent as a mechanism to advance and preserve arguments and as a pageant for wordplay. Dissents, for Holmes, occupied an interstitial space between law and non-law. The thought and theory of pragmatism allowed him to recreate the dissent as a stage for performative text, a place where signs and syntax could mimic the environment of the particular time and place and in so doing become, or strive to become, law. Holmes’s dissents were sites of aesthetic adaptation. The language of his dissents was acrobatic. It acted and reacted and called attention to itself. The more provocative and …

Epilogue, Mary E. Hiscock, William Van Caenegem

Mary Hiscock

Two events were selected by the faculty of law at Bond University to celebrate its twentieth birthday. The first in time was a Symposium on Internationalisation of Law in June 2009, and the second was an invitation to the last Law Man of the Wardaman People, an indigenous clan, to visit the Law School as Artist-in-Residence in September 2009 to depict his Law in a painting, and to explain its significance to the academic and the wider community. The painting will then remain at the Law School.

A Criminal Moment In Time, Bethel G.A Erastus-Obilo

Bethel G.A Erastus-Obilo

Criminal law jurisprudence considers the concepts of motive, intent and the forbidden act integral to the justice process. Throughout the common law jurisdictions, this trio overshadows a central theme that is a precursor to all criminal acts – the idea of a social responsibility continuum or cognitive dependency. While motive is dispositional on a wider application, intent is situational and is a product of one’s socio-cultural experience. The forbidden act, though central to the process, constitutes ‘a faithful mirror of thought’ – the consummation of a deliberate and manipulated cognition. The nexus between the three subjects extends beyond the Cartesan …

The Books And The Gavel: Law's Image And The Theory Of American Sublime, Pier Giuseppe Monateri

Pier Giuseppe Monateri

No abstract provided.

'Mass Of Madness': Jurisprudence In E.M. Forster's A Passage To India, Allen P. Mendenhall

Allen Mendenhall

Law-and-literature scholars have paid scant attention to E. M. Forster’s oeuvre, which abounds in legal information and which situates itself in a unique jurisprudential context. Of all his novels, A Passage to India (1924) interrogates the law most rigorously, especially as it implicates massive programs of ‘liberal’ imperialism and ‘humanitarian’ intervention, as well as less grand but equally dubious legal apparatuses – jail, bail, discovery, courtrooms – that police and pervert Chandrapore, the fictional Indian city in which the novel is set. The study of law in Anglo-India is particularly telling, if troubling, because India served as ‘a model for …

Law As Referent, Craig G. Bateman

C. G. Bateman

In this article I suggest that “the Law,” (hereinafter the LAW) can be most functionally understood as a conglomeration of referent ideals which emanate from the minds of law creators, and are the source of what we regularly understand as laws. I separate from the concept of the LAW the usual suspects of constitutions, codes, acts, and charters, etc. I separate these from their inceptional ideals and suggest we ascribe a label to these familiar kinds of categories such as “lower order laws,” being careful to confine our discussions of them with the exclusive use of a small “l” (law), …

Instituições, Trabalho E Pessoas, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Os especialistas em doenças terminais sabem que ninguém tem saudades, quando abandona a vida, do trabalho que não fez. Tem saudades sim do tempo que não passou com familiares e amigos. A sociedade contemporânea, e algumas instituições "totais" estão a potenciar até ao expoente demencial a exploração e a despersonalização dos trabalhadores, designadamente proletarizando técnicos superiores e técnicos pensantes que, sem ócio criativo, deixarão de criar. É uma crise civilizacional, nada menos.

Colpa E Legge Fra Oriente E Occidente, Pier Giuseppe Monateri

Pier Giuseppe Monateri

The Fault and the Law between East and West. In this article Monateri traces an unpreviewed parallel between two absolutely western paradigms and two remarkably chinese thoughts. First a parallel between Carl Schmitt and Xun Zi when the latter writes that “The superior man is the source of the Law” Secondo economic analysis and Lao Zi theory of law a san emerging order not a predetermined one.

Gunneflo - Demokrati Och Lagprövning: Om Rättfärdigandet Av En Positiv Respektive Negativ Inställning Till Lagprövning [Democracy And Judicial Review: On The Justicfication Of A Positive And A Negative Attitude To Judicial Review In A Democracy], Markus Gunneflo

Markus Gunneflo

Law, Justice, And Power: Between Reason And Will (Stanford University Press), Sinkwan Cheng

Sinkwan Cheng

This is an unprecedented volume that brings together J. Hillis Miller, Julia Kristeva, Slavoj Zizek, Ernesto Laclau, Alain Badiou, Nancy Fraser, and other prominent intellectuals from five countries in seven disciplines to provide fresh perspectives on the new configurations of law, justice, and power in the global age. The work engages and challenges past and present scholarship on current topics in legal studies: globalization, post-colonialism, multiculturalism, ethics, post-structuralism, and psychoanalysis. The book is divided into five parts. The first debates issues of (trans-)national justice and human rights in the global age, focusing on military interventions and refugee policies. Part II …