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Between Discourse and The Law

Secularization, Legal Indeterminacy, and Habermas's Discourse Theory of Law

Secularization, Legal Indeterminacy, and Habermas's Discourse Theory of Law

... cuts between evaluative statements and strictly normative ones, between the good and the ...a law to be impartial ...of law appears to depend upon the possibility of these razor- sharp ...

48

Here, There, and Everywhere: Human Dignity in Contemporary Law and in the Transnational Discourse

Here, There, and Everywhere: Human Dignity in Contemporary Law and in the Transnational Discourse

... the law, and freedom from abusive state ...interrelation between individual citizens and the collective ...public discourse. Ideally, the law to which every individual needs to abide would be ...

65

Grassroots Diplomacy and Vernacular Law: The Discourse of Food Sovereignty in Maine

Grassroots Diplomacy and Vernacular Law: The Discourse of Food Sovereignty in Maine

... relationship between power and knowledge in small-farming communities in Maine is at its most ambiguous on homesteads and ...struggle between different sets of practices, each of which functions as a set of ...

169

Language, identity, and ideology: Analysing discourse in Aceh sharia law implementation

Language, identity, and ideology: Analysing discourse in Aceh sharia law implementation

... affirms that the implementation of Sharia must be obeyed by both the Muslim and non-Muslim. On behalf of “equality before the law”, he maintains that the penalty for Sharia-offenders will be applied non- ...

9

NO PUNISHMENT WITHOUT FAULT. Kindling a Moral Discourse in Singapore Criminal Law

NO PUNISHMENT WITHOUT FAULT. Kindling a Moral Discourse in Singapore Criminal Law

... criminal law. Three areas of the criminal law are selected to illustrate what difference an adherence to the principle of autonomy and the principle of mens rea will make in each of these ...wider ...

25

The notion of progress in international law discourse

The notion of progress in international law discourse

... political agenda, Venizelism was not necessarily, and not at all times, opposed to a system of constitutional monarchy. Recent assessments conclude that Venizelos and his governments considered Greece to be “unready” to ...

249

The discourse of bioethics in the ECtHR case-law

The discourse of bioethics in the ECtHR case-law

... It has been acknowledged that phraseological units in legal texts tend to cluster around terms, forming a continuum with fuzzy borders (Scarpa et al. 2014, p. 75), and terms are usually those elements that could denote ...

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Cybercrime in Albania:  A Discourse on Law, Policy and Practice

Cybercrime in Albania: A Discourse on Law, Policy and Practice

... For a more complete treatment it is necessary to analyze the phenomenon of cybercrime and classification made to it by European or international doctrine associated with the Albanian criminal law, which has issued ...

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Ecuador's Good Living: Crises, Discourse, and Law

Ecuador's Good Living: Crises, Discourse, and Law

... Secondly, theory-guided process tracing creates what has been called ‘intensive tracing, a variant that contributes to theory building’ (Trampusch and Palier 2016, 440). As one of the central objectives of this thesis is ...

313

Young transgressors of the criminal law: representation, discourse and identity

Young transgressors of the criminal law: representation, discourse and identity

... En los relatos de los profesionales es recurrente hablar de los chicos desde esta representación, por ejemplo al afirmar que “son chicos maltratados, que vienen de familias pobr[r] ...

33

Development, discourse and law: transgender and same-sex sexualities in Nepal

Development, discourse and law: transgender and same-sex sexualities in Nepal

... in law, but potentially at the expense of real attention to people’s social circumstances and potential fluidity, and variability in terms of sexual practice, subjectivity and so ...

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Crossing the Law: Trans Activism, Aleatory Materialism, and the Analyst's Discourse

Crossing the Law: Trans Activism, Aleatory Materialism, and the Analyst's Discourse

... But what is the conceptual use of the aleatory and contingency beyond its simple opposition to teleology? What confusion might arise within Althusser’s seemingly interchangeable use of the encounter, the aleatory, and ...

120

Gender discourse within the application of Islamic law in Aceh, Indonesia

Gender discourse within the application of Islamic law in Aceh, Indonesia

... 6.3 Between Domestic and Public Space: Adopting and Challenging the Norms Field notes, 17 December 2016 It was Mid December 2016, Alia asked me to meet up in a coffee shop nearby from where I ...

221

The Discourse of Indonesian Fiqh Methodological Bid of Family Law Reform

The Discourse of Indonesian Fiqh Methodological Bid of Family Law Reform

... positive law. Fiqh Indonesia as positive law is a political and social construction, not merely theological formulation, but also the factors of non-theological is a logical consequence of the building fiqh ...

18

Comments on Professor Takao Tanase s Invoking Law as Narrative: Lawyer s Ethics and the Discourse of Law

Comments on Professor Takao Tanase s Invoking Law as Narrative: Lawyer s Ethics and the Discourse of Law

... of law holds the promise of a more attractive conception of ...of law, our willingness to accept adjudicative outcomes, turns on its “expressivity” – the extent to which law both reflects and ...

6

Islamic family law in Europe? From dichotomies to discourse - or: Beyond cultural and religious identity in family law

Islamic family law in Europe? From dichotomies to discourse - or: Beyond cultural and religious identity in family law

... the law will not be applied and the legal decision will not be ...family- law dogma, 2 and public order boundaries are particularly difficult when they are applied simply to justify the primacy of a ...

16

A critical discourse analysis of language used in selected courts of law in Kenya

A critical discourse analysis of language used in selected courts of law in Kenya

... significant. This is because throughout the cross examination, the lawyer uses the pragmatic strategy of vocabulary landscaping (cf. 5.5.5) by repeatedly using various expressions in the discourse that imply the ...

555

‘War on piracy’: the conflation of Somali piracy with terrorism in discourse, tactic and law

‘War on piracy’: the conflation of Somali piracy with terrorism in discourse, tactic and law

... 33 the Kenyan law that requires a detainee’s production before a magistrate within 24 hours of arrest. 136 Such detention can also open the door to further abuse. In one ongoing case in which 24 alleged pirates ...

44

The relationship between patterns of classroom discourse and mathematics learning

The relationship between patterns of classroom discourse and mathematics learning

... First I thank my parents, Mike and Debbie, who told me from a young age that I could do anything and be anything, even if it was driving 18-wheelers. Although I’ve never fulfilled that early childhood dream, I have ...

176

Migrants in the public discourse: Between media, policy and public opinion

Migrants in the public discourse: Between media, policy and public opinion

... the law, but also setting priorities in terms of what is enforced (thus implemented) and what is ...link between the fragmentation of political power and the enhanced empowerment of the courts and other ...

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