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Articles 1 - 14 of 14

Full-Text Articles in Legal History

Rethinking Economic Governance: A Naturalistic Cosmopolitan Jurisprudence, Kevin T. Jackson Mar 2013

Rethinking Economic Governance: A Naturalistic Cosmopolitan Jurisprudence, Kevin T. Jackson

Boston College International and Comparative Law Review

This Article seeks to develop a frame of reference for comprehending legitimacy structures in emerging global economic governance regimes. To that end, it provides, in contradistinction from positivist and pragmatist approaches, an alternative normative justificatory framework for soft law. As its very name suggests, soft law is a law-like phenomenon, distinct from classical notions of law, yet no less significant, and hence worthy of receiving systematic moral analysis. It is therefore reasonable to draw upon philosophy of law as an intellectual resource for undertaking such a conceptual endeavor. Accordingly, this Article examines philosophical justifications for evolving soft law syndicates that ...


Erecting New Constitutional Cultures: The Problems And Promise Of Constitutionalism Post-Arab Spring, John Liolos Mar 2013

Erecting New Constitutional Cultures: The Problems And Promise Of Constitutionalism Post-Arab Spring, John Liolos

Boston College International and Comparative Law Review

Constitutions contain two types of elements: functional and aspirational. The functional elements establish the institutions that comprise the state and the pragmatic rules of governance—the “constitution in practice.” Aspirational elements articulate the nation’s commitment to the higher principles and ideals it seeks to attain. In a well-ordered state, a constitution’s aspirational elements provide the true north for the nation’s compass, and the functional elements adequately pursue those ends. If the functional components of a constitution cannot or do not adequately pursue the nation’s stated aspirations, the constitution, the government, and the rule of law are ...


Love It Or Hate It, But For The Right Reasons: Pragmatism And The New Haven School's International Law Of Human Dignity, Hengameh Saberi Jan 2012

Love It Or Hate It, But For The Right Reasons: Pragmatism And The New Haven School's International Law Of Human Dignity, Hengameh Saberi

Boston College International and Comparative Law Review

This Article presents a novel understanding of pragmatism in the New Haven School of international law. The New Haven Jurisprudence is wrapped in layers of mystification and the scant accounts of its pragmatism in the literature are either entirely mistaken or only partially helpful, betray a vernacular or truncated understanding of pragmatism, and fail to engage with the internal, epistemic structure of the policy-oriented jurisprudence. In response, this Article uncovers a contradictory form of foundationalist pragmatism in the Yale Jurisprudence in a peculiar relationship between its contextualist and problem-solving promises and its unreflective normative commitments to a set of postulated ...


The Role Of History And Culture In Developing Bankruptcy And Insolvency Systems: The Perils Of Legal Transplantation, Nathalie Martin Dec 2005

The Role Of History And Culture In Developing Bankruptcy And Insolvency Systems: The Perils Of Legal Transplantation, Nathalie Martin

Boston College International and Comparative Law Review

In this Article, Professor Nathalie Martin examines societal attitudes toward debt and financial failure in the context of two global trends, the liberalization of bankruptcy and insolvency laws, and the increased availability of consumer credit around the world. The Article begins with a description of the history of the U.S. economy, its risk-oriented capitalist ethos, its consumer culture, and its resulting consumer and business bankruptcy laws. The Article next briefly addresses the personal bankruptcy systems of Continental Europe, noting that in some places, U.S.-style bankruptcy systems have been enacted but not necessarily accepted. Professor Martin then discusses ...


Indigenous Law In North America In The Wake Of Conquest, James W. Zion, Robert Yazzie Dec 1997

Indigenous Law In North America In The Wake Of Conquest, James W. Zion, Robert Yazzie

Boston College International and Comparative Law Review

No abstract provided.


German Criminal Justice As A Guide To American Law Reform: Similar Problems, Better Solutions?, Richard S. Frase, Thomas Weigend Aug 1995

German Criminal Justice As A Guide To American Law Reform: Similar Problems, Better Solutions?, Richard S. Frase, Thomas Weigend

Boston College International and Comparative Law Review

No abstract provided.


New Foreign Investment Regimes Of Russia And Other Republics Of The Former U.S.S.R.: A Legislative Analysis And Historical Perspective, William G. Frenkel, Michael Y. Sukham Aug 1993

New Foreign Investment Regimes Of Russia And Other Republics Of The Former U.S.S.R.: A Legislative Analysis And Historical Perspective, William G. Frenkel, Michael Y. Sukham

Boston College International and Comparative Law Review

No abstract provided.


The French Declaration Of The Rights Of Man And Of Citizens Of 1789, The Reign Of Terror, And The Revolutionary Tribunal Of Paris, Vincent Robert Johnson Dec 1990

The French Declaration Of The Rights Of Man And Of Citizens Of 1789, The Reign Of Terror, And The Revolutionary Tribunal Of Paris, Vincent Robert Johnson

Boston College International and Comparative Law Review

No abstract provided.


Aspects Of Saudi Arabian Law And Practice, Joseph L. Brand Dec 1986

Aspects Of Saudi Arabian Law And Practice, Joseph L. Brand

Boston College International and Comparative Law Review

No abstract provided.


Law As A Tool Of Social Engineering: The Case Of The Republic Of South Africa, Lee W. Potts Dec 1982

Law As A Tool Of Social Engineering: The Case Of The Republic Of South Africa, Lee W. Potts

Boston College International and Comparative Law Review

No abstract provided.


The Importance Of Roman Law For Western Civilization And Western Legal Thought, Franz Wieacker Sep 1981

The Importance Of Roman Law For Western Civilization And Western Legal Thought, Franz Wieacker

Boston College International and Comparative Law Review

No abstract provided.


The Practice Of Extradition From Antiquity To Modern France And The United States: A Brief History, Christopher L. Blakesley May 1981

The Practice Of Extradition From Antiquity To Modern France And The United States: A Brief History, Christopher L. Blakesley

Boston College International and Comparative Law Review

No abstract provided.


Doing Business In Saudi Arabia By Nicholas A. Abraham, Noel J. Augustyn May 1981

Doing Business In Saudi Arabia By Nicholas A. Abraham, Noel J. Augustyn

Boston College International and Comparative Law Review

No abstract provided.


Mexican Commercial Law, 1854-1884, Robert C. Means Jan 1979

Mexican Commercial Law, 1854-1884, Robert C. Means

Boston College International and Comparative Law Review

No abstract provided.