Search results for 'International law Interpretation and construction' (try it on Scholar)

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  1. Clive Parry, J. A. Hopkins, International Law Fund & British Institute of International and Comparative Law (1963). British International Law Cases a Collection of Decisions of Courts in the British Isles on Points of International Law. --. Stevens.
     
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  2.  15
    Jean D' Aspremont (2011). Formalism and the Sources of International Law: A Theory of the Ascertainment of Legal Rules. Oxford University Press.
    This book revisits the theory of the sources of international law from the perspective of formalism.
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  3.  56
    Robert Stecker (2003). Interpretation and Construction: Art, Speech, and the Law. Blackwell.
    Interpreting the everyday -- Art interpretation : the central issues -- A theory of art interpretation : substantive claims -- A theory of art interpretation : conceptual and ontological claims -- Radical constructivism -- Moderate and historical constructivism -- Interpretation and construction in the law -- Relativism versus pluralism.
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  4. Helmut Philipp Aust & Georg Nolte (eds.) (2016). The Interpretation of International Law by Domestic Courts: Uniformity, Diversity, Convergence. Oxford University Press Uk.
    This book explores the question of how international law is applied by domestic courts. Through case studies and analysis the contributors consider how traditions and diversity affect the interpretation of international law, from a mixture of doctrinal, practical, and theoretical approaches.
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  5. Alexander Orakhelashvili (2008). The Interpretation of Acts and Rules in Public International Law. Oxford University Press Uk.
    There are frequent claims that the regulation of international law is uncertain, vague, ambiguous, or indeterminate, which does not support the desired stability, transparency, or predictability of international legal relations. This monograph examines the framework of interpretation in international law based on the premise of the effectiveness and determinacy of international legal regulation, which is a necessary pre-requisite for international law to be viewed as law. This study examines this problem for the first time (...)
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  6. Robert Stecker (2003). Interpretation and Construction: Art, Speech, and the Law. Wiley-Blackwell.
    _Interpretation and Construction_ examines the interpretation and products of intentional human behavior, focusing primarily on issues in art, law, and everyday speech. Focuses on artistic interpretation, but also includes extended discussion of interpretation of the law and everyday speech and communication. Written by one of the leading theorists of interpretation. Theoretical discussions are consistently centered around examples for ease of comprehension.
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  7. Robert Stecker (2008). Interpretation and Construction: Art, Speech, and the Law. Wiley-Blackwell.
    _Interpretation and Construction _examines the interpretation and products of intentional human behavior, focusing primarily on issues in art, law, and everyday speech. Focuses on artistic interpretation, but also includes extended discussion of interpretation of the law and everyday speech and communication. Written by one of the leading theorists of interpretation. Theoretical discussions are consistently centered around examples for ease of comprehension.
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  8. Robert Stecker (2008). Interpretation and Construction: Art, Speech, and the Law. Wiley-Blackwell.
    _Interpretation and Construction _examines the interpretation and products of intentional human behavior, focusing primarily on issues in art, law, and everyday speech. Focuses on artistic interpretation, but also includes extended discussion of interpretation of the law and everyday speech and communication. Written by one of the leading theorists of interpretation. Theoretical discussions are consistently centered around examples for ease of comprehension.
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  9. Robert Stecker (2003). Interpretation and Construction: Art, Speech, and the Law. Wiley-Blackwell.
    _Interpretation and Construction_ examines the interpretation and products of intentional human behavior, focusing primarily on issues in art, law, and everyday speech. Focuses on artistic interpretation, but also includes extended discussion of interpretation of the law and everyday speech and communication. Written by one of the leading theorists of interpretation. Theoretical discussions are consistently centered around examples for ease of comprehension.
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  10. Robert W. Benson (1989). The Semiotics of International Law: Interpretation of the Abm Treaty. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 2 (3):257-276.
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  11.  65
    Joseph Raz (2009). Between Authority and Interpretation: On the Theory of Law and Practical Reason. Oxford University Press.
    Can there be a theory of law? -- Two views of the nature of the theory of law : a partial comparison -- On the nature of law -- The problem of authority : revisiting the service conception -- About morality and the nature of law -- Incorporation by law -- Reasoning with rules -- Why interpret? -- Interpretation without retrieval -- Intention in interpretation -- Interpretation : pluralism and innovation -- On the authority and interpretation (...)
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  12.  19
    Phan Minh Dung & Giovanni Sartor (2011). The Modular Logic of Private International Law. Artificial Intelligence and Law 19 (2-3):233-261.
    We provide a logical analysis of private international law, a rather esoteric, but increasingly important, domain of the law. Private international law addresses overlaps and conflicts between legal systems by distributing cases between the authorities of such systems (jurisdiction) and establishing what rules these authorities have to apply to each case (choice of law). A formal model of the resulting interactions between legal systems is proposed based on modular argumentation. It is argued that this model may also be (...)
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  13. T. Gracyk (2006). Interpretation and Construction: Art, Speech, and the Law. Philosophical Review 115 (4):524-526.
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  14.  58
    Matthew Rowe (2004). Interpretation and Construction, Art, Speech, and the Law. British Journal of Aesthetics 44 (3):303-304.
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  15.  10
    Reviews by David Davies & Julie Van Camp (2004). Robert Stecker, Interpretation and Construction: Art, Speech, and the Law. Journal of Aesthetics and Art Criticism 62 (3):291–296.
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  16.  6
    Gary Iseminger (2007). Interpretation and Construction: Art, Speech, and the Law, by Robert Stecker. European Journal of Philosophy 15 (1):114–118.
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  17. S. Davies, R. Hopkins, J. Robinson & M. Rowe (2004). Interpretation and Construction, Art, Speech, and the Law. British Journal of Aesthetics 44 (3):303-304.
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  18.  15
    Andrei Marmor (ed.) (1995). Law and Interpretation: Essays in Legal Philosophy. Oxford University Press.
    Interest in interpretation has emerged in recent years as one of the main intellectual paradigms of legal scholarship. This collection of new essays in law and interpretation provides the reader with an overview of this important topic, written by some of the most distinguished scholars in the field. The book begins with interpretation as a general method of legal theorizing, and thus provides critical assessment of the recent "interpretative turn" in jurisprudence. Further chapters include essays on the (...)
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  19. Ranyard West (1974). International Law and Psychology. Dobbs Ferry, N.Y.,Oceana Publications.
     
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  20. Ranyard West (1974). International Law and Psychology Two Studies: The Intrusion of Order [and] Conscience and Society. Monograph Collection (Matt - Pseudo).
     
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  21.  9
    Shawn H. E. Harmon (2009). International Public Health Law: Not so Much WHO as Why, and Not Enough WHO and Why Not? [REVIEW] Medicine, Health Care and Philosophy 12 (3):245-255.
    To state the obvious, “health matters”, but health (or its equitable enjoyment) is neither simple nor easy. Public health in particular, which encompasses a broad collection of complex and multidisciplinary activities which are critical to the wellbeing and security of individuals, populations and nations, is a difficult milieu to master effectively. In fact, despite the vital importance of public health, there is a relative dearth of ethico-legal norms tailored for, and directed at, the public health sector, particularly at the (...) level. This is a state of affairs which is no longer tenable in the global environment. This article argues that public health promotion is a moral duty, and that international actors are key stakeholders upon whom this duty falls. In particular, the World Health Organization bears a heavy responsibility in this regard. The article claims that better health can and must be better promoted through a more robust interpretation of the WHO’s role, arguing that neither the WHO nor international law have yet played their necessary part in promoting health for all. (shrink)
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  22.  1
    Mustafa Shah (2016). The Case of Variae Lectiones in Classical Islamic Jurisprudence: Grammar and the Interpretation of Law. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 29 (2):285-311.
    The qirāʾāt or variae lectiones represent the vast corpus of Qurʾānic readings that were preserved through the historical processes associated with the textual codification and transmission of the Qurʾān. Despite the fact that differences among concomitant readings tend to be nominal, others betray semantic nuances that are brought into play within legal discourses. Both types of readings remain important sources for the history of the text of the Qur’ān and early Arabic grammatical thought. While some recent scholars have questioned the (...)
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  23.  1
    Mark Somos (2007). Secularization in De Iure Praedae: From Bible Criticism to International Law. Grotiana 26 (1):147-191.
    This article shows that the conspicuous and consistent idiosyncrasy of Grotius's Biblical interpretation is an important part of his revolutionary effort to secularize natural law. In De iure praedae and related works, Grotius systematically deployed a range of exegetical techniques in order to demonstrate that the Bible, like all texts, is open to multiple interpretations and susceptible to hijacking by rival agendas. This strategy aimed to render the Bible inadmissible as evidence in legal disputes and political legitimacy claims. The (...)
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  24. Shaheeza Lalani (forthcoming). Ascertaining Foreign Law: Problems of Access and Interpretation. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-16.
    This article, which analyses relevant cases that have already been the subject of academic commentary, examines some of the most commonly recurring problems in the proper ascertainment of foreign law. Drawing parallels to translation theories, the article examines best practices for foreign law experts and situational factors that sometimes result in the misapplication of foreign law.
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  25. David Lefkowitz (2011). The Principle of Fairness and States’ Duty to Obey International Law. Canadian Journal of Law and Jurisprudence 24 (2):327-346.
    I employ the principle of fairness to argue that many existing states have a moral duty to obey international law simply in virtue of its status as law. On this voluntarist interpretation of the principle of fairness, agents must accept the benefits of a cooperative scheme in order to acquire an obligation to contribute to that scheme’s operation. I contend that states can accept the benefits international law provides, and that only if they do so do states (...)
     
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  26. Christian Reus-Smit (2014). International Law and the Mediation of Culture. Ethics and International Affairs 28 (1):65-82.
    When international relations scholars think about international law they either ignore culture or offer highly deterministic accounts of its role. For the majority of scholars, international law is a rational construction, an institutional solution to the problem of order in an anarchical system, a body of rules and practices that reflect the contending interests and capabilities of major states. Issues of culture barely rate a mention. For others, culture is the deep foundation of international law, (...)
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  27. Inga Daukšienė (2012). Recognition of Jurisdiction of the Court of Justice of the European Union in International Courts. Jurisprudence 19 (2):459-475.
    From the point of the EU law, the CJEU has the exclusive competence to interpret the EU legal norms and decide upon validity of the legal acts adopted by the EU institutions because it is the most effective method to ensure the unilateral interpretation of the EU law and to prevent its fragmentation. Thus, it can be presumed that all disputes between the Member States regarding the EU law must be solved by the CJEU. The paper aims at finding (...)
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  28.  3
    Claus Kreß (2015). Revitalised Early Christian Just War Thinking and International Law: Some Observations on Nigel Biggar’s In Defence of War. Studies in Christian Ethics 28 (3):305-315.
    In light of the well-established international legal principle of non-use of force in international relations, Nigel Biggar’s In Defence of War may give rise to concern in the academy of international lawyers. But the gap between the book’s conclusions and the current international law on the use of force turns out to be less significant upon closer inspection than at first sight. This essay reviews Biggar’s concept of ‘just war as punishment’, his view on the legal (...)
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  29.  4
    Jan Wouters (2005). Perspectives for International Law in the Twenty-First Century: Chaos or a World Legal Order. Ethical Perspectives 7 (1):17-23.
    In our increasingly interactive and interdependent world, we are confronted almost daily with issues in international law: think, for instance, of the recent Pinochet and Öcalan cases, the crises in Iraq, Kosovo and East Timor, or the banana and hormone disputes in the WTO. Add to this continual reports about the activities of international organizations, from the UN to the European Union, and it becomes clear that international law is the order of the day. Whoever follows these (...)
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  30.  2
    Mario G. Losano (2015). Kelsen's Theory on International Law During His Exile in Geneva. Ratio Juris 28 (4):470-485.
    Kelsen's monistic theory of international law was shaped during his exile in Geneva, but its deep roots are to be found in his Pure Theory of Law, centred on the neo-Kantian notion of “system.” According to this conception, a legal system can only descend from a single principle. Consequently, Kelsen constructed a monistic theory of law, i.e., a legal system incorporating all norms into a pyramidal structure culminating in a single principle: the fundamental norm. This Kelsenian pyramid must also (...)
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  31.  4
    Jan Wouters (2000). Perspectives for International Law in the Twenty-First Century. Ethical Perspectives 7 (1):17-23.
    In our increasingly interactive and interdependent world, we are confronted almost daily with issues in international law: think, for instance, of the recent Pinochet and Öcalan cases, the crises in Iraq, Kosovo and East Timor, or the banana and hormone disputes in the WTO. Add to this continual reports about the activities of international organizations, from the UN to the European Union, and it becomes clear that international law is the order of the day. Whoever follows these (...)
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  32. David Ingram (2014). Pluralizing Constitutional Review in International Law: A Critical Theory Approach. Revista Portuguesa de Filosofia 70 (2-3):261-286.
    Resumo O autor defende uma descrição normativa fraca do constitucionalismo internacional à luz de dois factos: a contínua relevância da soberania do Estado face à hegemonia de superpotências e a necessidade imperiosa de um regime supranacional eficaz de direitos humanos. Ao defender uma institucionalização constitucional de direitos humanos, que inclui aspectos de justiça processual e material, mostra-se que, como nos casos domésticos, tal institucionalização pode e, talvez deva, incorporar um procedimento de controlo judicial que ascende ao nível de controlo constitucional. (...)
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  33.  5
    Amanda Russell Beattie (2013). 'Only in the Leap From the Lion's Head Will He Prove His Worth': Natural Law and International Relations. Journal of International Political Theory 9 (1):22-42.
    This article argues the benefits of including a theological interpretation of natural law morality within the normative discourses of international politics. It challenges the assumption of a Grotian secular natural law arguing that practical reason, in a Thomist interpretation, is better suited to the demands of international political theory. It engages with themes of agency, practical reason, and community in order to enhance the content of the post-territorial community evidenced in ethical cosmopolitan debates. Likewise, it envisions (...)
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  34.  3
    Marek Zirk-Sadowski (2012). Interpretation of Law and Judges Communities. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 25 (4):473-487.
    The principle of omnia sunt interpretanda refers to the derivational conception and derivational theory of interpretation. The principle appears in disputes concerning the role of a judge in the process of interpretation, and this has produced an effect that Polish theory of law is currently getting closer to the conceptions presented in the American debate on activism and textualism. In the practice of jurisdiction, the principle of omnia sunt interpretanda is mostly invoked outside theoretical context. It becomes a (...)
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  35. Allen E. Buchanan (2004). Justice, Legitimacy, and Self-Determination: Moral Foundations for International Law. Oxford University Press.
    This book articulates a systematic vision of an international legal system grounded in the commitment to justice for all persons. It provides a probing exploration of the moral issues involved in disputes about secession, ethno-national conflict, "the right of self-determination of peoples," human rights, and the legitimacy of the international legal system itself. Buchanan advances vigorous criticisms of the central dogmas of international relations and international law, arguing that the international legal system should make justice, (...)
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  36.  7
    Ronald Dworkin (1982). Law as Interpretation. Critical Inquiry 9 (1):179-200.
    The puzzle arises because propositions of law seem to be descriptive—they are about how things are in the law, not about how they should be—and yet it has proved extremely difficult to say exactly what it is that they describe. Legal positivists believe that propositions of law are indeed wholly descriptive: they are in fact pieces of history. A proposition of law in their view, is true just in case some event of a designated law-making kind has taken place, and (...)
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  37.  16
    H. Kim (2015). A Stability Interpretation of Rawls's The Law of Peoples. Political Theory 43 (4):473-499.
    In this essay, I propose an interpretation of John Rawls’s The Law of Peoples that puts the stability of liberal societies as the central organizing idea of its principles. I start by critically examining other interpretations currently found in the literature. I observe two characteristics of Rawls’s conception of stability from his political turn: stability for the right reasons and in the right way. In the main body of the essay, I argue that the absence of a global egalitarian (...)
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  38. Larry May (2013). Limiting Leviathan: Hobbes on Law and International Affairs. Oxford University Press Uk.
    Thomas Hobbes wrote extensively about law and was strongly influenced by developments and debates among lawyers of his day; he is considered by many commentators to be one of the first legal positivists. Yet there is no book in English that focuses on Hobbes's legal philosophy. Larry May seeks to fill the gap in the literature by addressing Hobbes's legal philosophy directly, and comparing Leviathan to the Dialogue, as he offers a new interpretation of Hobbes's views about the connections (...)
     
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  39. Kent Greenawalt (2010). Comparative Legal Interpretation. Oxford University Press.
    Introduction: dimensions of inquiry -- Speaker intent and convention; linguistic meaning and pragmatics; Vagueness and indeterminacy: three topics in the philosophy of language -- Literary interpretation, performance art, and related subjects -- Religious interpretation -- General theories of interpretation -- Starting from the bottom: informal instructions -- The law of agency -- Wills -- Contracts -- Judicial alterations of textual provisions: Cy Pres and relatives -- Conclusion and a comparison.
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  40.  16
    Kent Greenawalt (2010). Legal Interpretation: Perspectives From Other Disciplines and Private Texts. Oxford University Press.
    Introduction: dimensions of inquiry -- Speaker intent and convention; linguistic meaning and pragmatics; Vagueness and indeterminacy: three topics in the philosophy of language -- Literary interpretation, performance art, and related subjects -- Religious interpretation -- General theories of interpretation -- Starting from the bottom: informal instructions -- The law of agency -- Wills -- Contracts -- Judicial alterations of textual provisions: Cy Pres and relatives -- Conclusion and a comparison.
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  41.  1
    Veronika Fikfak & Benedict Burnett (2009). Domestic Courts' Reading of International Norms: A Semiotic Analysis. [REVIEW] International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 22 (4):437-450.
    This article focuses on a number of cases in international law in which US domestic courts have produced judgments that conflict with those given by the International Court of Justice. The nature of these courts’ judgments has been extremely closely tied to the interpretation given by the US national Executive to a certain international norm. This situation raises a number of questions, which can be broadly categorized into two spheres: the legal (regarding the overall legality of (...)
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  42.  25
    Matthew Lister (2011). The Legitimating Role of Consent in International Law. Chicago Journal of International Law 11 (2).
    According to many traditional accounts, one important difference between international and domestic law is that international law depends on the consent of the relevant parties (states) in a way that domestic law does not. In recent years this traditional account has been attacked both by philosophers such as Allen Buchanan and by lawyers and legal scholars working on international law. It is now safe to say that the view that consent plays an important foundational role in (...) law is a contested one, perhaps even a minority position, among lawyers and philosophers. In this paper I defend a limited but important role for actual consent in legitimating international law. While actual consent is not necessary for justifying the enforcement of jus cogens norms, at least when they are narrowly understood, this leaves much of international law unaccounted for. By drawing on a Lockean social contract account, I show how, given the ways that international cooperation is different from cooperation in the domestic sphere, actual consent is both a possible and an appropriate legitimating device for much of international law. (shrink)
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  43.  4
    Jacqueline Mowbray (2011). Linguistic Justice in International Law: An Evaluation of the Discursive Framework. [REVIEW] International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 24 (1):79-95.
    Claims by minority groups to use their own languages in different social contexts are often presented as claims for “linguistic justice”, that is, justice as between speakers of different languages. This article considers how the language of international law can be used to advance such claims, by exploring how international law, as a discourse, approaches questions of language policy. This analysis reveals that international legal texts structure their engagement with “linguistic justice” around two key concepts: equality and (...)
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  44.  50
    Timothy Andrew Orville Endicott (2000). Vagueness in Law. Oxford University Press.
    Vagueness in law can lead to indeterminacies in legal rights and obligations. This book responds to the challenges that those indeterminacies pose to theories of law and adjudication.
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  45. Heather M. Smith (2011). Sex Trafficking: Trends, Challenges, and the Limitations of International Law. [REVIEW] Human Rights Review 12 (3):271-286.
    The passage of the UN Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children in 2000 marked the first global effort to address human trafficking in 50 years. Since the passage of the UN Protocol international organizations, non-governmental organizations, and individual states have devoted significant resources to eliminating human trafficking. This article critically examines the impact of these efforts with reference to the trends, political, and empirical challenges in data collection and the limitations of (...) law. I argue that current international law disproportionately addresses the criminal prosecution of traffickers at the expense of trafficking victims’ human rights, and has therefore not yet reached its full potential in the fight against human sex trafficking. (shrink)
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  46.  4
    Leo Katz (2011). Why the Law is so Perverse. University of Chicago Press.
    Why does the law spurn win-win transactions? -- Things we can't consent to, though no one knows why -- A parable -- Lessons -- The social choice connection -- Why is the law so full of loopholes? -- The irresistible wrong answer -- What is wrong with the irresistible answer? -- The voting analogy -- Turning the analogy into an identity -- Intentional fouls -- Why is the law so either/or? -- The proverbial rigidity of the law -- Line drawing (...)
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  47. Anthony Reeves (2014). The Binding Force of Nascent Norms of International Law. Canadian Journal of Law and Jurisprudence 28 (1):145-166.
    Demonstrating that a developing norm is not yet well established in international law is frequently thought to show that states are not bound by the norm as law. More precisely, showing that a purported international legal norm has only limited support from well-established international legal sources is normally seen as sufficient to rebut an obligation on the part of subjects to comply with the norm in virtue of its legal status. I contend that this (...)
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  48.  19
    Grant Huscroft & Bradley W. Miller (eds.) (2011). The Challenge of Originalism: Theories of Constitutional Interpretation. Cambridge University Press.
    The essays in this volume, which includes contributions from the flag bearers of several competing schools of constitutional interpretation, provides an ...
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  49. Susanna Lindroos-Hovinheimo (2012). Justice and the Ethics of Legal Interpretation. Routledge.
    The shared nature of language -- Derrida on language and meaning -- Reading the law : hermeneutics and deconstruction -- The ethics of language -- Uncertain justice.
     
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  50.  10
    Max Travers (2010). Understanding Law and Society. Routledge.
    Classical thinkers -- The consensus tradition -- Critical perspectives -- Feminism and law -- The interpretive tradition -- Postmodernism and difference -- Legal pluralism and globalisation.
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