scholarly journals Rawls’s The Law of Peoples as a Guideline for the World as We Know It

2010 ◽  
pp. 207-220
Keyword(s):  
Author(s):  
Karen J. Alter

In 1989, when the Cold War ended, there were six permanent international courts. Today there are more than two dozen that have collectively issued over thirty-seven thousand binding legal rulings. This book charts the developments and trends in the creation and role of international courts, and explains how the delegation of authority to international judicial institutions influences global and domestic politics. The book presents an in-depth look at the scope and powers of international courts operating around the world. Focusing on dispute resolution, enforcement, administrative review, and constitutional review, the book argues that international courts alter politics by providing legal, symbolic, and leverage resources that shift the political balance in favor of domestic and international actors who prefer policies more consistent with international law objectives. International courts name violations of the law and perhaps specify remedies. The book explains how this limited power—the power to speak the law—translates into political influence, and it considers eighteen case studies, showing how international courts change state behavior. The case studies, spanning issue areas and regions of the world, collectively elucidate the political factors that often intervene to limit whether or not international courts are invoked and whether international judges dare to demand significant changes in state practices.


2018 ◽  
pp. 38-74
Author(s):  
Barry Rider

This article is focused on exploration not merely proposed developments in and refinements of the law and its administration, but the very significant role that financial intelligence can and should play in protecting our societies. It is the contention of the author that the intelligence community at large and in particular financial intelligence units have an important role to play in protecting our economies and ensuring confidence is maintained in our financial institutions and markets. In this article the author considers a number of issues pertinent to the advancement of integrity and in particular the interdiction of corruption to some degree from the perspective of Africa. The potential for Africa as a player in the world economy is enormous. So far, the ambiguous inheritance of rapacious empires and the turmoil of self-dealing elites in post-colonial times has successfully obscured and undermined this potential. Indeed, such has been the mismanagement, selfishness and importuning that many have grave doubts as to the ability of many states to achieve an ordered transition to what they could and should be. South Africa is perhaps the best example of a society that while avoiding the catastrophe that its recent past predicted, remains racked by corruption and mismanagement. That there is the will in many parts of the continent to further stability and security by addressing the cancer of corruption, the reality is that few have remained or been allowed to remain steadfast in their mission and all have been frustrated by political self-interest and lack of resources. The key might be education and inter-generational change as it has been in other parts of the world, but only an optimist would see this coming any time soon – there is too much vested interest inside and outside Africa in keeping things much as they are! The author focuses not so much on attempting to perfect the letter of the law, but rather on improving the ways in which we administer it.


2018 ◽  
Author(s):  
Xiaoyang Yu

Nomological determinism does not mean everything is predictable. It just means everything follows the law of nature. And the most important thing Is that the brain and consciousness follow the law of nature. In other words, there is no free will. Without life, brain and consciousness, the world follows law of nature, that is clear. The life and brain are also part of nature, and they follow the law of nature. This is due to scientific findings. There are not enough scientific findings for consciousness yet. But I think that the consciousness is a nature phenomenon, and it also follows the law of nature.


Author(s):  
Donald R. Davis

This chapter examines the history and use of maxims in legal traditions from several areas of the world. A comparison of legal maxims in Roman, Hindu, Jewish, and Islamic law shows that maxims function both as a basic tools for legal interpretation and as distillations of substantive legal principles applicable to many cases. Maxims are characterized by their unquestionable character, even though it is often easy to demonstrate contradictions between them. As a result, legal maxims seem linked to the recurrent desire for law to have a moral foundation. Although maxims have lost their purchase in most contemporary jurisprudence and legal practice, categories such as “canons of construction,” “legal principles,” and “super precedents” all show similarities to the brief and limited collections of maxims in older legal traditions. The search for core ideas underlying the law thus continues under different names.


1996 ◽  
Vol 89 (1) ◽  
pp. 1-18 ◽  
Author(s):  
John C. Poirier ◽  
Joseph Frankovic

The diversity among introductions to Paul is a tribute to the apostle's genius. There are two basic reasons for the diversity of opinion that exists today: First, internal incoherency—the difficulty of sorting Paul's thought into center and periphery (or event and context); and second, external incoherency—the gaps in our information about one of the most famous and interesting lives of all time. No consensus has emerged on the question of Paul's place in the world. We make this point not because this study will address the problem directly, but because we shall make inferences from one of the views in current circulation, namely that there is a basis to Paul's claim to Pharisaism (Phil 3:5). Attacking this view, some scholars have thought of him as a “would-be Pharisee” at best. We, nevertheless, think that the preponderance of evidence situates Paul in a universalist Jewish, probably Pharisaic, context. Paul believed that many of the law's prescriptions were still valid. As an illustration of Paul's belief in the continuing validity of the law, this essay attempts to show that 1 Cor 7:5–7 is best understood in the context of ritual purity concerns. These concerns include both the injunction for spouses to abstain from sexual activity for a time of prayer and Paul's defense of a celibate lifestyle within his own charismatic self-understanding.


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