Law and economics in developing countries
In: Hoover Institution Press publication 469
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In: Hoover Institution Press publication 469
In: Cornell International Law Journal, Volume 54, Issue 4
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In: The annals of the American Academy of Political and Social Science, Volume 543, p. 15-166
ISSN: 0002-7162
Examines the consequences of federalizing crime through legislation, overlapping federal and state jurisdiction, and the federal role in sentencing, prosecution, and procedure in state cases, US; 13 articles.
"International Law: Text, Cases and Materials provides not only an essential introduction to the core concepts and foundational principles of international law, but also a detailed overview of each established area in which international law operates. The most comprehensive textbook available, it will be ideal reading not only for any course on international law, but also as a starting point for those wishing to grasp the context of a particular of international law before exploring further"--
In: Soziale Probleme, Volume 7, Issue 1, p. 27-42
'Der Beitrag befaßt sich mit der Beziehung von Soziologie und Recht zum Geschlecht. In einer professions- und disziplinkritischen Perspektive wird die Frage diskutiert, wie es zu der lang anhaltenden Ignoranz der Geschlechterproblematik in beiden Disziplinen kommen konnte und welche Konsequenzen sich hieraus für eine künftige Rechtssoziologie der Geschlechterverhältnisse ergeben.' (Autorenreferat)
In: 5 The Theory and Practice of Legislation 149 (2017)
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In: EC and International tax law series 3
1. Introduction -- 2. Hume and natural facts -- 3. Kant and natural facts -- 4. Early natural law : the fusion of fact and value -- 5. Early natural law : principles of practical reason -- 6. New and traditional natural law : epistemological comparisons -- 7. Natural law's contribution to normativity and law.
In: Antwerp maritime law seminars
Intro -- Title Page -- Copyright Page -- Table of Contents -- Preface -- Table of Abbreviations -- PART ONE: EVOLUTION -- * Postmodern Tribalism and the Right to Secession -- * Postmodern Tribalism and the Right to Secession, Comments -- * Africa: Lost between Self-Determination and Uti Possidetis -- * The Evolution of Minority Rights in International Law -- * The Evolution of Minority Rights in International Law, Comments -- * Third Generation Rights -- PART TWO: LEVELS OF IDENTIFICATION AND PROTECTION -- * The Emergence of "New Minorities" as a Result of Migration -- * The European Communities and its Minorities -- * Indigenous Peoples -- * The Degree of Self-Rule of Minorities in Unitarian and Federal States -- PART THREE: MEANS OF ENFORCEMENT -- * Fact-finding into the Problems of Minorities -- * The International Judicial Protection of Peoples and Minorities -- * The Legitimacy of the Use of Force to Protect Peoples and Minorities -- * International Representation of Peoples and Minorities -- * The Position of UNPO in the International Legal Order -- THE SECOND AMSTERDAM INTERNATIONAL LAW CONFERENCE -- * Synthesis of Discussions -- * Closing Address -- Table and Index of Treaties and Other International Instruments -- Index.
Writing Rethinking Criminal Law ("Rethinking") was a gamble. No one had ever written a serious book on comparative criminal law – in English or in any other language. No one had ever addressed English-speaking readers with the argument that some other system of legal thought – espoused by a nation defeated in a major war just thirty years before – had a superior literature on criminal law and a more refined way of thinking about the structure of criminal offenses. No one had tried to present the system of criminal law as though it were a species of "political and moral philosophy." If ever there was chutzpah, this was it. The structure of Rethinking almost defied readers to find it interesting or useful. The conventional way to write textbooks in continental Europe is to distinguish between the general part and special part and devote a book to each. The general part always receives attention first because it is considered the foundation of the whole system. For all my devotion to philosophical and Continental thinking, my basic training was in the common law, and I still thought about law in the inductive style of the case method. This is why I took the highly unconventional approach of beginning the book with the special part, initially with a detailed analysis of the history of theft in the common law. I would have thought that this choice of topics and the detailed analysis of the cases would turn off most of my readers. The approach was unfamiliar to almost everyone. The style of writing on the Continent is always deductive and authoritative and – though I did not notice it in the late 1970s – the Continental approach is almost always internal and parochial. The German literature cites only German authors; the French cite only the French. The Germans refer to their work on the general principles of criminal law as Dogmatik – a term borrowed from the Catholic Church to refer to the teachings offered by the priests to elaborate the tenets of the faith. This term aptly describes the system of thought that the Germans have developed. They have faith in a certain set of organizational distinctions, and their task is to elaborate and explain the system. Common law lawyers have a similar set of dogmas. They are not aware of the extent to which they subscribe to their ideas as a matter of faith. They subscribe to certain formulae as though they were unquestionable truths – claims, for example, about the necessity of mens rea and actus reus. They believe in the indispensability of "policy" decisions and adhere to Holmesian realism ("general propositions do not decide concrete cases") as though there were no other way to think about law. At the outset I was restrained, in Rethinking, by the assumption that I would not repeat these standard orthodoxies without subjecting them to a thoroughgoing critique. At the level of style and substance, Rethinking was an iconoclastic book. It occurs to me now that it was also a conservative book. I will explain why.
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In: The World Economy, Volume 43, Issue 3, p. 681-704
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World Affairs Online
In: Muslim world journal of human rights, Volume 4, Issue 1
ISSN: 1554-4419
Agitation for women's rights in Iran is entwined with broader movements for freedom and reform that critique the Islamic Republic's shari'a law as discriminatory. Despite the foundation of these reform efforts in the social realities of contemporary Iran, anyone who critiques laws governing the rights of women is prone to the charge of insulting the sanctity and foundation of Islam and subject to harsh penalties. Reform efforts will be hamstrung until there is a foundation for open discourse and debate in Iran. Thus, human rights such as the right to freedom of expression and related rights must be seen as the fundamental basis for successful political and legal reform in Iran – whether that reform is based in liberal Islam or secularism.