1,721,288 research outputs found
Legislative sovereignty: Moving from jurisprudence towards metaphysics
No full textLegislative sovereignty is often discussed with one eye on the past and one eye on the procedural functions of law-making in the present. This limits the scope for a conceptual understanding of legislative sovereignty and hinders its theoretical progress. This article argues that legislative sovereignty contains within it the concept of an idol and that understanding the scope and impact of the idol of sovereignty is necessary for future development in this field. Theories from Kant, Nietzsche, von Mises and Derrida are used to offer a divergent critique of legislative sovereignty while the author calls for a move towards a nuanced view of legislative and Parliamentary Sovereignty to account for its idolism. The key factor preventing the development of a truly nuanced and reflective theory of sovereignty is the devotion to former idols which are inoperable and inconsistent with modern geopolitical, inter-state relationships. The author also argues that our knowledge of sovereignty is synthetic a priori and that development in this area can only be by reason, as knowledge derived experientially is subject to the Kantian Transcendental Idealism
Bermuda's Domestic Partnership Act 2018: From "living tree" to broken branches?
No full textIt is often thought that affording rights is a progressive movement; rights are given to natural legal persons; the rights are normalised in societal expectations and they form part of a body of enforceable rights against the state. On 7 February 2018, Bermuda became the first state in modern history to withdraw the right of same-sex couples to marry, bucking the trend of progressively affording rights. In a recent judgment, the Bermudian Supreme Court has ruled that taking away the right of same-sex couples to marry is unconstitutional. This article will briefly consider the development of the right of same-sex couples to marry in Bermuda, the connection between Bermudian human rights law and the European Convention on Human Rights and ask whether rights afforded under a constitutional arrangement can be taken away
The case for an international hard law on corporate killing
No full textOn 4 December 2006, during discussions on the Corporate Manslaughter and Corporate Homicide Bill, Andrew Dismore, Member of Parliament and then Chair of the Joint Committee on Human Rights, said, ‘Organisations can kill people … but it is the actions and omissions of people in organisations that cumulatively cause death’. However, the corporate entity is a vehicle for the communal actions of those who guide the business activities. Attempting to seek out persons or people that are solely responsible for deaths and violations of human rights caused by companies is fruitless. The entity is a vehicle for those actions, it possesses its own, often deep, pockets of finance and resources, and it has a public image. It is more useful to punish the corporate entity, in instances where the corporate behaviour has led to death and human rights abuses, as it is in seeking out individual defendants. Soft law options have not brought about a sufficient reduction in instances of deaths caused by corporate behaviour across jurisdictional borders. This article will argue that the time has now come to establish an international hard law on corporate killing, and for states to ensure that there is a viable path towards a redress for victims and their families along with adopting a duty to assist the victim or their family to pursue redress to ensure a fair balance of power against transnational companies
Essays as “clinical” pedagogy: a Hegelian approach to essay writing
No full textCurrent debates in clinical legal education (CLE) exclude essay writing as a legitimate form of “clinical” pedagogy. This article argues that essay writing should be classified as a form of CLE due to its potential to mirror legal practice and enhance students’ reflective capacities. By incorporating Hegelian dialectical reasoning, the paper proposes a structured approach to legal essay writing that includes thesis, antithesis and synthesis. This method encourages students to engage deeply with legal arguments, reflecting on their merits and counterarguments. The dialectical approach aligns with constructivist teaching methodologies, promoting critical thinking and practical skills relevant to legal practice and beyond. The article outlines the theoretical basis of this model and provides a practical framework for its implementation in legal education. It further connects this pedagogical strategy to the development of transferable skills that prepare students for professional legal environments. Through this dialectical method, the paper advocates a more holistic and nuanced understanding of legal concepts, bridging the gap between academic theory and practical application, and, thus, making the case for the incorporation of Hegel-inspired essay writing into the definition of CLE
Addressing implicit bias: a theoretical model for promoting integrative reflective practice in live-client law clinics
No full textAddressing implicit bias: a theoretical model for promoting integrative reflective practice in live-client law clinics
No full textDespite the proliferation of Clinical Legal Education programmes in England and Wales, such as live-client clinics, legal education and training in England and Wales continues to be predominantly focused on the analysis and application of rules, doctrines, and theories to hypothetical scenarios or essay questions. This form of pedagogy either minimises or ignores the role of the client in terms of supplying lawyers with knowledge pertinent to their case. In other words, it overlooks the fact that the lawyers’ acquisition of knowledge is not confined to technical rationality. This article seeks to achieve three broad aims. First, to contribute to the debate concerning the epistemology of reflective practice. Second, to develop a theoretical reflective cycle, informed by Kant’s transcendental idealism, which seeks maximise knowledge acquisition in legal education, namely knowledge supplied by the client. Third, to address implicit bias using the proposed reflective cycle. An optimal pedagogy for using this cycle is Clinical Legal Education, namely live client clinics
Going Beyond Counting First Authors in Author Co-citation Analysis
Full text linkThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Variations on the Author
Full text link“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
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