Category Archives: Philosophy

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Comparative Criminal Justice Systems: A Topical Approach

Category : Philosophy

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The opportunities to open up new legal questions to philosophical inquiry, as well as shed new light on old questions, are virtually limitless. Clay only is truth; all modifications such as pot, etc., are in name only. Should the law choose one fantasy among many, and put the organized force of government at its service only? Kant defines virtue as “the moral strength of a human being’s will in fulfilling his duty” (MM 6:405) and vice as principled immorality (MM 6:390). From an individual's perspective, it is much harder to say at a point in time, T[1], that the individual's investment in some idea is wasted.
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Jus Post Bellum and Transitional Justice (ASIL Studies in

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The king said: “O Narsi, if you are a sincere devotee of Lord Krishna, if as you say the idol is Lord Krishna Himself, let this idol move.” According to the prayer of Narsi Mehta, the idol moved. Certainly the nineteenth-century jurist had this conception. Jeremy Bentham developed a very sophisticated version of legal positivism, but for a variety of reasons, the more influential and widely known view was that of Bentham's student, John Austin, the author of The Province of Jurisprudence Determined (1861).
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Administrative Recourse (1946) (CUA Studies in Canon Law)

Category : Philosophy

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This is brought about by each individual through the performance of Svadharma in the spirit of non-attachment and self-surrender and with the knowledge of the immutable nature of the Atman. Its real utility is likely to be in its enabling us to understand that body of law or that institution and to perceive what the men of the time were seeking to do with them or to make of them. Paul. e. that do not. of what morality and decency require of states and other international bodies in their treatment of one another?
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Philosophical Foundations of Human Rights (Philosophical

Category : Philosophy

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And just as the gardener needs axes, pruning hooks, saws, and shears to shape his trees, just so does the socialist writer need the force that he can find only in law to shape human beings. The author signs for and accepts responsibility for releasing this material on behalf of any and all co-authors. Kant’s most influential positions in moral philosophy are found in The Groundwork of the Metaphysics of Morals (hereafter, “Groundwork”) but he developed, enriched, and in some cases modified those views in later works such as The Critique of Practical Reason, The Metaphysics of Morals, Anthropology from a Pragmatic Point of View, Religion within the Boundaries of Mere Reason as well as his essays on history and related topics.
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The Supreme Court and Benign Elite Democracy in Japan

Category : Philosophy

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But of course, once one does engage in the practice, playing the role of judge or some other legal official, as it were, there are legal obligations defined by the rules of the game. Of what does this power consist? (Of being educated and of being given the tools of production.) Who is to give the education and the tools of production? (Society, which owes them to everyone.) By what action is society to give tools of production to those who do not own them? (Why, by the action of the state.) And from whom will the state take them?
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Applications Of Feminist Legal Theory (Women In The

Category : Philosophy

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What skills does studying philosophy develop? capability to make knowledgeable decisions, examining thoroughly the consequences of various actions Philosophy is the ultimate "transferable work skill." The idea that there is no administrative element in the judicial decision of causes and that judicial application of law should be a purely mechanical process goes back to Aristotle’s Politics. And it is the fact that they can conflict with moral law, not the fact that they actually do conflict with it, that makes duty a constraint, and hence is virtue essentially a trait concerned with constraint.
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Law Stories (Law, Meaning, and Violence)

Category : Philosophy

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How does anyone ever acquire the ability to make law? The Vedas are the fountain-head of religion. I can blow the whole world in a minute.” The Yaksha then placed a blade of grass before Vayu and challenged him to blow it away. It depends on people taking seriously their duty to respect the rights of others. Kelsen frames the basic norm as follows: Coercive acts ought to be performed under the conditions and in the manner which the historically first constitution, and the norms created according to it, prescribe. (In short: One ought to behave as the constitution prescribes.) Philosophy of Law The basic norm, as a purely formal construct, has no specific content.
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Canon 16 (1959) (CUA Studies in Canon Law)

Category : Philosophy

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However, in the Dual Program, credit for up to eight one-term courses in the School of Law may be applied toward the Ph. The second edition of Readings in the Philosophy of Law is a concise anthology of key arguments in the philosophy of law, organized around the ideas of law and legal reasoning, limits on individual liberty, responsibility, and international law. An interesting recent issue regarding liberty issues and campaign finance reform is the case Citizens United v.
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Rights (International Library of Essays in Law and Legal

Category : Philosophy

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Reason and Passion: The Constitutional Dialectic of Free Speech and Obscenity, 116 University of Pennsylvania Law Review 222 (1967). The use of general descriptive names, trade names, trademarks, etc., in this publication, even if not specifically identified, does not imply that these names are not protected by the relevant laws and regulations. Focussing on two US Supreme Court decisions, Sweatt v. Read more Chair's Annual Essay Prize 2015-16 Winner: Francesco Lucia for his essay,"On the Alleged Inconsistency of Weak Epistemic Egoism”, written for Professor Sullivan’s PHIL 3501G: Epistemology.
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The Opposite Mirrors: An Essay on the Conventionalist Theory

Category : Philosophy

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For the testimony of Doug Powell, a statistician at the National Cancer Institute, about how his philosophy degree of Maryland has helped him, click here. Patanjali speaks of this in his Yoga Sutras as Svarupa-Avasthanam (establishment in one’s true Self). The tuft is most scientific as well as religious. Submitting your paper to Human Rights Law Review is now even easier. At any rate the Hindus carry the idea of religious obligation so far that a descendant is bound to pay the debts of his ancestor in many cases whether he receives any assets of the ancestor or not.
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