Derechos Y Libertades. Número 17
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2013 3. Szám 2013 Október
Jogelméleti Szemle 20132013////3333.. szám TARTALOM Tanulmányok Bodnár, Zsolt: The interrelationships of segregation and its impact on crime .................................... 2 Frivaldszky János – Frivaldszkyné Jung Csilla: Az öngyilkosság és az abban való közrem űködés a természetes erkölcsi törvény és természetjogi gondolkodás szempontjából ....................................... 7 Hamza Gábor: A magánjog fejl ődése és kodifikációja Mexikóban .................................................. 34 Lázár Nóra Kata: Egy európai kormányzás lehet ősége a nukleáris kérdések területén ..................... 44 Németh Zoltán György: Az orvos szakért ői bizonyítékok jellemz ői a büntet őeljárásban ................ 55 Nótári, Tamás: Legal and historical remarks on Carmina Salisburgensia ......................................... 63 Pokol Béla: Értelmi konkretizálás: Az Alaptörvény alkotmánybírósági értelmezésének vitái ......... 71 Szabó Judit: Az angolszász büntet őeljárás ideológiai alapjai és jellemz ői a kontradiktórius modell tükrében ............................................................................................................................................ 112 Vértesy László: Bankok vs. Alaptörvény ........................................................................................ 123 Vörös Imre: Az állami támogatások uniós jogi megítélésnek hatása a bels ő jogra ......................... 131 Recenziók Nótári, Tamás: Quintus Tullius Cicero kampánystratégiai kézikönyve angolul ............................. 163 Interjú -
Xerox University Microfilms 300 North Zeeb Road Ann Arbor, Michigan 48106 73-20,631
THE EFFORT TO ESCAPE FROM TEMPORAL CONSCIOUSNESS AS EXPRESSED IN THE THOUGHT AND WORK OF HERMAN HESSE, HANNAH ARENDT, AND KARL LOEWITH Item Type text; Dissertation-Reproduction (electronic) Authors Olsen, Gary Raymond, 1940- Publisher The University of Arizona. Rights Copyright © is held by the author. Digital access to this material is made possible by the University Libraries, University of Arizona. Further transmission, reproduction or presentation (such as public display or performance) of protected items is prohibited except with permission of the author. Download date 10/10/2021 18:13:22 Link to Item http://hdl.handle.net/10150/288040 INFORMATION TO USERS This material was produced from a microfilm copy of the original document. While the most advanced technological means to photograph and reproduce this document have been used, the quality is heavily dependent upon the quality of the original submitted. The following explanation of techniques is provided to help you understand markings or patterns which may appear on this reproduction. 1. The sign or "target" for pages apparently lacking from the document photographed is "Missing Paga(s)". If it was possible to obtain the missing page(s) or section, they are spliced into the film along with adjacent pages. This may have necessitated cutting thru an image and duplicating adjacent pages to insure you complete continuity. 2. When an image on the film is obliterated with a large round black mark, it is an indication that the photographer suspected that the copy may have moved during exposure and thus cause a blurred image. You will find a good image of the page in the adjacent frame. -
Paradigm for the Sociology of Knowledge 1945
1 Paradigm for the Sociology of Knowledge 1945 The last generation has witnessed the emergence of a special field of sociological inquiry: the sociology of knowledge (Wissenssoziologie). The term “knowledge” must be interpreted very broadly indeed, since studies in this area have dealt with virtually the entire gamut of cultural products (ideas, ideologies, juristic and ethical beliefs, philosophy, science, tech nology). But whatever the conception of knowledge, the orientation of this discipline remains largely the same: it is primarily concerned with the relations between knowledge and other existential factors in the society or culture. General and even vague as this formulation of the central purpose may be, a more specific statement will not serve to include the diverse approaches which have been developed. Manifestly, then, the sociology of knowledge is concerned with problems that have had a long history. So much is this the case, that the discipline has found its first historian, Ernst Gruenwald.1 But our primary concern is not with the many antecedents of current theories. There are indeed few present-day observations which have not found previous expression in suggestive aperçus. King Henry IV was being reminded that “Thy wish was father, Harry, to that thought” only a few years before Bacon was writing that “The human understanding is no dry light but receives an Originally published as “Sociology of Knowledge,” in Georges Gurvitch and Wil bert E. Moore, eds., Twentieth-Century Sociology (New York: Philosophical Li brary, 1945), pp. 366-405. Reprinted with permission. 1. Nothing will be said of this history in this paper. -
Barron Nomination Could Be on Senate Floor As Early As This Week
WASHINGTON LEGISLATIVE OFFICE URGENT: BARRON NOMINATION COULD BE ON SENATE FLOOR AS EARLY AS THIS WEEK May 5, 2014 Re: Need for All Senators to Read Key OLC Opinions, Including Ones Authorizing the Killing of a United States Citizen Away from a Battlefield, Before Voting on the Nomination of their Author, David Barron, for the AMERICAN CIVIL United States Court of Appeals for the First Circuit LIBERTIES UNION WASHINGTON LEGISLATIVE OFFICE 915 15th STREET, NW, 6 TH FL Dear Senator: WASHINGTON, DC 20005 T/202.544.1681 F/202.546.0738 Before voting on the nomination of David Barron for the United States WWW.ACLU.ORG Court of Appeals for the First Circuit, the American Civil Liberties Union LAURA W. MURPHY strongly urges you to read the two known Justice Department legal opinions, DIRECTOR authored or signed by Mr. Barron, which reportedly authorized the killing of an NATIONAL OFFICE American citizen by an armed drone, away from a battlefield. The ACLU also 125 BROAD STREET, 18 TH FL. urges you to obtain and read any and all other legal opinions related to the NEW YORK, NY 10004-2400 T/212.549.2500 targeted killing or armed drone program that were written or signed by Mr. Barron. The ACLU does not endorse or oppose any nominee, but strongly urges OFFICERS AND DIRECTORS SUSAN N. HERMAN the Senate to delay any vote on confirmation of Mr. Barron until all senators have PRESIDENT an opportunity to read, with advice of cleared staff, these legal opinions that ANTHONY D. ROMERO authorized an unprecedented killing, as well as any other opinions written or EXECUTIVE DIRECTOR signed by Mr. -
Trump Judges: Even More Extreme Than Reagan and Bush Judges
Trump Judges: Even More Extreme Than Reagan and Bush Judges September 3, 2020 Executive Summary In June, President Donald Trump pledged to release a new short list of potential Supreme Court nominees by September 1, 2020, for his consideration should he be reelected in November. While Trump has not yet released such a list, it likely would include several people he has already picked for powerful lifetime seats on the federal courts of appeals. Trump appointees' records raise alarms about the extremism they would bring to the highest court in the United States – and the people he would put on the appellate bench if he is reelected to a second term. According to People For the American Way’s ongoing research, these judges (including those likely to be on Trump’s short list), have written or joined more than 100 opinions or dissents as of August 31 that are so far to the right that in nearly one out of every four cases we have reviewed, other Republican-appointed judges, including those on Trump’s previous Supreme Court short lists, have disagreed with them.1 Considering that every Republican president since Ronald Reagan has made a considerable effort to pick very conservative judges, the likelihood that Trump could elevate even more of his extreme judicial picks raises serious concerns. On issues including reproductive rights, voting rights, police violence, gun safety, consumer rights against corporations, and the environment, Trump judges have consistently sided with right-wing special interests over the American people – even measured against other Republican-appointed judges. Many of these cases concern majority rulings issued or joined by Trump judges. -
Bruce Ackerman
BOOK REVIEW CONSTITUTIONAL ALARMISM THE DECLINE AND FALL OF THE AMERICAN REPUBLIC. By Bruce Ackerman. Cambridge, Mass.: The Belknap Press of Harvard University Press. 2010. Pp. 270. $25.95. Reviewed by Trevor W. Morrison∗ INTRODUCTION The Decline and Fall of the American Republic is a call to action. Professor Bruce Ackerman opens the book with the claim that “some- thing is seriously wrong — very seriously wrong — with the tradition of government that we have inherited” (p. 3). The problem, he says, is the modern American presidency, which he portrays as recently trans- formed into “an especially dangerous office” (p. 189 n.1) posing “a se- rious threat to our constitutional tradition” (p. 4). Ackerman urges us to confront this “potential for catastrophic decline — and act before it is too late” (p. 11). Concerns of this kind are not new. Indeed, in some respects De- cline and Fall reads as a sequel to Professor Arthur Schlesinger’s 1973 classic, The Imperial Presidency.1 Ackerman writes consciously in that tradition, but with a sense of renewed urgency driven by a convic- tion that “the presidency has become far more dangerous today” than in Schlesinger’s time (p. 188). The sources and mechanisms of that purported danger are numerous; Decline and Fall sweeps across jour- nalism, national opinion polls, the Electoral College, civilian-military relations, presidential control of the bureaucracy, and executive branch lawyering to contend that “the foundations of our own republic are eroding before our very eyes” (p. 188). ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– ∗ Professor of Law, Columbia University. For helpful comments on earlier drafts, I thank Akhil Amar, David Barron, Ariela Dubler, Jack Goldsmith, Marty Lederman, Peter Margulies, Gillian Metzger, Henry Monaghan, Rick Pildes, Jeff Powell, John Witt, and participants in faculty workshops at Vanderbilt University and the University of Washington. -
The Death Penalty As Torture
The Death Penalty as Torture bessler DPT last pages.indb 1 1/12/17 11:47 AM Also by John D. Bessler Death in the Dark: Midnight Executions in Amer i ca Kiss of Death: Amer i ca’s Love Affair with the Death Penalty Legacy of Vio lence: Lynch Mobs and Executions in Minnesota Writing for Life: The Craft of Writing for Everyday Living Cruel and Unusual: The American Death Penalty and the Found ers’ Eighth Amendment The Birth of American Law: An Italian Phi los o pher and the American Revolution Against the Death Penalty (editor) bessler DPT last pages.indb 2 1/12/17 11:47 AM The Death Penalty as Torture From the Dark Ages to Abolition John D. Bessler Carolina Academic Press Durham, North Carolina bessler DPT last pages.indb 3 1/12/17 11:47 AM Copyright © 2017 John D. Bessler All Rights Reserved Library of Congress Cataloging-in-Publication Data Names: Bessler, John D., author. Title: The death penalty as torture : from the dark ages to abolition / John D. Bessler. Description: Durham, North Carolina : Carolina Academic Press, 2016. | Includes bibliographical references and index. Identifiers: LCCN 2016036253 | ISBN 9781611639261 (alk. paper) Subjects: LCSH: Capital punishment--History. | Capital punishment--United States. Classification: LCC K5104 .B48 2016 | DDC 345/.0773--dc23 LC record available at https://lccn.loc.gov/2016036253 Carolina Academic Press, LLC 700 Kent Street Durham, North Carolina 27701 Telephone (919) 489-7486 Fax (919) 493-5668 www.cap-press.com Printed in the United States of America bessler DPT last pages.indb 4 1/12/17 11:47 AM For all victims of torture bessler DPT last pages.indb 5 1/12/17 11:47 AM bessler DPT last pages.indb 6 1/12/17 11:47 AM “Can the state, which represents the whole of society and has the duty of protect- ing society, fulfill that duty by lowering itself to the level of the murderer, and treating him as he treated others? The forfeiture of life is too absolute, too irre- versible, for one human being to inflict it on another, even when backed by legal process.” — U.N. -
A Close Reading of Barnette, in Honor of Vincent Blasi
FIU Law Review Volume 13 Number 4 Barnette at 75: The Past, Present, and Future of the Fixed Star in Our Constitutional Article 8 Constellation Spring 2019 A Close Reading of Barnette, in Honor of Vincent Blasi Paul Horwitz Gordon Rosen Professor, Hugh F. Culverhouse Jr. School of Law, University of Alabama Follow this and additional works at: https://ecollections.law.fiu.edu/lawreview Part of the Constitutional Law Commons, First Amendment Commons, Legal Education Commons, and the Religion Law Commons Online ISSN: 2643-7759 Recommended Citation Paul Horwitz, A Close Reading of Barnette, in Honor of Vincent Blasi, 13 FIU L. Rev. 689 (2019). DOI: https://dx.doi.org/10.25148/lawrev.13.4.8 This Article is brought to you for free and open access by eCollections. It has been accepted for inclusion in FIU Law Review by an authorized editor of eCollections. For more information, please contact [email protected]. 05 - HORWITZ.DOCX (DO NOT DELETE) 4/6/19 12:41 PM A CLOSE READING OF BARNETTE, IN HONOR OF VINCENT BLASI Paul Horwitz* I am aware that we must decide the case before us and not some other case. But that does not mean that a case is dissociated from the past and unrelated to the future.1 —Justice Felix Frankfurter I. INTRODUCTION Because he spent years teaching at both Columbia and the University of Virginia (after stints at Texas and Michigan), Vincent Blasi has been influential, as a colleague or teacher, for many contemporary First Amendment scholars. Although all of us have learned from his first-rate body of writing on the First Amendment, his influence as a teacher has been no less profound. -
The Obama Administration and the Prospects for a Democratic Presidency in a Post-9/11 World
NYLS Law Review Vols. 22-63 (1976-2019) Volume 56 Issue 1 Civil Liberties 10 Years After 9/11 Article 2 January 2012 The Obama Administration and the Prospects for a Democratic Presidency in a Post-9/11 World Peter M. Shane The Ohio State University Moritz College of Law Follow this and additional works at: https://digitalcommons.nyls.edu/nyls_law_review Part of the Law and Politics Commons, Law and Society Commons, Military, War, and Peace Commons, and the National Security Law Commons Recommended Citation Peter M. Shane, The Obama Administration and the Prospects for a Democratic Presidency in a Post-9/11 World, 56 N.Y.L. SCH. L. REV. 28 (2011-2012). This Article is brought to you for free and open access by DigitalCommons@NYLS. It has been accepted for inclusion in NYLS Law Review by an authorized editor of DigitalCommons@NYLS. VOLUME 56 | 2011/12 PETER M. SHANE The Obama Administration and the Prospects for a Democratic Presidency in a Post-9/11 World ABOUT THE AUTHOR: Jacob E. Davis and Jacob E. Davis II Chair in Law, The Ohio State University Moritz College of Law. 27 THE PROSpeCTS FOR A DemoCRATIC PRESIdeNCY IN A POST-9/11 WORld [W]hen I won [the] election in 2008, one of the reasons I think that people were excited about the campaign was the prospect that we would change how business is done in Washington. And we were in such a hurry to get things done that we didn’t change how things got done. And I think that frustrated people. -
A Call for Institutional Reform of the Office of Legal Counsel
\\server05\productn\H\HLP\4-1\HLP102.txt unknown Seq: 1 11-FEB-10 17:43 A Call for Institutional Reform of the Office of Legal Counsel Bradley Lipton* INTRODUCTION The Office of Legal Counsel (OLC) has been deemed “the most impor- tant government office you’ve never heard of” by Newsweek magazine.1 In- deed, the office is extraordinarily powerful, standing as the legal arbiter of what the executive branch can and cannot do. With great power, so the saying goes, comes great responsibility—to fairly and forthrightly interpret the law, to hold the government back when it risks overreaching, and to settle disputes with an even hand. Yet during the Administration of George W. Bush, OLC let partisan political interests and ideology interfere with its function as fair-minded authority. As a result, the office has sanctioned— and the executive branch has pursued—legally unsound policies. This con- duct most prominently entered the public consciousness in two incidents: the sanctioning of torture by U.S. military forces2 and the politicization of hiring at the Department of Justice.3 The nomination of OLC head Dawn Johnsen has also recently prompted controversy.4 This Essay explains what went wrong in the Office of Legal Counsel during the Bush Administration and suggests institutional reform to prevent such problems in the future. I begin by showing how OLC’s conduct vio- lated widely held norms within the legal community. Though many observ- ers have focused on OLC’s actions authorizing torture, this Essay contends, on the basis of more recently released documents, that the office’s role per- mitting warrantless wiretapping within the United States was a unique viola- tion of lawyerly values. -
Indirect Constraints on the Office of Legal Counsel: Examining a Role for the Senate Judiciary Committee
Stanford Law Review Volume 73 June 2021 NOTE Indirect Constraints on the Office of Legal Counsel: Examining a Role for the Senate Judiciary Committee William S. Janover* Abstract. As arbiter of the constitutionality of executive actions, the Department of Justice Office of Legal Counsel (OLC) possesses vast authority over the operation of the federal government and is one of the primary vessels for the articulation of executive power. It therefore is not surprising that the OLC has found itself at the center of controversy across Democratic and Republican administrations. OLC opinions have justified the obstruction of valid congressional investigations, the targeted killing of an American citizen overseas, repeated military incursions without congressional approval, and, most infamously, torture. These episodes have generated a significant body of proposals to reform, constrain, or altogether eliminate the OLC. All of these proposals can be categorized as either direct or indirect constraints on how the OLC operates. Direct constraints target how the OLC actually creates its legal work product. Indirect constraints instead focus on the OLC’s personnel or the public scrutiny the Office’s opinions will face. This Note expands on this existing body of research, focusing on how one institution unstudied in this context, the United States Senate Judiciary Committee, can operationalize meaningful indirect constraints on the OLC. Unlike the other actors that scholars have examined, the Committee’s position outside the executive branch allows it to sidestep the President’s ever-expanding reach within the federal bureaucracy. At the same time, the Committee’s oversight powers and its central role in the nomination of both the OLC’s leader and Article III judges give it important constitutional and statutory authority to constrain the Office. -
Legal Pluralism, Plurality of Laws, and Legal Practices: Theories, Critiques, and Praxiological Re-Specification
EUROPEAN JOURNAL OF LEGAL STUDIES : ISSUE 1 Legal Pluralism, Plurality of Laws, and Legal Practices: Theories, Critiques, and Praxiological Re-specification Baudouin Dupret* Legal pluralism has become a major theme in socio-legal studies. However, under this very broad denomination, one can identify many different trends which share little but the very basic idea that law is much more than state law. Despite their eclectic character, these many conceptions of legal pluralism also share some common fundamental premises concerning the nature of law, its function, and its relationship with its cultural milieu. This contribution aims at critically addressing these premises and at suggesting some re- specification of the question of law, its plural sources, and the many practices that enfold in relationship with it. In its spirit, this re-specification can be characterised as realistic and praxiological. Indeed, I shall argue that it is at best useless and at worst wrong to start from a label like “legal pluralism” so as to describe something which is presumed to be an instance of such label. My contention here is that law is what people consider as law, nothing more nothing less, and that occurrences of legal plurality are limited to these situations where people explicitly orient themselves to the fragmented spectrum of law. Instead of looking at the hypothetical pluralistic model of law which something like, e.g., Egyptian law, would be an instance of, the task of social scientists is, rather, to describe the situations, the mechanisms and the processes through which people orient to something legal which they identify as pluralistic.