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Articles 1 - 13 of 13
Full-Text Articles in Law and Society
Korean Attitues Towards Law, Chan Jin Kim
Korean Attitues Towards Law, Chan Jin Kim
Washington International Law Journal
Transformation is the key word to explain the Korean attitudes towards law. In the early 1950's, nation building gave impetus to economic growth and allowed Korea to quickly pass through the preliminary stages of development. Industrialization, urbanization and eventual emigration of the populace have, in many senses, displaced the traditional social value system based on Confucianism. However, a new value system has yet to take hold. The lack of such guidelines has left Koreans in a state of confusion in a world that continues to change. The Korean Constitution clearly mandates equal protection under the laws for all Koreans. However, …
Karo Kari: Honor Killing, Wendy M. Gonzalez
Karo Kari: Honor Killing, Wendy M. Gonzalez
Buffalo Women's Law Journal
No abstract provided.
Article Reviewed: "Kündigungsschutz In Deutschland Und Den Usa", Thomas Kohler
Article Reviewed: "Kündigungsschutz In Deutschland Und Den Usa", Thomas Kohler
Thomas C. Kohler
No abstract provided.
Kündigungsschutz In Deutschland Und Den Usa, Thomas Kohler, Michael Kittner
Kündigungsschutz In Deutschland Und Den Usa, Thomas Kohler, Michael Kittner
Thomas C. Kohler
No abstract provided.
Of Enchantment: The Passing Of The Ordeals And The Rise Of The Jury Trial, Trisha Olson
Of Enchantment: The Passing Of The Ordeals And The Rise Of The Jury Trial, Trisha Olson
Trisha Olson
No abstract provided.
Review Essay: Martin Van Creveld,* The Rise And Decline Of The State (Cambridge: Cambridge University Press, 1999), Thomas D. Grant
Review Essay: Martin Van Creveld,* The Rise And Decline Of The State (Cambridge: Cambridge University Press, 1999), Thomas D. Grant
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Law And Values In Governance: The Singapore Way, Eugene K. B. Tan
Law And Values In Governance: The Singapore Way, Eugene K. B. Tan
Research Collection Yong Pung How School Of Law
The article examines the role of law and the legal system in catalysing Singapore's development success. It argues that there is a dichotomy in the approach with regard to commercial law and law relating to individual freedom and rights and civil society. Universalism characterises the treatment of commercial laws while cultural relativism and a communitarian-based understanding of rights and obligations are features of the law relating to the rights of the individual. Instrumentalism, driven by a particularistic 'communitarian' political philosophy underpinned by strong Confucianist values, is very much motivated by the need for good governance as a prerequisite for economic …
A Proposal For Comparative Responsibility Analysis In Comparative Negligence Jurisdictions, Joel Leslie Terwilliger
A Proposal For Comparative Responsibility Analysis In Comparative Negligence Jurisdictions, Joel Leslie Terwilliger
LLM Theses and Essays
Part II of this thesis discusses the common law background of the assumption of risk and how it fits into the scheme of negligence principles as an affirmative defense. Part II also examines the background of assumption of risk and parallels its development with contributory negligence principles. Part III looks at how the assumption of risk has been redefined and narrowed in its application as comparative fault principles gained favor. It includes an examination of statutory erosion and in modern judicial activism. Next, Part IV examines how the assumption of risk, particularly the secondary form, conflicts with comparative fault and …
Benign Hegemony? Kosovo And Article 2(4) Of The U.N. Charter, Jules Lobel
Benign Hegemony? Kosovo And Article 2(4) Of The U.N. Charter, Jules Lobel
Articles
The 1999 U.S.-led, NATO-assisted air strike against Yugoslavia has been extolled by some as leading to the creation of a new rule of international law permitting nations to undertake forceful humanitarian intervention where the Security Council cannot act. This view posits the United States as a benevolent hegemon militarily intervening in certain circumstances in defense of such universal values as the protection of human rights. This article challenges that view. NATO's Kosovo intervention does not represent a benign hegemony introducing a new rule of international law. Rather, the United States, freed from Cold War competition with a rival superpower, is …
Critical Hermeneutics: The Intertwining Of Explanation And Understanding As Exemplified In Legal Analysis, George H. Taylor
Critical Hermeneutics: The Intertwining Of Explanation And Understanding As Exemplified In Legal Analysis, George H. Taylor
Articles
One of the most vexing questions in hermeneutics is whether it can be critical-whether it can engage in critique. In Part I of this Article, I show how within legal hermeneutics the element of critique is present even within those forms of legal interpretation most adherent to stances of "understanding." Here I concentrate on the work of Robert Bork and Justice Antonin Scalia and demonstrate how distance, separation, critique is present within their theories. In Part II, I reverse emphases and show how elements of "understanding" persist within legal theories most avowedly reliant on forms of "explanation." My exemplar here …
Conditioning Expectations: The Protection Of The Employment Bond In German And American Law, Thomas Kohler, Michael Kittner
Conditioning Expectations: The Protection Of The Employment Bond In German And American Law, Thomas Kohler, Michael Kittner
Thomas C. Kohler
According to many observers, one of the critical factors accounting for the unprecedented economic growth that the United States enjoyed during the past decade is a regulatory regime that places few restrictions on an employer's ability to shed unwanted employees. Similarly, the slower economic growth that Germany and Europe experienced during this period often is attributed to elaborate employment protection schemes that restrict the ability of employers to discharge undesired workers. These protections are blamed for making countries like Germany less attractive places for foreign investment. This piece examines in comparative perspective the restrictions the American and German regulatory schemes …
The Integrity Of Unrestricted Desire: Community, Values, And The Problem Of Personhood, Thomas Kohler
The Integrity Of Unrestricted Desire: Community, Values, And The Problem Of Personhood, Thomas Kohler
Thomas C. Kohler
No abstract provided.
Autonomy And Personhood: The Implications For Labor And Employment Law, Thomas Kohler
Autonomy And Personhood: The Implications For Labor And Employment Law, Thomas Kohler
Thomas C. Kohler
No abstract provided.