共查询到20条相似文献,搜索用时 500 毫秒
1.
Hanneke van Schooten 《International Journal for the Semiotics of Law》2009,22(3):307-320
In institutional legal theory, norms and facts are reciprocally operating elements: an interplay in which meaning construction
is closely connected with acting: the pragmatic understanding of legal language in terms of its uses. With the semiotic elements
of institutional theory, extended by the notion of ‘semiotic groups’, an analytical framework can be constructed to analyze
a case study on the shifts in the concept of war which have taken place since the 1945 UN Charter and in the aftermath of
9/11. The semiotic aspects of the institutional approach can offer insight into the complexity of the processes of meaning
attribution in the field of law and war.
相似文献
Hanneke van SchootenEmail: |
2.
Jeremy Horder 《Criminal Law and Philosophy》2007,1(1):41-47
In this analysis of Marcia Baron’s account of excuses, I seek to do two
things. I try to draw out the nature of the distinction between forgiving
and excusing. I also defend the distinction between excuses (like duress),
and denials of responsibility (like insanity).
相似文献
Jeremy HorderEmail: Phone: +020-7453-1220 |
3.
Daniel Paul McLoughlin 《Law and Critique》2009,20(2):163-176
The concept of division or caesura is central to the political and legal philosophy of Giorgio Agamben. This paper examines
the different ways in which Agamben characterises the law in terms of caesura, and the manner in which this analysis of law
is grounded in his analyses of language. I argue that there are two forms of legal division to be found in Agamben’s political
analyses. The first is the division that occurs when the legal system produces determinate identities, such as those of nation,
and socio-economic status. However, this form of division is itself predicated upon the division that delimits the law as
such, the caesura between political and bare life. The way that Agamben sets up both of these political problems is deeply
indebted to his analyses of the ‘presuppositional structure’ of metaphysical language—the fracture between signification and
its excess.
相似文献
Daniel Paul McLoughlinEmail: |
4.
Law and Emotion: A Proposed Taxonomy of an Emerging Field 总被引:1,自引:1,他引:0
Maroney TA 《Law and human behavior》2006,30(2):119-142
Scholars from diverse fields have begun to study the intersection of emotion and law. The notion that reason and emotion are cleanly separable—and that law rightly privileges and admits only of the former—is deeply engrained. Law and emotion scholarship proceeds instead from the belief that the legal relevance of emotion is both significant and deserving of (and amenable to) close scrutiny. It is organized around six approaches, each of which is defined and discussed: emotion-centered, emotional phenomenon, emotion theory, legal doctrine, theory of law; and legal actor.Drawing on the analytic value of the proposed taxonomy, any exploration of law and emotion should strive to identify which emotion(s) it takes as its focus; distinguish implicated emotion-driven phenomena; explore relevant and competing theories of the emotions; limit itself to a particular type of legal doctrine; expose underlying theories of law; and make clear which legal actors are implicated. Directions for future research are discussed and cross-disciplinary collaboration encouraged.
相似文献
Terry A. MaroneyEmail: |
5.
Maria Drakopoulou 《Law and Critique》2007,18(3):331-360
Feminists have so often declared and celebrated the fecundity of the relationship between feminism and legal reform that critique
of legal doctrine and norms, together with proposals for their reconstruction, have become the hallmarks of the modern feminist
engagement with law. Yet today the long-cherished ‘truth’ about law’s potentially beneficial impact on women’s lives has started
to fade and the quest for legal change has become fraught with problems. In responding to the aporetic state in which feminist legal scholarship now finds itself, this paper offers a recounting of the relationship between feminism
and the politics of legal reform. However, in so doing, it seeks neither to support nor to oppose these politics. Instead,
it explores the historical contingencies that made this discourse possible. Utilizing Foucault’s concept of episteme, it demarcates the nineteenth century as the historical moment in which this discourse arose, and tracing the epistemic shifts underpinning the production of knowledge, locates its positivities at the interface of the time’s episteme and the discourse of transcendental subjectivity that it engendered.
相似文献
Maria DrakopoulouEmail: |
6.
Dragana Radosavljevic 《Liverpool Law Review》2008,29(3):269-285
The parameters of legal structures within which perpetrators of most serious international crimes are surrendered to the ICC
and the legal frameworks within which the rights of such individuals are best protected are not sufficiently precise in international
law. By examining both international and some national jurisprudence with regard to mala captus bene detentus practice, the reach of the right to challenge the legality of one’s arrest is evaluated with a conclusion that there is no
uniform state or international practice and that the ICC Statute does not resolve the status of the doctrine nor does it regulate
the effects of abuse of process against accused persons.
相似文献
Dragana RadosavljevicEmail: |
7.
Tom Sorell 《Criminal Law and Philosophy》2007,1(2):215-222
There is something intuitively correct about singling out emergency workers for legal protection, and for criminalizing not
just assault, but obstruction. Moreover, at least one sophisticated theory of right and wrong – Scanlon’s—indicates some deep
reasons for endorsing these intuitions. After applying Scanlon’s theory in the relevant way, I want to argue that the same
grounds it provides for recent Scottish legislation and UK sentencing guidelines can also be given for punishing more seriously
offences that current English law trivialises.
相似文献
Tom SorellEmail: |
8.
Eva Jansson 《European Journal of Law and Economics》2008,26(2):187-211
During regulation the regulator carries out an intermediary role between shareholders and managers, consequently affecting
property rights and the agency relation between the two. Deregulation implies that this intermediary role ceases to exist.
This article analyses how government deregulation changes property rights, differentiating between firms of network and non-network
structures. Changes in property rights affect the agency relation between shareholders and managers, increasing information
asymmetry and agency costs. I argue that the way to reduce agency costs depend to a great extent on the country’s legal system
classified as of common or civil law tradition.
相似文献
Eva JanssonEmail: |
9.
Criminal Justice in a Democracy: Towards a Relational Conception of Criminal Law and Punishment 总被引:2,自引:2,他引:0
René Foqué 《Criminal Law and Philosophy》2008,2(3):207-227
This article starts from the observation that in classical Athens the discovery of democracy as a normative model of politics
has been from the beginning not only a political and a legal but at the same time a philosophical enterprise. Reflections
on the concept of criminal law and on the meaning of punishment can greatly benefit from reflections on Athenian democracy
as a germ for our contemporary debate on criminal justice in a democracy. Three main characteristics of the Athenian model
will be analysed: the self-instituting capacity of a democracy based on participatory and reflective citizenship, political
power as the capacity of citizens for co-operating and co-acting with others, and the crime of hubris as one of the key issues
in Athenian criminal law. These analyses will lead to the conclusion that one of the key issues of a democratic legal order
lies in its capacity of recognizing the fragility of the human condition and of developing workable and effective standards
of justice in that context. A relational conception of criminal law and punishment, based on proportionality, reflexivity,
mutual respect and responsibility fits best with a democracy under the rule of law.
相似文献
René FoquéEmail: |
10.
Juan Dios de Montoro Pons Manuel Cuadrado García 《European Journal of Law and Economics》2008,26(2):153-173
This article aims at identifying differences in copyright protection in prerecorded music markets, and more specifically the
impact of the legal system on the demand for original music CDs. To this end, we use a panel of 28 OECD countries in the period
1999–2005. After testing alternative specifications, our results show that differences in legal origin lead to differences
in intellectual property rights enforcement. Our results also consistent with previous studies that find that common law countries
have more secure property rights.
相似文献
Juan Dios de Montoro PonsEmail: |
11.
Debate about how to best interpret the Constitution often revolves around interpretive methodologies (e.g., originalism or
expansive interpretation). This article examines whether individuals’ political orientation influences the methodologies they
prefer to use to interpret the Constitution. We study this proposed relationship using a survey of federal law clerks and
an experimental study with college students. The survey results indicate that, compared to conservatives, liberal clerks prefer
the current meaning or the most plausible appealing meaning of the constitutional text, while conservatives prefer the original
meaning of the text. Liberal clerks also prefer to interpret the Constitution much more expansively. The second study manipulates
the policy implications of expansive interpretation and finds this manipulation differentially affects liberals’ and conservatives’
expansiveness preferences.
相似文献
Linda BabcockEmail: |
12.
Qi Zhou 《European Journal of Law and Economics》2009,28(1):83-102
Scholars of law and economics have produced a huge amount of literature on how to design an optimal legal standard in tort
law to regulate international torts. However, there are few works to use these theories in the analysis of tort law in an
individual jurisdiction. In this paper, I apply a law-and-economics analytical framework to the study of the legal standards
for deceit in English tort law with an aim to show that the law-and-economics approach could generate new insights valuable
to broad our understanding of the law of deceit.
相似文献
Qi ZhouEmail: |
13.
Ayşegül Sabuktay 《Crime, Law and Social Change》2009,51(5):511-530
This article is concerned with deviations from legal functioning of the modern state, which is supposedly grounded on legal
structure, but may conduct extra-legal activities. In this article, special focus is directed to certain extra-legal activities
of the following modern states: the Susurluk Affair in Turkey, the Iran-Contra Affairs of the USA, GAL in Spain, the Gibraltar
Killings committed by UK soldiers, and enforced disappearances in Argentina. These cases are interpreted from the points of
view of Max Weber’s and Jürgen Habermas’s theories of the rule of law, Hans Kelsen’s legal positivism, Carl Schmitt’s theories
of the political and sovereignty, and Austin Turk’s theory of political criminality. Our purpose, then, is to evaluate these
theories vis-à-vis the cases of extra-legal activities of the state.
相似文献
Ayşegül SabuktayEmail: |
14.
Charls Pearson 《International Journal for the Semiotics of Law》2008,21(3):247-296
This paper shows how Peirce's semeiotic could be turned into a powerful science. The New Science of Semiotics provides not
only a new paradigm and an empirical justification for all these applications, but also a rational and systematic procedure
for carrying them out as well. Thus the New Science of Semiotics transforms the philosophy of law into the science of legal
scholarship, the discipline that I call jurisology.
相似文献
Charls PearsonEmail: |
15.
This article is concerned with the intersections of law, texts and sexuality. Drawing on recent work in theoretical cartography,
this article seeks to argue that a cartographical reading of law can be usefully brought to bear on the legal analysis of
sexuality. This article considers how looking to contemporary theoretical and critical cartography can help to reveal law
as a process of mapping; how sexuality is mapped both within and without the law through cultural texts, and how law’s encounters
with the terrains mapped out by those texts might be enriched and diversified. This article seeks to consider how legal mappings
of the terrains of sexuality might be sufficiently contextualised and located within a wider socio-political context, and
how a specifically cartographical interpretation might reveal the potential for the law to accommodate the complexity of gendered
and sexualised identities that do not easily conform to singular positionings. In order to navigate the texts and terrains
of law and sexuality, we must first learn to become cartographers, and through this process, perhaps open up radical and alternative
mappings.
相似文献
Bela ChatterjeeEmail: |
16.
Causeless complicity 总被引:1,自引:1,他引:0
Christopher Kutz 《Criminal Law and Philosophy》2007,1(3):289-305
I argue, contrary to standard claims, that accomplice liability need not be a causal relation. One can be an accomplice to
another’s crime without causally contributing to the criminal act of the principal. This is because the acts of aid and encouragement
that constitute the basis for accomplice liability typically occur in contexts of under- and over-determination, where causal
analysis is confounded. While causation is relevant to justifying accomplice liability in general, only potential causation
is necessary in particular cases. I develop this argument through the example of the role of U.S. legal officials in abetting
the acts of unlawful interrogation that have taken place since 2001. I also suggest that there may be a limited justification
for ex post ratificatory accomplice liability.
相似文献
Christopher KutzEmail: |
17.
Considering earlier research into police use of force as well as the judicial and practical frame of police work in Germany,
the article presents the results of an empirical study on the individual and collective legitimization of the use of force
by German police officers. There are numerous justifications for the use of force expressed by focus group participants in
eight German Federal States who were responding to a hypothesized scenario. In the discussions observed within the groups,
reference is first made to the state’s duty to prosecute alleged offences and the measures or formal actions to do this—hence,
the legal authority to use force. In the course of the discussions, however, it became obvious that illegal violence may occur,
although it was not perceived as such by the officers. Overall, and after an intensive analysis of the focus group discussions,
it can be stated that use of force (whether legal or not) depends on the police officer’s perception of the resistance of
the person being engaged with. In this regard, different social–cultural or physical–material factors can be identified. They
have different influences on the individual legitimization of police actions, intertwined with the perception of the situation
as constructed by the officer. Three ways of perceiving the situation can be deduced, resulting in different patterns of justification
for the use of force.
相似文献
Astrid Klukkert (Corresponding author)Email: |
Thomas OhlemacherEmail: |
Thomas FeltesEmail: |
18.
19.
With the economics of racism of the 1930s and 1950s American South in mind, our essay explores the relationship between the
act of writing and institutional penology. Taking an obscure, but visceral autobiographical account by Paterson and Conrad
(Scottsboro Boy, Garden City Doubleday, 1950), we examine how discipline, punishment, and institutional identity emerge out of publishing, or, as Foucault put it, “the
power of writing.” Narratives of delinquency born out of a racialized penal economy tend to resist attempts to tame the criminal,
making institutional survival a productive discourse, and its articulation, a unique revolutionary act.
相似文献
Karl Precoda (Corresponding author)Email: |
Paulo S. PolanahEmail: |
20.
Alexandre Lefebvre 《Law and Critique》2006,17(3):389-414
This article stages an encounter between Habermas and Deleuze on law, rights, and adjudication. Most of the article is spent
developing Habermas’s concept of adjudication as the application of communicatively generated norms. This application, I argue,
involves a complex temporality that is at once retrospective and non-creative. Deleuze is used to critique this concept of
adjudication in favor of one based on concrete situations and the creation of new problems. In so doing, I will develop Deleuze’s
notorious, and notoriously hostile, remarks on human rights and philosophies of communication by relating them to discourse
ethics and to the positive conception of law and judgment that can be drawn from his work.
相似文献
Alexandre LefebvreEmail: |