Theater and the Law: The Cross-Disciplinary Integration of Theory and Practice in the Theatrical Arts and the Art of Advocacy

2018 ◽  
pp. 155-174
Author(s):  
Kevin S. Marshall ◽  
Sean Dillon ◽  
Michael O’Connor ◽  
Placido Gomez
Keyword(s):  
Theory And Practice ◽  
The Law ◽  
The Cross ◽  
Disciplinary Integration

Applying the FEW nexus concept at the local scale

2021 ◽  
Author(s):  
Henry P. Huntington ◽  
Jennifer Schmidt ◽  
Philip A. Loring ◽  
Erin Whitney ◽  
Srijan Aggarwal ◽  
...  
Keyword(s):  
Renewable Energy ◽  
Local Scale ◽  
Theory And Practice ◽  
Food Energy ◽  
Cross Domain ◽  
Rural Alaska ◽  
Domain Interactions ◽  
The Cross

The food-energy-water (FEW) nexus describes interactions among domains that yield gains or tradeoffs when analyzed together rather than independently. In a project about renewable energy in rural Alaska communities, we applied this concept to examine the implications for sustainability and resilience. The FEW nexus provided a useful framework for identifying the cross-domain benefits of renewable energy, including gains in FEW security. However, other factors such as transportation and governance also play a major role in determining FEW security outcomes in rural Alaska. Here we show the implications of our findings for theory and practice. The precise configurations of and relationships among FEW nexus components vary by place and time, and the range of factors involved further complicates the ability to develop a functional, systematic FEW model. Instead, we suggest how the FEW nexus may be applied conceptually to identify and understand cross-domain interactions that contribute to long-term sustainability and resilience.

scholarly journals The Myth of Objectivity: Implicit Racial Bias and the Law (Part 2)

2017 ◽  
Vol 20 ◽  
pp. 1
Author(s):  
Willem Hendrik Gravett
Keyword(s):  
South Africa ◽  
Racial Bias ◽  
Legal Theory ◽  
Fundamental Principle ◽  
Human Mind ◽  
Racial Prejudice ◽  
Theory And Practice ◽  
Differential Treatment ◽  
Implicit Racial Bias ◽  
The Law

The centrality of race to our history and the substantial racial inequalities that continue to pervade society ensure that "race" remains an extraordinarily salient and meaningful social category.  Explicit racial prejudice, however, is only part of the problem.  Equally important - and likely more pervasive - is the phenomenon of implicit racial prejudice: the cognitive processes whereby, despite even our best intentions, the human mind automatically classifies information in racial categories and against disfavoured social groups. Empirical research shows convincingly that these biases against socially disfavoured groups are (i) pervasive; (ii) often diverge from consciously reported attitudes and beliefs; and (iii) influence consequential behaviour towards the subjects of these biases. The existence of implicit racial prejudices poses a challenge to legal theory and practice. From the standpoint of a legal system that seeks to forbid differential treatment based upon race or other protected traits, if people are in fact treated differently, and worse, because of their race or other protected trait, then the fundamental principle of anti-discrimination has been violated. It hardly matters that the source of the differential treatment is implicit rather than conscious bias. This article investigates the relevance of this research to the law by means of an empirical account of how implicit racial bias could affect the criminal trial trajectory in the areas of policing, prosecutorial discretion and judicial decision-making.  It is the author's hypothesis that this mostly American research also applies to South Africa. The empirical evidence of implicit biases in every country tested shows that people are systematically implicitly biased in favour of socially privileged groups. Even after 1994 South Africa – similar to the US – continues to be characterised by a pronounced social hierarchy in which Whites overwhelmingly have the highest social status. The author argues that the law should normatively take cognizance of this issue.  After all, the mere fact that we may not be aware of, much less consciously intend, race-contingent behaviour does not magically erase the harm. The article concludes by addressing the question of the appropriate response of the law and legal role players to the problem of implicit racial bias.

scholarly journals Theory and Practice of the Realization of the Right to Freedom of Religion: All-Ukrainian and Regional Contexts

2013 ◽  
pp. 5-10
Author(s):  
Liudmyla O. Fylypovych
Keyword(s):  
Theory And Practice ◽  
Religious Organizations ◽  
Freedom Of Religion ◽  
Religious Activities ◽  
Freedom Of Conscience ◽  
The Law ◽  
The Right

The right to freedom of religion is enshrined in the Constitution of Ukraine and the Law of Ukraine on Freedom of Conscience and religious organizations. Article 35 of the Constitution of Ukraine states that this right includes the freedom to profess any religion or not to profess any, to freely send individually or collectively religious ceremonies, to conduct religious activities.

The Vanishing Absolute and the Deconsecrated God: A Theological Reflection on Revelation, Law, and Human Dignity

2013 ◽  
Author(s):  
Tina Beattie
Keyword(s):  
Human Dignity ◽  
Natural Law ◽  
Theological Reflection ◽  
Original Sin ◽  
Homo Sacer ◽  
Divine Justice ◽  
Christian Understanding ◽  
The Law ◽  
The Cross

Drawing on Giorgio Agamben’s idea of homo sacer and on the Catholic natural law tradition, Beattie explores the paradoxes and tensions inherent in the Christian understanding of divine justice and human laws. While natural law resists the pessimism of some Protestant theologies and their secularized postmodern derivatives, the doctrine of original sin means that all human laws are flawed in their quest to maintain justice through the imposition of order. Beattie argues that Christ is homo sacer in whom God is profaned, the human is made sacred, and the crucified body of the dehumanized other on the cross becomes the bearer of an absolute dignity outside the law.

National Report for Tanzania

2013 ◽  
Author(s):  
Benhajj Shaaban Masoud
Keyword(s):  
Case Law ◽  
Theory And Practice ◽  
General Law ◽  
National Report ◽  
General Rules ◽  
Statutory Law ◽  
The Law

The law relating to the treatment of contracts in insolvency in Tanzania—as is true for the general law on insolvency in Tanzania—is neither well developed in theory and practice nor quite explicit in a number of aspects. The lack of extensive application of the law is due to lack of material circumstances in which the law could apply and systematically evolve and develop. Recently, the law has tended to develop through other laws that address specific matters that have implications for insolvency. The statutory law as it exists to date has some general rules that govern the treatment of contracts in insolvency, although the case law is almost non-existent.

The Cross-Border Protection of Adults

2015 ◽  
Author(s):  
Richard Frimston
Keyword(s):  
International Law ◽  
Theory And Practice ◽  
Roman Law ◽  
Private International Law ◽  
Cross Border ◽  
The Cross ◽  
Adult Protection

The cross-border protection of adults is an area of Private International Law, in which theory and practice may very often be in rather different places. In Chapters 2 has set out the broad Private International Law concepts likely to be encountered in adult protection. Chapters 3 describes the history and development from Roman law of internal law relating to the protective regimes that have existed and evolved for adults with an impairment and makes some comparisons.

scholarly journals THEORIES OF VAGUENESS AND THEORIES OF LAW

Legal Theory ◽  
2019 ◽  
Vol 25 (2) ◽  
pp. 132-152
Author(s):  
Alex Silk
Keyword(s):  
Rule Of Law ◽  
Legal Theory ◽  
Theory And Practice ◽  
Legal Interpretation ◽  
Philosophy Of Law ◽  
Conventional Meaning ◽  
The Rule Of Law ◽  
Judicial Practice ◽  
Content Determination ◽  
The Law

ABSTRACTIt is common to think that what theory of linguistic vagueness is correct has implications for debates in philosophy of law. I disagree. I argue that the implications of particular theories of vagueness on substantive issues of legal theory and practice are less far-reaching than often thought. I focus on four putative implications discussed in the literature concerning (i) the value of vagueness in the law, (ii) the possibility and value of legal indeterminacy, (iii) the possibility of the rule of law, and (iv) strong discretion. I conclude with some methodological remarks. Delineating questions about conventional meaning, legal content determination, and norms of legal interpretation and judicial practice can motivate clearer answers and a more refined understanding of the space of overall theories of vagueness, interpretation, and law.

Judicial Architecture at the Cross-Roads: Private Parties and Challenge to Ec Measures Post-Jégo Quéré

2001 ◽  
Vol 4 ◽  
pp. 413-444 ◽  
Author(s):  
Angela Ward
Keyword(s):  
Ice Cream ◽  
Major Change ◽  
Case Law ◽  
Food Trade ◽  
Locus Standi ◽  
The Future ◽  
The Law ◽  
The Cross ◽  
Court Of First Instance

This article maps out the channels at the disposal of private parties for challenging the legality of EC measures, and attempts some predictions of the future shape and content of this plank of the EU’s judicial architecture. This area of the law is in a state of flux, particularly in the light of rulings such asUEAPMEv.Council, Masterfoods Limitedv.HB Ice Cream, Fresh Marine Company ASv.Commission, Laboratoires Pharmaceutiques Bergaderm SA, in liquidation, andJean-Jacques Goupilv.Commission, Bocchi Food Trade International GmbHv.Commission, and most recently, and significantly,Jégo Quéré and Cie SAv.Commission. In this latter ruling the Court of First Instance prescribed a major change to the rules onlocus standiunder Article 230(4) of the EC Treaty, a hitherto much maligned aspect of the case law, by relaxing the requirement of ‘individual concern’ laid down in that article.

scholarly journals What is Left in the “Too Hard Basket”? Developments and Challenges for the Rights of Children in Conflict with the Law

2020 ◽  
Vol 28 (1) ◽  
pp. 89-110 ◽  
Author(s):  
Nessa Lynch ◽  
Ton Liefaard
Keyword(s):  
Justice System ◽  
Academic Discipline ◽  
Children's Rights ◽  
Theory And Practice ◽  
Children’S Rights ◽  
Rights Of The Child ◽  
United Nations Convention ◽  
Age Limits ◽  
The Law ◽  
Cross National

The 30 years since the enactment of the United Nations Convention on the Rights of the Child has seen extensive developments in the theory and practice of children’s rights. Children’s rights are now an established academic discipline with the study of children in conflict with the law being a fundamental area of analysis. This paper takes the approach of highlighting three areas of development of children’s rights scholarship in relation to the criminal justice system: children’s rights, developmental science and notable themes emerging from cross-national scholarship, including age limits, diversion, effective participation and deprivation of liberty. In addition, it analyses three gaps or challenges which are “left in the too-hard basket” for the coming decades.

OFFENSES AGAINST THE ENVIRONMENT, ESSENTIAL DAMAGE ASSESSMENT IN THEORY AND PRACTICE

2017 ◽  
Vol 1 (78) ◽  
pp. 30
Author(s):  
Silvija Kotāne
Keyword(s):  
Criminal Law ◽  
Significant Risk ◽  
Legal Protection ◽  
Theory And Practice ◽  
Forest Environment ◽  
Criminal Offense ◽  
Significant Damage ◽  
The Law ◽  
The Republic

This paper shall review of the development of environmental criminal – legal protection in the Republic of Latvia. One of the most complicated valuation terms in Criminal law is essential harm. The adverse effects of marking, used assessment concept – "essential harm" to the Criminal Law Section 11, provisions are included as a criminal offense frame sign. Valuation concept „essential harm” or “significant damage” is widely used. Material injury is one of the mandatory features of the objective of acriminal offence defining the legal classification of the offence and, inany particular case, to assess the nature and consequences of thedamage in relation to the interests laid down by the law. In all cases, regulation is not specified. Significant damage and other interests protected by law in nature and severity to determine the natural environment, human health can be an expert evaluation. In deciding the question of material injury, which is especially qualifying characteristic of the Criminal Law Article 109, followed to the Special Law Annex 1 "Criteria for the detectable threat or significant risk to the law protected the interests of the forest environment conservation." With regard to essential harm the forest environment, evaluation is embedded in the law and are applied in practice.

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