Suchergebnisse

Acknowledging that a certain "rule of law" does not necessarily advance freedom, it is contended that the content & administration of law do affect human freedom. It is asserted that freedom is not located in the legislation, constitutional ideology, or common law of a given political system. Using Cicero's aphoristic contention that slavery is necessary for freedom, it is argued that freedom in law is incompatible with absolute freedom; however, freedom is contingent on certain constraining conditions. Consequently, freedom according to the law is embedded in the assertion that law & freedom are capable of being intertwined. Three conclusions from an analysis of the delimitation of law & freedom on an international level are advanced (eg, law is dependent on the prior exercise of freedom). It is concluded that law is most easily located in judicial explanations of legal principles. 20 References. J. W. Parker

"This book uses Niklas Luhmann's systems theory to explore how the legal system operates as one of modern society's subsystems. The authors demonstrate how this theory alters our understanding of some of the most important and controversial issues within law: the nature of judicial communication and legal argument; the claim that it can be right to disobey law; the character of legal pluralism and globalisation; time and its construction within law; the significance of the rule of law and human rights and the role of appeals to, and within, law."--Back cover

Abstract: This article describes how the media understand miscarriages of justice, and how that understanding is distinct from the understanding of miscarriages of justice that determine the Court of Appeal's decisions and enable it to reach the conclusion that a conviction is unsafe. It demonstrates how at particular times the media construct a story of a 'crisis of public confidence' in the criminal justice system, how such a story is periodic and recurrent, and how attempts to control or reduce the likelihood of such a story being developed tend to be unsuccessful, or even counterproductive.