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When advance directives clash with family consent: designing an operational framework for end-of-life decision-making in China and Korea. [PDF]
Luo S, Cho D, Cho J.
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Résumé La révolution grégorienne a marqué le début de l’état de droit en Occident et créé les conditions nécessaires (mais non suffisantes) de la croissance économique. Cet article propose une analyse des conséquences de l’évolution de la notion d’état de droit, du moment où cette expression correspondait à la loi naturelle divine jusqu’à sa ...
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Is the Rule of Law a Law of Rules? Judgments of Rule of Law Violations
SSRN Electronic Journal, 2009In this paper, we present findings from two experiments that measure individuals’ reactions to rule of law violations by an authority figure, with the goal of assessing which interpretation of the rule of law is naturally invoked. We created a variety of hypothetical scenarios that allowed us to gauge the independent effects of rule adherence, outcome ...
N. J. Schweitzer +2 more
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The Rule of Law as a Law of Rules
The University of Chicago Law Review, 1989In summer, after hearing mass, the king often went to the wood of Vincennes, where he would sit down with his back against an oak, and make us all sit round him. Those who had any suit to present could come to speak to him without hindrance from an usher or any other person. The king would address them directly, and ask: "Is there anyone here who has a
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2017
This chapter analyzes the concept of rule of law. It examines Gustav Radbruch's theory since his argument against the extremes of Nazi law was a pivotal moment in the re-emergence of antipositivist conceptions of legality. It then elaborates Lon L. Fuller's account of eight constitutive, formal features of law that, he contends, begin to get at the ...
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This chapter analyzes the concept of rule of law. It examines Gustav Radbruch's theory since his argument against the extremes of Nazi law was a pivotal moment in the re-emergence of antipositivist conceptions of legality. It then elaborates Lon L. Fuller's account of eight constitutive, formal features of law that, he contends, begin to get at the ...
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Asia Pacific Law Review, 2014
This article examines some aspects of the distinction between the rule of law and rule by law, elucidating those concepts by focusing on their role in political systems with a dominant political pa...
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This article examines some aspects of the distinction between the rule of law and rule by law, elucidating those concepts by focusing on their role in political systems with a dominant political pa...
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The Rule of Law and the Rule of Persons
SSRN Electronic Journal, 2001When judges criticise legislatures and governments they typically do so in the name of the rule of law. Unfortunately, politicians do likewise when they attack judicial activism. The first identify the rule of law with the judiciary's authority to determine the state of the law in a given case, to pass sentence and to review legislation for its ...
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SSRN Electronic Journal
Abstract This chapter provides an introduction to modern rule-of-law theory and a new model for thinking about the rule of law as a recurring thought pattern. The recent revival in studies of the rule of law has encouraged the sceptical view that it has no conceptual core or nature, and is rather either ‘essentially contested’ or empty ...
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Abstract This chapter provides an introduction to modern rule-of-law theory and a new model for thinking about the rule of law as a recurring thought pattern. The recent revival in studies of the rule of law has encouraged the sceptical view that it has no conceptual core or nature, and is rather either ‘essentially contested’ or empty ...
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Law's Rule: Reflexivity, Mutual Accountability, and the Rule of Law
SSRN Electronic Journal, 2013The rule of law promises protection and recourse against the arbitrary exercise of power. Not only must those who govern rule with law, they must themselves be ruled by law. The rule of law requires reflexivity — law’s rule of those who rule with law and in its name. This essay explores the conditions for the realization of law’s rule.
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2019
Currently the European Union is in the process of applying certain sanctions in respect of member states that are allegedly in violation of the rule of law (RoL), a fundamental requirement of membership. Sizeable sums of development aid and international loans directed to developing countries are held back for non-observance of the RoL and loans are ...
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Currently the European Union is in the process of applying certain sanctions in respect of member states that are allegedly in violation of the rule of law (RoL), a fundamental requirement of membership. Sizeable sums of development aid and international loans directed to developing countries are held back for non-observance of the RoL and loans are ...
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