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Full-Text Articles in Legal History
Sejarah Dan Perkembangan Perdagangan Bebas Internasional, Dony Prananda
Sejarah Dan Perkembangan Perdagangan Bebas Internasional, Dony Prananda
"Dharmasisya” Jurnal Program Magister Hukum FHUI
This paper discusses history of world free trade after the second world war has a very long and winding history, which is also colored by the formation of international trade organizations, in which many countries who involved have antinomy thoughts, where some of them feel the world of trade needs a free trade system, resulting to negotiations and various forms of compromise. Entering the era of globalization marked by the birth of various kinds of multilateral and bilateral agreements as well as the formation of economic blocs clearly shows the relationship or linkages and dependencies between nations and people around …
Out Of Sight, Out Of Mind: Analyzing Inhumane Practices In Mississippi’S Correctional Institutions Due To Overcrowding, Understaffing, And Diminished Funding, Ariel A. Williams
Out Of Sight, Out Of Mind: Analyzing Inhumane Practices In Mississippi’S Correctional Institutions Due To Overcrowding, Understaffing, And Diminished Funding, Ariel A. Williams
Honors Theses
The purpose of this research is to examine the political, social, and economic factors which have led to inhumane conditions in Mississippi’s correctional facilities. Several methods were employed, including a comparison of the historical and current methods of funding, staffing, and rehabilitating prisoners based on literature reviews. State-sponsored reports from various departments and the legislature were analyzed to provide insight into budgetary restrictions and political will to allocate funds. Statistical surveys and data were reviewed to determine how overcrowding and understaffing negatively affect administrative capacity and prisoners’ mental and physical well-being. Ultimately, it may be concluded that Mississippi has high …
The History, Meaning, And Use Of The Words Justice And Judge, Jason Boatright
The History, Meaning, And Use Of The Words Justice And Judge, Jason Boatright
St. Mary's Law Journal
The words justice and judge have similar meanings because they have a common ancestry. They are derived from the same Latin term, jus, which is defined in dictionaries as “right” and “law.” However, those definitions of jus are so broad that they obscure the details of what the term meant when it formed the words that eventually became justice and judge. The etymology of jus reveals the kind of right and law it signified was related to the concepts of restriction and obligation. Vestiges of this sense of jus survived in the meaning of justice and judge. …
Reflections On Freedom And Criminal Responsibility In Late Twentieth Century American Legal Thought, Thomas A. Green, Merrill Catharine Hodnefield
Reflections On Freedom And Criminal Responsibility In Late Twentieth Century American Legal Thought, Thomas A. Green, Merrill Catharine Hodnefield
Articles
It is now a commonplace among historians that American criminal jurisprudence underwent a dramatic change something like two-thirds to three-quarters into the last century. Roughly, this development is understood as a shift (or drift) from a more-or-less pure consequentialism to a "mixed theory" wherein retributivism played a major-at times, dominant-role. As the new paradigm remains intact, now approaching a half-century, the development qualifies as a significant historical fact. The fact applies not only to the history of justification for punishment but also to conceptions of the underlying principle of (basis for) responsibility. The two are rightly distinguished: for many scholars …
Theorizing American Freedom, Anthony O'Rourke
Theorizing American Freedom, Anthony O'Rourke
Michigan Law Review
Some intellectual concepts once central to America's constitutional discourse are, for better and worse, no longer part of our political language. These concepts may be so alien to us that they would remain invisible without carefully reexamining the past to challenge the received narratives of America's constitutional development. Should constitutional theorists undertake this kind of historical reexamination? If so, to what extent should they be willing to stray from the disciplinary norms that govern intellectual history? And what normative aims can they reasonably expect to achieve by exploring ideas in our past that are no longer reflected in the Constitution's …
Review Of Explaining The English Revolution: Hobbes And His Contemporaries, Donald J. Herzog
Review Of Explaining The English Revolution: Hobbes And His Contemporaries, Donald J. Herzog
Reviews
The explosion of primary texts from seven- teenth-century England continues to trigger an explosion of scholarly treatments today. For good reason, too: Lots of the primary texts are amazing, and not just those tired old warhors- es, Hobbes's Leviathan and Locke's Second Treatise. As fun and challenging as the primary texts are, you are forgiven a touch of skepticism if you wonder just what the latest author has to add to our understanding. You might redouble your skepticism if you just glance at Mark Stephen Jendrysik's table of contents, offering chapters on Winstanley, Milton, Cromwell, Filmer, and Hobbes, and zeroing …
Review Of Political Discourse In Early Modern Britain, Donald J. Herzog
Review Of Political Discourse In Early Modern Britain, Donald J. Herzog
Reviews
This is a festschrift for the indefatigable J. G. A. Pocock (indefatigable indeed: the volume closes with a daunting nine-page bibliography of Pococks work to date, a veritable flood of erudition that shows no signs of ebbing). The essays are better than what usually end up stuck in such volumes: better as a simple matter of scholarly quality, but better too as exemplary models of what is distinctive in Pocock's approach. I suppose that at this price, no one will consider asking impoverished graduate students to purchase the volume. But there are always reserve desks, not to mention xerox machines …
Moral Foundations Of Constitutional Thought: Current Problems, Augustinian Prospects, Arthur J. Burke
Moral Foundations Of Constitutional Thought: Current Problems, Augustinian Prospects, Arthur J. Burke
Michigan Law Review
A Review of Moral Foundations of Constitutional Thought: Current Problems, Augustinian Prospects by Graham Walker
Review Of Transforming Political Discourse, Donald J. Herzog
Review Of Transforming Political Discourse, Donald J. Herzog
Reviews
Political theorists are almost always fond of giving each other home- work assignments but not generally fond of completing them. The opening salvo in a promised three-volume campaign to redefine the tasks of political theory, Transforming Political Discourse might seem to invite more weary shrugs. Surely, we have too many manifestos already. Well, yes -but this one, happily, is modest, sensible, and mercifully brief. Better yet, its brevity is positively austere in sketching the metadescription of what the promised land looks like. The argument actually hangs on a series of show-and-tell exercises, which are supposed to be applications of the …
One Philosophy For An American Revolution, Paul K. Conkin
One Philosophy For An American Revolution, Paul K. Conkin
Michigan Law Review
A Review of The Philosophy of the American Revolution by Morton White