Nicaragua and International Law: The 'Academic' and the 'Real
In: American Journal of International Law, Band 79, S. 657
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In: American Journal of International Law, Band 79, S. 657
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In: 42 New York State Bar Journal, Band 42, Heft 639
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In: Journal of Law Reform, Band 4, S. 11-21
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In: American Journal of International Law, Band 105, S. 163
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In: Valparaiso University Law Review, Band 20, Heft 1, S. 43-53
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In: American Journal of Jurisprudence, Band 26, S. 202
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In: American Journal of International Law, Band 64, S. 892
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What does it mean to assert that judges should decide cases according to justice and not according to the law? Is there something incoherent in the question itself? That question will serve as our springboard in examining what is—or should be—the connection between justice and law. Legal and political theorists since the time of Plato have wrestled with the problem of whether justice is part of law or is simply a moral judgment about law. Nearly every writer on the subject has either concluded that justice is only a judgment about law or has offered no reason to support a conclusion that justice is somehow part of law. This Essay attempts to reason toward such a conclusion, arguing that justice is an inherent component of the law and not separate or distinct from it. Given the history of the topic, I start with a disclaimer. The issues involved in these questions are as vast as they are fundamental. I do not pretend to have a definitive solution. I do attempt a suggestive solution based on an extended hypothetical case.
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In: Washington and Lee Law Review, Band 27
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In: American Journal of International Law, Band 84, S. 516
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In: Chicago Bar Record, Band 61, S. 88
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Lon L. Fuller's The Case of the Speluncean Explorers is a classic in jurisprudence. The case presents five judicial opinions which clash with each other and produce for the reader an exhilarating excursion into fundamental theories of law and the state and the role of courts vis-i-vis legislatures and executives. Though the issues articulated by Fuller are timeless, the past thirty years in jurisprudential scholarship have produced at least one major new vantage point—the "rights thesis".
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In: European Journal of International Law, Band 20, S. 897
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