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Published on: 2007-04-10
Released on: 2007-04-10
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This is a search of a model for a humane law - where the cruelty ban is still in force. This book however is not intended as an utopian enterprise; the humane law which is looked for is not for the future, nor is it meant as a reform project, or as a programme for new institutions to come. Here the contention is that positive law is better understood, if it is not too easily equated with power, force, or command. Law - it is shown - is more a matter of discourse and deliberation, than of sheer decision or of power relations. Constitutionalism, legal argumentation, legal ethics - three fundamental moments of our daily experience with the law - are there to witness that this view may be right. Now a 'constitutional' view of the law and its practice and the connected discoursive approach to legal reasoning can offer interesting solutions also to legal ethics. If we take legal reasoning seriously, and conceive it in a 'liberal' way comprising both lawyers and judges, so that adjudication is both a task for advocates and judges, the requirement of separation of powers on the one side is already full of implications for lawyers' deontology: the role of a lawyer will not be allowed to encroach with the one fulfilled by the statesman. On the other side, the claim of rightness intrinsic in legal discourse cannot avoided by lawyers. So that they could no longer be seen as defenders of clients' interests, but of their rights. And rights are claims to be right. Thus the requirement of justice, or better a certain threshold imposed on the tolerable injustice of the legal claim raised, will be inescapable not only for the judge, but to the lawyer as well. The general idea of this book may unfortunately run counter recent developments in the international arena and more generally in the less palpable Zeitgeist. It might well be that, like Hegel's owl that takes flight at sunset, a conceptual pattern is set forth while the corresponding institutional practice is beginning to dieout. Benjamin Cardozo The Nature of the Judicial Process ... THE NATURE OF THE JUDICIAL PROCESS. Lecture I. Introduction. The Method of Philosophy. THE work of deciding cases goes on every day in hundreds of courts throughout ... McIlwain: Constitutionalism: Ancient and Modern CHAPTER III. The Constitutionalism of Rome and Its Influence. THE OFTENER I survey the whole history of constitutionalism the more I am impressed with the ... Redirect support - cambridge.org You may have arrived at this page because you followed a link to one of our old platforms that cannot be redirected. Cambridge Core is the new academic platform from ... Nabam Rebia and Bamang Felix Vs. Deputy Speaker Latest ... Nabam Rebia and Bamang Felix Vs. Deputy Speaker and others [Civil Appeal Nos. 6203-6204 of 2016 arising out of SLP (C) Nos. 1259-1260 of 2016] Jagdish Singh Khehar J. Understanding Islamic Law Islamic civilization since the time of Prophet Muhammad (s) until now is firmly founded on the concept of rule of law. For that reason the law is published ... Law - Wikipedia The philosophy of law is commonly known as jurisprudence. Normative jurisprudence asks "what should law be?" while analytic jurisprudence asks "what is law?" Natural Law and the United States Constitution The ... Natural Law and the United States Constitution. Bonus material: Click visionandvalues.org/?p=9339 to watch Dr. Barkers lecture at the American Founders ... Due Process and Counterterrorism - Emory Law Due Process and Counterterrorism Amos N. Guiora Professor of Law S.J. Quinney College of Law University of Utah; author of Freedom from Religion: Rights and ... Rule of law - Wikipedia The rule of law is the legal principle that law should govern a nation as opposed to being governed by arbitrary decisions of individual government officials. The Legality of Intellectual Property Rights under Islamic Law Intellectual property rights are not regulated by Islamic law and jurisprudence per se. The issue is whether the principles of Islamic law can be constructed in a way ...
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