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Selected Works

2007

Legal theory

Articles 1 - 5 of 5

Full-Text Articles in Law

The Rule Of Law, Democracy, And International Law - Learning From The Us Experience, Gianluigi Palombella Dec 2007

The Rule Of Law, Democracy, And International Law - Learning From The Us Experience, Gianluigi Palombella

Gianluigi Palombella

The general issue addressed in this paper is the relation between the rule of law as a matter of national law, and as a matter of international law. Different institutional conceptions of this relationship give rise to different attitudes towards international law. Nonetheless, questions arise that cast doubt on age-old tenets of certain Western countries concerning the radical separability between the rule of law within the domestic system and in the international realm. The article will start considering some recent developments in the United States' treatment of alien detainees. Then it shall address the relation between domestic constitutions and international …

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How To Use Philosophy, Economics And Psychology In Jurisprudence: The Case Of Paternalism In Contract Law, Peter Cserne Nov 2007

How To Use Philosophy, Economics And Psychology In Jurisprudence: The Case Of Paternalism In Contract Law, Peter Cserne

Péter Cserne

In this paper I discuss the conceptual and methodological background of an economic approach to paternalism in contract law. This should serve as a case study to a more general problem: the uses and abuses of inter- and multidisciplinary research in jurisprudence, i.e. the proper scope of the non-doctrinal analysis of legal issues. Freedom of contract and paternalism are concepts eminently important in legal theory. I will argue that to evaluate this importance, legal scholarship should take into account not only political philosophy but economics and cognitive psychology as well. In the complex interrelations of empirical research, theoretical models and …

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"A Perfect Copy": Indian Culture And Tribal Law, Matthew L.M. Fletcher Jul 2007

"A Perfect Copy": Indian Culture And Tribal Law, Matthew L.M. Fletcher

Matthew L.M. Fletcher

A critical area of American Indian law is the resurgence, restoration, and development of tribal law in Indian Country. Some tribal law is borrowed or transplanted, while other tribal law is based on custom and tradition, but the ultimate purpose of developing a body of law that parallels Anglo-American law is the preservation of American Indian culture. Leech Lake Ojibwe David Treuer’s recent book of literary criticism, Native American Literature: A User’s Guide, offers a startling premise that reaches far beyond literature – American Indian literature that borrows from Anglo-American literary traditions is nothing more than a “copy” of Indian …

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Globalization In Comparative Perspective: A New Approach To Comparative Law And Legal Thought, Tamara Lothian, Katharina Pistor Feb 2007

Globalization In Comparative Perspective: A New Approach To Comparative Law And Legal Thought, Tamara Lothian, Katharina Pistor

Tamara Lothian

No abstract provided.

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Rule And Exception In Criminal Law (Or, Are Criminal Defenses Necessary?), Janine Young Kim Dec 2006

Rule And Exception In Criminal Law (Or, Are Criminal Defenses Necessary?), Janine Young Kim

Janine Kim

The advent of new defensive claims, such as the battered woman's defense and the cultural defense, has led to debates that invoke a variety of important legal and political principles on both sides of the issues. But asking whether we ought to adopt new defenses in the criminal law raises a more fundamental question: why do we ever adopt defenses in the criminal law? Two simple reasons come to mind - (1) defenses may be necessary to our system of criminal law, or (2) defenses may be good for our system of criminal law. In this Article, I consider what …

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