In theory, soft positivism would still be a correct description of a legal system that has only a single rule of recognition which says: do justice (Coleman1998). Once this ‘inclusive’ view of legal positivism is taken, it is no longer evident that, as with the debate between natural la...
12.Judicial Activism:Judicial Practice beyond Legal Formalism;司法能动主义:司法实践超越法律形式主义 13.On Substantivism in Choice of Law in Private International Law;论国际私法的实质主义法律选择方法 14.Legal Sociology: Legal Obedience and Legal Justice A Study of Chinese Legal Awareness;法社会学:法律...
All the main topics of his philosophical writings are covered: (1) general jurisprudence and legal positivism; (2) criminal responsibility and punishment; (3) theories of rights; (4) theories of justice; (5) causation in the law; and (6) toleration and liberty. As was evident from the ...
The legal notions include anarchy, customs, rules, law, fairness, equality and justice. These ... 3 pages 47 1 May/2004 4.0 Essay On A Day Without Rules In my opinion a society without laws is a society in a state of chaos. A state without laws and government would be anarchy. By ...
The Role of Social Work in Contemporary Colonial and Structurally Violent Processes: Speaking to Aboriginal Social Workers who had Child Welfare and/or Cri... As a relatively recent phenomenon, the increasing overrepresentation of Aboriginal persons in both the child welfare and criminal justice system...
(Hopkins-Burke, p. 85-89, 2011). The idea was that individuals are rational beings and have free will with regards to their behaviour. Should someone choose to be involved in criminal activities, they should be held personally responsible for their behaviour and be punished accordingly. Crime,...
17.The Argumentation for the Legal Validity of Inductive Reasoning in Case-law;归纳法在判例主义法律推理中的有效性与论证 18.Re-discussion on the Criminal Illegality at the Age of Post-Positivism;论后实证主义法学时代的刑事违法观 相关短句/例句 legal positivism法律实证主义 1.Tendency of the Harmoniou...
This article reports analyses and conclusions formulated from comments about Brazilian Criminal Justice and that they had given to origin the thesis "Criminal Justice in Current Brazil: Democratic speech - practical authoritarian". Focusing specifically national legal education, this text looks for to ...
Until recently, its importance was said to stem from its renewal of 'natural law' and from its 'formula', according to which the value of justice should override that of legal certainty in extreme cases. In this contribution, a close examination will show that Radbruch's text is less uni...
In evaluating this argument, the Article defends the traditional account, often identified with the liberal positivism of Justice Holmes. The Article advances three main arguments. First, legal moralism's claim that a negligence standard is more effective than a strict liability standard in ...