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11.
Iain Brassington 《Law and Philosophy》2008,27(5):415-444
Motivated by Lord Joffe’s Assisted Dying for the Terminally Ill Bill, but with one eye on any possible future legislation,
I consider the justifications that might be offered for limiting assistance in dying to those who are suffering unbearably
from terminal illness. I argue that the terminal illness criterion and the unbearable suffering criterion are not morally
defensible separately: that a person need be neither terminally ill (or ill at all), nor suffering unbearably (or suffering
at all) to have a right to assisted dying. Indeed: I shall suggest that the unbearable suffering criterion undermines the
Bill (or any proposal like it) wholesale. On the other hand, the criteria taken together are defensible, and this defence
would be built on a concern for the protection of the vulnerable. However, I also claim that this implies that the law might
justifiably—and maybe even properly—aim to prevent a person from gaining access to that to which they have a serious moral
right. This seems paradoxical, and, towards the end of the paper, I seek to tease apart the paradox. 相似文献
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‘Country Rag Merchants’ and English Local Currencies in the Late Eighteenth and Early Nineteenth Century
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Iain Frame 《Journal of law and society》2015,42(4):588-610
In the late eighteenth and early nineteenth century, communities across England used country bankers’ notes almost as much as they used coins and Bank of England notes. Accounting for the relative success of these alternative currencies is challenging, however, due to the frequency of financial crisis during the period. If, during a crisis, all note holders attempted to enforce the promise to pay in gold coin against the issuing banker, the ‘law‐finance paradox’ would leave some note holders with gold coin, but would leave many more with merely ‘country rags’ or worthless pieces of paper. Building on both the credit approach to money and the relational approach to contract, this article shows note‐using communities successfully responding to financial crisis. They frequently did so by formalizing the bonds of reciprocity and trust tying the community to its note‐issuing banker – bonds sometimes made all the stronger by legal enforceability. 相似文献
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The work of legal professionals is changing rapidly, but the changes have not yet been thoroughly investigated from the perspective of the sociology of work. This paper draws on a research project that examined the work of solicitors in private practice in Melbourne, Australia. It uses in-depth interviews, results of secondary surveys and other data sources in order to describe the dominant working-time patterns. The evidence points to a common pattern of rigid and demanding schedules, which can be traced back to the indirect pressures exerted by the widespread system of ‘billable hours’. The paper takes up the challenge to examine the operation of this system. We argue that the billable hours system, initially just a technique for billing clients, has been transformed into a tool for measuring and controlling the work of salaried solicitors, through setting of targets, close time recording, careful monitoring, and a supple set of sanctions. 相似文献
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Iain Frame 《The Modern law review》2020,83(1):64-90
This article explores a dilemma at the centre of the monetary order: how to counter inflation eroding the value of money and simultaneously allow bank-created credit to meet the needs of an expanding economy. Building on recent scholarship on the history of money, the article analyses the Bank Charter Act of 1844 and the financial crisis of 1847 to reveal a response to this dilemma which continues to shape the modern context. That response relies on ex ante restrictive measures in a bid to limit the discretion of the monetary authorities and cultivate financially prudent behaviour. Yet the history of the mid-nineteenth century exposes the challenges faced by those who enforce such rules, challenges which tie the mid-nineteenth century to the post 2008 reforms in both the US and the Eurozone, and reveal the ongoing force of the dilemma: that simultaneous desire for both expansive credit and sound money. 相似文献
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The No‐men of England: The Geordie Revolt that Defeated the Scotland and Wales Bill in 1977
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Iain McLean 《The Political quarterly》2016,87(4):601-608
The Scotland and Wales Acts 1978 failed on multiple criteria. Although devolution of powers to Scotland and Wales was a principal policy of the Labour governments in office from 1974 to 1979, it was defeated in a guillotine vote in 1977. That defeat was orchestrated by the leaders of Tyne & Wear County Council, angry that a government of their own party was apparently neglecting their region in favour of Scotland. The project was rescued in two separate bills, but a further rebel amendment inserted a minimum assent condition in the required referendums. The people of Wales rejected the devolution they were offered. The people of Scotland accepted it, but by a margin that failed to cross the threshold. The resulting vote of confidence brought down the Labour government in March 1979. The role of Tyne & Wear County Council in killing the first bill has never been fully acknowledged. The lessons of the story for current devolution policy are explored. If the UK remains a single country, any policy for tax transfers must be fair to the English as well as to the people of the other three territories. 相似文献