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Full-Text Articles in Law
Translating Legendre Or, The Poetical Sermon Of A Contemporary Jurist, Peter Goodrich
Translating Legendre Or, The Poetical Sermon Of A Contemporary Jurist, Peter Goodrich
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No abstract provided.
The Legality Of Humanitarian Intervention, Malvina Halberstam
The Legality Of Humanitarian Intervention, Malvina Halberstam
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No abstract provided.
Tripartite Voidable Preferences, David G. Carlson
Tripartite Voidable Preferences, David G. Carlson
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This paper applies Jacques Lacan's theory of retrospective cause to the jurisprudence of H.L.A. Hart and his followers. The thesis is that "effect" (judicial decision) precedes "cause" (law). The proper tense for legal discourse is, therefore, future anterior. The following points follow from this: (1) Positivism asserts that law is not necessarily connected to morality, but this is a priori wrong. Law wishes to be separate from morality, but it necessarily fails. (2) The theory vindicates Dworkin's notorious "right answers" theory, but makes the additional point that there is only one answer: you are guilty; you failed to conform to …