共查询到20条相似文献,搜索用时 31 毫秒
1.
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.
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Eva JanssonEmail: |
2.
Vera Bergelson 《Criminal Law and Philosophy》2009,3(1):19-28
In this article, I confront Garvey’s argument that a weak-willed individual deserves partial excuse for trying to resist a
strong desire that pushes him toward commission of a criminal act even though in the end he unreasonably abandons his resistance
and commits the crime. I attempt to refute Garvey’s argument on two counts: one, I question whether the law should indeed
provide mitigation to such an offender; and two, I argue that, even if it should, this mitigation may not come in the form
of a partial defense. Defenses, even partial, are desert based, and there is nothing in Garvey’s offender’s circumstances
that makes him less blameworthy for the crime he committed. A court may choose to treat such an offender more leniently but
it should not be mandated to do so.
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Vera BergelsonEmail: |
3.
Michael Blecher 《Law and Critique》2008,19(3):297-306
The governance phenomenon brings law back to its very ‘origin’, namely, law-making (‘Recht-Fertigung’), and reveals that law
is not anchored to a specific ‘polis’ or to Hobbesian statehood, but is able to pursue different forms of ‘the common’ as
long as its paradox function is fulfilled. Law recognises and develops normative standards for the creation of social structures
while also leading a continuous battle against any restrictions to democracy, common wealth and justice connected to these
structures. Law here acts ‘politically’ and in affinity to social movements that struggle against any form of social ‘immunisation’.
This article analyses the conditions of this affinity and its consequences for the concept of ‘justice’.
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Michael BlecherEmail: |
4.
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.
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Daniel Paul McLoughlinEmail: |
5.
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.
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Tom SorellEmail: |
6.
The purpose of this paper is to show, using the example of socialist Yugoslavia, how and why authors’ rights laws were applied
in a socialist regime relying on the same rhetoric of ownership and individualism that marked their use in the capitalist
West. In this way, Yugoslav laws have served us as an excuse to examine the connection between rights guaranteed by the legal
apparatus and a type of control over creative processes that these rights make possible. Since it is a fact that both single-party
socialism and pluralist capitalism have employed the same concept of authors’ rights and authorship, it is our claim that
the two systems have been and are equally interested in limiting creative freedom by means of property derived from authors’
rights. To the extent to which Yugoslav legislative, political, cultural, and ideological practice borrowed from the Soviet
variety of socialism, we will consider examples from that tradition as well, treating it as the strictest incarnation of Marxism
in Europe.
相似文献
Natalija GrgorinićEmail: |
7.
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).
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Jeremy HorderEmail: Phone: +020-7453-1220 |
8.
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: |
9.
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: |
10.
Michael Levi 《Crime, Law and Social Change》2008,49(5):365-377
This article examines the media reportage of white-collar crimes, organised crimes and cybercrimes, principally in the British
but also in the US media. It illustrates the ways in which different newspapers depict crime seriousness and how some defendants
adapt to these portrayals. It examines competing explanatory models and suggests that although reportage has an ideological
component, ‘news values’ and production pressures as well as ‘action triggers’ such as prosecutions or regulatory interventions
are important.
相似文献
Michael LeviEmail: |
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.
Nicholas Kyriazis 《European Journal of Law and Economics》2009,27(2):109-127
The present essay analyses Athenian finances during the fourth century BC, the ‘Age of Demosthenes’, from both the revenue
and expenditure points of view. It examines how Athenians practiced the concept of ‘economic democracy’ on matters of public
choice, and the sometimes ingenious solutions they adopted for financing public goods such as defense, education and ‘social
security’. Ancient Athens, the ‘prototype’ political democracy, was advanced also in matters of public administration, finance
and institutions, on which political democracy was based and without their smooth running could not have functioned.
相似文献
Nicholas KyriazisEmail: |
13.
Jessica Whyte 《Law and Critique》2009,20(2):147-161
Over the past decade, as human rights discourses have increasingly served to legitimize state militarism, a growing number
of thinkers have sought to engage critically with the human rights project and its anthropological foundations. Amongst these
thinkers, Giorgio Agamben’s account of rights is possibly the most damning: human rights declarations, he argues, are biopolitical
mechanisms that serve to inscribe life within the order of the nation state, and provide an earthly foundation for a sovereign
power that is taking on a form redolent of the concentration camp. In this paper, I will examine Agamben’s account of human
rights declarations, which he sees as central to the modern collapse of the distinction between life and politics that had
typified classical politics. I will then turn to the critique of Agamben offered by Jacques Ranciere, who suggests that Agamben’s
rejection of rights discourses is consequent to his adoption of Hannah Arendt’s belief that, in order to establish a realm
of freedom, the political realm must be premised on the expulsion of natural life. In contrast to Ranciere, I will argue that
far from sharing the position of those thinkers, like Arendt, who seek to respond to the modern erosion of the borders between
politics and life by resurrecting earlier forms of separation, Agamben sees the collapse of this border as the condition of
possibility of a new, non-juridical politics.
相似文献
Jessica WhyteEmail: |
14.
Adam Sitze 《Law and Critique》2007,18(1):55-89
This essay is a study of three texts written by the psychoanalyst Wulf Sachs. These texts hold an important lesson about the
psychoanalytic turn in jurisprudence. Their attempt to extend psychoanalysis’s frontiers to fight the legalization of racism
in pre-apartheid South Africa recoils upon itself, stripping self-evidence from the singular constellation of law, life, language,
and sovereignty psychoanalysis derives from ancient and modern tragedy and formalizes into a discipline. Even as Sachs’s trilogy
turns to psychoanalysis to critique the legalization of racism, it also points to the limits of psychoanalysis itself as a
paradigm for the study of law.
相似文献
Adam SitzeEmail: |
15.
Jiří Přibáň 《International Journal for the Semiotics of Law》2009,22(2):179-195
The spirit of the laws is a symbol reflecting the ontological status and transcendental ideals of the system of positive law.
The article analyses historical links between the romantic philosophy of the spirit of the nation (Volksgeist), which subsumed Montesquieu’s general spirit of the laws under the concept of ethnic culture, and recent politics of cultural
and ethnic identity. Although criticising attempts at legalising ethnic collective identities, the article does not simply
highlight the virtues of demos and the superiority of civic culture against the vices of ethnos and the regressive nature of ethnic politics of identity. Instead, the author argues that the civil democratic concept of
political identity is part of the more general process of social differentiation: unlike the pre-political ethnic concept
of identity, it can be converted to generalised democratic procedures and thus dismantle the totalitarian claims of cultural
identity politics.
相似文献
Jiří PřibáňEmail: |
16.
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: |
17.
Narnia Bohler-Muller 《Law and Critique》2007,18(2):253-274
This contribution offers a careful but critical reading of Johan van der Walt’s theory of post-apartheid law as sacrifice and social struggle. By placing a theoretical emphasis on the inevitability of violence and the impossibility
of love, Van der Walt’s thesis risks denying the possibility of thinking the world in a different, way. In order to reconceive
the terms of community and horizontality in post-apartheid South Africa, there is a need to move beyond thinking the world as constructed according to tension, conflict and self-preservation
at the expense of understanding and compassion. In developing a critique of law as sacrifice, I utilise Panu Minkkinen’s call
for justice as the beyond of law that goes beyond the mere battle for recognition. I also address his view that the unappeasable
desire of metaphysics entails the recognition that there is hope for the future and the recovering of transcendence as otherness.
Secondly, I use Louis Wolcher’s work on Zen Buddhism to argue that any obsession with conceptual purity, as is glimpsed in
Van der Walt’s work, ignores the impossibility of setting down the immutable and universal truth for all time. In other words, however attractive a theory of law as sacrifice may be, it
is only one perspective amongst many others. Lastly, I contrast Van der Walt’s work with that of Luce Irigaray, and in particular
her formulation of ‘horizontal transcendence’ that makes possible relations ‘between two’.
相似文献
Narnia Bohler-MullerEmail: |
18.
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: |
19.
Karen Atkinson 《Liverpool Law Review》2008,29(2):143-163
This article examines the effects of the Charity Commission’s implementation of risk-based regulation on the political campaigning
activities of charities. In doing so, it draws on the findings of a recent empirical study which explored charity representatives’
awareness of relevant law and regulation and their perceptions of the obstacles they faced in their campaigning work. The
article begins with a brief exploration of the emergence of risk-based approaches to regulation, followed by consideration
of the legal and regulatory requirements for risk management by charities. Moving to its main focus of political campaigning,
the article notes the unique legal issues faced by charities in campaigning work. It provides a comparative evaluation of the 2004 and 2008 versions of Charity Commission guidance CC9 on campaigning and
political activity by charities (CC9) in terms of their approach to legal compliance, their formulation of the specific risks
of campaigning and their approach to the process of risk management itself. In addition, the article considers the relevance
to campaigning activity of the Commission’s current plans for an ‘enhanced approach’ to risk in its compliance work. The article
concludes by considering the potential impacts on charitable campaigning of both the Commission’s overall approach to campaigning
and its perceived risks, and of further entrenchment of risk principles in charity regulation.
相似文献
Karen AtkinsonEmail: |
20.
Marie Hockenhull Smith 《Law and Critique》2007,18(1):91-116
Over the course of several books, Zizek develops a psychoanalytical account of the symbiosis between the public law and the
individual subject’s own acquiescence. It is of course a non-formalist theory, suggesting that formal law alone does not achieve
social order. This article applies an element of the theory empirically to a historical question: to the question of how the
behaviour of juries in a particular type of 18th-century adultery trial managed to be both the object of contemporary controversy
and an expression of normative values. The social ambivalence signalled by that doubleness opens surprisingly well to Zizek’s
theory that the power of law is divided between its own public form and the subjects’ expression of superego. The theory of
the split law, the hidden supplement outside the system, clarifies the historically-specific example. However, the historical
example also illuminates the theory: it suggests how the space for this supplement also exists within the system, which can
incorporate and make use of it.
相似文献
Marie Hockenhull SmithEmail: |