Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Touro University Jacob D. Fuchsberg Law Center (2)
- University of Michigan Law School (2)
- Association of Arab Universities (1)
- Chapman University (1)
- City University of New York (CUNY) (1)
-
- Cleveland State University (1)
- College of the Holy Cross (1)
- East Tennessee State University (1)
- Osgoode Hall Law School of York University (1)
- Roger Williams University (1)
- Selected Works (1)
- Union College (1)
- University of Richmond (1)
- University of San Diego (1)
- University of Wollongong (1)
- Virginia Commonwealth University (1)
- Publication Year
- Publication
-
- Book Chapters (2)
- Touro Law Review (2)
- Brian M McCall (1)
- Cleveland State Law Review (1)
- Dissertations, Theses, and Capstone Projects (1)
-
- Faculty of Law, Humanities and the Arts - Papers (Archive) (1)
- Honors Theses (1)
- Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات (1)
- Mighty Pen Project Anthology & Archive (1)
- Osgoode Legal Studies Research Paper Series (1)
- Philosophy Faculty Articles and Research (1)
- Philosophy Faculty Publications (1)
- Présence Francophone: Revue internationale de langue et de littérature (1)
- San Diego Law Review (1)
- School of Law Conferences, Lectures & Events (1)
- Undergraduate Honors Theses (1)
- Publication Type
Articles 1 - 18 of 18
Full-Text Articles in Law
The Damage Caused By The Procedural Defect Of Upholding Invalidity In The Jordanian Shariah Courts, منال الرشيدي
The Damage Caused By The Procedural Defect Of Upholding Invalidity In The Jordanian Shariah Courts, منال الرشيدي
Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات
The damage was verified by the procedural defect in order to uphold invalidity in the Jordanian Sharia courts
Damage is the effect resulting from the existence of a defect or violation in the procedural work, and the affected party has the right to uphold it, and it is one of the most important legal problems that legal legislators must address when drafting laws. As a result of a defect in one of the procedures, and who is the owner of the right to uphold it, it also aims to identify the articles that dealt with realizing damage as the purpose …
Sovereign Authority And Rule Of Law: The Effect Of U.S. Use Of Torture On Political Legitimacy, Sydney Bradley
Sovereign Authority And Rule Of Law: The Effect Of U.S. Use Of Torture On Political Legitimacy, Sydney Bradley
Undergraduate Honors Theses
Governmental sovereignty is created and maintained by mutual respect for the rule of law by the government and citizens. To maintain legitimacy, a government must act within the bounds of the contract that created it. Otherwise, the relationship founded by said contract would be nullified, as would the duties and obligations that flow from that relationship. Torture exemplifies an ultra vires act used by the United States to show the consequences of over-extended authority on political legitimacy and the rule of law. Founded on the philosophies of Hugo Grotius, Thomas Hobbes, and Christine Korsgaard, this research investigates the nature of …
Women In Law Leadership: Inaugural Lecture: A "Fireside Chat" With Gillian Lester 2-18-2020, Roger Williams University School Of Law, Michael M. Bowden, Andrea Hansen
Women In Law Leadership: Inaugural Lecture: A "Fireside Chat" With Gillian Lester 2-18-2020, Roger Williams University School Of Law, Michael M. Bowden, Andrea Hansen
School of Law Conferences, Lectures & Events
No abstract provided.
Who's Laughing Now, June Forte
Who's Laughing Now, June Forte
Mighty Pen Project Anthology & Archive
Using the chain of command as an appeal process, a woman soldier in the '70s reports her company commander and first sergeant to the brigade commander when her immediate superiors refuse to listen to her grievance.
Articles, stories, and other compositions in this archive were written by participants in the Mighty Pen Project. The program, developed by author David L. Robbins, and in partnership with Virginia Commonwealth University and the Virginia War Memorial in Richmond, Virginia, offers veterans and their family members a customized twelve-week writing class, free of charge. The program encourages, supports, and assists participants in sharing their …
The Legal Significance Of Custom In The Halakhic Jurisprudence Of Rabbi Yechiel Mikhel Epstein’S Arukh Hashulchan, Shlomo C. Pill, Michael J. Broyde
The Legal Significance Of Custom In The Halakhic Jurisprudence Of Rabbi Yechiel Mikhel Epstein’S Arukh Hashulchan, Shlomo C. Pill, Michael J. Broyde
Touro Law Review
No abstract provided.
Keeping Faith With Nomos, Steven L. Winter
Islamic Law And Constitution-Making: The Authoritarian Temptation And The Arab Spring, Mohammad Fadel
Islamic Law And Constitution-Making: The Authoritarian Temptation And The Arab Spring, Mohammad Fadel
Osgoode Legal Studies Research Paper Series
The political dynamics that have characterized post-Mubarak Egypt have often been understood to be a battle between "religious" forces, represented by the Muslim Brotherhood and its supporters, and "secularist" forces, represented by a diverse group of civil society actors. Opposition of this latter group to the "religious" politics of the Muslim Brotherhood is therefore understood to be the primary cause of the events that led to the July 3, 2013 military coup that overthrew Egypt's only freely elected President, Mohammed Morsi. Without denying the salience of a religious-secularist divide in Egypt, this narrative of post-Mubarak politics fails to appreciate the …
Why Is It Good To Stop At A Red Light_ The Basis Of Authority And Obligation, Brian M. Mccall
Why Is It Good To Stop At A Red Light_ The Basis Of Authority And Obligation, Brian M. Mccall
Brian M McCall
Henry Viii And The Irish Political Nation: An Assessment Of Tudor Imperial Kingship In 16th Century Ireland, Emily Schwartz
Henry Viii And The Irish Political Nation: An Assessment Of Tudor Imperial Kingship In 16th Century Ireland, Emily Schwartz
Honors Theses
Ireland in the 16th century was by far the most self-governed domain under the authority of King Henry VIII. Within Ireland there were two distinct groups of people, the Gaelic Irish and the Anglo-Irish, whose cultural differences divided the island into two distinct political nations. The majority of Ireland was dominated by Gaelic Irish lordships. Gaelic Irish lords recognized the English king as their overlord, but followed Gaelic customs and laws within their lordships. The small sphere of English influence in Ireland was reduced even more by the political hegemony of the Anglo-Irish magnates. The most powerful magnate, the 9th …
Blame And The Criminal Law, David Lefkowitz
Blame And The Criminal Law, David Lefkowitz
Philosophy Faculty Publications
Many retributivists appear to presume that the concept of blame that figures in their accounts of just punishment is the same one people employ in their interpersonal moral relationships. David Shoemaker contends that this presumption is mistaken. Moral blameworthiness, he maintains, tracks only the meaning of a person's action––his reasons for acting as he did––while criminal blameworthiness, which he equates with liability to punishment, tracks only the impermissibility of an agent's action. I contest the second of these two claims, and in doing so defend the retributivists’ presumption. First, I argue that the purpose of a criminal trial can be …
To Avoid Relegation, Turnbull Must Restore An Authority Missing Since Howard, Gregory C. Melleuish
To Avoid Relegation, Turnbull Must Restore An Authority Missing Since Howard, Gregory C. Melleuish
Faculty of Law, Humanities and the Arts - Papers (Archive)
Being an Australian political leader is a little like being an English Premier League manager. While the team plays well you have the adulation of fans and management; fail and your time in the job will not be long. Tony Abbott’s removal should come as no surprise to any student of Australian politics. He had made a few poor calls and the team was headed for defeat. He paid the price for failure.
Freedom, Benefit And Understanding: Reflections On Laurence Claus’S Critique Of Authority, John Finnis
Freedom, Benefit And Understanding: Reflections On Laurence Claus’S Critique Of Authority, John Finnis
San Diego Law Review
With wide-ranging and illuminating determination, Law’s Evolution and Human Understanding offers a refutation of the illusion of authority. No one, it rightly contends, has the right to be obeyed. Still less, as it correctly says, do any persons have the right that their say so be obeyed because they said so. Given the book’s stipulative definition of “authority,” these truths entail that authority is an illusion, and provide some important premises for a plausible further conclusion or pair of conclusions: it is harmful, both in practice and in theory, to say that some person or body has authority (“the rule …
Ulu Al Amr & Authority: The Central Pillars Of Sunni Political Thought, Hisseine Faradj
Ulu Al Amr & Authority: The Central Pillars Of Sunni Political Thought, Hisseine Faradj
Dissertations, Theses, and Capstone Projects
This dissertation evaluates the political history of Islam through the prism of the Sunni conception of authority. It finds an historical red thread that explains the legal and political evolution of different types of Islamic government that have, instead of a European-type sovereign, the Ulu Al Amr (those in authority). In addition, it argues that it is the authority of Ulu Al Amr that legitimizes temporal power via legal rulings such as Wilayah al ahed (allegiance to a dynastic monarchy) and Wlayah al qaher (obedience to coercive power and rule). Those rulings are essential to legitimating historical change. Historical legal …
The Creation Of Authority In A Sermon By Saint Augustine, James Boyd White
The Creation Of Authority In A Sermon By Saint Augustine, James Boyd White
Book Chapters
My way of honoring Joe today will not be to describe or extol his achievements directly but to try to show something of what I have learned from him, particularly in the way I approach a new text and problem, in this case the creation of authority in one of Augustine's sermons.
Assessing Law’S Claim To Authority, Bas Van Der Vossen
Assessing Law’S Claim To Authority, Bas Van Der Vossen
Philosophy Faculty Articles and Research
The idea that law claims authority (LCA) has recently been forcefully criticized by a number of authors. These authors present a new and intriguing objection, arguing that law cannot be said to claim authority if such a claim is not justified. That is, these authors argue that the view that law does not have authority viciously conflicts with the view that law claims authority. I will call this the normative critique of LCA. In this article, I assess the normative critique of LCA, focusing predominantly on the arguments presented by its most incisive proponent Philip Soper. I defend a …
Authority And Reality, Joseph Vining
Authority And Reality, Joseph Vining
Book Chapters
Imagination has been introduced as a term of art in discussion of the social and political world. Some years ago James Boyd White turned to it in The Legal Imagination, his monumental work on the foundations of secular law and legal practice. A prominent example of its use today is Charles Taylor's Modern Social Imaginaries, tracing changes in the common mind leading to what we now call modernity. The term can have a large scope and at the same time a rather definite meaning. "Imagination" is at the center of Mark Massa's comments on the contrarian position of the Catholic …
Construire La Liberté Ou Le Défi Haïtien, Bernard Hadjadj
Construire La Liberté Ou Le Défi Haïtien, Bernard Hadjadj
Présence Francophone: Revue internationale de langue et de littérature
The major challenge of Haitian society remains building liberty after emerging from slavery and acquiring independence. Two centuries after the birth of the first Black Republic, the new social contract that rose from this spirit of “living together” is still in penury. The author examines the principal obstacles on the way to building freedom: namely, the inclusion of a large number of the excluded, which implies the dismantling of misery and the promotion of learning; the institution of authority through law and responsibility which presupposes the end of the “master” figure as a symbol of power, as well as that …
Whose Nature - Practical Reason And Patriarchy, Lynne Henderson
Whose Nature - Practical Reason And Patriarchy, Lynne Henderson
Cleveland State Law Review
My comments on John Finnis's Natural Law and Legal Reasoning grow out my concern about the relationship of law to authoritarianism. In this comment, I do not intend to go deeply into the relationship of law to authoritarianism but rather to sketch out the background of the argument. It seems to me that authoritarianism, properly understood, is of great relevance to a symposium on jurisprudence and legal reasoning, because at a minimum, authoritarianism overlaps with legality's ethic of rule-following and obedience to authority. Authoritarian attitudes about authority and morality also are relevant to the jurisprudential concern with the relation of …