It’S A Lawyers’ World!: A Commentary On Katharina Pistor, The Law Of Capitalism And How To Transform It,
University of Miami Law School
It’S A Lawyers’ World!: A Commentary On Katharina Pistor, The Law Of Capitalism And How To Transform It
University of Miami Law Review
Affirming Katharina Pistor’s significant contributions to understanding law’s centrality in capitalism, this commentary explores the tension between law’s stabilizing function and its potential for change. Regarding the drivers of change, the commentary highlights an unexpected, unspoken love for lawyers. Those “masters of the code of capital” have made the law into what it is today, and now they should remake it. Could they, even if they wanted to? What would that something else be? By freeing herself from the binary choice between capitalism and socialism, Pistor inevitably raises the question of what socioeconomic system will emerge instead. If The Code …
Kelsen's Pure Theory Of Law,
St. John's University School of Law
Beccaria's 'On Crimes And Punishments': A Mirror On The History Of The Foundations Of Modern Criminal Law,
Columbia Law School
Beccaria's 'On Crimes And Punishments': A Mirror On The History Of The Foundations Of Modern Criminal Law
Faculty Scholarship
Beccaria’s treatise "On Crimes and Punishments" (1764) has become a placeholder for the classical school of thought in criminology, for deterrence-based public policy, for death penalty abolitionism, and for liberal ideals of legality and the rule of law. A source of inspiration for Bentham and Blackstone, an object of praise for Voltaire and the Philosophies, a target of pointed critiques by Kant and Hegel, the subject of a genealogy by Foucault, the object of derision by the Physiocrats, rehabilitated and appropriated by the Chicago School of law and economics — these ricochets and reflections on Beccaria’s treatise reveal multiple dimensions …
John Stuart Mill’S Harm Principle And Free Speech: Expanding The Notion Of Harm,
Washington and Lee University School of Law
John Stuart Mill’S Harm Principle And Free Speech: Expanding The Notion Of Harm, Melina Bell
Scholarly Articles
This article advocates employing John Stuart Mill’s harm principle to set the boundary for unregulated free speech, and his Greatest Happiness Principle to regulate speech outside that boundary because it threatens unconsented-to harm. Supplementing the harm principle with an offense principle is unnecessary and undesirable if our conception of harm integrates recent empirical evidence unavailable to Mill. For example, current research uncovers the tangible harms individuals suffer directly from bigoted speech, as well as the indirect harms generated by the systemic oppression and epistemic injustice that bigoted speech constructs and reinforces. Using Mill’s ethical framework with an updated notion of …
The Role Of Reliance In Stare
Decisis Doctrine,
Fordham Law School
The Role Of Reliance In Stare Decisis Doctrine
Fordham Law Review
The U.S. Supreme Court’s recent treatment of reliance interests in stare decisis doctrine is in flux. The Court has overruled long-standing precedent such as Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey with scant analysis as to how reliance interests factor into stare decisis doctrine, despite continuing to name reliance as a factor that should be considered. Arguments for whether and how reliance interests deserve protection are inherently challenging because it cannot be the case that every precedent should stand. Using Dobbs v. Jackson Women’s Health Organization as a case study, this Note analyzes the Court’s claim …
Constitutional Crisis And Constitutional Rot,
University of Maryland Francis King Carey School of Law
Constitutional Crisis And Constitutional Rot, Jack Balkin, Jack Balkin
Maryland Law Review
No abstract provided.
Law In Books And Law In Action: The Problem Of Legal Change,
University of Maine School of Law
Law In Books And Law In Action: The Problem Of Legal Change
Maine Law Review
One hundred years ago, Roscoe Pound wrote his famous article, “Law in Books and Law in Action.” Considered an important step toward American legal realism, today this article is invoked more for its title than its content. I would argue that in the article, Pound did not clearly distinguish between two separate situations: (1) the departure of decisions of courts from statements of statutory (or constitutional) law, and (2) the discrepancy between doctrine in books and empirical data about law. This second observation has fed various strands of jurisprudence, if often only through the repetition of the well-quoted formula. It …
Max Weber Vs Émile Durkheim: Pertarungan Paradigma Dalam Sosiologi Hukum Di Indonesia,
Universitas Indonesia
Max Weber Vs Émile Durkheim: Pertarungan Paradigma Dalam Sosiologi Hukum Di Indonesia, Ilham Isdiyanto
Jurnal Hukum & Pembangunan
This study compares the thoughts of Max Weber and Emile Durkheim in the field of sociology of law and their relevance to the development of law in Indonesia. Weber emphasizes formal rational law through a positivistic approach, highlighting individual rationality in shaping social structures. In contrast, Durkheim views law as a tool of social solidarity rooted in morality and collective norms. This study employs a normative method integrated with hermeneutic philosophy, delving into the meaning of legal concepts through an in-depth interpretation of doctrines, theories, and legal literature. A descriptive-narrative analysis is conducted to understand the historical, social, and philosophical …
Perbandingan Sistem Hukum Civil Law Dan Common Law Dalam Penerapan Yurisprudensi Ditinjau Dari Politik Hukum,
Universitas Indonesia
Perbandingan Sistem Hukum Civil Law Dan Common Law Dalam Penerapan Yurisprudensi Ditinjau Dari Politik Hukum, Praise Juinta Siregar
"Dharmasisya” Jurnal Program Magister Hukum FHUI
The legal system is related to the concept of law, where the two things have an inseparable relationship with each other. In principle, the legal system regulates the life of a community so that conflicts do not occur, where if the conflict is unavoidable, then the legal system has an important role in resolving the conflict. The legal system in the judiciary has a major influence in the application of the law, especially for judges in examining and deciding a case. The Panel of Judges in deciding a case will definitely pay close attention to the legal system in its …
John Locke's Theory Of Property, And The Dispossession Of Indigenous Peoples In The Settler-Colony,
Seattle University School of Law
John Locke's Theory Of Property, And The Dispossession Of Indigenous Peoples In The Settler-Colony, Calum Murray
American Indian Law Journal
This paper explores how John Locke’s theory of property, elaborated in chapter five of his Second Treatise of Government, provided a compelling conceptual and practical justification for the appropriation of Indigenous peoples’ territories in America by the early English settler-colonists of the 17th century. It examines how his property theory facilitated the nullification of Native American conceptions of land through the superimposition of European private property regimes in the settler colony. It further highlights briefly how indistinguishable dynamics also characterize the contemporary Israeli/Palestinian settler-colonial context, where the reverberations of Locke’s thought on property are pervasive. To do so, …
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