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1 — 50 / 186
  1. added 2019-02-09
    Unlocking Legal Validity: Some Remarks on the Artificial Ontology of Law.Paolo Sandro - 2018 - In Anne Mackor, Stephan Kirste, Jaap Hage & Pauline Westerman (eds.), Legal Validity and Soft Law. Springer Verlag.
    Following Kelsen’s influential theory of law, the concept of validity has been used in the literature to refer to different properties of law (such as existence, membership, bindingness, and more), and so it is inherently ambiguous. More importantly, Kelsen’s equivalence between the existence and the validity of law prevents us from accounting satisfactorily for relevant aspects of our current legal practices, such as the phenomenon of “unlawful law.” This chapter addresses this ambiguity to argue that the most important function of (...)
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  2. added 2019-01-17
    Realism and Jurisprudence a Contemporary Assessment, A Book Review of Brian Z. Tamanaha's A Realistic Theory of Law. [REVIEW]Kevin Lee - forthcoming - Golden Gate University Law Review.
    Brian Z. Tamanaha has written extensively on realism in jurisprudence, but in his Realistic Theory of Law (2018), he uses "realism" in a commonplace way to ground a rough outline of legal history. While he refers to his method as genealogical, he does not acknowledge the complex tensions in the development of the philosophical use of that term from Nietzsche to Foucault, and the complex epistemological issues that separate them. While the book makes many interesting points, the methodological concerns outweigh (...)
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  3. added 2018-12-24
    Digitalization of International Trade.Bashar H. Malkawi - 2019 - Journal of Law and Technology 23.
    The question this article addresses is how the WTO supports and deals with digital trade. The article then analyzes how existing WTO agreements have dealt with digital trade. The article also addresses recent trade agreements particularly the USMCA.
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  4. added 2018-12-13
    Reforming Rules of Origin in Greater Arab Free Trade Area for Effective Economic Integration.Bashar H. Malkawi - 2017 - Economic Research Policy Forum Brief 29:1-7.
    Free trade agreements are about reducing tariffs, market access in services, protection of intellectual property rights, streamlining customs procedures, trade remedy measures, and dispute settlement mechanism. Equally important if not even more important than these provisions is the designation of rules of origin. Many benefits can be lost if restrictive rules of origin are incorporated. Rules of origin are supposed to be straightforward and easy-to-follow methods used to determine origin of imported goods. The policy question that arises is how to (...)
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  5. added 2018-12-13
    Internet Characteristics and Online Alternative Dispute Resolution.Bashar H. Malkawi - 2008 - Harvard Negotiation Law Review 13:327-348.
    Electronic commerce is important, and perhaps, inevitable. Thus, to consider the legal implications of the growth and development of electronic commerce is essential. However, the lack of suitable dispute resolution mechanisms in cyberspace will constitute a serious obstacle to the further development of electronic commerce. Bearing this in mind, this thesis argues that when Alternative Dispute Resolution (ADR) moves to cyberspace, particularly arbitration and mediation as the main types of ADR, the form of Online Alternative Dispute Resolution (OADR) can maximize (...)
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  6. added 2018-12-11
    Islamic Law and Free Trade: Compatibility and Convergence.Bashar H. Malkawi - 2006 - Journal of Islamic State Practices in International Law 2:37-54.
    The purpose of the paper is to examine free trade in Islamic law.
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  7. added 2018-12-10
    Bashar H. Malkawi, Regional Agreements and Regulatory Barriers to Trade in Services: Building Blocks to the Multilateral Foundation.Bashar H. Malkawi - 2019 - Journal of Business Law 34:251-265.
    Jordan agreed to extensive liberalization undertakings under the General Agreement on Trade in Services (“GATS”) that would open some sectors that were previously closed or restricted to foreign suppliers and investors. It undertook horizontal commitments in cross-border movement of individuals and commercial presence covering all types of services.
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  8. added 2018-12-10
    The Feasibility of Alternative Dispute Resolution to Resolve Intellectual Property Disputes in Jordan.Bashar H. Malkawi - 2013 - Journal of Intellectual Property Law and Practice 8:146-153.
    The purpose of this article is to examine the feasibility and working of the conciliatory means for settlement of intellectual property disputes in Jordan. Arbitration is the principal mechanism used.
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  9. added 2018-12-09
    Reflection on Exclusivity and Termination of Commercial Agency in Jordan: TheIntertwining of Domestic Regulation and International Trade Law.Bashar H. Malkawi - 2019 - Estey Journal of International Law and Trade Policy 19 (2).
    Any foreign manufacturer desiring to market its products in Jordan has several courses open to it. The foreign manufacturer could establish a branch or wholly-owned subsidiary in Jordan or enter into a licensing or joint venture agreement with a company doing business in Jordan. If it wants a less significant presence, however, it is left with the alternative of having a local commercial agent market and sells its products. -/- The purpose of this article is to study certain aspects-exclusivity and (...)
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  10. added 2018-12-08
    Book Review of "David A. Gantz, Liberalizing International Trade After Doha: Multilateral, Plurilateral, Regional, and Unilateral Initiatives ". [REVIEW]Bashar H. Malkawi - 2015 - Law and Development Review 8:235-236.
    The book, providing a broad analysis of trade liberalization initiatives from the inception of the World Trade Organization (WTO) to 2013, is essential reading for trade lawyers, researchers, and students alike who are interested in getting a glimpse of the future directions for trade liberalization. The book attempts to ask and answer the following key question: What are the alternatives to trade liberalization in the WTO system?
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  11. added 2018-12-08
    Equality of Arms in the Digital Age.Bashar H. Malkawi, Haitham Haloush & Basem Melhem - 2008 - Macquarie Journal of Business Law 5:73-85.
    Electronic commerce is important, and perhaps, inevitable. Thus to consider the legal implications of the growth and development of electronic commerce is essential. However, the lack of suitable dispute resolution mechanisms in cyberspace will constitute a serious obstacle to the further development of electronic commerce. Bearing this in mind, this paper argues that when Alternative Dispute Resolution (ADR) moves to cyberspace, particularly arbitration and mediation as the main types of ADR, the form of online alternative dispute resolution (OADR) can maximise (...)
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  12. added 2018-12-08
    Haitham Haloush and Bashar H. Malkawi, Internet Characteristics and Online Alternative Dispute Resolution.Bashar H. Malkawi & Haitham A. Haloush - 2008 - Harvard Negotiation Law Review 13:327-348.
    Electronic commerce is important, and perhaps, inevitable. Thus, to consider the legal implications of the growth and development of electronic commerce is essential. However, the lack of suitable dispute resolution mechanisms in cyberspace will constitute a serious obstacle to the further development of electronic commerce. Bearing this in mind, this thesis argues that when Alternative Dispute Resolution (ADR) moves to cyberspace, particularly arbitration and mediation as the main types of ADR, the form of Online Alternative Dispute Resolution (OADR) can maximize (...)
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  13. added 2018-12-07
    The Case of Income Tax Evasion in Jordan: Symptoms and Solutions.Bashar H. Malkawi & Haitham Haloush - 2008 - Journal of Financial Crime 15:282-294.
    The purpose of this paper is to examine income tax evasion in Jordan and set forth various cures for this problem.
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  14. added 2018-12-07
    The Intellectual Property Provisions of the United States-Jordan Free Trade Agreement: Template or Not Template.Bashar H. Malkawi - 2006 - Journal of World Intellectual Property 9:213-229.
    The objective of this article is to examine the implications of the intellectual property provisions in the US–Jordan Free Trade Agreement (US–JO FTA) and whether they serve as a template for other Arab countries who will be concluding free trade agreements with the USA. My claim in this article is that the intellectual property part of the US–JO FTA goes beyond the World Trade Organization Agreement and cannot form the right template for the proposed US–Middle East FTA of 2013. The (...)
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  15. added 2018-12-04
    O Nominalismo E A Declaração Universal Dos Direitos Humanos: Genealogia Da Generalização De Valores Dos Direitos Humanos.Bráulio Marques Rodrigues - 2017 - Dissertation, CESUPA, Brazil
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  16. added 2018-10-02
    Make It New! The Redeeming Modernism of Law and the Collapsing of its Polarities.Angela Condello & Luke Mason - forthcoming - Pólemos.
    This article argues that law is an inherently modernist normative practice. Constructing a vision of Modernism which is at once an epistemology and an attitudinal disposition to doubt and make anew our assumptions about the world, the authors demonstrate that legal practice encounters the world through individual cases, ‘examples’. Through these examples the law is capable of both interacting with and comprehending that world, while also being forced to question the law’s own precepts and their application. In this manner, the (...)
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  17. added 2018-07-29
    O Processo Constitucional e a Legitimidade Democrática dos atos Legislativos e Jurisdicionais.Lorena Machado Rogedo Bastianetto & Ronaldo Brêtas de Carvalho Dias - 2018 - Escritos Sobre Direito, Cidadania E Processo: Discursos E Práticas (Volume 1).
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  18. added 2018-07-27
    Ideation and Appropriation: Wittgenstein on Intellectual Property.Julian Friedland - 2001 - Law and Critique 12 (2).
    This paper provides a critique of the contemporary notion of intellectual property based on the consequences of Wittgenstein's “private language argument”. The reticence commonly felt toward recent applications of patent law, e.g., sports moves, is held to expose erroneous metaphysical assumptions inherent in the spirit of current IP legislation. It is argued that the modern conception of intellectual property as a kind of natural right, stems from the mistaken internalist or Augustinian picture of language that Wittgenstein attempted to diffuse. This (...)
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  19. added 2018-06-02
    Does the Prisoner's Dilemma Refute the Coase Theorem?Enrique Guerra-Pujol & Orlando I. Martinez-Garcia - 2015 - The John Marshall Law School Law Review (Chicago) 47 (4):1289-1318.
    Two of the most important ideas in the philosophy of law are the “Coase Theorem” and the “Prisoner’s Dilemma.” In this paper, the authors explore the relation between these two influential models through a creative thought-experiment. Specifically, the paper presents a pure Coasean version of the Prisoner’s Dilemma, one in which property rights are well-defined and transactions costs are zero (i.e. the prisoners are allowed to openly communicate and bargain with each other), in order to test the truth value of (...)
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  20. added 2018-06-02
    Visualizing Probabilistic Proof.Enrique Guerra-Pujol - 2014 - Washington University Jurisprudence Review 7 (1):39-75.
    The author revisits the Blue Bus Problem, a famous thought-experiment in law involving probabilistic proof, and presents simple Bayesian solutions to different versions of the blue bus problem. In addition, the author expresses his solutions in standard and visual formats, i.e. in terms of probabilities and natural frequencies.
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  21. added 2018-05-30
    Interpretation as Statecraft: Chancellor Kent and the Collaborative Era of American Statutory Interpretation.Farah Peterson - 2018 - Maryland Law Review 77 (3).
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  22. added 2018-05-24
    Claim-Making and Parallel Universes: The Legal Pluralism of Church, State and Empire in Europe.Poul F. Kjaer - 2018 - In Gareth Davies & Matej Avbelj (eds.), Research Handbook on Legal Pluralism and EU Law. Cheltenham: Edward Elgar. pp. 11 - 21.
    When Neil MacCormick, in the wake of the launch of the Maastricht Treaty on European Union, went “beyond the Sovereign State” in 1993, he fundamentally challenged the heretofore dominant paradigm of legal ordering in the European context which considered law to be singular, unified and confined within sovereign nation states. The original insight of MacCormick might, however, be pushed even further, as a historical re-construction reveals that legal pluralism is not only a trademark of recent historical times, marked by the (...)
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  23. added 2018-05-24
    Research Handbook on Legal Pluralism and EU Law.Gareth Davies & Matej Avbelj (eds.) - 2018 - Edward Elgar.
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  24. added 2018-05-22
    The Necessity and Possibility of the Use of the Principle of Generic Consistency by the UK Courts to Answer the Fundamental Questions of Convention Rights Interpretation.Benedict Douglas - 2012 - Dissertation, Durham University
    This thesis seeks to engage with and give answers to the fundamental question of rights interpretation confronting the British judiciary under the Human Rights Act 1998. As a premise, it recognises that the textual openness and consequential semantic uncertainty of the requirements of the Convention rights necessitates their interpretation. In determining the approach the courts should apply, this thesis takes as its structural foundation an analysis of the current approach of the domestic courts and the European Court of Human Rights (...)
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  25. added 2018-05-08
    Philanthropy in Democratic Societies.Rob Reich, Chiara Cordelli & Lucy Bernholz (eds.) - 2016 - Chicago, USA: The University of Chicago Press.
  26. added 2018-03-22
    Temas Criminais a Ciência do Direito Penal em Discussão.Denis Sampaio & Orlando Faccini Neto - 2018 - Porto Alegre, Brazil: Livraria do Advogado Editora.
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  27. added 2018-03-22
    Confiança e Contradição: A Proibição do Comportamento Contraditório no Direito Privado.Felix Marcio Jobim - 2018 - Porto Alegre, Brazil: Livraria do Advogado Editora.
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  28. added 2018-03-20
    Soft law e Topografica Giuridica.Francesco Cavinato - manuscript
    This brief essay would want to point out the soft-law as an useful device to study in deep the legal phenomenon by problematizing it into our current socio-economical reality. Then, it aims to consider this expression of special legal normativity in order to revaluate the role of interpreters in qualifying sources of Law.
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  29. added 2018-03-14
    Where Nothing Happened: The Experience of War Captivity and Levinas’s Concept of the ‘There Is’.Johanna Jacques - 2017 - Social and Legal Studies 26 (2):230-248.
    This article takes as its subject matter the juridico-political space of the prisoner of war (POW) camp. It sets out to determine the nature of this space by looking at the experience of war captivity by Jewish members of the Western forces in World War II, focusing on the experience of Emmanuel Levinas, who spent 5 years in German war captivity. On the basis of a historical analysis of the conditions in which Levinas spent his time in captivity, it argues (...)
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  30. added 2018-03-14
    Law, Decision, Necessity: Shifting the Burden of Responsibility.Johanna Jacques - 2016 - In Matilda Arvidssen, Leila Brännström & Panu Minkkinen (eds.), The Contemporary Relevance of Carl Schmitt: Law, Politics, Theology. Routledge. pp. 107-119.
    What does it mean to act politically? This paper contributes an answer to this question by looking at the role that necessity plays in the political theory of Carl Schmitt. It argues that necessity, whether in the form of existential danger or absolute values, does not affect the sovereign decision, which must be free from normative determinations if it is to be a decision in Schmitt’s sense at all. The paper then provides a reading of Schmitt in line with Weber’s (...)
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  31. added 2018-03-14
    From Nomos to Hegung: Sovereignty and the Laws of War in Schmitt’s International Order.Johanna Jacques - 2015 - The Modern Law Review 78 (3):411-430.
    Carl Schmitt's notion of nomos is commonly regarded as the international equivalent to the national sovereign's decision on the exception. But can concrete spatial order alone turn a constellation of forces into an international order? This article looks at Schmitt's work The Nomos of the Earth and proposes that it is the process of bracketing war called Hegung which takes the place of the sovereign in the international order Schmitt describes. Beginning from an analysis of nomos, the ordering function of (...)
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  32. added 2018-03-10
    In Search of Benevolent Capital: Part I.Gavin Keeney - 2018 - P2p Foundation.
    This two-part, semi-gothic literary essay seeks a provisional definition of “benevolent capital” and a working description of types of artistic and scholarly work that have no value for Capital as such. The paradox observed is that such works may actually appeal to a certain aspect of Capital, insofar as present-day capitalism has within it forms of pre-modern political economy that may actually save Capital from its mad rush toward self-immolation.
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  33. added 2018-03-10
    In Search of Benevolent Capitalism: Part II.Gavin Keeney - 2018 - P2p Foundation:NA.
    This two-part, semi-gothic literary essay seeks a provisional definition of “benevolent capital” and a working description of types of artistic and scholarly work that have no value for Capital as such. The paradox observed is that such works may actually appeal to a certain aspect of Capital, insofar as present-day capitalism has within it forms of pre-modern political economy that may actually save Capital from its mad rush toward self-immolation.
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  34. added 2018-02-17
    The Current State of Medical School Education in Bioethics, Health Law, and Health Economics.Govind C. Persad, Linden Elder, Laura Sedig, Leonardo Flores & Ezekiel J. Emanuel - 2008 - Journal of Law, Medicine and Ethics 36 (1):89-94.
    Current challenges in medical practice, research, and administration demand physicians who are familiar with bioethics, health law, and health economics. Curriculum directors at American Association of Medical Colleges-affiliated medical schools were sent confidential surveys requesting the number of required hours of the above subjects and the years in which they were taught, as well as instructor names. The number of relevant publications since 1990 for each named instructor was assessed by a PubMed search.In sum, teaching in all three subjects combined (...)
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  35. added 2018-02-01
    Avaliações Metafísicas Aristotélico-Tomistas sobre o Acesso à Justiça.Diogo Malgueiro Espindola - 2017 - Dissertation, PUC-SP, Brazil
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  36. added 2018-01-10
    Zum normativen Begriff der Volkssouveränität: Rechtsphilosophische und verfassungstheoretische Versuche der Legitimierung des politischen Handelns.Saulo de Matos - 2015 - Baden-Baden: Nomos.
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  37. added 2017-12-30
    A dignidade da pessoa humana na constituição federal de 1988: um valor (in) tangível?Faustino Matos Leite - 2014 - Anais Do V SEMINÁRIO Pensar Direitos Humanos.
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  38. added 2017-12-27
    Philanthropy in Democratic Societies.Reich Rob, Chiara Cordelli & Lucy Bernholz (eds.) - 2017 - Chicago: The University of Chicago Press.
    Philanthropy is everywhere. In 2013, in the United States alone, some $330 billion was recorded in giving, from large donations by the wealthy all the way down to informal giving circles. We tend to think of philanthropy as unequivocally good, but as the contributors to this book show, philanthropy is also an exercise of power. And like all forms of power, especially in a democratic society, it deserves scrutiny. Yet it rarely has been given serious attention. This book fills that (...)
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  39. added 2017-12-26
    Por um conceito hermenêutico de Direito: delimitação histórica do termo ‘hermenêutica’ e sua pertinência ao Direito.Saulo Martinho Monteiro de Matos & Victor Sales Pinheiro - 2016 - Revista Do Instituto de Hermenêutica Jurídica RIHJ 14 (20):169-194.
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  40. added 2017-12-26
    Encontros Fortuitos nas Escutas Telefônicas: notas sobre o acaso, os limites do direito e as vanidades normativas em Portugal e no Brasil.Orlando Faccini Neto - 2015 - Revista Do Ministério Público Do RS 78:129-172.
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  41. added 2017-12-01
    Dano Injusto como Pressuposto do dever de indenizar.Karinne Ansiliero Angelin - 2012 - Dissertation, University of São Paulo, Brazil
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  42. added 2017-11-20
    A Causalidade Jurídica na Apuração das Consequências Danosas na Responsabilidade Civil Extracontratual.Gabriel de Freitas Melro Magadan - 2016 - Dissertation, UFRGS, Brazil
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  43. added 2017-11-20
    Paradigmas Científicos Formadores do Direito Tributário Brasileiro: Proposta Para uma Ciência Prática Aplicável à Tributaçāo.Arthur Maria Ferreira Neto - 2015 - Dissertation, UFRGS, Brazil
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  44. added 2017-10-10
    The Bipolar Nature of Academic Publishing.Gavin Keeney - 2016 - IP Watch: Inside Views (May 5, 2016).
    Since the late twentieth-century shift from the liberal university to the neoliberal university (the latter distinguished by the managerial class installed to leverage and extract value from academic research, plus polish the brand of the franchise), the publications’ ecosystem for academics, foremost in the Arts and Humanities, has been altered beyond recognition. Notably, it has exponentially expanded while at the same time suffering maximum constriction in the form of what legal scholars have called the “great copyright robbery”.
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  45. added 2017-10-01
    The Court, FCC and Internet Policy: Partly With.Kiyoung Kim - 2017 - Beijing Law Review 8:373-396.
    The paper aims to explore the contour of internet regulation with a thread of Brand X , which navigates through constitutionalism, separation of powers, as well as business and economic or political implications enshrined behind it. An exemplary insight with the Korean case was adverted that could lead to the comparative perspective of internet law and regulation for the future research. The research was conducted by employing qualitative investigation, mainly relying on textual analysis and documentary examination. The outcome of research (...)
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  46. added 2017-09-26
    O CONCEITO JURÍDICO DE DIREITOS HUMANOS: UM DIÁLOGO COM MIREILLE DELMAS-MARTY.Laura Souza Lima E. Brito - 2015 - Dissertation, University of São Paulo, Brazil
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  47. added 2017-09-26
    DIREITOS HUMANOS E DEMOCRACIA À LUZ DAS CRÍTICAS AO LIBERALISMO DE CARL SCHMITT E DE CHANTAL MOUFFE.Daniel dos Santos Rodrigues - 2014 - Dissertation, Universidade Federal de Goiás, Brazil
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  48. added 2017-09-03
    OS DIREITOS HUMANOS EM CRISE NA ERA DO SUBJETIVISMO: FINITUDE E REMINISCÊNCIA COMO SOLUÇÃO NOMINALISTA AO PROBLEMA DOS UNIVERSAIS.Sandro Alex de Souza Simões & Bráulio Marques Rodrigues - 2017 - Quaestio Iuris 10 (3):1296-1315.
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  49. added 2017-08-20
    Ethics, Law and Social Justice.Kiyoung Kim - 2015 - SSRN.
    Ethics and responsibility would be a vexing or awesome topic that the contemporary citizen more likely wishes to avoid giving his or her views or opinions. That is perhaps because the society transforms rapidly and turns to become more diverse from the past decades. These concepts, on the other, comes not in the ancient or middle era classics, but from the near modern context in 18th England and French land. In dealing with the nature and relationship between the two concepts, (...)
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  50. added 2017-08-20
    Public Policy and Governance: Some Thoughts on Its Elements.Kiyoung Kim - 2015 - SSRN.
    As the word demos denotes, the democracy is generally considered as the rule or governance based on the general base of people in which monarchy or oligarchy form is excluded. We have a classical view about the four forms of government, which was proposed by Platonic concepts. Most idealistic form of government, in his prongs, could be found in Crete and Sparta, which was nevertheless not a democratic form. His accolade of these two nations, which, of course, would be a (...)
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1 — 50 / 186