Law Commons^™

Taking Interdependence And Production More Seriously: Toward Mutual Rationality And A More Useful Law And Economics, Kenneth M. Casebeer, Charles J. Whalen

University of Miami Law Review

No abstract provided.

February 17, 2011: Shari’Ah And Constitutionalism, Bruce Ledewitz

Hallowed Secularism

Blog post, “Shari’ah and Constitutionalism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Utopian Thought And The Law Of Nations, Stas Getmanenko

Stas Getmanenko

Thomas More in his conversation with Raphael Hythloday agreed with Plato that “nations will be happy, when either philosophers become kings, or kings become philosophers.” Some five hundred years following More’s sojourn to the New Isle of Utopia, the “philosophers” remain in search of a societal order that would appropriately reflect and encompass the humanity’s best social and political contrivances. Inasmuch as humanity remains governed by law, and “[a]ll laws are promulgated for this end, that every man may know his duty,” the quest for a modern Utopia is then appropriately placed in the purview of jurisprudence. This legal article …

A Critique Of Rights In Transitional Justice: The African Experience, Makau Wa Mutua

Contributions to Books

Published in Rethinking Transitions: Equality and Social Justice in Societies Emerging from Conflict, Gaby Oré Aguilar & Felipe Gómez Isa, eds.

This chapter interrogates the concept and application of transitional justice as a medium for the reclamation of post-conflict states in Africa. While it argues that transitional justice is an important – often indispensable – process in reconstructing post-despotic and battered societies, it nevertheless casts a jaundiced eye at traditionalist human rights approaches. It contends that individualist, non-collective, or non-community, approaches to transitional justice have serious limitations. It posits that the Nuremberg model, on which the ICTR and ICTY were …