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Articles 1 - 7 of 7
Full-Text Articles in Legal History
The Magna Carta Turns 800, John Hockenberry, Thomas J. Mcsweeney
The Magna Carta Turns 800, John Hockenberry, Thomas J. Mcsweeney
Thomas J. McSweeney
No abstract provided.
Secrecy In The "Sunshine Era", Sarah Mcconnell, Thomas J. Mcsweeney
Secrecy In The "Sunshine Era", Sarah Mcconnell, Thomas J. Mcsweeney
Thomas J. McSweeney
No abstract provided.
Think You Know A Lot About Our Constitution?, Jesse Rutledge, Allison Orr Larsen
Think You Know A Lot About Our Constitution?, Jesse Rutledge, Allison Orr Larsen
Allison Orr Larsen
You may know that it was signed in Philadelphia in 1787, that the oldest signer was Benjamin Franklin and that it doesn’t include the word “democracy.” William & Mary Law Professor Allison Orr Larsen, an expert in constitutional law, can tell you a lot more about it. With Constitution Day (Sept. 17, 2018) upon us, Professor Larsen talks about the document’s strengths and weaknesses and its major misconceptions. And she discusses what she thinks will have to happen before it is amended again.
Four Concepts Of Validity: Further Reflections On The Inclusive/Exclusive Positivism Debate, Will Waluchow, Leslie Green, Michael Guidice, François Tanguay-Renaud
Four Concepts Of Validity: Further Reflections On The Inclusive/Exclusive Positivism Debate, Will Waluchow, Leslie Green, Michael Guidice, François Tanguay-Renaud
François Tanguay-Renaud
Wil Waluchow, McMaster University, discusses four concepts of legal validity and how these might help understand the role of constitutional moral tests for legal validity.
Respondent: Les Green Osgoode Hall Law School/Oxford University
The Duty To Make Amends To Victims Of Armed Conflict, Scott T. Paul
The Duty To Make Amends To Victims Of Armed Conflict, Scott T. Paul
Scott T Paul
In the past decade, calls for monetary payments by warring parties to the civilians they harm have become significantly louder and more prominent. The law of armed conflict permits parties to harm civilians, so long as the harm is not excessive to the concrete and direct military advantage they anticipate gaining through an attack. This paper examines the current state of international law regarding duties owed to victims suffering harm as a result of lawful combat operations and discusses the moral obligations owed to them by the parties who cause them harm. The paper notes that civilians who suffer incidental …
The Judicial Invention Of Property Norms: Ellickson's Whalemen Revisited, Robert Deal
The Judicial Invention Of Property Norms: Ellickson's Whalemen Revisited, Robert Deal
Robert C. Deal
Between “Metaphysics Of The Stone Age” And The “Brave New World”: H.L.A. Hart On The Law’S Assumptions About Human Nature, Péter Cserne
Between “Metaphysics Of The Stone Age” And The “Brave New World”: H.L.A. Hart On The Law’S Assumptions About Human Nature, Péter Cserne
Péter Cserne
This paper analyses H.L.A. Hart’s views on the epistemic character of the law’s assumptions about human behaviour, as articulated in Causation in the Law and Punishment and Responsibility. Hart suggests that the assumptions behind legal doctrines typically combine common sense factual beliefs, moral intuitions, and philosophical theories of earlier ages with sound moral principles, and empirical knowledge. An important task of legal theory is to provide a ‘rational and critical foundation’ for these doctrines. This does not only imply conceptual clarification in light of an epistemic ideal of objectivity but also involves legal theorists in ‘enlightenment’ about empirical facts, ‘demystification’ …