the legacy of feudal law
Cambridge.University.Press.German.Philosophy.1760-1860.The.Legacy.of.Idealism.Sep.2002.pdf
... change the shape of how not only Europeans but practically the whole world conceived of itself, of nature, of religion, of human history, of the nature of knowledge, of politics, and of the structure ... world of the courts and the bureaucracy that either already surrounded them or inevitably awaited them Their own “self-relation” – their sense of how their life was to go, their awareness of how they ... interpretation of the nature of the categories It rejects the view of the categories as concepts prior to experience that we then “apply” to experience by acts of synthesis It also rejects the view that they...
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The Mystification of Common-Law Reasoning
... version 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...
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The return of universalist law - human rights and free trade
... the French Declaration of the Rights of Man and Citizen As apprehended by Friedrich Tenbruck, they build on the Creation, the universality of the Children of God and of brotherhood with the ... 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 ... in the Middle Ages of the salvation of the Kingdom of God on earth ’ The ‘secular remnants of this Christian theology of history’ facilitated ideas of an equal and common development of...
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Tài liệu Regulatory Rights Supreme Court Activism, the Public Interest, and the Making of Constitutional Law doc
... “interpretivists”—most of them merely to acknowledge that they include the written document in their account of constitutional law, 92 some to convey the stronger message that the text is the exclusive source of ... among them the prerequisites of governmental legitimacy, the place of a higher form of law in a system that rests its legitimacy on political accountability, and the role of unelected judges in the ... about the text, theorists insist that the warp and woof of constitutional law is still traceable to the written document—and must be, given that the document and only the document counts as the...
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Tài liệu Regulating Deviance: The Redirection of Criminalisation and the Futures of Criminal Law pptx
... 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 ... traditional rights of the accused; the widening boundaries of the criminal law to include offences of preparation and planning; the scope and justification of offences against the person such as ... June 2007 The main aim of the workshop was to gather together experts in the fields of criminal law and procedure, criminology, legal history, law and psychology and the sociology of law in order...
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Tài liệu Imperialism, Sovereignty and the Making of International Law docx
... Thus, the emergence of a secular natural law -the natural law which was proclaimed to be the basis of the new international law is coeval with his resolution of the problem of the legal status of ... 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 justification ... international law is further reflected by the structure of many of the major textbooks of international law, which introduce the subject by outlining the problem and offering some sort of solution...
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The Politics of International Law doc
... divided the United States from the large majority of other states that voted to adopt the Rome Statute of the Court, in particular the role of the Security Council, the powers of the prosecutor, the ... fundamental as the expanding corpus of international law, the obligatory force of that law, the way in which the weak can employ the law as a power resource, the historical uniqueness of the modern ... Relations Theory (Boulder: Westview, 1989), p 18 The politics of international law international law The end of the Cold War, and the attendant talk of a ‘new world order’, the triumph of liberalism,...
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The Legacy of GREECE doc
... the sphere of aesthetics; they never thought of separating the beautiful from the good in this way But they were not disgusted at the torture of slaves, the exposure of newborn children, or the ... brutalizing of the senses instead of Beauty, the acceptance of tradition instead of the pursuit of Truth, the belief in hallucination or passion instead of Reason and Temperate Thought, the obscuring of ... asceticism, the worship of knowledge, the contempt for knowledge, atheism, pietism, the religion of serving the world and the religion of turning away from the world: all these and almost all other...
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The Province of Administrative Law pot
... School of Law, Bloomington Mark Aronson is Professor of Law at the University of New South Wales Jack M Beermann is Professor of Law at Boston University Paul Craig is Professor of Law and Fellow of ... collection of essays, possible The organisation of the conference was one of the pleasurable duties I undertook in 1996 as the Law Foundation of Saskatchewan Visiting Professor at the College of Law, ... between the papers First of all, a word of explanation is necessitated by the ubiquity of the term "public law" The reference in the title of this book to administrative law, rather than to public law, ...
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THE ‘WAR ON TERROR’ AND THE FRAMEWORK OF INTERNATIONAL LAW doc
... Law Reports International Review of the Red Cross Leiden Journal of International Law Netherlands Yearbook of International Law Organisation of American States Organisation of African Unity Of cial ... 95/46/EC of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on xlviii table of conventions the free movement of such ... Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation,...
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THE PHILOSOPHY OF INTERNATIONAL LAW potx
... provinces of law such as criminal law, contract law, and the law of torts, or specific types of law, such as municipal state law, judge-made law, and customary law. 2 The philosophy of international law ... customary law In the context of the discussion of the processes of international law- making and hence of the sources or identification of its norms, the question of the kind of norms created 27 ... norms and their content are a matter for the sources of international law Two of the early chapters in the book address the sources of international law in depth.20 Among the key features of law that...
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A Dissertation on the Canon and Feudal Law ppt
... for the gratification of this passion in themselves; but in none of them were they ever more successful than in the invention and establishment of the canon and the feudal law By the former of these, ... propriety of all the lands within the territory Of him, as his servants and vassals, the first rank of his great of cers held the lands; and in the same manner the other subordinate of cers held of them; ... among the lowest ranks, is of more importance to the public than all the property of all the rich men in the country It is even of more consequence to the rich themselves, and to their posterity The...
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Mary Eliza Mahoney and the Legacy of African-American Nurses docx
... Where they lie on the ground after the battle brought in, Where their priceless blood reddens the grass, the ground, Or to the rows of the hospital tent, or under the roof’s hospital, To the long ... care They helped educate the women about the care of their children and even helped some of them to find employment in occupations where they could bring their children to work with them The focus ... who had enlisted in the military with glorious ideas of fighting for the liberty of their region were quickly stripped of these illusions when they encountered the reality of war That reality...
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the legacy of the mastodon
... economic aspects of geology, the opening of the West to waves of emigration and development, and the role of the new railroads It ends with the announcement of the closing of the American frontier ... controlled the St Lawrence River valley, parts of the Great Lakes, and the whole eastern Mississippi Valley together with their southern lands around the mouth of the Mississippi The British ... in the museum of the Royal Society The tusks agree with those of the African and Asiatic elephant, in being nearly of the same form and texture; and some of them, notwithstanding the length of...
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nature in fragments the legacy of sprawl
... through the work of thousands of activists in the 1960s and 1970s The first Earth Day in 1970 brought another group of innovators to what would become the fight against sprawl Most of these early ... different from those of either of the two ecosystems they separate, and these altered conditions may affect the interior habitat For example, in the middle of a deciduous forest, the environment is ... burrows of the gopher tortoise (Gopherus polyphemus) (Diemer 1992) In fact, the survival of some of these invertebrates at a site is entirely dependent on the presence of these burrows The presence...
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princeton university press imperfect garden the legacy of humanism may 2002
... Postulating the absence of the one, they conclude the desirable absence (for the individual) of the other Having discovered the objective laws of the real, the partisans of this doctrine decide that they ... as the autonomy of the I, the finality of the you, and the universality of the they I use an opposition here familiar to theorists of language between the personal (I, you) and the impersonal (the ... what they have recognized as the very identity of the human race The universality of the they seems, then, to be the counterpart of the membership of all human beings, and they alone, in the same...
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Imperialism, Sovereignty and the Making of International Law Part 1 pdf
... 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, University ... problem, and the critiques of these attempts have, on the whole, constituted the central theoretical debate of the discipline.6 The defining character of this problem to the whole discipline of international ... international law is further reflected by the structure of many of the major textbooks of international law, which introduce the subject by outlining the problem and offering some sort of solution...
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Imperialism, Sovereignty and the Making of International Law Part 2 ppsx
... Yearbook of International Law 506 515 at 506 See ibid Lorimer insisted on the exceptional dependence of the law of nations on the law of nature’ Lorimer, The Institutes of the Law of Nations, ... accepted that the law of nations comprised treaties and customs, but who argued that the overall purpose of the law of nations, derived from the law of nature,27 was that of securing and furthering ... justification of their conquest precisely because it is presented in the language of liberality and even equality Vitoria continuously alludes to the theme of the novelty of the discovery of the Indians:...
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Imperialism, Sovereignty and the Making of International Law Part 3 ppt
... act upon the advice of British Of cers ‘in matters relating to the administration of justice, the development of the resources of the country, the interests of commerce, or in any other matter ... merchants and their families to reside in these cities for purposes of trade See Article II of the Treaty of Nanking See Article X of the Treaty of Nanking Wang Tieya describes the collapse of the traditional ... Institutes of the Law of Nations, p 104 As Gong notes: The subjective nature of the recognition process and the political element within the standard of “civilization” put the European powers in the...
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Imperialism, Sovereignty and the Making of International Law Part 4 pot
... facilitate the economic exploitation of non-European territories The question of the enduring effects for non-European societies of the history of exclusion is related to the issue of the legacy of the ... one of the morals McNair deduces from the history of the development of the Law of Nations is that the progress of International Law is intimately connected with the victory everywhere of constitutional ... respect More generally, the nineteenth century offers us an example of a far broader theme: the importance of the existence of the ‘other’ for the progress and development of the discipline itself...
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