legal theory / philosophie du droit
Resources, thoughts and links compiling issues of jurisprudence - in it's ambivalent interpretations - legal theory, legal philosophy, "Rechtsphilosphie". Anything discussing the essence, interpretation and evolution of norms or inquiring the social, political anthropological (and you name it) reasons and logic behind following or applying a rule - will have it's place here. Mar 1
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A mug shot of Ernesto Miranda, whose wrongful conviction led to the landmark case Miranda v.
In Chinese history , Legalism ( Chinese : 法 家 ; literally "Law House"; pinyin : fă jiā ), a Chinese philosophy emphasizing strict obedience to harsh laws, was one of the main philosophic currents during the the Warring States Period , although the term itself was later applied during the Han Dynasty and thus does not refer to an organized 'school' of thought. Legalism was a utilitarian political philosophy that did not address higher questions like the nature and purpose of life. [ 1 ] The school's most famous proponent and contributor Han Fei Zi (韓非子) believed that a ruler should use the following three tools to govern his subjects: Fa ( Chinese : 法 ; pinyin : fǎ ; literally "law or principle"): The law code must be clearly written and made public. All people under the ruler were equal before the law. Laws should reward those who obey them and punish accordingly those who dare to break them.
Book Review: Noam Lubell, Extraterritorial Use of Force against Non-State Actors
Can a modern democracy impose a prolonged military occupation on another people while retaining its core democratic values?
January 14, 2013 Secretary for Justice Rimsky Yuen Being an international city, Hong Kong welcomes every opportunity to have exchanges with other jurisdictions.
Les assises se relèvent-elles? Page 16 Mardi 6 octobre 2009
The Court's judgment on Tuesday in the case of Taxquet v. Belgium has led to a lot of debate in that country. The applicant in the case was one of the convicted persons in the large trial in the highly publicised case concerning the murder on politician André Cools.
Karl Jaspers zu seinem Studenden GM im November 1931: „Haben Sie gelesen, was der Ludwig Marcuse über mein Büchlein geschrieben hat?“ Ich hatte. Marcuse, in Leopold Schwarzschilds Wochenschrift „Das Tagebuch“, fand am „Büchlein“, an der „Geistigen Situation der Zeit“, manches Treffende, rügte aber, daß der Autor kein Pazifist und nicht unbedingt gegen einen „nächsten Krieg“ sei. Jaspers, an sich empfindlich gegenüber jeder Kritik, nahm Anstoß an dieser und erklärte mir warum.
Karl Jaspers ' vier Schuldbegriffe (1946) In seiner 1946 erschienenen Schrift "Die Schuldfrage" setzte sich der Heidelberger Philosoph Karl Jaspers ausführlich mit der Frage von Schuld und Verantwortung für die Verbrechen des Nationalsozialismus auseinander. Er stellte in diesem Zusammenhang vier Kategorien der Schuld auf: - die kriminelle Schuld aufgrund objektiv nachweisbarer Gesetzesverstöße,
Critical legal studies (CLS) is a theory that challenges and overturns accepted norms and standards in legal theory and practice. Proponents of this theory believe that logic and structure attributed to the law grow out of the power relationships of the society. The law exists to support the interests of the party or class that forms it and is merely a collection of beliefs and prejudices that legitimize the injustices of society. The wealthy and the powerful use the law as an instrument for oppression in order to maintain their place in hierarchy. The basic idea of CLS is that the law is politics and it is not neutral or value free.
Philosophy of law (or legal philosophy) is concerned with providing a general philosophical analysis of law and legal institutions. Issues in the field range from abstract conceptual questions about the nature of law and legal systems to normative questions about the relationship between law and morality and the justification for various legal institutions. Topics in legal philosophy tend to be more abstract than related topics in political philosophy and applied ethics .
Understanding law as a matter of language requires attending to the ways that law hears and is heard. Exploring the hearing of law leads into issues of experience and temporality to which speech act "theory" gives short shrift. Such a turn reorients both current models of legal positivism and contemporary representations of impartial justice which overemphasize issues of blindness and sight. As the readings of this seminar show, the turn to hearing also allows one to negotiate the materiality of the human condition while taking history seriously.
Collections http://www.philosophiedudroit.org/ I.