John Locke on Knowledge of the Natural Law
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Philosophical Statism and the Illusions of Citizenship Reflections on the Neutral State
1 Philosophical Statism and the Illusions of Citizenship Reflections on the Neutral State Frank van Dun ∗ Is the welfare state neutral to personal morality? 1 In today's welfare states one can find numerous life-styles existing side by side. These indicate a wide scope for 'personal mo- ralities' 2, but do not prove that the welfare state is 'neutral' to them. Welfare states interfere in more or less onerous ways with the business of (private) life with police checks, administrative controls and a vast arsenal of regulatory, penal and/or fiscal regimes. Some of the regulations may be more or less reasonable attempts to minimise the risk of one person inflicting irreparable damage on others or their property, but a great many are not. It is not too difficult to see the hand of special (economic, ideological, even sectarian) interests in the bulk of the rules and regulations on the books. 3 The state's non-neutrality is often an unintended outcome, but not always. Officials introduce new regulations with proud declarations of their intention to enforce particular 'moral choices', to treat one thing as a 'merit good' and another as an evil. They also justify intrusive policies with blatantly paternalistic arguments—remember their promise, or was it threat, to take care of us "from the cradle to the grave"—, with self-congratulatory references to an unspecified 'responsibility of the government'. There is no more direct negation of the role of private mo- rality than the claim that one discharges one's own responsibility by depriving others of the opportunity to exercise theirs. -
The Sources of International Law: an Introduction
The Sources of International Law : An Introduction Samantha Besson, Jean d’Aspremont To cite this version: Samantha Besson, Jean d’Aspremont. The Sources of International Law : An Introduction. Besson, Samantha and d’Aspremont, Jean. The Oxford Handbook of the Sources of International Law, Oxford University Press, pp.1–39, 2017, 978-0-19-186026-3. hal-02516183 HAL Id: hal-02516183 https://hal.archives-ouvertes.fr/hal-02516183 Submitted on 28 Apr 2020 HAL is a multi-disciplinary open access L’archive ouverte pluridisciplinaire HAL, est archive for the deposit and dissemination of sci- destinée au dépôt et à la diffusion de documents entific research documents, whether they are pub- scientifiques de niveau recherche, publiés ou non, lished or not. The documents may come from émanant des établissements d’enseignement et de teaching and research institutions in France or recherche français ou étrangers, des laboratoires abroad, or from public or private research centers. publics ou privés. THE SOURCES OF INTERNATIONAL LAW AN INTRODUCTION Samantha Besson and Jean D’Aspremont* I. Introduction The sources of international law constitute one of the most central patterns around which international legal discourses and legal claims are built. It is not contested that speaking like an international lawyer entails, first and foremost, the ability to deploy the categories put in place by the sources of international law. It is against the backdrop of the pivotal role of the sources of international law in international discourse that this introduction sets the stage for discussions con- ducted in this volume. It starts by shedding light on the centrality of the sources of international law in theory and practice (II: The Centrality of the Sources of International Law in Theory and Practice). -
Self-Proving Wills by Judon Fambrough
JULY 2012 Legal Issues PUBLICATION 2001 A Reprint from Tierra Grande Self-Proving Wills By Judon Fambrough Historically, Texas recognized three types of wills. The first was an oral will, sometimes called a nuncupative will or deathbed wish. Because of their limited application, oral wills made (signed) after Sept. 1, 2007, are no longer valid in Texas. The two other types are still Hvalid. A will written entirely in the deceased’s handwriting is known as a holographic will. A will not entirely in the deceased’s handwriting (typi- cally a typewritten will) is known as an attested will. Figure 1. Self-Proving Affidavit for Holographic Will THE STATE OF TEXAS COUNTY OF ____________________ (County where signed) Before me, the undersigned authority, on this day personally appeared ____________________, known to me to be the testator (testatrix), whose name is subscribed to the foregoing will, who first being by me duly sworn, declared to me that the said foregoing instrument is his (her) last will and testament, that he (she) had willingly made and executed it as his (her) free act and deed, that he (she) was at the time of execution eighteen years of age or over (or being under such age, was or had been lawfully married, or was a member of the armed forces of the United States or of an auxiliary thereof or of the Maritime Service), that he (she) was of sound mind at the time Self-Proving Holographic Wills of execution and that he (she) has not revoked the olographic wills need no wit- will and testament. -
Evidence - Proof of Present Crime by Evidence of Past Criminal Acts James Hackett
Marquette Law Review Volume 23 Article 9 Issue 1 December 1938 Evidence - Proof of Present Crime by Evidence of Past Criminal Acts James Hackett Follow this and additional works at: http://scholarship.law.marquette.edu/mulr Part of the Law Commons Repository Citation James Hackett, Evidence - Proof of Present Crime by Evidence of Past Criminal Acts, 23 Marq. L. Rev. 41 (1938). Available at: http://scholarship.law.marquette.edu/mulr/vol23/iss1/9 This Article is brought to you for free and open access by the Journals at Marquette Law Scholarly Commons. It has been accepted for inclusion in Marquette Law Review by an authorized administrator of Marquette Law Scholarly Commons. For more information, please contact [email protected]. 1938] RECENT DECISIONS cited with approval in Hill v. State, 145 Ala. 58, 40 So. 654 (1906). See also Mahoney v. State, 203 Ind. 421, 180 N.E. 580 (1932). In Turner v. State, 1 Ohio St. 422 (1853), the defendant demanded money of the prosecuting witness and, as the wife was handing it over to the prosecuting witness, the defendant snatched it and pocketed it. This was held to be robbery since it is enough that the property was in the presence and under immediate control, and that the offended party was laboring under fear, and that the intent to rob was present. The property need not actually be severed from the person. Cf. Ibeck v. State, 112 Tex. Cr. 288, 16 S.W. (2d) 232 (1929), where it was held that one may be robbed of property not taken from his person. -
Logic, Sets, and Proofs David A
Logic, Sets, and Proofs David A. Cox and Catherine C. McGeoch Amherst College 1 Logic Logical Statements. A logical statement is a mathematical statement that is either true or false. Here we denote logical statements with capital letters A; B. Logical statements be combined to form new logical statements as follows: Name Notation Conjunction A and B Disjunction A or B Negation not A :A Implication A implies B if A, then B A ) B Equivalence A if and only if B A , B Here are some examples of conjunction, disjunction and negation: x > 1 and x < 3: This is true when x is in the open interval (1; 3). x > 1 or x < 3: This is true for all real numbers x. :(x > 1): This is the same as x ≤ 1. Here are two logical statements that are true: x > 4 ) x > 2. x2 = 1 , (x = 1 or x = −1). Note that \x = 1 or x = −1" is usually written x = ±1. Converses, Contrapositives, and Tautologies. We begin with converses and contrapositives: • The converse of \A implies B" is \B implies A". • The contrapositive of \A implies B" is \:B implies :A" Thus the statement \x > 4 ) x > 2" has: • Converse: x > 2 ) x > 4. • Contrapositive: x ≤ 2 ) x ≤ 4. 1 Some logical statements are guaranteed to always be true. These are tautologies. Here are two tautologies that involve converses and contrapositives: • (A if and only if B) , ((A implies B) and (B implies A)). In other words, A and B are equivalent exactly when both A ) B and its converse are true. -
U.S. Supreme Court Clarifies Rules Governing Proof of Foreign
International Arbitration and Litigation JUNE 28, 2018 U.S. Supreme Court Clarifies For more information, Rules Governing Proof of Foreign contact: Law James E. Berger +1 212 556 2202 [email protected] 1 INTRODUCTION Charlene C. Sun International dispute practitioners are well aware of the challenges that +1 212 556 2107 arise when the substance of foreign law is disputed in U.S. courts. Most [email protected] practitioners are aware that the question is governed by Rule 44.1 of the Federal Rules of Civil Procedure, the text of which affords a U.S. federal King & Spalding court significant discretion and latitude in determining the substance of foreign law. When foreign law is placed in issue, however, the government New York whose law is at issue may seek (or be called upon) to offer its own views. 1185 Avenue of the Americas The question of how much deference to afford a foreign government’s view New York, New York 10036- of its own law had become a contentious issue in U.S. litigation, particularly 4003 in cases—including cases against a foreign sovereign or one of its Tel: +1 212 556 2100 instrumentalities—where the foreign state has an interest in the outcome of that determination. On June 14, 2018, the United States Supreme Court decided Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co. Ltd.,2 a case arising from a class-action suit brought by U.S. based purchasers of vitamin C (the U.S. purchasers) against four Chinese companies that manufactured and exported the vitamin. The plaintiffs accused the sellers of fixing the price and quantity of the nutrient exported to the United States. -
Law, Economics, and the Burden(S) of Proof
Columbia Law School Scholarship Archive Faculty Scholarship Faculty Publications 2012 Law, Economics, and the Burden(s) of Proof Eric L. Talley Columbia Law School, [email protected] Follow this and additional works at: https://scholarship.law.columbia.edu/faculty_scholarship Part of the Criminal Law Commons, Law and Economics Commons, and the Torts Commons Recommended Citation Eric L. Talley, Law, Economics, and the Burden(s) of Proof, RESEARCH HANDBOOK ON THE ECONOMICS OF TORTS, JENNIFER ARLEN, ED., EDWARD ELGAR, 2013; UC BERKELEY PUBLIC LAW RESEARCH PAPER NO. 2170469 (2012). Available at: https://scholarship.law.columbia.edu/faculty_scholarship/1768 This Working Paper is brought to you for free and open access by the Faculty Publications at Scholarship Archive. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Scholarship Archive. For more information, please contact [email protected]. Law, Economics, and the Burden(s) of Proof Eric L. Talley1 Forthcoming in Research Handbook on the Economic Analysis of Tort Law (J. Arlen Ed, 2013) Version 2.4, November 5, 2012 (Original version: March, 2012) Contents 1. Introduction ............................................................................................................................................... 3 2. Definitional Dark Matter ........................................................................................................................... 6 3. Law and Economics Analysis of the Burden of Proof ........................................................................... -
The Order of the Prophets: Series in Early French Social Science and Socialism
Hist. Sci., xlviii (2010) THE ORDER OF THE PROPHETS: SERIES IN EARLY FRENCH SOCIAL SCIENCE AND SOCIALISM John Tresch University of Pennsylvania Everything that can be thought by the mind or perceived by the senses is necessarily a series.1 According to the editors of an influential text in the history of social science, “in the first half of the nineteenth century the expression series seemed destined to a great philosophical future”.2 The expression itself seems to encourage speculation on destiny. Elements laid out in a temporal sequence ask to be continued through the addition of subsequent terms. “Series” were particularly prominent in the French Restoration and July Monarchy (1815–48) in works announcing a new social science. For example, the physician and republican conspirator J. P. B. Buchez, a former fol- lower of Henri de Saint-Simon who led a movement of Catholic social reform, made “series” central to his Introduction à la science de l’histoire. Mathematical series show a “progression”, not “a simple succession of unrelated numbers”; in human history, we discover two simultaneous series: “one growing, that of good; one diminishing, that of evil.” The inevitability of positive progress was confirmed by recent findings in physiology, zoology and geology. Correlations between the developmental stages of organisms, species, and the Earth were proof that humanity’s presence in the world “was no accident”, and that “labour, devotion and sacrifice” were part of the “universal order”. The “great law of progress” pointed toward a socialist republic in fulfilment both of scripture and of the promise of 1789. -
My Last Will and Testament Means
My Last Will And Testament Means Ribless or respiratory, Steward never consume any racism! Simmonds remains demiurgical: she brachiate her vibrant symbolise too vernally? Ingamar recrystallises variably if plausible Al uncase or travels. What you outlined by issuing letters and my will last means the means. Court oversees this process. If you need to disinherit a child you should do so by naming and disinheriting that child specifically. He did want your will and by taking the proper manner you seek to join the testament will and means that this document must also need for a cloud services. This last will and my last will means. As my last will means signing and testament means creditors is that the instrument to manage your death, then the validity of testament will my last and means that have different. Most problematic type and will my last and testament means, we created before the. What Happens If I Die Without A Last Will and Testament In Michigan? Be molded into the entry word comes near you and testament does not. By my last will means, my last will and testament means today to your death, settling your property? There are not survive. In my last decade or testament will my last and means that my last will to your beneficiaries will that of testament prepared for you chose to going to the forefront of. An executor is called a last will means that will my last and testament means that were not given certain elements of common disaster, no will and you can. -
Book Review Rationalism and Revisionism in International Law
BOOK REVIEW RATIONALISM AND REVISIONISM IN INTERNATIONAL LAW THE LIMITS OF INTERNATIONAL LAW. By Jack L. Goldsmith and Eric A. Posner. New York: Oxford University Press. 2005. Pp. 262. $29.95. Reviewed by Oona A. Hathaway*and Ariel N. Lavinbuk** INTRODUCTION International law has moved from the periphery to the center of public debate in the course of only a few short years. The ever- quickening globalization of politics, culture, and economics has prompted new efforts to find global solutions to global problems. In- ternational law now touches an astonishing array of activities. It gov- erns everything from the goods and services that cross state borders and the greenhouse gases that industries and consumers produce, to the circumstances that justify intervention in humanitarian disasters and the treatment afforded suspected terrorists. Of increasingly urgent concern, then, is whether all of this law actually makes much of a difference. Legal scholars have traditionally argued that it does. They have, for the most part, portrayed international law as a powerful and much-needed external limit on states' pursuit of their own short-term interests. Over the last half decade, however, Professors Jack Gold- smith and Eric Posner have aspired to revolutionize policymaking and scholarship by arguing precisely the opposite - an argument now pre- sented fully in The Limits of InternationalLaw. In their view, interna- tional law does not check self-interest but instead "emerges from states acting rationally to maximize their interests, given their perceptions of the interests of other states and the distribution of state power" (p. 3). * Associate Professor of Law, Yale Law School; Carnegie Scholar 2004. -
Choice of Law for Burdens of Proof
NORTH CAROLINA JOURNAL OF INTERNATIONAL LAW Volume 46 Number 1 Article 6 2021 Choice of Law for Burdens of Proof Dale A. Nance Follow this and additional works at: https://scholarship.law.unc.edu/ncilj Part of the Law Commons Recommended Citation Dale A. Nance, Choice of Law for Burdens of Proof, 46 N.C. J. INT'L L. 235 (2020). Available at: https://scholarship.law.unc.edu/ncilj/vol46/iss1/6 This Article is brought to you for free and open access by Carolina Law Scholarship Repository. It has been accepted for inclusion in North Carolina Journal of International Law by an authorized editor of Carolina Law Scholarship Repository. For more information, please contact [email protected]. Choice of Law for Burdens of Proof Dale A. Nance† ABSTRACT: The traditional view is that all aspects of the burden of proof are procedural, so a forum court properly employs its own law on such matters, even when comity dictates the application of another jurisdiction’s substantive law to the matter in dispute. However, this has never been an entirely accurate description of practice, and there has been discernible movement toward the opposite conclusion over the last century. The matter remains in flux, with divergent judicial opinions and unhelpful rationalizations. This Article explains the discord and provides a workable rule for resolving the choice-of-law problem. The key is to recognize that the two components of the burden of proof, the burden of persuasion and the burden of production, have quite different functions. Once these functions are identified, it becomes clear that the burden of production, in both its allocation and the severity of the burden that it imposes, should be governed by forum law. -
Montesquieu's Mistakes and the True Meaning of Separation Laurence Claus University of San Diego School of Law, [email protected]
University of San Diego Digital USD University of San Diego Public Law and Legal Law Faculty Scholarship Theory Research Paper Series September 2004 Montesquieu's Mistakes and the True Meaning of Separation Laurence Claus University of San Diego School of Law, [email protected] Follow this and additional works at: http://digital.sandiego.edu/lwps_public Part of the Constitutional Law Commons, Jurisprudence Commons, Legal History Commons, Legislation Commons, and the Public Law and Legal Theory Commons Digital USD Citation Claus, Laurence, "Montesquieu's Mistakes and the True Meaning of Separation" (2004). University of San Diego Public Law and Legal Theory Research Paper Series. 11. http://digital.sandiego.edu/lwps_public/art11 This Article is brought to you for free and open access by the Law Faculty Scholarship at Digital USD. It has been accepted for inclusion in University of San Diego Public Law and Legal Theory Research Paper Series by an authorized administrator of Digital USD. For more information, please contact [email protected]. Claus: Public Law and Legal Theory Research Paper Series September 2004 Montesquieu's Mistakes and the True Meaning of Separation Laurence Claus Published by Digital USD, 2004 1 University of San Diego Public Law and Legal Theory Research Paper Series, Art. 11 [2004] MONTESQUIEU’S MISTAKES AND THE TRUE MEANING OF SEPARATION 25 Oxford Journal of Legal Studies (forthcoming) Laurence Claus1 “The political liberty of the subject,” said Montesquieu, “is a tranquility of mind arising from the opinion each person has of his safety. In order to have this liberty, it is requisite the government be so constituted as one man needs not be afraid of another.”2 The liberty of which Montesquieu spoke is directly promoted by apportioning power among political actors in a way that minimizes opportunities for those actors to determine conclusively the reach of their own powers.