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Full-Text Articles in Law
Analysis Of The Activities Of Justice Bodies And Their Implementation Norm-Making Functions, А. Khujanazarov
Analysis Of The Activities Of Justice Bodies And Their Implementation Norm-Making Functions, А. Khujanazarov
Review of law sciences
Further improvement of the work of justice bodies within framework of democratic legal reforms in our country, including development of rule-making function of the system, is one of main directions of the unified state legal policy. At the same time, it is necessary to introduce qualitatively new and modern mechanisms for rule-making activities of judicial bodies, coordination of rulemaking bodies and the bodies of state management and efficient and systematic methodological guidance of the process, further improving features and functions of judiciary in the formation of a common legal practice. Based on above, this article examines the activities and trends …
Public Law, Precarity, And Access To Justice, Amnon Lev
Public Law, Precarity, And Access To Justice, Amnon Lev
Indiana Journal of Global Legal Studies
In the first part, I examine Thomas Hobbes' theory of commonwealth to see how it situates subjects in relation to justice. Hobbes famously founds his commonwealth on the equal subjection of all to the Leviathan, which is the equal subjection of all to law. We need to understand why he nevertheless needs to accommodate the diversity of society-the basic fact that some are weak while others are not-into the operation of the public law machine. As we shall see, the accommodation of social diversity is tied to a proto-liberal distinction between social spheres that relegates much of human life to …
Access To Justice For Collective And Diffuse Rights: Theoretical Challenges And Opportunities For Social Contract Theory, Colin Crawford
Access To Justice For Collective And Diffuse Rights: Theoretical Challenges And Opportunities For Social Contract Theory, Colin Crawford
Indiana Journal of Global Legal Studies
This analysis consists of three principal parts. First, it briefly reviews the classical contract account that explains how and why individuals enter civil society, found in the writings of both Hobbes and Locke. The analysis then examines the limited extent to which classical contract theory treats questions of rights vindication or, in more modern terms, with questions of access to justice. Second, the analysis examines the nature of collective and diffuse rights claims and will make a case for their importance in the modern world. Third, the analysis seeks to identify arguments from the classical account that might be useful …
Movement Lawyering, Scott L. Cummings
Movement Lawyering, Scott L. Cummings
Indiana Journal of Global Legal Studies
This article examines the relation between movement lawyering and American legal theory, explores the meaning and content of movement lawyering in the contemporary American context, and reflects on the implications of movement lawyering for the theory and practice of access to justice around the globe. It suggests that the rise of movement lawyering signals frustration with process-oriented solutions to fundamental problems of inequality and discrimination in the legal system, and challenges access to justice proponents to frame their work in connection with a political strategy that builds on movements for progressive legal change. In this sense, the article suggests that …
Panel Discussion: The Right To Education: With Liberty, Justice, And Education For All?
Panel Discussion: The Right To Education: With Liberty, Justice, And Education For All?
Northwestern Journal of Law & Social Policy
No abstract provided.
Divided By The Sermon On The Mount, David A. Skeel Jr.
Divided By The Sermon On The Mount, David A. Skeel Jr.
All Faculty Scholarship
This Essay, written for a festschrift for Bob Cochran, argues that the much-discussed friction between evangelical supporters of President Trump and evangelical critics is a symptom of a much deeper theological divide over the Sermon on the Mount, where Jesus told his disciples to turn the other cheek when struck, love their neighbor as themselves, and pray that their debts will be forgiven as they forgive their debtors. Divergent interpretations of these teachings have given rise to competing evangelical visions of justice. One side of today’s divide—the religious right—can be traced directly back to the fundamentalist critics of the early …