1 HOW LAW AND ORDER OPPOSES THE RULE OF LAW Law and order is often
conjoined with the rule of law. The two are conflated in popular culture, such as
when the president in an American television series stresses that in invading a ...
Author: Nick Cheesman
Publisher: Cambridge University Press
A striking new analysis of Myanmar's court system, revealing how the rule of law is 'lexically present but semantically absent'.
to bear the appearance of authority as I but Judge Metcalf says that they are a
general rule of law ; and this if it be merely exceptions to the contrary rule true as
a general rule ... 400 , and sultant of the two opposing rules is no other cases .
Vols. 4-17 include General public acts passed by the 105th - 118th Legislature of the state of New Jersey and lists of members of the Legislature.
We thus show that the argument that mass privatization always leads to a
demand for a wealth-maximizing legal regime ... We show that at high interest
rates, the relative returns to stripping assets and opposing the establishment of
the rule of ...
Author: Karla Ruth Hoff
Publisher: World Bank Publications
"How does the lack of legitimacy of property rights affect the dynamics of the creation of the rule of law? The authors investigate the demand for the rule of law in post-Communist economies after privatization under the assumption that theft is possible, that those who have "stolen" assets cannot be fully protected under a change in the legal regime towards rule of law, and that the number of agents with control rights over assets is large. They show that a demand for broadly beneficial legal reform may not emerge because the expectation of weak legal institutions increases the expected relative return to stripping assets, and strippers may gain from a weak and corrupt state. The outcome can be inefficient even from the narrow perspective of the asset-strippers."
He argues that many scholars' traditional understanding of Aristotle as the source
of the argument opposing the rule of law to the personal rule should concede to
Aristotle's own understanding of the rule of law as issuing from political power's ...
Author: Liesbeth Huppes-Cluysenaer
Publisher: Springer Science & Business Media
The book presents a new focus on the legal philosophical texts of Aristotle, which offers a much richer frame for the understanding of practical thought, legal reasoning and political experience. It allows understanding how human beings interact in a complex world, and how extensive the complexity is which results from humans’ own power of self-construction and autonomy. The Aristotelian approach recognizes the limits of rationality and the inevitable and constitutive contingency in Law. All this offers a helpful instrument to understand the changes globalisation imposes to legal experience today. The contributions in this collection do not merely pay attention to private virtues, but focus primarily on public virtues. They deal with the fact that law is dependent on political power and that a person can never be sure about the facts of a case or about the right way to act. They explore the assumption that a detailed knowledge of Aristotle's epistemology is necessary, because of the direct connection between Enlightened reasoning and legal positivism. They pay attention to the concept of proportionality, which can be seen as a precondition to discuss liberalism.
It is a contract made with a corporate body and having only a legal existence ,
and governed by directors who can act only ... The opposing rule bas been
nowhere more effectively stated than in the dissenting opinion of Chancellor
Vols. 64-96 include "Central law journal's international law list".
The tale, however, points the other way, as a rule. Two blankly opposing morals,
the artist's and the tale's. Never trust the artist. Trust the tale.1 – D.H. Lawrence, '
The Spirit of Place' D.H. Lawrence was thoroughly saturated by New ...
Author: Desmond Manderson
"Kangaroo Courts and the Rule of Law -The Legacy of Modernism addresses the legacy of contemporary critiques of language for the concept of the rule of law. Between those who care about the rule of law and those who are interested in contemporary legal theory, there has been a dialogue of the deaf, which cannot continue. Starting from the position that contemporary critiques of linguistic meaning and legal certainty are too important to be dismissed, Desmond Manderson takes up the political and intellectual challenge they pose. Can the rule of law be re-onfigured in light of the critical turn of the past several years in legal theory, rather than being steadfastly opposed to it? Pursuing a reflection upon the relationship between law and the humanities, the book stages an encounter between the influential theoretical work of Jacques Derrida and MIkhail Bakhtin, and D.H. Lawrence's strange and misunderstood novel Kangaroo (1923). At a critical juncture in our intellectual history - the modernist movement at the end of the first world war - and struggling with the same problems we are puzzling over today, Lawrence articulated complex ideas about the nature of justice and the nature of literature. Using Lawrence to clarify Derrida's writings on law, as wellas using Derrida and Bakhtin to clarify Lawrence's experience of literature, Manderson makes a robust case for 'law and literature.' With this framework in mind he outlines a 'post-positivist' conception of the rule of law - in which justice is imperfectly possible, rather than perfectly impossible." -- Publisher's website.
6.9 Some Thoughts on the Persistent Objector Rule A majority of scholars are
agreed that any state which opposes a rule right from its inception before it
becomes law may not be bound by it.147 Furthermore, a state whose practice is
not in ...
Author: Ernest K. Bankas
Publisher: Springer Science & Business Media
The author shows through a careful analysis of the law that restrictive immunity does not have vox populi in developing countries, and that it lacks usus. He also argues that forum law, i.e. the lex fori is a creature of sovereignty and between equals before the law, only what is understood and acknowledged as law among states must be applied in as much as the international legal system is horizontal.
It is not suggested that policy values or judicial preferences for one rule of law
over another should become the whole basis for choice of law , but only that ...
Most choice - of - law cases require a deliberate choice between the opposing
Author: Robert Allen Leflar
Publisher: Lexis Pub
This treatise is a basic reference to the Leflarian view of conflicts law. It analyzes choice of law questions and judicial jurisdiction, comparing the laws of overlapping jurisdictions at the state and federal levels.
A conflicts check turns up nothing, but the opposing party is being represented by
a lawyer with whom you share office ... As these rules make clear, imputed
disqualification of a lawyer or law firm can occur when it is likely that confidential
The ABA Journal serves the legal profession. Qualified recipients are lawyers and judges, law students, law librarians and associate members of the American Bar Association.
In a note we themselves , in which to ascertain their summarize the views or rules
of other goodness , and return if found not good . courts upon the question , who
have But it is clearly impracticable to have had it under consideration or two
different rules governing the legal less directly . ... The onus of removing that
presumption rested upon the bank . the opposing rules announced in New it
could be ...
Author: Edward White
A journal devoted to banking law and practice for bankers and bank attorneys. Includes articles, notes on court cases, and summaries of legislation.