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Hard Cases and Hard Law

JAMA: The Journal of the American Medical Association, 1974
To the Editor.— The medical profession is under attack—hard cases—and unless it cleans its own house, the public will do so for it—bad law. I want to clarify, if possible, the scrambling of the use of the aphorism, in which "hard cases" means hard because of judicial sympathy for one of the parties, and in which "bad law" means a precedent that, if ...
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Soft or Hard Law

International Organizations Law Review, 2014
Historically, international regimes regulating maritime transport have aimed to develop uniform rules. However, these rules are relatively static and have been implemented differently based on different national understandings in a de-centralised, State-based manner.
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Global Health Law: Between Hard and Soft Law

Journal of Law, Medicine & Ethics
AbstractThe field of global health law encompasses both “hard” law treaties and “soft” law policies that shape global health norms. Transitioning from “international health law” to “global health law and policy,” global health policymakers have increasingly looked to soft law instruments to address public health needs in a rapidly globalizing world ...
Benjamin Mason Meier   +2 more
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International Soft Law, Hard Law, and Coherence

SSRN Electronic Journal, 2008
A rule of law is a norm coupled with coercive power. International soft law is only the norm. There is a vast number of such non-coercive norms, and many recent papers have been preoccupied with their apparent normative tilt toward respect for human rights and democracy.
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Family law in hard times

Journal of Social Welfare and Family Law, 2011
This special issue was originally designed to give an accessible account of recent research findings and comment in family law to facilitate informed discussion of the final report of the Family Ju...
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Hard Cases Make Bad Law

JAMA: The Journal of the American Medical Association, 1973
Medicine is largely self-governed. This is so because the public, the citizens of the state, have permitted it. Professional self-government does not result from natural or constitutional right. It is a privilege. Society believes it lacks the knowledge and expertise needed to review the quality of professional service or to evaluate professional ...
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Hard Law or Soft Law—Does it Matter?

2018
The European Court of Human Rights takes both hard law and soft law seriously, especially when it is necessary to adapt the wording of the European Convention on Human Rights to changed conditions in European societies and to explore what is called the ‘European consensus’.
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Standards and Statutes: ‘Soft’ Law and ‘Hard’ Law

2014
Standards have been widely applied successfully in various areas, especially with regard with information technology. After a brief look at the process for setting standards, we will review the intellectual property and competition law issues as they regard these standards.
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