Theories of Choice and the Law—An Introduction

2021 ◽  
pp. 1-16
Author(s):  
Stefan Grundmann ◽  
Philipp Hacker
Keyword(s):  
The Past ◽  
Legal Problems ◽  
Different Types ◽  
The Law ◽  
The Many

This introduction highlights the importance of theories of choice for the law, but it also stresses the need to distinguish and decide between different types of choice theories for concrete legal applications. It first discusses the problem of selecting an appropriate theory of choice, from the many varieties that have developed in the past decades, for a specific regulatory problem. Second, it advocates making explicit the sometimes hidden epistemic and normative assumptions behind choice-theoretic models. Third, it argues for a genuinely normative assessment, and a conceptual reconstruction, of theories of choice before their application to specific legal problems. The chapter concludes with an overview of the four Parts of this volume.

D. 41,2,3,21: Titulierte Besitzarten, Erwerbsgründeund das unum genus possidendi

2013 ◽  
Vol 81 (3-4) ◽  
pp. 527-559
Author(s):  
Eric H. Pool
Keyword(s):  
Roman Law ◽  
Negative Effects ◽  
Distinctive Features ◽  
Depth Analysis ◽  
Different Types ◽  
The Law ◽  
The Many

D. 41,2,3,21 turns on the issue of how possessio is to be divided. Understanding its content presupposes making a distinction that was self-evident for the Roman jurist but has never been made by later scholars of Roman law. They do not distinguish the varying ‘causes’ of possession (pro emptore … pro suo) which mark different types of lawful possession, and the ‘causes’ of acquisition (causae adquirendi) which justify obtaining possesion as by an owner. Taking a legally valid sale as an example the distinctive features of (possessio) pro emptore in contrast to emptio are established as well as their relevance for procedural practice. In particular there are no less than six forms of action in the law of inheritance for which these features are relevant. Next, the many negative effects of failing to make this distinction are indicated. There follows an in depth analysis and interpretation of the main phrases in Paul’s text: (i) quod nostrum non est; (ii) causae ad­­quirendi, in particular iustae causae traditionis; (iii) unum genus possidendi; (iv) species infinitae.

Patterns of Development in International Fishery Law

1974 ◽  
Vol 11 ◽  
pp. 37-47
Author(s):  
Gerald R. Ottenheimer
Keyword(s):  
Continental Shelf ◽  
Law Of The Sea ◽  
The Past ◽  
Fishery Resources ◽  
Legal Problems ◽  
The Law ◽  
Ocean Law ◽  
International Fisheries

The uncertainty surrounding the outcome of the imminent Law of the Sea Conference is inevitable in the light of the lack of consensus on many of the most pressing problems of ocean law. Nowhere is this lack of agreement more evident than in the law regulating the world’s fishery resources.During the past few years the attention of international lawyers and experts in related disciplines has been focused on the crucial considerations of continental shelf and ocean bed resources. Yet the legal problems related to international fisheries persist and increase.

2 The Types of Evidence for Prehistoric Southwestern Agriculture

1961 ◽  
Vol 17 ◽  
pp. 8-10
Author(s):  
Richard B. Woodbury
Keyword(s):  
Critical Reading ◽  
Pueblo Indians ◽  
Prehistoric Agriculture ◽  
The Past ◽  
Careful Scrutiny ◽  
Different Types ◽  
The Many ◽  
Major Emphasis

Over the past decade many authors have briefly cited or discussed several kinds of evidence for the prehistoric agriculture of the Southwest. Most of this evidence, however, has not received careful scrutiny, nor has it been given major emphasis in any but a few archaeological studies. The importance of agriculture has been more often assumed than demonstrated, and a critical reading of Southwestern archaeological literature reveals that all too often reference to “agriculture” (or “horticulture“) is unaccompanied by any consideration of the many different types of activity that are subsumed by such a term.From the earliest days of exploration among the “cliff-dwellings” and other ruins the presence of stored corn made it clear that the occupants had been farmers. Other evidence seemed superfluous, since the surviving Pueblo Indians were also farmers, and it could be assumed that farming methods had changed but little over the centuries. Therefore, none of the earlier archaeologists in the Southwest gave serious attention to the agricultural evidence.

scholarly journals Biotechnology for the Treatment of Pesticide Waste

HortScience ◽  
1996 ◽  
Vol 31 (4) ◽  
pp. 699c-699
Author(s):  
Jeffrey S. Karns
Keyword(s):  
Complex Mixture ◽  
Cost Effective ◽  
High Volume ◽  
Organophosphate Insecticide ◽  
The Past ◽  
Different Types ◽  
Number Of Microorganisms ◽  
Parathion Hydrolase ◽  
Multiple Treatments ◽  
The Many

The use of microbes and/or microbial processes for the bioremediation of soils contaminated with pesticides is an idea that has enjoyed considerable interest over the past several years. Many microbes with specific pathways for the degradation of particular pesticides, or classes of pesticide, have been isolated and characterized. Unfortunately, most sites that are heavily contaminated with pesticides contain a mixture of the many different types of pesticides that have been used over the last 5 decades. This complex mixture of compounds may inhibit microbial degradation or may require multiple treatments to assure that all the chemicals are degraded. Treatment of wastes before they contaminate the environment is one way to avoid the problems associated with mixed wastes. We have isolated a number of microorganisms that detoxify insecticides, such as carbaryl of parathion via the action of hydrolase enzymes. These enzymes can be used to treat waste pesticide solutions before disposal. A system was developed for the disposal of one high-volume organophosphate insecticide waste by treatment with parathion hydrolase, followed by ozonation to yield harmless products that were readily degraded by other soil microorganisms. A second method for disposal of this waste involves altering the environmental conditions in the waste to stimulate the growth of microorganisms naturally present in the material utilizing the pesticide as a carbon source. This accomplishes degradation of the material over a 2-week period. Many, if not all, pesticides are degradable to some degree by microorganisms, and this fact can be exploited to provide cost-effective methods for the safe disposal of pesticide wastes.

Custom in the Enforcement of the Law: The Power of the Attorney-General to Stay Criminal Proceedings

1986 ◽  
Vol 21 (3-4) ◽  
pp. 333-357
Author(s):  
Ruth Gavison
Keyword(s):  
Comparative Analysis ◽  
Legal Theory ◽  
Attorney General ◽  
Criminal Proceedings ◽  
Legal Problems ◽  
Life Problems ◽  
The Law ◽  
Complex Relationships ◽  
The Many ◽  
The One

This article is a synopsis of a monograph which will be published shortly (in Hebrew) by the Harry Sacher Institute for Legislative Research and Comparative Law. I dedicate it to Professor Tedeschi because he was the one who triggered it ten years ago, with his suggestion that the study of law, and especially the study of contexts of discretion in the law, cannot be complete without detailed studies of the ways in which officers in practice use their powers. Custom thus has an easily overlooked importance as a source of law even in modern systems, in the many areas in which mere knowledge of the normative framework within which powers are exercised is insufficient for a knowledge and understanding of the law.Tedeschi's suggestion seemed correct on its face, to an extent sufficient to motivate me to leave theorizing about law from the armchair and look into the practice of law enforcement. I emerged from the adventure even more convinced of his insight than when I started.While working on the subject I realized that comparative analysis was also of relevance to such questions, and that important questions were raised about the utility of such analyses in attempts to solve one's problems. Again I have found that Tedeschi articulated the conclusion I have reached in an early article published years ago.So these insights of his were added to the many things for which I am indebted to Professor Tedeschi: the solid commitment to legal scholarship for which he has always stood; the varied, persistent and prolific interest he has in all things legal and in the life-problems which the law seeks to regulate, resulting in many essays which are to this day classic in their field; and the fact that he is among the rare scholars who practice what they preach. If we take the importance of custom as an example, Tedeschi insists on including sections on custom in all his articles on legal problems, and in many instances this combination of great analytical strength and attention to social reality is what makes Tedeschi's writings so important. It is rare to have such people as one's teachers, and I feel lucky and grateful to have been his student.The larger study on which this article is based elaborates in some detail these larger jurisprudential questions of the complex relationships between solutions of legal problems (or law reform) and legal theory, empirical research and comparative analysis. Here I shall confine myself to the major findings of my research into the reality and the ideal of the power of the Attorney-General to stay criminal proceedings.

The conditioning model of neurosis

1979 ◽  
Vol 2 (2) ◽  
pp. 155-166 ◽  
Author(s):  
H. J. Eysenck
Keyword(s):  
Learning Theory ◽  
Psychological Theory ◽  
Short Exposure ◽  
The Past ◽  
Conditioning Theory ◽  
Conditioning Model ◽  
The Law ◽  
The Many

AbstractThe long-term persistence of neurotic symptoms, such as anxiety, poses difficult problems for any psychological theory. An attempt is made to revive the Watson-Mowrer conditioning theory and to avoid the many criticisms directed against it in the past. It is suggested that recent research has produced changes in learning theory that can be used to render this possible. In the first place, the doctrine of equipotentiality has been shown to be wrong, and some such concept as Seligman's “preparedness” is required, that is the notion that certain CS are biologically prepared to be more readily connected with anxiety responses than others. In the second place, the law of extinction has to be amended, and the law of incubation or enhancement added, according to which the exposure of the CS-only may, under certain specified conditions, have the effect of increasing the strength of the CR, rather than reducing it. The major conditions favouring incubation are (1) Pavlovian B conditioning, that is a type of conditioning in which the CR is a drive; (2) a strong UCS, and (3) short exposure of the CS-only.

scholarly journals Legal Information Innovation in Saskatchewan

2017 ◽  
Vol 12 (1) ◽  
Author(s):  
Alan Kilpatrick
Keyword(s):  
Nous Avons ◽  
Full Range ◽  
Court System ◽  
Legal Information ◽  
The Past ◽  
Legal Problems ◽  
Canadian Association ◽  
The Law

Access to legal information enables people to identify the full range of legal options available to them. In some cases, access to legal information allows people to resolve legal problems outside the court system altogether. Unfortunately, access to legal information in Canada has been described as poor. At the Law Society of Saskatchewan Library, we have been exploring the role libraries can play in improving access to legal information. Over the past three years, we have participated in a multitude of legal information initiatives with justice, community, and library stakeholders. I am here to tell you about these initiatives and what we have learned about promoting access to legal information in a library setting. This article is adapted from presentations given at the 2017 Canadian Association of Law Libraries Conference and the 2017 Saskatchewan Library Association Conference. L’accès à l’information juridique permet au public d’identifier une gamme complète d’options juridiques qui leur sont disponibles. Dans certains cas, l’accès à l’information juridique permet au public de résoudre des problèmes légaux sans avoir recours aux tribunaux. Malheureusement, l’accès à l’information juridique au Canada est décrit comme mauvais. À la Law Society of Saskatchewan Library, nous avons examiné le rôle que peuvent prendre les bibliothèques pour améliorer l’accès à l’information juridique. Au cours des trois dernières années, nous avons participé à de nombreuses initiatives sur l’information juridique avec des intervenants des milieux de la justice et des bibliothèques ainsi que des intervenants communautaires. Je vais partager avec vous ces initiatives ainsi que ce que nous avons appris au sujet de la promotion de l’accès à l’information juridique en milieu bibliothécaire. Cet article est une adaptation de présentations données aux congrès de l’Association canadienne des bibliothèques de droit et de la Saskatchewan Library Association en 2017.

Litigation and the consumer interest; the class action and beyond

Legal Studies ◽  
1982 ◽  
Vol 2 (2) ◽  
pp. 135-171 ◽  
Author(s):  
Richard H. S. Tur
Keyword(s):  
Class Action ◽  
Judicial System ◽  
Social Rights ◽  
Effective Protection ◽  
Consumer Interest ◽  
The Past ◽  
The Law ◽  
The Many

The enjoyment of traditional as well as new social rights presupposes mechanisms for their effective protection. Such protection, moreover, is best assured by a workable remedy within the framework of the judicial system.[M. Cappelletti]Acts and regulations are of little value unless they are observed. A major cause of consumer weakness in the past has lain in the inadequate enforcement of the many laws in his favour. [Molony Report, 1962, para. 869]The statute book bears eloquent testimony that the law has been regarded as an appropriate vehicle for protecting the consuming public. The Molony Report, 1962, has borne much legislative fruit and, 20 years later, enthusiasm for legislation in the consumer interest does not appear to be waning.

The Minimum Payment Clause Muddle

1964 ◽  
Vol 22 (1) ◽  
pp. 108-128 ◽  
Author(s):  
Jacob S. Ziegel
Keyword(s):  
The Past ◽  
Legal Problems ◽  
Steady Level ◽  
The Law

The value of hire-purchase transactions has remained at a fairly steady level during the past few years, and it would be pleasant to think that the law affecting them has reached a comparable stage of maturity and stability. This is unfortunately not the case. Instead, the number of legal problems continues to multiply and some aspects of the law of hire-purchase have reached a state of complexity which must baffle even the most expert lawyer. Of these none is more confusing than the law relating to the so-called “minimum payment clause.”

scholarly journals The Present State of the Study of Politics

2021 ◽  
Vol 100 (1) ◽  
pp. 183-192
Author(s):  
Ch. E. Merriam
Keyword(s):  
Industrial Development ◽  
Political Process ◽  
Law School ◽  
The Political ◽  
Common Goal ◽  
The Past ◽  
Different Types ◽  
The Subject ◽  
The Many ◽  
The Impact

The original outline of this article included a general overview and critique of the leading trends in the study of politics over the past 30 to 40 years. It was intended to compare the methods and results of different types of political thought-to consider in turn the historical school, the law school, researchers in the field of comparative analysis of forms of government, philosophers themselves, the approach of economists, the contribution of geographers and ethnologists, the work of statisticians, and finally to turn to psychological, sociological and biological interpretations of the political process. It would be an interesting and perhaps useful task to compare the subject and method of such thinkers as Jellinek, Gierke, Dugi, Dicey and Pound, the philosophies of Sorel and Dewey, Ritchie and Russell, Nietzsche and Tolstoy, to look at the methods of Durkheim and Simmel, Ward, Giddings and Small, Cooley and Ross, and to discuss the innovations found in the works of Wallace and Cole. It might be useful to expand the analysis to include important features of the environment in which these ideas flourished, and the many close connections between them. One could also discuss the impact of social and industrial development, class movements and class struggle or group conflicts in a broader sense, consider the impact of urbanism and industrialism, capitalism, socialism and syndicalism, militarism, pacifism, feminism, nationalism. It would be useful, perhaps, to present a critique of the methods and results described and to specifically assess the significance of logical, psychological, sociological, legal, philosophical and historical methodologies and the contribution of each of them to the study of the political. This task, however, was dropped and postponed for the next time, as it became apparent that no such review could be compressed to reasonable volumes. In order to achieve our common goal, it would seem that a different type of analysis would be more productive, aimed at reconstructing the methods of political research and obtaining more extensive results in both the theoretical and practical fields.

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