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Law's Empire
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Law's Empire as mentioned in this paper provides a judicious and coherent introduction to the place of law in our lives, its given authority, its application in democracy, the prominent role of interpretation in judgement and the relations of lawmakers and lawgivers to the community on whose behalf they pronounce.Abstract:
In this reprint of Law's Empire,Ronald Dworkin reflects on the nature of the law, its given authority, its application in democracy, the prominent role of interpretation in judgement, and the relations of lawmakers and lawgivers to the community on whose behalf they pronounce. For that community, Law's Empire provides a judicious and coherent introduction to the place of law in our lives. Previously Published by Harper Collins. Reprinted (1998) by Hart Publishing.read more
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Ideological Conflict and the Rule of Law in Contemporary China: Useful Paradoxes
TL;DR: In this article, the authors study ideological divisions within Chinese legal academia and their relationship to arguments about the rule of law, and they argue that paradoxical, contradictory, and otherwise implausible arguments play an important role in Chinese debates about the rules of law.
Journal ArticleDOI
The Polycentric Character of Business Ethics Decisionmaking in International Contexts
TL;DR: In this article, the authors explore how such concerns about the limits of adjudication (and its various moral counterparts) apply to international decision-making connected to human rights obligations of multinational companies, focusing on ethical problems such as controlling child labor in LDCs such as Bangladesh, India and Pakistan; setting wages in developing countries like Honduras; and conducting business transactions with rights-violating regimes such as the governments of Nigeria and Myanmar.
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Semantics and Legal Interpretation (Further Thoughts)
TL;DR: In this article, the authors tried to establish a link between familiar issues within legal theory about the nature and determinacy of the law and familiar issues in constitutional theory about judicial review via their common dependency on assumptions about legal interpretation.
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Legal Semiotics and Semiotic Aspects of Jurisprudence
Abstract: This article, originally written in 1990 but hitherto unpublished, reviews the early history of legal semiotics. It considers the Semiotic Presuppositions of Traditional Jurisprudence (in particular, the different approaches to the language of Jurisprudence employed by John (not J.L.) Austin, Hart, Kelsen, Dworkin and some “Legal Realist” approaches (section “Semiotic Presuppositions of Traditional Jurisprudence”). It then reviews (in section “Legal Philosophies Explicitly Employing Forms of Semiotics”) Legal Philosophies Explicitly Employing Forms of Semiotics: Kalinowski, The Italian Analytical School, Rhetorical and pragmatic approaches, Sociological and socio-linguistic approaches, Peircian Legal Semiotics (esp. via Kevelson), Greimasian Legal Semiotics (esp. via Greimas and Landowski), and Aesthetic/Symbolic Approaches. Four central hypotheses for Legal Semiotics are then (section “Some Hypotheses for Legal Semiotics”) proposed (from a Greimassian viewpoint), relating to reference, the relationship between semantics and pragmatics, “semiotic groups”, and the concepts of normativity, truth and (legal) justification. Section “Semiotic Analyses of Particular Legal Phenomena” offers Semiotic Analyses of Particular Legal Phenomena: the “Legal System”, “Legal Institutions”, Legal Codes, Legal Rules, Rights, Courtroom behaviour, judicial justification of decisions on law, and the Criminal Justice Process. The article concludes (section “On the Status of Legal Semiotics”) with a brief discussion of the Status of Legal Semiotics as a meta-discipline.
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Signature pedagogies and legal education in universities: epistemological and pedagogical concerns with Langdellian case method
Áine Hyland,Shane Kilcommins +1 more
TL;DR: In this paper, the authors argue that the signature pedagogy of law has a number of pedagogical and epistemological shortcomings that should make those from non-law and non-professional backgrounds cautious about imitating its various constituent elements in their respective disciplines.