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Full-Text Articles in Law
What Is Positive Law, Philippe Nonet
Not A System But An Order: Explaining The Legality Of The European Union, Michael Giudice, Keith Culver, Wil Waluchow, François Tanguay-Renaud
Not A System But An Order: Explaining The Legality Of The European Union, Michael Giudice, Keith Culver, Wil Waluchow, François Tanguay-Renaud
François Tanguay-Renaud
Keith Culver, Professor, UniverSud, and Micheal Guidice, Associate Professor of Philosophy, York University, explore the foundations of the legal system of the European Union.
Respondent: Wil Waluchow, McMaster University.
Freedom, Legality, And The Rule Of Law, John A. Bruegger
Freedom, Legality, And The Rule Of Law, John A. Bruegger
John A Bruegger
There are numerous interactions between the rule of law and the concept of freedom, looking at Fuller’s eight principles of legality, the positive and negative theories of liberty, coercive and empowering laws, and the formal and substantive rules of law. Adherence to the rules of formal legality promote freedom by creating stability and predictability in the law, on which the people can then rely to plan their behaviors around the law – this is freedom under the law. Coercive laws can actually promote negative liberty up to pulling people out of a Hobbesian state of nature, and then thereafter can …
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 …
Ruth Bader Ginsburg's Jurisprudence Of Opportunity And Equality, Deborah Jones Merritt, David M. Lieberman
Ruth Bader Ginsburg's Jurisprudence Of Opportunity And Equality, Deborah Jones Merritt, David M. Lieberman
David Lieberman
No abstract provided.
Remaking Law: Moving Beyond Enlightenment Jurisprudence, John A. Powell, Stephen M. Menendian
Remaking Law: Moving Beyond Enlightenment Jurisprudence, John A. Powell, Stephen M. Menendian
john a. powell
The article explores the nature of law based on enlightenment concepts and contemporary jurisprudence. It examines the assumptions that can affect the process of enlightenment. Moreover, the article demonstrates the religious and cultural crisis affecting Western Europe in early seventeenth century which caused the epistemological crisis.
Between Selves And Collectivities: Toward A Jurisprudence Of Identity, Meir Dan-Cohen
Between Selves And Collectivities: Toward A Jurisprudence Of Identity, Meir Dan-Cohen
Meir Dan-Cohen
No abstract provided.
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