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Full-Text Articles in Law
Formalism And Realism In Ruins (Mapping The Logics Of Collapse), Pierre Schlag
Formalism And Realism In Ruins (Mapping The Logics Of Collapse), Pierre Schlag
Publications
After laying out a conventional account of the formalism vs. realism debates, this Article argues that formalism and realism are at once impossible and entrenched. To say they are impossible is to say that they are not as represented--that they cannot deliver their promised goods. To say that they are entrenched is to say that these forms of thought are sedimented as thought and practice throughout law's empire. We live thus amidst the ruins of formalism and realism. The disputes between these two great determinations of American law continue today, but usually in more localized or circumscribed forms. We see …
The Incompatibility Principle, Harold H. Bruff
Divergent Discourses About International Law, Indigenous Peoples, And Rights Over Lands And Natural Resources: Toward A Realist Trend, S. James Anaya
Divergent Discourses About International Law, Indigenous Peoples, And Rights Over Lands And Natural Resources: Toward A Realist Trend, S. James Anaya
Publications
In this article renowned scholar S. James Anaya analyzes the divergent assessments of international law's treatment of indigenous peoples' demands to lands and natural resources. The author explores several strains of arguments that have been advanced within this debate, including state-centered arguments and human rights-based arguments. The author also examines the shortcomings of recurring interpretive approaches to international law that consider indigenous peoples' rights to land and resources. From this analysis the author identifies a more promising approach within the human rights framework--which he describes as a realist approach--that focuses on the confluence of values, power, and change. The author …
Law As The Continuation Of God By Other Means, Pierre Schlag
Law As The Continuation Of God By Other Means, Pierre Schlag
Publications
No abstract provided.
This Could Be Your Culture--Junk Speech In A Time Of Decadence, Pierre Schlag
This Could Be Your Culture--Junk Speech In A Time Of Decadence, Pierre Schlag
Publications
No abstract provided.
This Is Not A Sentence, Paul F. Campos
The Problem Of The Subject, Pierre Schlag
Normativity And The Politics Of Form, Pierre Schlag
Normativity And The Politics Of Form, Pierre Schlag
Publications
No abstract provided.