The Neuroscientific Non-Challenge to Meaning, Morals, and Purpose

Author(s):  
Stephen J. Morse

Stephen J. Morse argues that neuroscience raises no new challenges for the existence, source, and content of meaning, morals, and purpose in human life, nor for the robust conceptions of agency and autonomy underpinning law and responsibility. Proponents of revolutionizing the law and legal system make two arguments. The first appeals to determinism and the person as a “victim of neuronal circumstances” (VNC) or “just a pack of neurons” (PON). The second defend “hard incompatibilism. ” Morse reviews the law’s psychology, concept of personhood, and criteria for criminal responsibility, arguing that neither determinism nor VNC/PON are new to neuroscience and neither justifies revolutionary abandonment of moral and legal concepts and practices evolved over centuries in both common law and civil law countries. He argues that, although the metaphysical premises for responsibility or jettisoning it cannot be decisively resolved, the hard incompatibilist vision is not normatively desirable even if achievable.

2017 ◽  
Vol 6 (1) ◽  
pp. 25-50
Author(s):  
Poku Adusei

This article provides comprehensive insights into the study of the Ghana legal system as an academic discipline in the law faculties in Ghana. It urges the view that the study of the Ghana legal system, as an academic discipline, should be transsystemic. Transsystemic pedagogy consists in the introduction of ideas, structures and principles which may be drawn from different legal traditions such as civil law, common law, religion-based law, African law and socialist law traditions to influence the study of law. Transsystemia involves teaching law ‘across,’ ‘through,’ and ‘beyond’ disciplinary fixations associated with a particular legal system. It is a mode of scholarship that defies biased allegiance to one legal tradition in order to foster cross-cultural dialogue among legal traditions. It involves a study of law that re-directs focus from one concerned with ‘pure’ legal system to a discourse that is grounded on multiple legal traditions.


Author(s):  
Steve Wilson ◽  
Helen Rutherford ◽  
Tony Storey ◽  
Natalie Wortley

This chapter provides an overview of the English legal system, introducing fundamental legal concepts, such as the nature of law and parliamentary sovereignty, and the differences between criminal law and civil law legal terminology, such as terminology and the outcomes. The sources of law, legislation in the form of Acts of Parliament or statutes and delegated legislation and common law or judge-made law are outlined. An outline of the courts is given, including the judges and the jurisdiction of the courts. The relationship between the English legal system and the European Union (EU) and the European Convention on Human Rights (ECHR) is explained.


2013 ◽  
Vol 3 (2) ◽  
pp. 183
Author(s):  
Dr.Sc. Juelda Lamçe

Islamic Law, the third largest global legal system, next to Civil Law and Common Law, has been far -back subject of an increased interest to the academics.  Its main peculiarity is the absorption of theology in the law. There is no clear borderline between juridical and religious regulation. For this reason it is important to understand how certain legal institutes where regulated in the past. In fact, Islamic classic law despite its later evolution is considered the most authoritative legal source, because closest to the Divine Revelation.With regard to the rights and obligations of spouses, they’re conceived in terms of complementary, while their equality is interpreted in terms of moral and spiritual rights and obligations. In order to better comprehend their rights and obligations, it is necessary to analyze the different roles of gender inside the Islamic family.Given the premises, this paper will focus on specific rights and obligations between spouses and with regard to the child-parent relationship. In particular, it will treat the meaning of the supremacy or authority of the man to the woman; the rights and obligations that they have towards the children born in and out of wedlock; the questions on the practice of the polygyny.


2017 ◽  
Vol 33 (1) ◽  
Author(s):  
Primus Adiodatus Abi Bartama ◽  
Aloysius Wisnubroto

 Contemporary era with a dynamic information society presents new challenges in various fields of human life, one of them is law enforcement. The failure of law enforcement system in realizing substantial justice in a dynamic society is caused by paradigmatic legal issues. The problems which are going to be studied and answered are how the law enforcement paradigm shift urgency in facing the challenges of contemporary era. Through methods that are doctrinaire (normative-philosophical), it is found the limitations of law enforcement system that resulted in the law, particularly in the settlement through the judiciary, are not able to bring about justice because they are still hampered due to the paradigm of positivistic. Thus the paradigm shift becomes very urgent to overcome the limitations of the legal system is positivistic. The paradigm that is deemed in accordance with the needs of society that is dynamic  information society is a legal paradigm that is non-positivistic.Keyword: Law enforcement, Paradigm, Contemporary era, Justice system.INTISARIEra kontemporer dengan masyarakat informasinya yang dinamis menghadirkan tantangan-tantangan baru dalam berbagai bidang kehidupan manusia, salah satunya adalah masalah penegakan hukum. Kegagalan sistem penegakan hukum dalam mewujudkan keadilan yang substansial dalam masyarakat yang dinamis disebabkan karena permasalahan hukum yang bersifat paradgmatis. Permasalahan yang hendak dikaji dan dijawab adalah bagaimana urgensi perubahan paradigma penegakan hukum dalam menghadapi tantangan era kontemporer. Melalui metode yang bersifat doktriner (normatis-filosofis), diperoleh temuan bahwa keterbatasan sistem penegakan hukum yang mengakibatkan hukum, khususnya dalam penyelesaian perkara melalui lembaga peradilan, tidak mampu mewujudkan keadilan dikarenakan masih terbelenggun dengan paradigma hukum positif. Demikian perubahan paradigma menjadi sangat urgen untuk mengatasi keterbatasan sistem hukum positif. Paradigma yang dipandang sesuai dengan kebutuhan masyarakat informasi yang bersifat dinamis adalah paradigma hukum yang bersifat nonpositivistik.Kata Kunci: Penegakan hukum, Paradigma,Era kontemporer, sistem peradilan.


2017 ◽  
Vol 35 (3) ◽  
pp. 595-620
Author(s):  
Kate Stevens

[It] is not I who am on trial here today, but the Law of the New Hebrides.In 1906, Britain and France jointly annexed the New Hebrides. A y-shaped archipelago in the southwest Pacific Ocean, the New Hebrides—which became Vanuatu upon independence in 1980—comprised some eighty islands characterized by high levels of linguistic and cultural diversity. At the moment of annexation, there were also Presbyterian, Anglican, and Catholic missionaries and Euro-American planters and traders, who overlaid religious and national divisions onto the existing social and linguistics ones. Anglo-French rule under the New Hebrides Condominium added a hybrid legal system to this complex mix. During the colonial period, four distinct jurisdictions existed, indicative of the divided, rival nature of governance. These included joint Condominium law, British common law, French civil law, and from 1928, a native code and courts. The plurality and ambiguity of the legal system left ample space for critique and for alternative, extrajudicial justice, as this article explores.


2016 ◽  
Vol 26 (1) ◽  
pp. 69-77 ◽  
Author(s):  
Ephraim N. Ngwafor
Keyword(s):  

As a result of its hi-jural legal system consisting of Common Law and Civil Law jurisdictions, Cameroon has been faced with some serious legal dilemmas. Amongst the problems that have arisen is the question of whether a judge in a Civil Law jurisdiction has the authority to judge a divorce matter where the parties to the action are domiciled in a Common Law jurisdiction and vice versa. This article aims to undertake an analysis of the legal system in Cameroon in an attempt to provide a solution to the foregoing issue.


5.13 How to handle Community law reports It is now important to sum this section up by looking at the issues surrounding the reading of Community law reports and reflecting on the development of reading skills. All legal systems have some appreciation and acknowledgment of precedent. The Community legal order is an artificially created legal system that draws on the legal systems of the Member States for the establishment of approaches to interpretation and law making in relevant areas. The majority of Member States operate from a Civil Code legal system unlike the UK’s preference for a common law system. Because of the familiarity of most Member States with civil law systems and the fact that all of the founding members were nation States with civil law systems, the European Community’s legal system is deeply embedded in the civil system. In the English law’s common law tradition, the legal theory underpinning the practical approach to decision making in the law courts is the declaratory theory This states that when a judge in court is deciding a case he declares in his decision what the law is. The case can then become an important precedent, as it states the law and determines when other courts must follow it. One case can determine and preset the law within the limits of the doctrine of precedent. In civil law systems codes are used to organise areas of law. All civil systems are based in different ways on Roman law where the legal theory position is that when a judge in a court makes a decision about the law, that decision is evidence of the law. The ECJ, not surprisingly, when setting up legal principles that apply across all cases, drew upon the legal experience of all Nation States, but the minority approach of the English legal system is not the approach in the Community legal order. As you will remember from Chapter 3, in the English common law system decisions of the courts are the law, rather than evidence of what it is thought to be. Through the system of precedent in the English legal system, previous court cases and law cases are presented to the court as precedents. But this is not the case in the ECJ where arguments consider other cases and other documents and practices in order to present what may seem appropriate principles of the law. It should have been apparent from the previous chapter and the discussion in that chapter on the doctrine of precedent that English law, despite its theoretically rigid binding nature, is extremely flexible in the mouths of judges. It may seem odd that there is a lack of precedent in the ECJ. But the ECJ has a determination to carefully develop and keep legal principles which do give a great deal of consistency and coherence to Community law. Commentators have noted that it has now become normal and accepted for courts to refer to earlier cases and use these earlier cases as the rationale for decisions, which begins to feel like precedent. However, even given these suggestions of openness to the concept of precedent there is no suggestion that the ECJ would ever reach a decision that it did not want to purely because of other cases deciding matters differently. The reverse could, however, occur in the English legal system.

2012 ◽  
pp. 170-170

Author(s):  
Asasriwarnia Asasriwarnia ◽  
M. Jandra

This paper will discuss the comparison of Islamic legal system, civil law, and common law. Knowing the comparison is important. This method is very appropriate considering that the legal system has its own character and scope. The questions of this study are: (1) how is the comparison concept of legal systems; (2) how was the comparison of legal systems’ source; (3) how was the comparison of its history and (4) the comparative material of law content. The purpose of this study is to reveal the concepts of legal systems comparison; the comparison of its source, history and the material comparison of law system’s content. This study use normative legal method. The results of this study are: (1) the concept of legal system comparison is defined by the similarities and difference on the collection of law elements. The needs of legal systems comparison are grouped into scientific needs and practical needs; (2) the comparison of legal system source is that the source of Islamic legal system, civil law, and common law has similarity in the effort of legal discovery. (3) The comparison of the history of legal system have similarities in growth and development influenced by the traditions of human life from one generation to the next generation in wide definition. (4) Comparison of the content of law system have similarities that all aspects of human life is generally regulated by law. In this context Islamic law is comprehensively regulate various aspects of human life including the relationship with the universe, the Lord and the hereafter.


1956 ◽  
Vol 50 (1) ◽  
pp. 32-60 ◽  
Author(s):  
C. Wilfred Jenks

During critical phases in the development of a legal system the quality of the craftsmanship which practitioners of the law bring to its service can have a decisive influence on the process of development and on the whole texture of the legal system resulting from that process of development. So it was when the great civilians transformed the law of an overgrown city state into the law of an imperial commonwealth; so it was when the glossators laid the foundations of the modern civil law; so it was when the Bench and Bar of England created the common law; so it is today in the case of international law.


Author(s):  
Molly Shaffer Van Houweling

This chapter studies intellectual property (IP). A hallmark of the New Private Law (NPL) is attentiveness to and appreciation of legal concepts and categories, including the traditional categories of the common law. These categories can sometimes usefully be deployed outside of the traditional common law, to characterize, conceptualize, and critique other bodies of law. For scholars interested in IP, for example, common law categories can be used to describe patent, copyright, trademark, and other fields of IP as more or less “property-like” or “tort-like.” Thischapter investigates both the property- and tort-like features of IP to understand the circumstances under which one set of features tends to dominate and why. It surveys several doctrines within the law of copyright that demonstrate how courts move along the property/tort continuum depending on the nature of the copyrighted work at issue—including, in particular, how well the work’s protected contours are defined. This conceptual navigation is familiar, echoing how common law courts have moved along the property/tort continuum to address disputes over distinctive types of tangible resources.


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