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  1. added 2019-08-10
    The New “Regulations Lab” in the UAE: The Way Forward.Bashar H. Malkawi - 2019 - Law and Philosophy 1.
    In this context, the UAE enacted federal law authorizing the UAE Cabinet to grant temporary licenses for testing innovations that use future technologies and its applications such as Artificial Intelligence. The law aims at providing a safe test environment for legislation that meet the technological revolution. This is done in collaboration with “Regulations Lab” that was set up in January 2019 in Dubai Future Foundation.
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  2. added 2019-07-18
    The Limits of Liberal Inclusivity: How Defining Islamophobia Normalises Anti-Muslim Racism.Rebecca Ruth Gould - forthcoming - Journal of Law and Religion.
    Responding to recent calls made within UK Parliament for a government-backed definition of Islamophobia, this article considers the unanticipated consequences of such proposals. I argue that, considered in the context of related efforts to regulate hate speech, the formulation and implementation of a government-sponsored definition will generate unforeseen harms for the Muslim community. To the extent that such a definition will fail to address the government’s role in propagating Islamophobia through ill-considered legislation that conflates Islamist discourse with hate speech, the (...)
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  3. added 2019-06-08
    Jordan Imports and Tariff Regimes: A Revisit.Bashar H. Malkawi - 2019 - Global Trade and Customs Journal 14:308-318.
    Jordan made substantial market access commitments as part of its WTO membership negotiations. Jordan has low average tariffs with single or two digits rate and ad valorem-only duties with some exceptions where specific duties apply. Customs standards in Jordan were streamlined in accordance with WTO rules. Jordan confirmed in its accession to the WTO that free zones or export processing zones would be fully subject to the coverage of the commitments taken in the protocol of accession. The purpose of this (...)
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  4. added 2019-06-07
    شرح أحكام الأوراق التجارية وفق قانون المعاملات التجارية الاتحادي الإماراتي الأستاذ الدكتور بشار ملكاوي والدكتور عماد الدين عبد الحي والدكتور مظفر الراوي.Bashar H. Malkawi - 2017 - Journal of Philosophy 32:1-270.
    يهدف الكتاب إلى دراسة أحكام الاوراق التجارية وفق قانون المعاملات التجارية الاتحادي الإماراتي.
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  5. added 2019-06-06
    Law Is the Command of the Sovereign: H. L. A. Hart Reconsidered.Andrew Stumpff Morrison - 2016 - Ratio Juris 29 (3):364-384.
    This article presents a critical reevaluation of the thesis—closely associated with H. L. A. Hart, and central to the views of most recent legal philosophers—that the idea of state coercion is not logically essential to the definition of law. The author argues that even laws governing contracts must ultimately be understood as “commands of the sovereign, backed by force.” This follows in part from recognition that the “sovereign,” defined rigorously, at the highest level of abstraction, is that person or entity (...)
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  6. added 2019-06-06
    Cómo Legislar con Sabiduría y Elocuencia. El Arte de Legislkar Reconstruido a Partir de la Tradición Retórica.Luis Alberto Marchili - 2009 - Editorial Dunken.
    El arte de legislar, que se había perdido, renace en este libro a partir de la tradición clásica, que concibe a las leyes como discursos sabios y elocuentes y a la retórica como su base metódica reconocida durante casi dos mil quinientos años, de manera tal, que el retorno a la antigua retórica será un progreso para el verdadero arte de legislar.
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  7. added 2019-05-14
    Dispute Settlement in EU Association Agreements with Arab Countries.Bashar H. Malkawi - 2019 - Nexus - Chapman's Journal of Law & Policy 45:1-12.
    The dispute settlement mechanism in FTAs is necessary as they provide means to settle disagreements on interpretation or compliance with treaty obligations. The dispute settlement mechanism help ease tensions among FTA parties and maintain healthy relationships among trading partners. Bashar H. Malkawi.
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  8. added 2019-05-09
    The New UAE Company Law.Bashar H. Malkawi - 2018 - Georgetown Journal of Law and Public Policy 13:1-5.
    The purpose of the paper is to examine key provisions in the UAE company law.
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  9. added 2019-04-27
    Termination of International Sale Contract.Bashar H. Malkawi - 2019 - Law and Philosophy:1-23.
    Termination in international contracts is considered a harsh sanction that harms international trade for each breach of contract or its provisions. The interest of international trade is fulfilled in maintaining and completing performance of contract, even if with a breach rectifiable by remedy. The termination destroys the contract and results in returning goods after their dispatch in addition to the accompanying new freight and insurance expenses and administrative and health procedures necessary for the entry and exit of goods and to (...)
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  10. added 2019-04-12
    Property and the Interests of Things: The Case of the Donative Trust.Johanna Jacques - 2019 - Law and Critique 30 (2):201-220.
    Within a liberal, ‘law of things’ understanding of property, the donative trust is seen as a species of gift. Control over trust property passes from the hands of settlors to beneficiaries, from owners to owners. Trust property, like all other property, is silent and passive, its fate determined by its owners. This article questions this understanding of the trust by showing how beneath the facade of ownership, the trust inverts the relation between owner and owned, person and thing. It analyses (...)
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  11. added 2019-04-04
    Evaluating the Legality of Age-Based Criteria in Health Care: From Nondiscrimination and Discretion to Distributive Justice.Govind Persad - 2019 - Boston College Law Review 60 (3):889-949.
    Recent disputes over whether older people should pay more for health insurance, or receive lower priority for transplantable organs, highlight broader disagreements regarding the legality of using age-based criteria in health care. These debates will likely intensify given the changing age structure of the American population and the turmoil surrounding the financing of American health care. This Article provides a comprehensive examination of the legality and normative desirability of age-based criteria. I defend a distributive justice approach to age-based criteria and (...)
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  12. added 2019-03-21
    Aperçu succinct sur l'origine de l'acte abstrait.Moussa Rezig - manuscript
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  13. added 2019-02-26
    Conference on Corporate Governance: Search for the Advanced Practices.Bashar H. Malkawi - 2019 - Conference Proceedings 3.
    The purpose of the article is to examine the role of the board of directors in corporate law in Jordan.
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  14. added 2019-02-26
    The Design and Operation of Rules of Origin in Greater Arab Free Trade Area: Challenges of Implementation and Reform.Bashar H. Malkawi - 2019 - Journal of World Trade 53 (2):243–272.
    Rules of origin (ROO) are pivotal element of the Greater Arab Free Trade Area (GAFTA). ROO are basically established to ensure that only eligible products receive preferential tariff treatment. Taking into consideration the profound implications of ROO for enhancing trade flows and facilitating the success of regional integration, this article sheds light on the way that ROO in GAFTA are designed and implemented. Moreover, the article examines the extent to which ROO still represents an obstacle to the full implementation of (...)
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  15. added 2019-02-24
    Common-Sense Causation in the Law.Andrew Summers - 2018 - Oxford Journal of Legal Studies 38 (4):793-821.
    Judges often invoke ‘common sense’ when deciding questions of legal causation. I draw on empirical evidence to refine the common-sense theory of legal causation developed by Hart and Honoré in Causation in the Law. I show that the two main common-sense principles that Hart and Honoré identified are empirically well founded; I also show how experimental research into causal selection can be used to specify these principles with greater precision than before. This exploratory approach can provide legal scholars with a (...)
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  16. 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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  17. 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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  18. 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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  19. 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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  20. 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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  21. 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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  22. 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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  23. 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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  24. 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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  25. 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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  26. 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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  27. 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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  28. 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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  29. 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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  30. 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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  31. 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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  32. 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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  33. 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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  34. 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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  35. 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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  36. added 2018-05-24
    Research Handbook on Legal Pluralism and EU Law.Gareth Davies & Matej Avbelj (eds.) - 2018 - Edward Elgar.
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  37. 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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  38. 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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  39. added 2018-05-08
    Philanthropy in Democratic Societies.Rob Reich, Chiara Cordelli & Lucy Bernholz (eds.) - 2016 - Chicago, USA: The University of Chicago Press.
  40. 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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  41. 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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  42. 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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  43. 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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  44. 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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  45. 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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  46. 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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  47. 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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  48. 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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  49. 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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  50. 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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