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Full-Text Articles in Legal History
Hegelian Dialectical Analysis Of United States Election Laws, Charles E. A. Lincoln Iv
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 …
A Criminal Moment In Time, Bethel G.A Erastus-Obilo
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
The Books And The Gavel: Law's Image And The Theory Of American Sublime, Pier Giuseppe Monateri
Pier Giuseppe Monateri
No abstract provided.
Law As Referent, Craig G. Bateman
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), …
Colpa E Legge Fra Oriente E Occidente, Pier Giuseppe Monateri
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.