Results for 'lower-court judge'

1000+ found
Order:
  1. Caselaw H v R: a final analysis.Sally Ramage - manuscript
    This is a case that should go to the European Court of Human Rights. A decent, senior qualified family doctor was accused by his mentally ill daughter of sex abuse. Without real evidence except for what the girl told another mentally ill patient at a psychiatric hospital she stayed at for several years, and wit just two witnesses, one a younger child wo saw none of the accused offences, and the other parent, struck off the General Medical Council Register (...)
    Download  
     
    Export citation  
     
    Bookmark  
  2. The murder trial of R v Vincent Tabak [2011].Sally S. Ramage - manuscript
    The trial took place at Bristol Crown Court, England, United Kingdom for the murder of Joanna Yeates, and Dr Vincent Tabak was the Defendant. The author attended at court for this trial and this paper notes many of the obvious and unsatisfactory legal and procedural points in this trial. Dr Vincent Tabak was convicted of the murder at this trial. Of course the jury were not to know the finer points of law as the lower court (...)
    Download  
     
    Export citation  
     
    Bookmark  
  3. Artificial Intelligence: From Talos to da Vinci.Konstantinos C. Christodoulou & Gregory Tsoucalas - 2023 - European Journal of Therapeutics 29 (3):e25-e27.
    The mythical bronze creature Talos (Greek: Τάλως) was worshiped initially as the god of light or the sun in the Hellenic Island of Crete. He is supposed to have lived in the peak Kouloukona of the Tallaia Mountains in the Gerontospelio cave. His relation towards bronze and fire and his continuous voyage circling the island of Crete most probably introduces the concept of the change of the four seasons. The sun was considered in the area of the South-East Mediterranean nations (...)
    Download  
     
    Export citation  
     
    Bookmark  
  4. The Debate on Constitutional Courts and Their Authority between Legal and Political Constitutionalism.Valerio Fabbrizi - 2016 - Philosophica Critica 2 (2):47-70.
    The paper is focused on the criticisms that theorists of political constitutionalism raise against legal constitutionalism, especially with regard to the idea of representation and political sovereignty. At the same time, the intention is to reconstruct the debate between legal and political constitutionalism in contemporary liberalism, starting from the so-called counter-majoritarian difficulty. This debate concerns two different approaches: the political one rejects the idea of judicial review by the Supreme Court because it may establish a possible rule of the (...)
    Download  
     
    Export citation  
     
    Bookmark  
  5. Lowering the Boom: A Brief for Penal Leniency.Benjamin S. Yost - 2023 - Criminal Law and Philosophy 17 (2):251-270.
    This paper advocates for a general policy of penal leniency: judges should often sentence offenders to a punishment less severe than initially preferred. The argument’s keystone is the relatively uncontroversial Minimal Invasion Principle (MIP). MIP says that when more than one course of action satisfies a state’s legitimate aim, only the least invasive is permissibly pursued. I contend that MIP applies in two common sentencing situations. In the first, all sentences within a statutorily specified range are equally proportionate. Here MIP (...)
    Download  
     
    Export citation  
     
    Bookmark  
  6. Assessing Randomness in Case Assignment: The Case Study of the Brazilian Supreme Court.Julio Michael Stern, Diego Marcondes & Claudia Peixoto - 2019 - Law, Probability and Risk 18 (2/3):97-114.
    Sortition, i.e. random appointment for public duty, has been employed by societies throughout the years as a firewall designated to prevent illegitimate interference between parties in a legal case and agents of the legal system. In judicial systems of modern western countries, random procedures are mainly employed to select the jury, the court and/or the judge in charge of judging a legal case. Therefore, these random procedures play an important role in the course of a case, and should (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  7. Nationalism, Secularism and Liberal Neutrality: The Danish Case of Judges and Religious Symbols.Nils Holtug - 2011 - Les ateliers de l'éthique/The Ethics Forum 6 (2):107-125.
    In 2009, a law was passed in the Danish parliament, according to which judges cannot wear religious symbols in courts of law. First, I trace the development of this legislation from resistance to Muslim religious practices on the nationalist right to ideas in mainstream Danish politics about secularism and state neutrality – a process I refer to as ‘liberalization’. Second, I consider the plausibility of such liberal justifications for restrictions on religious symbols in the public sphere and, in particular, for (...)
    Download  
     
    Export citation  
     
    Bookmark  
  8. Resistance Training.Alex Madva - 2020 - The Philosophers' Magazine 91:40-45.
    The summer of 2020 witnessed perhaps the largest protests in American history in response to police and vigilante brutality against the black community. New protests are still erupting every time another suppressed video, such as of Daniel Prude, surfaces, or another killing, such as Breonna Taylor’s, goes unpunished. As communities demand meaningful reform, the point – or pointlessness – of “implicit bias training” takes on renewed urgency. Implicit bias trainings aim to raise awareness about the unwitting or unwilling prejudices and (...)
    Download  
     
    Export citation  
     
    Bookmark   5 citations  
  9. Dewey in Spanish. John Dewey, La opinion publica y sus problemas_ (Spanish Translation of _The Public and Its Problems). [REVIEW]Shane Ralston - 2006 - Education and Culture 22 (1):51-54.
    With Spanish the third most widely spoken language in the world, one would expect more Spanish translations of important texts in American philosophy. Given the recent publication of a Spanish translation of The Public and Its Problems (1927), more people have access to John Dewey’s ideas about democracy than ever before. A broader readership might bring greater inclusivity to the existing debate over the significance of Dewey’s legacy for democratic theory. For the past few years, this debate has raged almost (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  10. Strategies of judicial review. Exercising judicial discretion in administrative cases involving business entities.Marcin Matczak & Denis Galligan - 2005 - E&Y Better Government Programme.
    This report presents the results of a research project which examined how Polish administrative courts exercise discretionary powers when deciding cases related to business activity. When a business enterprise asks the court to review actions taken by administration, judges decide whether an administrative body has used its powers in accordance with the law. The law in this case includes both the relevant statutory regulations but also more general principles originating from other sources, such as the Constitution or European Union (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  11. The Rationality of Voting and Duties of Elected Officials.Marcus Arvan - 2017 - In Emily Crookston, David Killoren & Jonathan Trerise (eds.), Ethics in Politics: The Rights and Obligations of Individual Political Agents. New York: Routledge. pp. 239-253.
    In his recent article in Philosophy and Public Affairs, 'The Paradox of Voting and Ethics of Political Representation', Alexander A. Guerrero argues it is rational to vote because each voter should want candidates they support to have the strongest public mandate possible if elected to office, and because every vote contributes to that mandate. The present paper argues that two of Guerrero's premises require correction, and that when those premises are corrected several provocative but compelling conclusions follow about the rationality (...)
    Download  
     
    Export citation  
     
    Bookmark  
  12. Retrospectivity of Judicial Interpretation of Penal Statutes.Deepa Kansra - 2009 - Journal of the Indian Law Institute 2 (51):250-266.
    The transitory and ever-evolving process of law making plays a role of primal importance in the regulation of human conduct of society. It goes without saying that in this entire process, judges have a participation. The power entrusted by law and the nature of judicial process, make judges the prime mover of the development of law. It matters how judges decide cases. It matters most to people unlucky or litigious or wicked or saintly enough to find themselves in court... (...)
    Download  
     
    Export citation  
     
    Bookmark  
  13. Human Security Law in Iraq: Reforming Rules, Practices, and Urban Spaces.Hannibal Travis - manuscript
    This article addresses a few moments in the evolution of human security law in Iraq, focusing in particular on the Coalition Provisional Authority, the new Iraqi Constitution, Iraqi High Tribunal (successor to the Iraqi Special Tribunal), and the International Criminal Court. It synthesizes the results of some existing research on ongoing impunity for certain crimes against political candidates, journalists, anti-corruption activists, and ethnic and religious minorities, a situation which may have tainted Iraq’s transition to a more democratic republic, while (...)
    Download  
     
    Export citation  
     
    Bookmark  
  14. Perceptions of Philosophical Inquiry: a Survey.John Turri - 2016 - Review of Philosophy and Psychology 7 (4):805-816.
    Six hundred three people completed a survey measuring perceptions of traditional areas of philosophical inquiry and their relationship to empirical science. The ten areas studied were: aesthetics, epistemology, ethics, history of philosophy, logic, metaphysics, philosophy of language, philosophy of mind, philosophy of science, and political philosophy. For each area, participants rated whether it is currently central to philosophy, whether its centrality depends on integration with science, and whether work in the area is sufficiently integrated with science. Centrality judgments tended to (...)
    Download  
     
    Export citation  
     
    Bookmark   4 citations  
  15. Chimpanzee Rights: The Philosophers' Brief.Kristin Andrews, Gary Comstock, G. K. D. Crozier, Sue Donaldson, Andrew Fenton, Tyler John, L. Syd M. Johnson, Robert Jones, Will Kymlicka, Letitia Meynell, Nathan Nobis, David M. Pena-Guzman & Jeff Sebo - 2018 - London: Routledge.
    In December 2013, the Nonhuman Rights Project (NhRP) filed a petition for a common law writ of habeas corpus in the New York State Supreme Court on behalf of Tommy, a chimpanzee living alone in a cage in a shed in rural New York (Barlow, 2017). Under animal welfare laws, Tommy’s owners, the Laverys, were doing nothing illegal by keeping him in those conditions. Nonetheless, the NhRP argued that given the cognitive, social, and emotional capacities of chimpanzees, Tommy’s confinement (...)
    Download  
     
    Export citation  
     
    Bookmark   7 citations  
  16. Legal evidence and knowledge.Georgi Gardiner - 2022 - In Maria Lasonen-Aarnio & Clayton Littlejohn (eds.), The Routledge Handbook of the Philosophy of Evidence. New York, NY: Routledge.
    This essay is an accessible introduction to the proof paradox in legal epistemology. -/- In 1902 the Supreme Judicial Court of Maine filed an influential legal verdict. The judge claimed that in order to find a defendant culpable, the plaintiff “must adduce evidence other than a majority of chances”. The judge thereby claimed that bare statistical evidence does not suffice for legal proof. -/- In this essay I first motivate the claim that bare statistical evidence does not (...)
    Download  
     
    Export citation  
     
    Bookmark   4 citations  
  17. Probabilistic measures of coherence and the problem of belief individuation.Luca Moretti & Ken Akiba - 2007 - Synthese 154 (1):73 - 95.
    Coherentism in epistemology has long suffered from lack of formal and quantitative explication of the notion of coherence. One might hope that probabilistic accounts of coherence such as those proposed by Lewis, Shogenji, Olsson, Fitelson, and Bovens and Hartmann will finally help solve this problem. This paper shows, however, that those accounts have a serious common problem: the problem of belief individuation. The coherence degree that each of the accounts assigns to an information set (or the verdict it gives as (...)
    Download  
     
    Export citation  
     
    Bookmark   20 citations  
  18. Bottom Up Ethics - Neuroenhancement in Education and Employment.Imre Bard, George Gaskell, Agnes Allansdottir, Rui Vieira da Cunha, Peter Eduard, Juergen Hampel, Elisabeth Hildt, Christian Hofmaier, Nicole Kronberger, Sheena Laursen, Anna Meijknecht, Salvör Nordal, Alexandre Quintanilha, Gema Revuelta, Núria Saladié, Judit Sándor, Júlio Borlido Santos, Simone Seyringer, Ilina Singh, Han Somsen, Winnie Toonders, Helge Torgersen, Vincent Torre, Márton Varju & Hub Zwart - 2018 - Neuroethics 11 (3):309-322.
    Neuroenhancement involves the use of neurotechnologies to improve cognitive, affective or behavioural functioning, where these are not judged to be clinically impaired. Questions about enhancement have become one of the key topics of neuroethics over the past decade. The current study draws on in-depth public engagement activities in ten European countries giving a bottom-up perspective on the ethics and desirability of enhancement. This informed the design of an online contrastive vignette experiment that was administered to representative samples of 1000 respondents (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  19. The Philosophy of Legal Proof.Lewis Ross - 2024 - Cambridge University Press.
    Criminal courts make decisions that can remove the liberty and even life of those accused. Civil trials can cause the bankruptcy of companies employing thousands of people, asylum seekers being deported, or children being placed into state care. Selecting the right standards when deciding legal cases is of utmost importance in giving those affected a fair deal. This Element is an introduction to the philosophy of legal proof. It is organised around five questions. First, it introduces the standards of proof (...)
    Download  
     
    Export citation  
     
    Bookmark  
  20. On Evidence, Medical and Legal.Donald W. Miller & Clifford Miller - 2005 - Journal of American Physicians and Surgeons 10 (3):70-75.
    Medicine, like law, is a pragmatic, probabilistic activity. Both require that decisions be made on the basis of available evidence, within a limited time. In contrast to law, medicine, particularly evidence-based medicine as it is currently practiced, aspires to a scientific standard of proof, one that is more certain than the standards of proof courts apply in civil and criminal proceedings. But medicine, as Dr. William Osler put it, is an "art of probabilities," or at best, a "science of uncertainty." (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  21. Has Vagueness Really No Function in Law?David Lanius - 2013 - Sektionsbeiträge des Achten Internationalen Kongresses der Gesellschaft Für Analytische Philosophie E.V.
    When the United States Supreme Court used the expression “with all deliberate speed” in the case Brown v. Board of Education, it did so presumably because of its vagueness. Many jurists, economists, linguists, and philosophers accordingly assume that vagueness can be strategically used to one’s advantage. Roy Sorensen has cast doubt on this assumption by strictly differentiating between vagueness and generality. Indeed, most arguments for the value of vagueness go through only when vagueness is confused with generality. Sorensen claims (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  22. Statelessness and Bernhard Waldenfels' Phenomenology of the Alien.William Conklin - 2007 - Journal of the British Society for Phenomenology 38 (3):280-296.
    This Paper addresses the problem of statelessness, a problem which remains despite treaties and judicial decisions elaborating distinct rules to protect stateless persons. I explain why this has been so. Drawing from the work of Bernhard Waldenfels, I argue that international and domestic courts have presupposed a territorial sense of space, a territorial knowledge and the founding date for the territorial structure of a state-centric international legal community. I then focus upon the idea that an impartial third party can resolve (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  23. Bottom Up Ethics - Neuroenhancement in Education and Employment.Hub Zwart, Márton Varju, Vincent Torre, Helge Torgersen, Winnie Toonders, Han Somsen, Ilina Singh, Simone Seyringer, Júlio Santos, Judit Sándor, Núria Saladié, Gema Revuelta, Alexandre Quintanilha, Salvör Nordal, Anna Meijknecht, Sheena Laursen, Nicole Kronberger, Christian Hofmaier, Elisabeth Hildt, Juergen Hampel, Peter Eduard, Rui Cunha, Agnes Allansdottir, George Gaskell & Imre Bard - 2018 - Neuroethics 11 (3):309-322.
    Neuroenhancement involves the use of neurotechnologies to improve cognitive, affective or behavioural functioning, where these are not judged to be clinically impaired. Questions about enhancement have become one of the key topics of neuroethics over the past decade. The current study draws on in-depth public engagement activities in ten European countries giving a bottom-up perspective on the ethics and desirability of enhancement. This informed the design of an online contrastive vignette experiment that was administered to representative samples of 1000 respondents (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  24. Enforcing the Sexual Laws: An Agenda for Action.Lucinda Vandervort - 1985 - Resources for Feminist Research 3 (4):44-45.
    Resources for Feminist Research, Vol. 3, No. 4, pp. 44-45, 1985 In this brief article, written in 1984 and published the following year, Lucinda Vandervort sets out a comprehensive agenda for enforcement of sexual assault laws in Canada. Those familiar with her subsequent writing are aware that the legal implications of the distinction between the “social” and “legal” definitions of sexual assault, identified here as crucial for interpretation and implementation of the law of sexual assault, are analyzed at length in (...)
    Download  
     
    Export citation  
     
    Bookmark  
  25. It's Not Too Difficult: A Plea to Resurrect the Impossibility Defense.Ken Levy - 2014 - New Mexico Law Revview 45:225-274.
    Suppose you are at the gym trying to see some naked beauties by peeping through a hole in the wall. A policeman happens by, he asks you what you are doing, and you honestly tell him. He then arrests you for voyeurism. Are you guilty? We don’t know yet because there is one more fact to be considered: while you honestly thought that a locker room was on the other side of the wall, it was actually a squash court. (...)
    Download  
     
    Export citation  
     
    Bookmark  
  26. Galileo's Letter to the Grand Duchess Christina: Genre, Coherence, and the Structure of Dispute.Joseph Zepeda - 2019 - Galilaeana 1 (XVI):41-75.
    This paper proposes a reading of Galileo’s Letter to the Grand Duchess Christina as analogous to a legal brief submitted to a court en banc. The Letter develops a theory of the general issues underlying the case at hand, but it is organized around advocacy for a particular judgment. I have drawn two architectonic implications from this framework, each of which helps to resolve an issue still standing in the literature. First, the Letter anticipates varying degrees of acquiescence to (...)
    Download  
     
    Export citation  
     
    Bookmark  
  27. Legal Formalism, Legal Realism, and the Interpretation of Statutes and the Constitution.Richard Posner - 1986 - Case Western Reserve Law Review 37 (2):179–217.
    A current focus of legal debate is the proper role of the courts in the interpretation of statutes and the Constitution. Are judges to look solely to the naked language of an enactment, then logically deduce its application in simple syllogistic fashion, as legal formalists had purported to do? Or may the inquiry into meaning be informed by perhaps unbridled and unaccountable judicial notions of public policy, using legal realism to best promote the general welfare? Judge Posner considers the (...)
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
  28. Speaker Meaning and the Interpretation and Construction of Executive Orders.Harold Anthony Lloyd - 2018 - Wake Forest Journal of Law and Policy 8 (2):319-361.
    This Article explores the interpretation and construction of executive orders using as examples President Trump’s two executive orders captioned “Protecting the Nation From Foreign Terrorist Entry Into the United States” (the “Two Executive Orders”). President Trump issued the Two Executive Orders in the context of (among other things) Candidate Trump’s statements such as: “Islam hates us,” and “[W]e can’t allow people coming into this country who have this hatred.” President Trump subsequently provided further context including his tweet about the second (...)
    Download  
     
    Export citation  
     
    Bookmark  
  29. Textual examples in idea generation phase of design process: Creativity and fixation.Serkan Can Hatıpoğlu - 2019 - Dissertation, Istanbul Technical University
    During the idea generation phase of the design process, designers often search for inspirations in external sources of information, such as photographs, written descriptions and physical examples. These sources have potential to enhance creative performance. However, they sometimes become too attached to particular ideas of external precedents or various examples. It refers to fixation which is identified as inadequate adoption of features from existing examples. Influence of the existing examples on creativity and fixation, specifically textual examples, have been discussed in (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  30. “Seeing things”.Adrian M. S. Piper - 1991 - Southern Journal of Philosophy 29 (S1):29-60.
    In an earlier discussion, I argued that Kant's moral theory satisfies some of the basic criteria for being a genuine theory: it includes testable hypotheses, nomological higher-and lower-level laws, theoretical constructs, internal principles, and bridge principles. I tried to show that Kant's moral theory is an ideal, descriptive deductive-nomological theory that explains the behavior of a fully rational being and generates testable hypotheses about the moral behavior of actual agents whom we initially assume to conform to its theoretical constructs. (...)
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
  31. Corporate Identity.Mihailis E. Diamantis - 2022 - In Kevin Tobia (ed.), Experimental Philosophy of Identity and the Self. London: Bloomsbury. pp. 203-216.
    Any effort to specify identity conditions for corporations faces significant challenges. Corporations are amorphous. Nature draws no hard lines defining where they start or stop, whether in space or time. Corporations are also frustratingly dynamic. They often change the most basic aspects of their composition by exchanging parts, splitting and merging, changing ownership, and reworking fundamental internal operations. -/- Even so, we apply corporate identity conditions all the time. Both law and common intuition recognize that corporations do things—like pollute environments (...)
    Download  
     
    Export citation  
     
    Bookmark  
  32. Of layers and lawyers.Michael Schmitz - 2020 - In Rachael Mellin, Raimo Tuomela & Miguel Garcia-Godinez (eds.), Social Ontology, Normativity and Law. Berlin, Germany: De Gruyter. pp. 221-240.
    How can the law be characterized in a theory of collective intentionality that treats collective intentionality as essentially layered and tries to understand these layers in terms of the structure and the format of the representations involved? And can such a theory of collective intentionality open up new perspectives on the law and shed new light on traditional questions of legal philosophy? As a philosopher of collective intentionality who is new to legal philosophy, I want to begin exploring these questions (...)
    Download  
     
    Export citation  
     
    Bookmark  
  33. Negatywna wolność religijna i przekonania sekularystyczne w świetle sprawy Lautsi przeciwko Włochom [Negative Religious Freedom and Secular Thought in the Light of the Case of Lautsi v. Italy].Marek Piechowiak - 2011 - Przegląd Sejmowy 19 (5 (106)):37-68.
    The article provides an analysis of the European Court of Human Rights judgments in the case of Lautsi v. Italy (application no. 30814/06), also known as the Italian crucifix case. The applicant claimed that displaying crucifixes in the Italian State-school classrooms attended by her children was contrary to the principle of secularism, by which she wished to bring up her children, and therefore infringed her right to ensure their education and teaching in conformity with her religious and philosophical convictions, (...)
    Download  
     
    Export citation  
     
    Bookmark  
  34. Flaming Misogyny or Blindly Zealous Enforcement? The Bizarre Case of R v George.Lucinda Vandervort - 2019 - Manitoba Law Journal 42 (3):1-38.
    This article examines the distinction between judicial reasoning flawed by errors on questions of law, properly addressed on appeal, and errors that constitute judicial misconduct and are grounds for removal from the bench. Examples analysed are from the transcripts and reasons for decision in R v George SKQB (2015), appealed to the Saskatchewan Court of Appeal (2016) and the Supreme Court of Canada (2017), and from the sentencing decision rendered by the same judge more than a decade (...)
    Download  
     
    Export citation  
     
    Bookmark  
  35. Resolving Judicial Dilemmas.Alexander Sarch & Daniel Wodak - 2018 - Virginia Journal of Criminal Law 6:93-181.
    The legal reasons that bind a judge and the moral reasons that bind all persons can sometimes pull in different directions. There is perhaps no starker example of such judicial dilemmas than in criminal sentencing. Particularly where mandatory minimum sentences are triggered, a judge can be forced to impose sentences that even the judge regards as “immensely cruel, if not barbaric.” Beyond those directly harmed by overly harsh laws, some courts have recognized that “judges who, forced to (...)
    Download  
     
    Export citation  
     
    Bookmark  
  36. Parsing the Reasonable Person: The Case of Self-Defense.Andrew Ingram - 2012 - American Journal of Criminal Law 39 (3):101-120.
    Mistakes are a fact of life, and the criminal law is sadly no exception to the rule. Wrongful convictions are rightfully abhorred, and false acquittals can likewise inspire outrage. In these cases, we implicitly draw a distinction between a court’s finding and a defendant’s actual guilt or innocence. These are intuitive concepts, but as this paper aims to show, contemporary use of the reasonable person standard in the law of self-defense muddles them. -/- Ordinarily, we can distinguish between a (...)
    Download  
     
    Export citation  
     
    Bookmark  
  37. Have Reforms Reconciled Health Rights Litigation and Priority Setting in Costa Rica?Alessandro Luciano & Alex Voorhoeve - 2019 - Health and Human Rights 21 (2):283-293.
    The experience of Costa Rica highlights the potential for conflicts between the right to health and fair priority setting. For example, one study found that most favorable rulings by the Costa Rican constitutional court concerning claims for medications under the right to health were either for experimental treatments or for medicines that should have low priority based on health gain per unit of expenditure and severity of disease. In order to better align rulings with priority setting criteria, in 2014, (...)
    Download  
     
    Export citation  
     
    Bookmark  
  38. Pugna de poderes, crisis orgánica e independencia judicial.Ricardo Restrepo, Maria Helena Carbonell, Paúl Cisneros, Miguel Ruiz, John Antón, Antonio Salamanca & Natally Soria (eds.) - 2014 - IAEN.
    This work, in English "Struggle for power, organic crisis and judicial independence", has its origin in research academics of the IAEN carried out to provide expert advise to the Inter American Court of Human Rights in the case Quintana and others (Supreme Court of Justice) vs the State of Ecuador. The research is about the nature of the evolution of the ecuadorian state, the dynamics of its institutions, its players, parties, laws, its factors of instability, the way rights (...)
    Download  
     
    Export citation  
     
    Bookmark  
  39. The Burqa Ban: Legal Precursors for Denmark, American Experiences and Experiments, and Philosophical and Critical Examinations.Ryan Long, Erik Baldwin, Anja Matwijkiw, Bronik Matwijkiw, Anna Oriolo & Willie Mack - 2018 - International Studies Journal 15 (1):157-206.
    As the title of the article suggests, “The Burqa Ban”: Legal Precursors for Denmark, American Experiences and Experiments, and Philosophical and Critical Examinations, the authors embark on a factually investigative as well as a reflective response. More precisely, they use The 2018 Danish “Burqa Ban”: Joining a European Trend and Sending a National Message (published as a concurrent but separate article in this issue of INTERNATIONAL STUDIES JOURNAL) as a platform for further analysis and discussion of different perspectives. These include (...)
    Download  
     
    Export citation  
     
    Bookmark  
  40. Narrative Coherence and Mental Capacity in Anorexia Nervosa.Alex James Miller Tate - 2020 - American Journal of Bioethics Neuroscience 11 (1):26-28.
    Cases of severe and enduring Anorexia Nervosa (SEAN) rightly raise a great deal of concern around assessing capacity to refuse treatment (including artificial feeding). Commentators worry that the Court of Protection in England & Wales strays perilously close to a presumption of incapacity in such cases (Cave and Tan 2017, 16), with some especially bold (one might even say reckless) observers suggesting that the ordinary presumption in favor of capacity ought to be reversed in such cases (Ip 2019). -/- (...)
    Download  
     
    Export citation  
     
    Bookmark  
  41. Why the Late Justice Scalia Was Wrong: The Fallacies of Constitutional Textualism.Ken Levy - 2017 - Lewis and Clark Law Review 21 (1):45-96.
    My article concerns constitutional interpretation and substantive due process, issues that played a central role in Obergefell v. Hodges (2015), one of the two same-sex marriage cases. (The other same-sex marriage case was United States v. Windsor (2013).) -/- The late Justice Scalia consistently maintained that the Court “invented” substantive due process and continues to apply this legal “fiction” not because the Constitution supports it but simply because the justices like it. Two theories underlay his cynical conclusion. First is (...)
    Download  
     
    Export citation  
     
    Bookmark  
  42. The Distinctiveness of Appellate Adjudication.Heidi Li Feldman - 2012 - Washington University Journal of Jurisprudence 5:61-105.
    This paper concerns two topics which, I hope to show, are vitally connected. One is the distinctive importance of appellate adjudication in the legal system of United States. The other is the workings of entangled concepts in the law. That appellate adjudication is important in some sense may seem obvious to everybody (to a few it will seem obvious that appellate adjudication is unimportant). My point will be that via appellate adjudication courts engineer entangled legal concepts, and it is this (...)
    Download  
     
    Export citation  
     
    Bookmark  
  43. COVID-19: A Dystopian Delusion: Examining the Machinations of Governments, Health Organizations, the Globalist Elites, Big Pharma, Big Tech, and the Legacy Media.Scott D. G. Ventureyra (ed.) - 2022 - Ottawa, ON, Canada: True Freedom Press.
    Since March of 2020, the world has been brought to its knees by unscientific and unethical mandates. These mandates have destroyed the world economy and the lives of countless innocent individuals. The “cure” that has been offered by medical bureaucrats and politicians has been more deadly than the disease (COVID-19). The imposition of ludicrous lockdowns, mask-wearing, coerced vaccination, and vaccine passports have not only proved to be ineffective, but also much more harmful than SARS-CoV-2 and all its variants. COVID-19 has (...)
    Download  
     
    Export citation  
     
    Bookmark  
  44. Reasonableness in Capacity Law.Binesh Hass - 2023 - Modern Law Review (Open Access).
    It is not uncommon for people to hold bizarre views. Sometimes, these views appear before the courts in mental capacity cases. Judges must then decide if the views are so bizarre that they constitute evidence of incapacity or, instead, if those views are the everyday sort that do not constitute such evidence. The idea behind the distinction is that the everyday sort can be false but, in some important sense, not that unreasonable. But what should tip the balance of reasons (...)
    Download  
     
    Export citation  
     
    Bookmark  
  45. Withdrawing artificial nutrition and patients' interests.Ezio Di Nucci - 2013 - Journal of Medical Ethics 39 (9):555-556.
    I argue that the arguments brought by Counsel for M to the English Court of Protection are morally problematic in prioritising subjective interests that are the result of ‘consistent autonomous thought’ over subjective interests that are the result of a more limited cognitive perspective.
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
  46. Miscarriage of jstice.Sally Serena Ramage - 2017 - Criminal Law News 105:02-28.
    Expert2 evidence is admissible only if it provides the court with scientific information likely to be outside the experience and knowledge of a judge or jury. In other words, expert evidence will be restricted to that which in the opinion of the court is necessary to assist the court to resolve the proceedings.3 This particular case must be urgently considered by the Criminal Appeals Review Commission as it becomes apparent that the court of appeal decision (...)
    Download  
     
    Export citation  
     
    Bookmark  
  47. Alaä Hamed - Ein Religionskritiker in Ägypten.Oliver Kloss - 1992 - Materialien Und Informationen Zur Zeit 4 (21. Jg.):17-19.
    On 25 December 1991 Alaa Hamed must for his literary work to the "Emergency Court for National Security" in Cairo. The judge read out the verdict: 2,300 egyptian pounds fine and eight years in prison for violating of state security and social peace. - A shock not only for egyptian intellectuals! The Arabic Department of BBC London placed the sentence in second place in the news, immediately after the notification of the resignation of Michail Gorbachev. Even in Germany (...)
    Download  
     
    Export citation  
     
    Bookmark  
  48. Morality is neither an external object nor a personal preference, it's a simplifying framework.Uri Harris - manuscript
    The central question in meta-ethics, and arguably all of ethics, is the question of what moral statements refer to. Several candidates have been proposed, including Platonic objects, natural objects, commands, and personal preferences. The answer, I suggest, is that it is none of these. Rather, morality is a framework. We see this by looking at common moral terms: ‘right’ and ‘wrong’, ‘justice’, ‘guilt’, ‘responsibility’, ‘blame’, and ‘rights’. These terms all have something in common: they are legal terms. Since morality dates (...)
    Download  
     
    Export citation  
     
    Bookmark  
  49. Evolutionary And Neurocognitive Approaches to Aesthetics, Creativity And the Arts.Paul Locher - 2007 - Baywood Publishing Company.
    In this book, well-known scholars describe new and exciting approaches to aesthetics, creativity, and psychology of the arts, approaching these topics from a point of view that is biological or related to biology and answering new questions with new methods and theories. All known societies produce and enjoy arts such as literature, music, and visual decoration or depiction. Judging from prehistoric archaeological evidence, this arose very early in human development. Furthermore, Darwin was explicit in attributing aesthetic sensitivity to lower (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  50. Reconciliation as the Aim of a Criminal Trial: Ubuntu’s Implications for Sentencing.Thaddeus Metz - 2019 - Constitutional Court Review 9:113-134.
    In this article, I seek to answer the following cluster of questions: What would a characteristically African, and specifically relational, conception of a criminal trial’s final end look like? What would the Afro-relational approach prescribe for sentencing? Would its implications for this matter forcefully rival the kinds of penalties that judges in South Africa and similar jurisdictions typically mete out? After pointing out how the southern African ethic of ubuntu is well understood as a relational ethic, I draw out of (...)
    Download  
     
    Export citation  
     
    Bookmark   5 citations  
1 — 50 / 1000