Legal Theory Today A Sociology of Jurisprudence Legal Theory Today Founding Editor John Gardner‚ Professor of Jurisprudence‚ University College‚ Oxford TITLES IN THIS SERIES Law in its Own Right by Henrik Palmer Olsen and Stuart Toddington Law and Aesthetics by Adam Gearey Law as a Social Institution by Hamish Ross Evaluation and Legal Theory by Julie Dickson Risks and Legal Theory by Jenny Steele Forthcoming titles: Law after Modernity by Sionaidh Douglas-Scott Law and Ethics by John Tasioulas
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damage the freedom of the press‚ information and weaken the citizen’s ability to protect their rights. Both sides will be examined in detail by considering the bills of privacy right‚ The Harm Principle and the view points in Utilitarianism and Paternalism. Due to the change of the restriction on public access to company information‚ the public cannot see the details of corporate directors anymore which include their ID numbers and
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crucial. Whenever judicial law-making is unavoidable‚ it must be done subject to strict restrictions. Both HK and UK cases will be used in this article to support the analysis. Judicial Creativity Both Ronald Dworkin and William Blackstone denied the creative role of judges. Dworkin regards law as a “seamless web”: since legal principles deduced from precedents never run out‚ judges can simply apply them to the adjudicating case‚ and need not to use their discretion in making laws. Meanwhile
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and servitude . Indeed‚ we are denied the very possibility of virtue or vice! Taken within this context‚ we may consider Berlin’s thoughts on Kant in clearer light. “This gives a far wider than a purely rationalist sense to Kant’s remark that paternalism is despotic‚ not because it is more oppressive than naked‚ brutal‚ unenlightened tyranny‚ nor merely because it ignores the transcendental reason embodied in me‚ but because it is an insult to my conception of myself as a human being... (pp
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References: Flikschuh‚ K. (2007). Freedom: Contemporary Perspectives. Malden‚ MA: Polity Press.Chapter 1‚ "Isaiah Berlin: Two Concepts of Liberty?" Flikschuh‚ K. (2007). Freedom: Contemporary Perspectives. Malden‚ MA: Polity Press. Chapter 5‚ "Ronald Dworkin: Liberty as an Aspect of Equality" Hayak‚ Friedrich. (1978). The Constitution of Liberty. Chicago: University of Chicago Press. Zinn‚ Howard. (1991). Declarations of Independence: Cross-examining American ideology.Perennial.
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is some relation to a reality elsewhere constructed. It is a distortion‚ reflection‚ projection‚ expression‚ fantasy‚ representation‚ or symbol. It is sexual reality." In her article she mentions a book called Pornography: Men Possessing Women by Dworkins‚ which presents a theory that the gender is equal
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Slavery had a major impact on society in the 1800’s. Since the slaves were different in color‚ intellect‚ and origin‚ many individuals such as John C. Calhoun and George Fitzhugh‚ had no problem with treating blacks like property. However‚ with religious‚ political‚ and general arguments‚ others like Theodore D. Weld and Henry David Thoreau‚ felt that slavery was downright unacceptable and inhumane. This subject was a key argument in many debates‚ which have shaped the way our society is run. Southern
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The policies protectionism and paternalism had a major impact on the freedoms and rights of indigenous people. The major impact was the government controlling the aboriginal’s way of life. Protectionism meant that aboriginals were removed from contact with the white Australians‚ and they were required to live in reservations or in missions with restrictions on their movement and their way of life. The other policy paternalism was about white Europeans acting in a fatherly way to the indigenous people
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traditions? Section 2: Case Study Imperialism: Nigeria paternalism assimilation Menelik II For each term or name‚ identify/define and explain the significance: Answer the following questions: 1. What idea is the policy of assimilation based on? 2. Why were African resistance movements usually unsuccessful? 3. How did colonial rule cause a breakdown in traditional African culture? 4. How as the policy of paternalism like Social Darwinism? Section 3: Europeans Claim Muslim
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Ethics and Economics Dr. Wight 12/12/13 Tobacco: The Ethical Regulation of an American Symbol Tobacco has been a staple of the American economy since the early days of colonial Virginia when it because the young country’s first cash crop. As the nation expanded‚ so too did tobacco’s prominence and it joined cotton as the primary export of the southern United States‚ playing a critical role in solidifying our economic stability and prosperity. However‚ in the 20th century‚ with technological advances
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