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From:Judgment and Decision Making (Vol. 15, Issue 3) Peer-ReviewedPrescriptive rules guide human behavior across various domains of community life, including law, morality, and etiquette. What, specifically, are rules in the eyes of their subjects, i.e., those who are expected to abide...
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From:Harvard Law Review (Vol. 131, Issue 7)As it has been developed over a period of many decades, administrative law has acquired its own morality. An understanding of the morality of administrative law puts contemporary criticisms of the administrative state...
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From:The Journal Jurisprudence (Vol. 25)The remote and more general aspects of the law are those which give it universal interest. It is through them that you not only become a great master in your calling but connect your subject with the universe and catch...
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From:Indiana Journal of Global Legal Studies (Vol. 25, Issue 1) Peer-ReviewedThis article challenges the reader to consider what modes of governance will ensure that corporations advance collective welfare. It identifies and explores ''new governance imagery," which holds out the promise of a...
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From:Harvard Law Review (Vol. 131, Issue 7)Part 2 of 2 C. Reliance and Consistency Fuller contended that a purported legal system may fail to qualify as such as a result of "introducing such frequent changes in the rules that the subject cannot orient his...
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From:McGill Law Journal (Vol. 65, Issue 3) Peer-ReviewedAppellate courts have frequently held that the ambit of criminal offences is more restricted than a plain reading of their text would suggest. In doing so, they have not relied on the canon of strict construction or the...
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From:Albany Law Review (Vol. 81, Issue 1)Some wore construction vests, others plaid flannels, and one wore a bandana. Tattoos were a common theme. They had come from work, because even court dates did not guarantee a day off. When they were asked to describe...
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From:McGill Law Journal (Vol. 49, Issue 3) Peer-ReviewedIn contrast to the assimilative capacity approach, the precautionary principle in international law points to the limitations of the scientific understanding of complex phenomena. Under this principle, possible...
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From:Twentieth Century Literature (Vol. 64, Issue 2) Peer-ReviewedThe discrepancy between legality and justice could never be bridged because the standards of right and wrong into which positive law translates its authority ... are necessarily general ... so that each concrete...