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Articles 1 - 4 of 4
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 …
Opportunism As Crucible: Rethinking Equity In View Of Reliance Interests And Legal Evolution, John Ehrett
Opportunism As Crucible: Rethinking Equity In View Of Reliance Interests And Legal Evolution, John Ehrett
John Ehrett
This Article offers and defends a nuanced definition of opportunism in the context of legal decision-making by differentiating between opportunism in the broad sense and the particularized phenomenon of cognizably malignant opportunism. It subsequently proceeds by developing a normative critique of the case for broader invocation of counter opportunistic equitable remedies, alongside a defense of the reliance and gap-filling functions performed by opportunistic actors. Centrally, I challenge the suggestion that the existence of opportunism in private law warrants a revival of the doctrines of ex post equity. I argue instead that opportunism serves an important structural purpose where the evolution …
Rudolf Kjellén: Nordic Biopolitics Before The Welfare State, Markus Gunneflo
Rudolf Kjellén: Nordic Biopolitics Before The Welfare State, Markus Gunneflo
Markus Gunneflo
Political Community In Carl Schmitt's International Legal Thinking, Markus Gunneflo
Political Community In Carl Schmitt's International Legal Thinking, Markus Gunneflo
Markus Gunneflo