Suchergebnisse

For much of its history, the interpretation of the United States Constitution presupposed judges seeking the meaning of the text and the original intentions behind that text, a process that was deemed by Chief Justice John Marshall to be 'the most sacred rule of interpretation'. Since the end of the nineteenth century, a radically new understanding has developed in which the moral intuition of the judges is allowed to supplant the Constitution's original meaning as the foundation of interpretation. The Founders' Constitution of fixed and permanent meaning has been replaced by the idea of a 'living' or evolving constitution. Gary L. McDowell refutes this new understanding, recovering the theoretical grounds of the original Constitution as understood by those who framed and ratified it. It was, he argues, the intention of the Founders that the judiciary must be bound by the original meaning of the Constitution when interpreting it

Introduction / Salvatore Mancuso -- Analogies and figures of speech in food and law : the fun side of law! / Christa Rautenbach -- Le droit louisianais, un gombo qui s'offre en partage / Olivier Moréteau -- Les ingrédients et les recettes de la cuisine juridique québécoise : entre mixité et pluralité / Matthieu Juneau -- Involvement of Polish legal elites in preparing a new draft of Civil Code, seen as an intellectual feast : menu a la carte or fast food? / Michał Gałędek and Anna Klimaszewska -- Globalization, Americanization, and the epidemic of human obesity : finding the legal reason for a symptom of cultural decline / Joseph P. Garske -- The new prisoner's dilemma : the right to refuse feeding or force-feeding as a duty? / Fabio Ratto Trabucco -- Food as punishment, food as dignity : the legal treatment of food in prison / Maria Chiara Locchi -- 'Elusive and fugitive' : relationships between water, law, culture and survival / Francine Rochford -- Does the EU legislation on the protection of farm animals protect their welfare?/ Moa Näsström -- Intellectual property law : Europe adopts a European patent with unitary effect and unified patent court / Alice Pezard -- La procédure participative avec avocat, un nouveau mode de règlement amiable des litiges au service du consommateur?/ Sylvie Bissaloué -- Product liability from a comparative perspective : what kinds of protection?/ Domitilla Vanni di San Vincenzo.

In this linguistic study of law school education, Mertz shows how law professors employ the Socratic method between teacher and student, forcing the student to shift away from moral and emotional terms in thinking about conflict, toward frameworks of legal authority instead