the beginnings of ecclesiastical law

... of analogical reasoning, the court compares the relative strength of two sets of facts – the facts of the precedent case and the facts of a new case now under consideration. If the facts of the ... that the ratio sets out the factors that ground the reason(s) in favor of the result: the later court must determine the strength of the reason in favor of the result in the precedent on the basis ... precedents can be seen as the reverse of expansion of precedents on the basis of similarity: here, the court limits the effect of precedents on the basis of dissimilarity. The process of distinguishing precedents...

Ngày tải lên: 01/11/2013, 08:20

... feature of the 1994 reference to the aim of ‘optimal use of the world’s resources’ as opposed to the 1947 objective for the use of the ‘full resources of the world’. References to human rights and the ... historic importance of the ending of the division of the European continent and the need to create firm bases for the construction of the future Europe 50 The passionate sources of personal moral ... models of law and norms are characteristic of what people often mean when they use the word ‘globalisation’. 251 The return of universalist law 172 See Rajagopal, International Law, ch. 4, on the...

Ngày tải lên: 01/11/2013, 08:20

... of law rather than “due process.” The terms in the constitutional text are not critical. The fact is,” Justice Scalia explained, “regardless of the terminology used, the precise content of ... celebrates the adoption of the document as the nation’s defi ning act, allows that “[m]uch of the First Amendment . . . simply textualized the Federalist party line.” 35 There is also evidence that the ... thought the various elements of the document fi t together in some way, but the men who voted it into law only bought the compilation, whatever its contents. It also may be, then, that the only...

Ngày tải lên: 18/02/2014, 11:20

... the civil, the political and the social spheres. I will argue that the key to the development of the post-war criminal law was the fusion of these three forms of citizenship in the period of ... that these are dialectically connected aspects of the same thing: the modern form of law. I will now outline these two aspects of modern individualist law and then contextualise the idea of the ... in the matter of redressing wrongs. Under the older welfare-liberal model of the state, a clear line was drawn between the role of the state and the role of the public, and in particular the...

Ngày tải lên: 18/02/2014, 12:20

... diminishes the power of the Pope, for these secular systems of law are administered by the sovereign rather than the Pope. Vitoria further undermines the position of the Church by refuting another ... FBA Whewell Professor of International Law, Faculty of Law, and Director, Lauterpacht Research Centre for International Law, University of Cambridge John S. Bell FBA Professor of Law, Faculty of Law, ... History of the Law of Nations (rev. edn., New York: Macmillan, 1954). 4 The titles of the two lectures may be translated as ‘On the Indians Lately Discovered’ and ‘On the Law of War Made by the Spaniards...

Ngày tải lên: 19/02/2014, 05:20

... nevertheless of infinite value, and the possession of it was the subject of an everlasting struggle between the powers of heaven and the powers of hell. In presence of the awful responsibility of ... Torquemada. The character of ecclesiastical as of all other institutions has varied with the character of the men who have worked them and the varying needs of the times and places in which they have ... about the same time in the hereditary estates of Austria; while over all the Italian and German soil of the disorganized empire, except among the glaciers of Switzerland and the dykes of the Netherlands,...

Ngày tải lên: 21/02/2014, 08:20

Ngày tải lên: 07/03/2014, 11:20

Ngày tải lên: 16/03/2014, 00:20

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Ngày tải lên: 23/03/2014, 17:20

Ngày tải lên: 28/06/2014, 19:20

... without the innumerable iura propria linked to the unity of the ius commune. The greater imperfection of men’s laws (the ius pro- prium) was related to the lesser imperfection of the laws of the ... not of the Roman and the English law, but rather of the Roman and the English lawyer’; 60 and the similar constitutional development of European kingdoms 61 and the common legal science. 62 By the ... to call himself the King of France (the territory) and not the King of the Franks (the people). He then stood ‘in the same relation to the soil of France as the baron to his estate, the tenant to...

Ngày tải lên: 01/11/2013, 08:20

... discussion of the role of language in law, legal reasoning, and legal education. The resulting synthesis of Law, Language, and the Law School Classroom 17 developing a model of how language works in the ... for the project. In the final stages of preparing the manuscript, I was very fortunate to have the assistance of Molly Heiler and Stephanie Lambert. During the conclusion of the project, I had the ... much to all of my colleagues, past and present, at the ABF for their incisive critiques and their humor, Entering the World of U.S. Law 7 Initiation: First Steps into the World of Law Picture...

Ngày tải lên: 10/12/2013, 13:15

Ngày tải lên: 11/12/2013, 23:55

Ngày tải lên: 18/02/2014, 04:20

... against themselves. Between the time of its ratification and the onset of the project of legibility, there was a dr ˆ ole de guerre concerning the meaning of the self-incrimination provision of the ... but rather in cases involving the assertion of the reg- ulatory and administrative authority (in the case of the American colonies) of either the metropole or the American central state. They ... one of the statebuilding era’s staunchest proponents of “publicity,” Louis D. Brandeis. The beginnings of the solicitude for privacy were thus traced back to the era of the construction of the...

Ngày tải lên: 18/02/2014, 11:20

... from the case law of the European Court of Justice. In its case law the ECJ had recognized two of these areas of exclusive competence. The first of these 11 The Declaration on nationality of ... to the principle of conferral in EU law. ’ 19 And a little further he connects that to the idea of the will of the law- maker or constituent power.’ 20 10 H.L.A. Hart, The Concept of Law ... binds the people together’. Here is the central passage of the Maastricht decision one more time: The States need sufficiently important spheres of activity of their own in which the people of...

Ngày tải lên: 18/02/2014, 11:20

... not only as a result of the end of the Cold War, the disintegration of the Soviet Union and the demise of most command economies. The earlier process of decolonisation, the acquisi- tion by non-industrialised ... between the claim of international law, as embodied in the Charter and in decisions of the International Court, to regulate the use of force and the assertions of certain most powerful States, and of ... international law. Of the relevant developments within the discipline of international law, perhaps the most interesting involves the fact that a small but growing number of international lawyers has...

Ngày tải lên: 19/02/2014, 06:20

... they, undesignedly of course, keep our Church in ignorance, not only of the absolute unity of the Churches in the region of Amoy, but also of the real progress of the cause of Christ and of the ... of thousands upon thousands of the saints of the Most High, is made to lie at the basis of the action of the last Synod! History and Ecclesiastical Relations of the Churches of the Presbyterial Order ... according to the new plan, the Missionaries form themselves into the kind of Classis now required of them; what will be the relation of the Classis of Amoy to the Board of Foreign Missions? Is the Classis,...

Ngày tải lên: 22/02/2014, 04:20