Top Research Papers on Law

Theorists who tackle “What is law?” usually acknowledge the difficulty of the question, then, with hardly a pause, launch into their proposed answer. Instead, focusing on three main categories of concepts of law, I examine in detail why previous attempts have failed to achieve a consensus. Several factors have contributed. One source of disagreement involves clashes among intuitions about law. Further problems are created by the narrowness of functional analysis, on which nearly all concepts of law are based. Confusion also arises because law shares basic characteristics with many social insti...

Colorado Law takes its responsibility to educate and train future lawyers very seriously, and its curriculum, research centers, and experiential learning opportunities are designed to prepare students for success in today's changing legal environment.

W DOT rHAT do we mean when we say that legal decisions are based upon facts or rules? We are tempted to say that the meaning is that the decisions are inductive consequences of facts or deductive consequences of rules. The former model seems at home in criminal law, the latter in civil law. The judge or jury examines evidence and hears testimony (the defendant was there at 8:00 P.M., he had expressed an intention to kill, etc.) and finally declares the man guilty of the act on the basis of the evidence and testimony. What better example could we have of inductive justification? Or, in civil la...

This chapter discusses the way Dante’s major works, like Monarchia and Convivio, articulate a strong and complex interrelation among religious, political, and legal concepts. Dante’s Commedia, too, is a universal masterpiece whose literary-theoretical framework is simultaneously and manifestly a legal one. Dante the political philosopher as well as Dante the poet fully assimilated the legal culture of his century. He was not a canonist or a jurist either, even though he quoted canon and Roman law everywhere, castigating papal decretals and the decretalists in the harshest terms but also follow...

This chapter takes a look at the barristers. Becoming a barrister was always something of a gamble: only a minority achieved even a modicum of professional success, and many quit the profession in disgust while relatively young men. The position worsened in the years after the Napoleonic Wars when the size of the Bar expanded far more quickly than the demand for barristers — partly because the end of the war made alternative careers in the army and navy much less appealing. Nonetheless for an ambitious young man, particularly of an earlier generation, the Bar was not necessarily a bad choice: ...

For James, the law was not a major issue. He does refer to the law on three separate occasions (1:25; 2:8-13; 4:11-12), but in each of these instances he is not asking questions about the law itself but rather assuming its validity and using it to develop or illustrate the particular point he is making. It is perhaps because of this that most studies of the law in James seem to have some other issue as their primary interest, as for example Seitz, whose main purpose is to see how James’s use of the law affects the authorship question. It is interesting that the freedom with which James refers ...

Book synopsis: This a a broad ranging introduction to 21st century anarchism which includes a wide array of theoretical approaches as well as a variety of empirical and geographical perspectives. The book demonstrates how this vibrant and often controversial ideology has influenced the humanities and social sciences including anthropology, art, feminism, geography, international relations, philosophy, political science, postcolonialism and sociology. Drawing on a long historical narrative that encompasses the 'waves' of anarchist movements from the post-war wave of student, counter-cultural an...

That the present system of administering justice in small cases through the medium of the Justice. of the Peace is a misshapen and perverted thing, contributing nothing to any substantial results in the proper determination of controversies, will probably be generally conceded. How the system originated, and how it came to its present stage of perfect inefficiency, would make an interesting chapter for the legal antiquary. It is a chapter, however, apart from our present task, which is a practical rather than historical treatment of the subject. It may be remarked in passing that the civil jur...

ACROSS the Arab world, homosexual conduct is criminalised. Penalties vary: imprisonment is the most common, capital punishment features too. Of particular concern are the penalties under sharia law, in operation in many countries, which include death by stoning or flogging. (Sharia has four different schools and many different interpretations: it’s not clear that all of them actually penalise homosexual conduct per se or that death is the penalty laid down in all the schools.) Only Jordan has legalised homosexual sex for both men and women, but it is by no means clear that the country is free ...

A charity, in the legal sense, may be more fully defined as a gift, to be applied consistently with existing laws, for the benefit of an indefinite number of persons.

All citizens are required to act within the law and simultaneously are protected by the law. However, as a potentially vulnerable group, people with intellectual disabilities are sometimes identified specifically in law for their protection. More general legislation is sometimes highly relevant to people with intellectual disabilities and can impinge on the practice of the nurse for people with intellectual disabilities. This chapter presents a thorough overview of a range of primary legislation relevant for students and nurses for people with intellectual disabilities. Where appropriate, rele...

A clear, accessible and irreverent guide to how the UK's legal machine works. Traditionally, the Law has been shrouded in mystery, and to most of us, it seems impenetrable and hugely complicated. But in today's world, our need to understand it is rapidly growing. Existing book are either dry, academic, aimed solely at student readerships, esoteric in style, or argumentative for this or that change in the law. How the Law Works is different. It offers clear, critical and intelligent coverage to enable us to make sense of those things that matter most to us in our day-to-day life, and which are ...

The whole vast world is no more than man’s imagining pushed out. I must qualify that by saying that the world outside of man is dead, but Man is a living soul, and it responds to man, yet man is sound asleep and does not know it. The Lord God placed man in a profound sleep, and as he sleeps the world responds as in a dream, for Man does not know he is asleep, and then he moves from a state of sleep where he is only a living soul to an awakened state where he is a life-giving Spirit. And now he can himself create, for everything is responding to an activity in man which is Imagination. "The ete...

A clear, accessible and irreverent guide to how the UK's legal machine works. Traditionally, the Law has been shrouded in mystery, and to most of us, it seems impenetrable and hugely complicated. But in today's world, our need to understand it is rapidly growing. Existing book are either dry, academic, aimed solely at student readerships, esoteric in style, or argumentative for this or that change in the law. How the Law Works is different. It offers clear, critical and intelligent coverage to enable us to make sense of those things that matter most to us in our day-to-day life, and which are ...

the Ghanaian and comparative context is that of prosecutions for the contempt of ‘scandalising the court’. The author approves of the exercise by the Supreme Court of its contempt powers during a period of tension generated by the hearing of a presidential election petition. As the author notes, the determination of the balance between freedom of expression and protection of national security and the due administration of justice may evolve over time. In more tranquil times, judges may take a more relaxed view of scurrilous abuse. In his final chapter, the author offers some concluding reflect...

L’articolo intende sottolineare come i temi legati alla legge e alla giustizia, nell’ambito della musica popolare, siano ben presenti nel blues. Questi temi si ripresentano nel rock’n’roll, che d’altronde ha le sue radici proprio nel country, nel folk e nel rhytm’n’blues. Si segue in particolare lo sviluppo del ‘classico’ I Fought the Law, composta originariamente nel 1957 e con succes­sive riproposizioni fino ad oggi.

Il saggio vuole riflettere su un autore che, sebbene negli ultimi anni abbia conosciuto una riscoperta sia in Francia che in Europa, rimane, soprattutto in Italia, poco noto e sottovalutato. L’opera di Romain Gary invece si presta più di altre a essere esaminata con la lente del giurista e dello storico, attenta a scrutare nelle pagine romanzesche istanze legate al diritto, alla libertà e alla giustizia. La Resistenza vissuta e narrata da Gary attraverso i suoi numerosi alter ego letterari rappresenta un momento etico e pedagogico, mai retorico, di lotta per il diritto e per la memoria.

The paper argues that Thomas Wolfe’s novella I Have a Thing to Tell You was written to enable his readers to construct the reality of discrimination against Jews in Nazi Germany in the period surrounding the Berlin Olympic Games of 1936. Wolfe’s intention was to record faithfully an episode that took place on a train in Germany in early September 1936, which brought home to him more forcibly than any other personal experience the reality of Nazi oppression. Through this story Wolfe wanted to engage his readers in a narrative discourse, to reveal the truth as he saw it, and to ask his readers t...

economy. if they are, the price would certainly not too high the East European This is an empirical study of the divorce law in Poland, which bases the determina tion of reasons for divorce upon the formula received from Soviet law. Between the wars Polish jurists included a new family law—dealing with both marriage and divorce—in their program of legislative reform. The draft was prepared, but for a number of reasons (rooted primarily in local traditions) enactment was delayed. It was adopted in 1945 after the liberation of Poland. The 1945 law was replaced in 1950 by the law modeled after th...

The role of music in the education of the handicapped has been a subject of concern in the music education field for many years. The number of workshops, symposiums, and special sessions now being held at conventions, in schools, and on university campuses is evidence that interest in the subject has increased. Special committees are being organized, position papers formulated, and courses in music in special education offered at various universities. This activity and interest should be viewed optimistically, especially since it reflects the