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This paper focuses on Pascal's controversial pronouncements on justice, force and law. It proceeds, in light of a preliminary examination of historical context, questions of textual interpretation, and Pascal's method and study of man, to show in Pascal's thought a theory of law which (a) rejects rationalist and naturalist explanations, (b) incorporates positivism and by implication what is today called "historicism," and (c) transcends both positivism and historicism dialectically in a Christocentric biblical view of cosmic order.

Bringing a timely synthesis to the field, The Handbook of Law and Society presents a comprehensive overview of key research findings, theoretical developments, and methodological controversies in the field of law and society.

The paper will attempt to show that there are many factors associated with a small domestic market that have a bearing on competition law and policy, and therefore competition regime of a small state should take these factors into account. Special reference will be made to Malta, where competition legislation is modelled on EU competition law. The thrust of the arguments put forward in this paper is not that competition rules should be discarded in small states or that abuse should be tolerated. The basic contention is that exceptions, normally based on considerations such as improved efficiency, distribution, and overall consumer benefit, are more likely to be relevant in small states in certain circumstances. ; peer-reviewed

The United Nations Declaration on the Rights of Indigenous Peoples is seen primarily as an international human rights instrument. However, the Declaration also encompasses cultural, social and economic rights. Taken in the context of international trade and investment, the UN Declaration is a valuable tool to support economic self-determination of Indigenous peoples. This volume explores the emergence of Indigenous peoples' participation in international trade and investment, as well as how it is shaping legal instruments in environment and trade, intellectual property and traditional knowledge. One theme that is explored is agency. From amicus interventions at the World Trade Organization to developing a future precedent for a 'Trade and Indigenous Peoples Chapter', Indigenous peoples are asserting their right to patriciate in decision-making. The authors, both Indigenous and non-Indigenous experts on trade and investment legal, provide needed ideas and recommendations for governments, academia and policy thinkers to achieve economic reconciliation.

This article analyzes impacts of formal strategic planning, strategic types, stakeholder involvement, and their interactions on performance in Norwegian municipalities. Internal stakeholders often overstate their organization's performance. Therefore, the analysis complements subjective survey data on strategic planning, strategy content and the senior officials' perceptions of the impacts of the strategic planning, with more objective administrative data of municipal production, efficiency and change in efficiency. Moderated multiple regression analyses show that strategic planning and a defender strategy had positive perceived impacts. The analyses with administrative data for performance showed little significant positive impacts of strategic planning, strategy content and stakeholder involvement. ; submittedVersion

"The book addresses questions about the roles of law and politics and the challenge of legitimacy in constitutional adjudication in the Supreme Court. With all sophisticated observers recognizing that the Justices' political outlooks influence their decision making, many political scientists, some of the public, and a few prominent judges have become Cynical Realists. In their view Justices vote based on their policy preferences, and legal reasoning is mere window-dressing. This book rejects Cynical Realism, but without denying many Realist insights. It explains the limits of language and history in resolving contentious constitutional issues. To rescue the notion that the Constitution is law that binds the Justices, the book provides an original account of what law is and means in the Supreme Court. It also offers a theory of legitimacy in Supreme Court adjudication. Given the nature of law in the Supreme Court, we need to accept and learn to respect reasonable disagreement about many constitutional issues. If so, the legitimacy question becomes: how would the Justices need to decide cases so that even those who disagree with the outcomes ought to respect the Justices' processes of decision? The book gives a fresh and counterintuitive answer to that vital question. Adapting a methodology made famous by John Rawls, it argues that the Justices should strive to achieve a "reflective equilibrium" between their interpretive principles, framed to identify the Constitution's enduring meaning, and their judgments about appropriate outcomes in particular cases, evaluated as prescriptions for the nation to live by in the future. The book blends the perspectives of law, philosophy, and political science to answer theoretical and practical questions of pressing national importance"--

In what ways has Islamic law discriminated against women and privileged men? What rights and power have been accorded to Muslim women, and how have they used the legal system to enhance their social and economic position? In an analysis of Islamic law through the prism of gender, Judith Tucker tackles these complex questions relating to the position of women in Islamic society, and to the ways in which the legal system impacted on the family, property rights, space and sexuality, from classical and medieval times to the present. Working with concepts drawn from feminist legal theory and by using particular cases to illustrate her arguments, the author systematically addresses questions of discrimination and expectation - what did men expect of their womenfolk - and of how the language of the law contributed to that discrimination, infecting the system and all those who participated in it