Category Archives: Legal Theory

Duff on Criminal Law Theory

R. A. Duff (University of Stirling – Department of Philosophy) has posted  Introduction: A Theory of Criminalization? (Forthcoming, The Realm of Criminal Law (Oxford University Press)) on SSRN.  Here is the abstract: This introductory chapter to The Realm of Criminal Law (forthcoming from Oxford University Press) provides the context for the book—the widely held belief that we face a crisis of criminalization (or over-criminalization), and a criminal law that has become chaotic and unprincipled. One useful response to such a crisis is to articulate a normative theory of criminal law, which will help us to see what criminal law ought to be (and thus to identify more clearly the radical defects in our criminal law): that is what this book will do. The Introduction also comments on the book’s method—a process of rational reconstruction that begins from salient features of our existing practices, and aims to make normative sense of them.….. To continue reading this legal news please click Read full information...

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Movsesian on "The Dignity of Commerce" by Oman

Mark L. Movsesian (St. John's University School of Law) has posted Markets and Morals: The Limits of Doux Commerce (William and Mary Business Law Review (Forthcoming)) on SSRN.  Here is the abstract: In this essay for a symposium on Professor Nathan Oman’s new book, "The Dignity of Commerce," I do three things. First, I describe what I take to be the central message of the book, namely, that markets promote liberal values of tolerance, pluralism, and cooperation among rival, even hostile groups. Second, I show how Oman’s argument draws from a line of political and economic thought that dates to the Enlightenment, the so-called "doux commerce" thesis of thinkers like Montesquieu and Adam Smith. Finally, I discuss what I consider the most penetrating criticism of that thesis, Edmund Burke’s critique from tradition, which suggests we should be careful attributing too much to markets’ ability to promote liberal….. To continue reading this legal news please click Read full information...

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Schmitz on Online Dispute Resolution & Cross-Border E-Commerce

Amy Schmitz (University of Missouri School of Law) has posted There's an 'App' for That: Developing Online Dispute Resolution to Empower Economic Development (Notre Dame Journal of Law, Ethics and Public Policy, Forthcoming) on SSRN.  Here is the abstract: Traditionally, litigation has been the norm for resolving disputes. It takes place in a public forum and face–to–face. In a global economy, however, such public and face-to-face dispute resolution is not feasible. This is especially true with cross-border purchases through e-commerce. E-commerce requires more efficient and less litigious remedy systems that allow consumers to obtain remedies on their purchases without the cost and travel associated with traditional face-to-face procedures. This has led to development of online dispute resolution (“ODR”) processes, especially with respect to business-to-consumer contracts. Accordingly, scholarship and policy papers have….. To continue reading this legal news please click Read full information...

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Best Made Company — Levi's 501 Washed Selvedge Jeans

Authentic gets thrown around a lot these days but few truly warrant the designation like a pair of Levi's 501s. For those looking to winnow down their portfolio of blue jeans to just the essentials, 501s carry fresh appeal and iconic status. via www.bestmadeco.com So just to be clear — this is $168 fort an old pair of Levi's? Am I missing something? You can also get T-shirts for $38 and plain "Japanese" style pants for over $200. My closet would be worth a fortune... To continue reading this legal news please click Read full information...

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Schultz and Ost on Shakespearean Legal Thought in International Dispute Settlement @IHEID

Thomas Schultz, King's College London, School of Law, and Graduate Institute of International and Development Studies, and François Ost, Saint-Louis University, Brussels, have published Shakespearean Legal Thought in International Dispute Settlement. Here is the abstract. In this article, the authors examine the contributions of Shakespearean legal thought to our understanding of core aspects of international dispute settlement. These aspects include: the sweeping role of masks in law and in the resolution of disputes; the construction and deconstruction of authority; the purpose of law in arousing desire and thus action; the limits in recognizing informal international law as law; the benefits of exaggeration; the problematic ambition of adjudicators; the key role of passion, against rationality, in understanding and dealing with international disputes; the decision-making resources to be found in logics of life; exercising measure in the enforcement and reach of….. To continue reading this legal news please click Read full information...

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