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Indigenous Communities and Settler Colonialism: Land

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D. from the University of Oslo in Fall, 2015. This comes to dominate thought in late antiquity; the first philosophical attacks Christianity levels against the thought of antiquity are refutations of skeptical principles. In the middle twentieth century, Claude Shannon derived the mathematical formula for the communication of information. Each of these questions will be discussed in turn. Also the politically ambitious individual and the masterful aristocrat were continually threatening the none too stable political organization through which the general security got a precarious protection.

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Hegel's Laws: The Legitimacy of a Modern Legal Order

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Hart's main aim as a lecturer and writer was to tell the truth and be clear. The Persians pronounced the word Sindhu as Hindu, and named their Aryan brethren Hindus. What principle—what “rule of recognition”—do they supposedly follow in making that discrimination? Law is a command set, either directly or circuitously, by a sovereign individual or body, to a member or members of some independent political society in which his authority is supreme. laws are commands of human beings; the analysis (or study of meanings) of legal concepts is: worth pursuing, and to be distinguished from historical inquiries into the causes or origins of laws, from sociological inquiries into the relation of law and other social phenomena and from the critical appraisal of law whether in terms of morals, social aims, function or otherwise. the legal system is a closed logical system in which correct legal decisions can be deduced by logical means from predetermined legal rules without references to social aim, policies, moral standard; moral judgements cannot be established or defended as statements of fact by rational argument, evidence or proof (non-cognitivism in ethics).

Posted in Philosophy

A Treatise on the Law of Easements

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Mohammedans also have a rosary (Tasbi) in their hands when they repeat their prayers. Unlike chess or soccer, however, the law may well be a kind of game that people have an obligation to play, as it were. Jnana is not mere intellectual knowledge. The two most obvious exceptions to killing in the criminal law are self-defense and the insanity defense. It kept a certain needed rigidity in a time when law threatened to become wholly fluid. 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Posted in Philosophy

A Foucauldian Approach to International Law: Descriptive

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It would be particularly foolish of us to attempt to construct a two-stage case for the miraculous parts of Ted and Sarah’s testimony by (i) bracketing the miraculous parts to establish the truth of the non-miraculous parts, and then (ii) using these supposedly now “firmly established facts” as a platform from which to argue for the truth of the miraculous parts. Legal employers are increasingly seeking law school graduates who are practice-ready. Even allowing for that very real difference between legal and philosophical argument, the affinity is clear enough, so much so that American legal education takes its most famous pedagogical approach ("the Socratic method") from philosophy.

Posted in Philosophy

Deontic Logic and Legal Systems (Cambridge Introductions to

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Her talk is now available on Youtube: Preparations have started in earnest for the 2013-2014 academic year. Any religious act should be performed after tying the tuft. If the case has been decided before, must you always follow exactly was what was decided before? The point is not that unless authoritative directives can be recognized as such, authorities could not function effectively. Now there is a principle saying that you should follow precedence and that is stare decisis.

Posted in Philosophy

Law and Justice in China's New Marketplace

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Thought the same law which the sociological thought in the absence of empirical investigation, but must be based on the analysis of the conceptual, historical, and psychological. In creating a monopoly of education, the government must answer to the hopes of the fathers of families who have thus been deprived of their liberty; and if these hopes are shattered, whose fault is it? In practice the pressure of wants, demands, desires, will warp the actual compromises made by the legal system this way or that.

Posted in Philosophy

Honor and Revenge: A Theory of Punishment (Law and

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The Vedas are the foundational scriptures of Hinduism. Distrust of the theory that traditional perspective rule formulations are the main factor in producing court decisions. The attainment of Sivatva or Siva-nature does not mean complete merging of the soul in Siva. His followers are numerous in the Ganga valley of India. Bates), pp. 162-182). 33) “A thing is right when it tends to preserve the integrity, stability, and beauty of the biotic community. The task of law is to maintain the good and forbid evil.

Posted in Philosophy

Philosophy Of Law: An Introduction To Jurisprudence

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Here knowledge stands for the realisation of the imperishable Self. Yogah Karmasu Kausalam—Yoga is skill in action. As Deputy Chief of the Civil Division as well as Chief of the Civil Rights Unit, she handled complex civil rights cases initiated by the United States as well as a wide variety of civil litigation and appeals. In general, those who have lacked belief in a next life have thought that this makes our choices in this life all the more important.

Posted in Philosophy

Handbook Of American Constitutional Law... - Primary Source

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A ‘policy’, however, is ‘that kind of standard that sets out a goal to be reached, generally an improvement in some economic, political, or social feature of the community’. In reality, every man in this world is a follower of Saktaism. They are also the most numerous of the Vaishnava sects in Bengal. Right and wrong are always relative to the surrounding circumstances. It may be possible, though it seems unlikely, to develop formal processes or procedures that turn out always and automatically to be fair and to give the right or best results.

Posted in Philosophy

The Ethos of Europe (Cambridge Studies in European Law and

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Within the framework of this essay it is not possible to examine in more detail certain exceptions. Each school has developed, systematised and correlated the various parts of the Veda in its own way. They ultimately reach the goal through the grace of the Lord. The Ramayana gives a vivid picture of Indian life. Although these broad outlines of Hobbes' account of political authority are uncontentious, matters quickly become more complicated once one seeks its normative basis.

Posted in Philosophy