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Law Theory

Natural Law Theory in Spain and Portugal

Natural Law Theory in Spain and Portugal

... Natural Law allows a better explanation of the legal vocation of these ...words Law (derecho, diritto, direito, droit) and rights (derechos, diritti, direitos, droits), alluding to a both normative (legal) ...

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A normative theory of international law based on new natural law theory

A normative theory of international law based on new natural law theory

... 149 The idea of the international common good bears certain parallels to the concepts of public morality and public order which, as mentioned earlier, feature in several international human rights instruments as ...

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Private Law Theory and Taxonomy: Reframing the Debate

Private Law Theory and Taxonomy: Reframing the Debate

... If we seek analogies outside the domain of law, therefore, prescriptive grammar is a better starting point than biology. A prescriptive grammarian, through classifying words and formulating rules in relation to ...

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An Introduction to Comparative Law Theory and Method

An Introduction to Comparative Law Theory and Method

... 6. This definition clearly has a merit which is too rarely met among comparatists: being careful that things compared are comparable. Dworkin, Hart and Kelsen may differ as to what exactly they consider “law”; ...

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Natural Law Theory and its Relatives

Natural Law Theory and its Relatives

... These doctrines later were developed more fully in Roman Catholic and Reformation traditions as a way of accounting for the moral virtue, insight, behavior, and wisd[r] ...

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Trusteeship of an endowment in Islamic law: Theory and practice

Trusteeship of an endowment in Islamic law: Theory and practice

... Islamic Law known as waqf or habs. In classical Islamic law, the jurists defined waqf as to devote the property in charity or family benefits in which the power of administration of the property is at the ...

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Law Enforcement under Incomplete Law: Theory and Evidence from Financial Market Regulation

Law Enforcement under Incomplete Law: Theory and Evidence from Financial Market Regulation

... statutory law to deal with breach of contracts, fraud, and ...existing law and rendered it ineffective, because it could not deter harmful actions ...criminal law could deal with simple forms of ...

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Law and Politics: Montesquieu and the 4 Schools of Legal Theory

Law and Politics: Montesquieu and the 4 Schools of Legal Theory

... in law and its impact upon ...—the theory of separation of political powers—is essential in the analysis of all constitutions and constitutional reforms ...natural law theory nor legal How to ...

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Economic Theory of Criminal Law

Economic Theory of Criminal Law

... Regina v. Smith (David) (1 Q.B. 354 (1974)) illustrates the function of the intent standard in criminal law. The defendant had installed electrical wiring, roofing, wall panels, and floorboards in the apartment he ...

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Law, economics, public interest and the theory of regulatory capture

Law, economics, public interest and the theory of regulatory capture

... Following the point that the law and economics postulations can be useful in understanding and "moderating" the influence of economic factors on law and the law-making process, i[r] ...

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Global environmental law : context and theory, challenge and promise

Global environmental law : context and theory, challenge and promise

... environmental law are arguably more reflective than others of the trends and drivers underlying the emergence of global law scholarship more ...environmental law has been one of the earliest thematic ...

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Classical Electromagnetic Theory Revisiting: The A M  Ampere Law and the Vacuum Field Theory Approach

Classical Electromagnetic Theory Revisiting: The A M Ampere Law and the Vacuum Field Theory Approach

... field theory approach the Lagrangian and Hamiltonian reformulations of some alternative classical electrodynamics models are analyzed in ...radiation theory, and strongly dependent on the Mach type ...

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Douglass North’s Theory of Institutions : lessons for law and development

Douglass North’s Theory of Institutions : lessons for law and development

... his theory at the same time as Coleman, ignores organizations, introducing instead a notion of institution that is difficult to relate to any concrete social ...

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Law as Experience: Theory and the Internal Aspect of Law

Law as Experience: Theory and the Internal Aspect of Law

... Law as Experience Theory and the Internal Aspect of Law SMU Law Review Volume 52 | Issue 1 Article 12 1999 Law as Experience Theory and the Internal Aspect of Law Thomas Morawtz Follow this and additi[.] ...

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Scientificity and The Law of Theory Demarcation

Scientificity and The Law of Theory Demarcation

... the theory posited that all combustible substances contain phlogiston, which is released into the air when a substance is burned (Wisniak, 2004, ...The theory was an integral part of the mosaic of the time, ...

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International Law and Domestic Political Coalitions: The Grand Theory of Compliance with International Law

International Law and Domestic Political Coalitions: The Grand Theory of Compliance with International Law

... This Article proposes a social scientific theory of compliance with international law that focuses attention on the domestic politics underlying a state's decision t[r] ...

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Аxiomatic theory and universe of the science administrative law

Аxiomatic theory and universe of the science administrative law

... Для нас є важливим і до- статнім те, що ми вважаємо їх істин- ними лише в межах теорії, що нами будується, а якщо вони при цьому ви- являються загальновизнаними, ми мусимо сприймати[r] ...

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The Control Theory of Perpetration in International Criminal Law

The Control Theory of Perpetration in International Criminal Law

... Judge Schomburg concluded with the observation that indirect perpetration was particularly apposite as a theory of international criminal responsibility, as it served [r] ...

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Law Enforcement and Firm Financing: Theory and Evidence

Law Enforcement and Firm Financing: Theory and Evidence

... Our indicators of judicial efficiency vary considerably between districts and over time. Table 1 reports the sample average of the two legal variables for each district. Dispersion is very high. The average length of a ...

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"Common Law Property Theory and Jurisprudence in Canada"

"Common Law Property Theory and Jurisprudence in Canada"

... 129. Jim Phillips & Phil Girard, “A Certain ‘Mallaise’: Harrison v Carswell, Shopping Centre Picketing, and the Limits of the Postwar Settlement” in Judy Fudge & Eric Tucker, eds, Work on Trial: Canadian Labour ...

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