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Articles 61 - 74 of 74

Full-Text Articles in Law

An Excuse-Centered Approach To Transitional Justice, David Gray Aug 2009

An Excuse-Centered Approach To Transitional Justice, David Gray

David C. Gray

Transitional justice asks what successor regimes, committed to human rights and the rule of law, can and should do to seek justice for atrocities perpetrated by and under their predecessors. The normal instinct is to prosecute criminally everyone implicated in past wrongs; but practical conditions in transitions make this impossible. As a result, most transitions pursue hybrid approaches, featuring prosecutions of those most responsible, amnesties, truth commissions, and reparations. This approach is often condemned as a compromise against justice. This article advances a transitional jurisprudence that justifies the hybrid approach by taking normative account of the unique conditions that define …

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The Difference Between Obedience Assumed And Obedience Accepted, Christian Dahlman Dec 2008

The Difference Between Obedience Assumed And Obedience Accepted, Christian Dahlman

Christian Dahlman

The analysis of legal statements that are made from an “internal point of view” must distinguish statements where legal obedience is accepted from statements where legal obedience is only assumed. Statements that are based on accepted obedience supply reasons for action, but statements where obedience is merely assumed can never provide reasons for action. It is argued in this paper that John Searle neglects this distinction. Searle claims that a statement from the internal point of view provides the speaker with reasons for actions that are “self-sufficient” in the sense that they are independent of the speaker's beliefs and desires. …

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Contesting Justice: Women, Islam, Law, And Society, Ahmed Souaiaia Dec 2008

Contesting Justice: Women, Islam, Law, And Society, Ahmed Souaiaia

Ahmed E SOUAIAIA

No abstract provided.

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Punishing Cruelly: Punishment, Cruelty, And Mercy, Paulo Barrozo Dec 2007

Punishing Cruelly: Punishment, Cruelty, And Mercy, Paulo Barrozo

Paulo Barrozo

What is cruelty? How and why does it matter? What do the legal rejection of cruelty and the requirements of mercy entail? This essay asks these questions of Lucius Seneca, who first articulated an agent-based conception of cruelty in the context of punishment. The hypothesis is submitted that the answers to these questions offered in Seneca's De clementia constitute one of the turning points in the evolution of practical reason in law. I conclude, however, by arguing that even the mainstream punitive practices of contemporary western societies fail to meet the modest imperatives of the rejection of cruelty and the …

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On The Sources Of Islamic Law And Practices, Ahmed Souaiaia Jul 2005

On The Sources Of Islamic Law And Practices, Ahmed Souaiaia

Ahmed E SOUAIAIA

No abstract provided.

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The Formless City Of Plato's Republic: How The Legal And Social Promotion Of Divorce And Same-Sex Marriage Contravenes The Principles And Undermines The Projects Of The Universal Declaration Of Human Rights, Scott Fitzgibbon Dec 2004

The Formless City Of Plato's Republic: How The Legal And Social Promotion Of Divorce And Same-Sex Marriage Contravenes The Principles And Undermines The Projects Of The Universal Declaration Of Human Rights, Scott Fitzgibbon

Scott T. FitzGibbon

In the Republic, Plato describes a stage in social decay called “formlessness,” where all sorts of differences are accepted and none is preferred. No one need hold office or obey. People are impatient with all the ties that ought to bind them. Plato's formess city displays three deplorable features. One is the denigration of law and custom. A second is ethical skepticism or nihilism. A third is the repudiation of duty. These features also characterize the divorce culture and the same-sex marriage movement. The Universal Declaration of Human Rights reflects a philosophy quite the reverse of Plato’s formless city. Its …

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Adjudicative And Epistemic Recognition, Christian Dahlman Dec 2003

Adjudicative And Epistemic Recognition, Christian Dahlman

Christian Dahlman

No abstract provided.

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Fused Modality Or Confused Modality, Christian Dahlman Dec 2003

Fused Modality Or Confused Modality, Christian Dahlman

Christian Dahlman

According to Svein Eng there are propositions concerning the law which are descriptive as well as normative, but cannot be separated into one descriptive and one normative proposition. Eng calls these propositions “fused” (“sammensmeltede”). In Eng's theory a proposition with “fused modality” is partly descriptive and partly normative, but cannot be classified as a separable combination of a claim about what the law “is” and a claim about what the law “ought to be.” In a “fused” proposition modality is a question of “degree.” The purpose of this article is to show why Eng's theory should be rejected. The introduction …

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Law, Justice, And Power: Between Reason And Will (Stanford University Press), Sinkwan Cheng Dec 2003

Law, Justice, And Power: Between Reason And Will (Stanford University Press), Sinkwan Cheng

Sinkwan Cheng

This is an unprecedented volume that brings together J. Hillis Miller, Julia Kristeva, Slavoj Zizek, Ernesto Laclau, Alain Badiou, Nancy Fraser, and other prominent intellectuals from five countries in seven disciplines to provide fresh perspectives on the new configurations of law, justice, and power in the global age. The work engages and challenges past and present scholarship on current topics in legal studies: globalization, post-colonialism, multiculturalism, ethics, post-structuralism, and psychoanalysis. The book is divided into five parts. The first debates issues of (trans-)national justice and human rights in the global age, focusing on military interventions and refugee policies. Part II …

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The End Of A Natural Monopoly: Deregulation And Competition In The Electric Power Industry, Daniel Cole, Peter Grossman Dec 2002

The End Of A Natural Monopoly: Deregulation And Competition In The Electric Power Industry, Daniel Cole, Peter Grossman

Peter Z. Grossman

Note: full-text not available due to publisher restrictions. Link takes you to an external site where you can purchase the book or borrow it from a local library.

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Baker V. State And The Promise Of The New Judicial Federalism, Charles Baron, Lawrence Friedman Nov 2001

Baker V. State And The Promise Of The New Judicial Federalism, Charles Baron, Lawrence Friedman

Charles H. Baron

In Baker v. State, the Supreme Court of Vermont ruled that the state constitution’s Common Benefits Clause prohibits the exclusion of same-sex couples from the benefits and protections of marriage. Baker has been praised by constitutional scholars as a prototypical example of the New Judicial Federalism. The authors agree, asserting that the decision sets a standard for constitutional discourse by dint of the manner in which each of the opinions connects and responds to the others, pulls together arguments from other state and federal constitutional authorities, and provides a clear basis for subsequent development of constitutional principle. This Article explores …

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Thinking Critically About Equality: Government Can Make Us Equal, Robert L. Hayman, Nancy Levit Dec 1999

Thinking Critically About Equality: Government Can Make Us Equal, Robert L. Hayman, Nancy Levit

Robert L. Hayman

No abstract provided.

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Massachusetts Uniform Security Act, Scott Fitzgibbon Dec 1988

Massachusetts Uniform Security Act, Scott Fitzgibbon

Scott T. FitzGibbon

Continually updated resource

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Common Law Liability For Defective Opinions And How To Avoid It, Scott Fitzgibbon Dec 1987

Common Law Liability For Defective Opinions And How To Avoid It, Scott Fitzgibbon

Scott T. FitzGibbon

No abstract provided.

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