Q: ‘Practitioners of Law and Economics claim that efficiency is the best or even the only goal that the law should pursue. Opponents of Law and Economics claim that efficiency analysis has no role to play in legal arguments. Both ...

Jurisprudence Things that are universally accepted, seen as part of human condition can be seen as an approach taken under Natural Law. Within jurisprudence the focus of this approach is on the arrangements appropriate for people to live together in ...

Law as politics: Progressive American Perspectives §         US focus on juris can be seen as different- due to its constitutional framework (common law’s validity comes from its conformity with the constitution). §         The vagueness of such principles means there is ...

Q: Is there a universal and inalienable right to subsistence? (2004). Q: What is a right? What are the necessary and sufficient conditions for a person’s holding a right? Manual. Q: What a right is? What rights people actually have ...

1. Introduction: The economic interpretation of law advances a bold thesis: this is that many areas of the law can be understood to be concerned with the promotion of efficiency. The thesis has both a descriptive and a normative aspect. ...

One of the insights of feminist theory of the last decade has been that women are “essentially connected”, not “essentially separate”, from the rest of human life. How has this insight been supported and what are the implications in law? ...

Question: One of the insights of feminist theory of the last decade has been that women are “essentially connected”, not “essentially separate”, from the rest of human life. How has this insight been supported and what are the implications in ...

Chapter 6- Classical Theory and Law Cotterrell If there was a new law that was fully ratified it doesn’t necessarily mean that it will reach the courts (issue with regard to it may never arise). Even if it does judges ...

Chapter 5 Modern positivism: Kelsen’s Pure Theory of Law Kelsen credited with drafting the Austrian Constitution after WW1 In the early positivist writings, of Bentham and Austin, the crucial ingredient of law is coercive and imperative. Ehrlich criticizes the idea ...

Chapter 3 Jurisprudence- The Emergence of Legal Positivism. §         Legal positivism presented as if they are able to say what law is, however, NLT do this as well as considering the ethical element. §         P- its basic method is descriptive. ...