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Articles 31 - 33 of 33
Full-Text Articles in Law
Lawmaking As An Expression Of Self, George P. Fletcher
Lawmaking As An Expression Of Self, George P. Fletcher
Faculty Scholarship
In this lecture I should like to encourage an attitude toward legal phenomena that stresses both tradition and change as an expression of meaning, particularly as an expression of national legal identity. I will illustrate this thesis with some specific examples of substantive rules in American and in German law. In the latter part of the lecture, I shall turn to the choice of language as a parallel expression of identity within a particular legal system.
Distinguishing Justifications From Excuses, Kent Greenawalt
Distinguishing Justifications From Excuses, Kent Greenawalt
Faculty Scholarship
Ann swings her arm and injures Ben. She faces moral condemnation and legal liability unless she can offer an explanation that absolves her of full blame. She might make a claim of justification that, despite initial appearances, her action was desirable or proper, or she might make a claim of excuse that she does not bear full responsibility for injuring Ben. If Ann is fully justified, she will not be subject to blame or to classification as a weak or defective person. If Ann is excused, she may be regarded as wholly or partly free of blame, but she will …
The Iran-United States Claims Tribunal 1981-1983, Lori Fisler Damrosch
The Iran-United States Claims Tribunal 1981-1983, Lori Fisler Damrosch
Faculty Scholarship
It is in the nature of publishing schedules that this volume of papers presented at a colloquium in April of 1983 was printed in 1984, distributed in 1985, and reviewed in an issue to appear in early 1986. Those who have actively followed the work of the Iran-United States Claims Tribunal are necessarily familiar with a large portion of the contents of this book. Not only were three of the seven chapters previously published elsewhere, but much of the descriptive and some of the analytical material throughout the book has been dealt with in a more timely fashion in the …