Results 21 to 30 of about 340,962 (169)
Book Review: H. L. A. Hart, by Neil MacCormick
Osgoode Hall Law Journal, 1982 Patrick Nowell-Smith
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Revista Eletrônica Direito e Política, 2022 O objetivo deste artigo é analisar a efetividade da participação popular nas audiências públicas virtuais a partir dos conceitos de legitimidade, prática social argumentativa e justiça.
Antonio Bazilio Floriani Neto +2 more
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Animals and Nature as Rights Holders in the European Union
The Modern Law Review, Volume 86, Issue 6, Page 1336-1357, November 2023., 2023 This article argues that EU law can be interpreted to support the current existence of legal rights for animals and nature. While these rights have not been explicitly recognised in law, the prerequisites for doing so already exist in the EU legal order.
Yaffa Epstein, Eva Bernet Kempers
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DeFi Common Sense: Crypto‐backed Lending in Janesh s/o Rajkumar v Unknown Person (‘CHEFPIERRE’)
The Modern Law Review, Volume 86, Issue 5, Page 1278-1293, September 2023., 2023 One of the selling points of cryptoassets has been the ability to subject them to so‐called ‘smart contracts’ embedded upon blockchains; yet, despite numerous common law decisions accepting cryptoassets as property, until Janesh s/o Rajkumar v Unknown Person (‘CHEFPIERRE’) no courts have had the occasion to consider how such property (in this case, an ...
Timothy Chan, Kelvin F.K. Low
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Political constitutionalism in Europe revisited
Journal of Law and Society, Volume 50, Issue S1, Page S115-S139, September 2023., 2023 Abstract This article traces the disconnect in the constitutional study of the European Union from the Maastricht era to the euro crisis. In the Maastricht era, a discourse of ‘post‐sovereignty’ came to dominate theoretical enquiry, reflecting but also distorting a number of material developments: the ‘end of history’, the retreat of critical theory ...
MICHAEL A. WILKINSON
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Ratio Juris, Volume 36, Issue 1, Page 26-47, March 2023., 2023 Abstract Riggs v. Palmer has become famous since Dworkin used it to show that legal positivism is defective. The debate over the merits of Dworkin's claims is still very lively. Yet not enough attention has been paid to the fact that the content of the statute at issue in Riggs was given by the counterfactual intention of the legislature.
Damiano Canale, Giovanni Tuzet
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Book Review: Legal Reasoning and Legal Theory, by Neil MacCormick
Osgoode Hall Law Journal, 1980 Stephen Kloepfer
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The Morality of Compensation through Tort Law
Ratio Juris, Volume 36, Issue 1, Page 3-25, March 2023., 2023 Abstract In this paper, I will focus on the normative structure of tort law. Only by elucidating the point or rationale of holding the wrongdoer responsible to the victim can we understand the value of having tort law instead of establishing other mechanisms of redress, such as a social insurance scheme.
Diego M. Papayannis
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Exploring Sovereignty in Scotland
The Political Quarterly, Volume 94, Issue 1, Page 26-35, January/March 2023., 2023 Abstract It is often said that sovereignty is ever less meaningful in the modern world. Yet, sovereignty claims continue to proliferate. There are two elements: the subject of self‐determination (sovereignty) claims and the object. Scottish independence and Brexit are two examples, yet they differ in important ways.
David McCrone, Michael Keating
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Varieties of Constitutionalism in the European Union
The Modern Law Review, Volume 84, Issue 3, Page 477-502, May 2021., 2021 Abstract The underlying assumption of constitutional pluralism, one of the dominant theories of EU legal scholarship, is a fundamental constitutional homogeneity amongst the EU Member States allowing for harmonious co‐existence and ‘constitutional tolerance’.
Signe Rehling Larsen
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