Archive for April, 2005
Not-Unlawfulness and the Burden of Proof
1 Comment Published by Manfred Gabriel April 19th, 2005 in JurisprudenceIf life put up less of a struggle when we attempt to make it conform to rules, there would be fewer lawyers. Everyone can argue about life. First-year law students can argue about rules and case law. But pulling both together, arguing where and why life comes under the rule is difficult. There are of […]
Decoding Judicial Self Restraint
1 Comment Published by Hanno Kaiser April 16th, 2005 in System TheoryOne of the critical questions of legal theory is that of legal irrelevancy, that is, under what conditions an event (E) is a legal or an extra-legal event. Under what conditions is it proper to apply the binary code of the legal system, lawful/unlawful, to E? The question is of obvious practical relevance, because it […]
One of the curious ways in which the American intellectual climate differs from that in Europe is the involvement of the legal system in the “great debates.” Every society has to come to terms with social and technological change, a process that results, at least in open societies, in public debates, in which cognitive and […]
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