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Full-Text Articles in Legal History

Where's The Sense In Hill V. Gateway 2000?: Reflections On The Visible Hand Of Norm Creation, Shubha Ghosh Mar 2016

Where's The Sense In Hill V. Gateway 2000?: Reflections On The Visible Hand Of Norm Creation, Shubha Ghosh

Touro Law Review

No abstract provided.


Customary International Law: A Reconceptualization, Roozbeh (Rudy) B. Baker Jan 2016

Customary International Law: A Reconceptualization, Roozbeh (Rudy) B. Baker

Brooklyn Journal of International Law

The current state of international law is one of deep confusion over the role of state practice and opinio juris within the customary element. The debate between adherents of “modern custom” versus those of “traditional custom” has resulted in deep uncertainty and confusion. New theories of customary international law have proved inadequate in clarifying the current state of the field. Confusions over the meanings and relationships between state practice and opinio juris aside, current approaches are all also flawed due to a heavily state-centric bias that fails to take into account the very real affects that norm-generating transnational actors have ...


Foucault: O Poder E O Direito, Ronaldo Porto Macedo Junior Dec 1989

Foucault: O Poder E O Direito, Ronaldo Porto Macedo Junior

Ronaldo Porto Macedo Junior

ABSTRACT: The idea of crisis of Law that can be found in the great part of the contemporary legal literature is based on a deeper question related to the crisis of the classical concepts of Rationality and Representation. Thies paper shows how the Foucauldian’s analysis of the crisis of the liberal legal rationality explains the advent of new forms of legal rationalities, based on the concepts of Norm and Normality, in the, so called, Social Law. Thues, the main concepts involved in the archaelogy of legal Knowledge and genealogy of legal powers in the Welfare State society are analysed ...