Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Kritik Terhadap Struktur Ilmu Hukum Menurut Paul Scholten, E. Fernando M. Manullang, E. Fernando M. Manullang
Kritik Terhadap Struktur Ilmu Hukum Menurut Paul Scholten, E. Fernando M. Manullang, E. Fernando M. Manullang
Jurnal Hukum & Pembangunan
Paul Scholten, a prominent Dutch legal scholar, explains some thoughts in one of his chief article: De Structuur der recthwetenshcap. Essentially it describes some accounts on how legal relations may exist, which he thinks such relations can be both logic and illogical. Scholten even furthermore reiterates such paradigm, the dualism of logic and illogical, also underlies the scientific nature of legal science (jurisprudence). Finally, he also explores on the relations between language and jurisprudence. His all accounts leave some critical notes, as it has some internal contradictions in connection of, as what critical legal theory says, the presence of reifications …
No Sense Of Decency, Kathryn E. Miller
No Sense Of Decency, Kathryn E. Miller
Washington Law Review
For nearly seventy years, the Court has assessed Eighth Amendment claims by evaluating “the evolving standards of decency that mark the progress of a maturing society.” In this Article, I examine the evolving standards of decency test, which has long been a punching bag for critics on both the right and the left. Criticism of the doctrine has been fierce but largely academic until recent years. Some fault the test for being too majoritarian, while others argue that it provides few constraints on the Justices’ discretion, permitting their personal predilections to rule the day. For many, the test is seen …