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The legal indeterminacy thesis argues that law is indeterminate, either due to inherent linguistic ambiguity, or due to the nature of logical argument or because law is rife with antinomies. Parallel to this argument is another related argument, that law is a relatively autonomous discipline...
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Two of the most important constitutional decisions in history, Marbury v. Madison and Van Gend amp; Loos, share common issues and reach similar results. Marbury is as well known to U.S. jurists as Van Gend is to European jurists. However few people are familiar with both decisions. This article...
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Rather than seeing law as a vague norm or overly precise and possibly untenable rights this article argues for a simpler functionalist definition of law as a set of conditionals associated with imperatives. As such it hopes to bypass two fruitless parallel debates which however do not address...
Persistent link: https://www.econbiz.de/10012770296
Abstract: Legal interpretation in the United States changed dramatically between 1930 and 1950. The Great Depression and World War II unleashed radical critique (particularly prior to the war). Legal realism proposed radical new methods of legal interpretation to try to meet the challenges of...
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This paper briefly explores the possibility and limitations of a common European foreign and security policy (CFSP). It concludes that, contrary to the recieved wisdom, a the material basis for a viable CFSP does in fact already exist due to national security policies such as the French Force...
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Just as war is sometimes fallaciously represented as a zero sum game -- when in fact war is a negative sum game - stock market trading, a positive sum game over time, is often erroneously represented as a zero sum game. This is called the "zero sum fallacy" -- the erroneous belief that one...
Persistent link: https://www.econbiz.de/10005083519