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The complexity of present-day international law stands in an uneasy relation to the scheme of justice propounded by Rawls. The problems facing international lawyers may pose a conceptual threat to some of the fundamental bases upon which Rawls builds his entire theoretical edifice
Persistent link: https://www.econbiz.de/10013138626
The accumulating scientific evidence – across many disciplines – regarding human evolution and the complexities and dualities of human nature indicates that the core ideological assumptions of both capitalism and socialism are simplistic and ultimately irreconcilable. A biological approach...
Persistent link: https://www.econbiz.de/10013140522
While literature indicates that strong intellectual property (IP) protection is needed to attract foreign direct investment (FDI) in developing countries like Guatemala, the literature fails to address adequately the economic, social, and political considerations facing developing nations in the...
Persistent link: https://www.econbiz.de/10013113699
Asking the right question can be as important as giving the right answer. In her book Judging Civil Justice, Dame Hazel Genn forcefully argues that the right question about the civil justice system is not “how much justice we can afford” but “how much justice can we afford to forego.”...
Persistent link: https://www.econbiz.de/10013115112
What is the most plausible and feasible conception of compensatory justice (CJ)? What conditions are required to achieve it? The general assertion of this chapter is that the more favorable the conditions under which people can freely choose their labor market careers, the more scope there is...
Persistent link: https://www.econbiz.de/10013096944
This book chapter critically examines punitive preventive measures, such as preventive detention for dangerous individuals, stop-and-frisks on the street, and order-maintenance policing. After reviewing the traditional concern expressed about punitive preventive practices, the chapter...
Persistent link: https://www.econbiz.de/10013106047
This article assesses whether the EU Treaty freedoms - the free movement of goods, persons, services and capital - should be considered as fundamental rights which are hierarchically equal to other fundamental rights. It uses the political philosophy of John Rawls to assess why we should attach...
Persistent link: https://www.econbiz.de/10013087265
Our story always seems to pit the good guys against the bad guys:the founding fathers versus the evil empire, man versus machine, Main Street versus Wall Street, the ninety-nine percent versus the one percent. Nobody, including those of us who struggle to realize human rights in the United...
Persistent link: https://www.econbiz.de/10013087537
The service-learning and co-curricular programs at most universities tend to focus on charitable activities. While a university's culture of charity is in the mainstream of American civic life, charity is limited and may be counterproductive both as a response to poverty and as a curricular or...
Persistent link: https://www.econbiz.de/10013087952
Since the 2007 ruling in Hanke v Resurfice, courts and commentators have struggled with the concept of material contribution in the law of causation. This article clarifies the material contribution test in negligence law, with a focus on the problem of scientific uncertainty
Persistent link: https://www.econbiz.de/10013092689