scholarly journals Jurisprudence—Merely Judgment: A Fallibilist Account of the Rule of Law

2020 ◽  
Author(s):  
Bruce Miller
Keyword(s):  
Rule Of Law ◽  
Best Interests ◽  
Legal Argument ◽  
The Rule Of Law ◽  
Court Of Appeals ◽  
Open Texture ◽  
Cast Doubt ◽  
The U.S

Published: Bruce Miller, Merely Judgment: A Fallibilist Account of the Rule of Law, 42 W. NEW ENG. L. REV. 215 (2020).How should judges decide the cases presented to them? In our system the answer is, “according to law,” as opposed to the judges’ preferred outcomes. But for at least a century, skeptics have cast doubt on whether adjudication under law is possible. Judge Richard Posner, now retired from the U.S. Court of Appeals for the Seventh Circuit, has, for example, argued that the indeterminacy of legal argument and the influence of judges’ predispositions show that it is not. Judge Posner thus recommends that judges give up on the rule of law in contested cases and instead candidly base their decisions on what they take to be in the best interests of society.Is there a convincing response to Judge Posner’s critique? H.L.A. Hart famously sought to defend the rule of law as a law of rules, grounded in judges’ acceptance of a “Rule of Recognition,” as the ultimate basis for their decisions. But Hart’s reliance on agreement among judges, coupled with his acknowledgement of an “open texture” where the Rule of Recognition breaks down, renders his explanation unhelpful to a judge confronted with seriously competing arguments.

The Rule of Law in the U.S.-China Tech War

2021 ◽  
Author(s):  
Curtis J. Milhaupt ◽  
Michael Callahan
Keyword(s):  
Rule Of Law ◽  
The Rule Of Law ◽  
The U.S

¿Desacuerdos teóricos o decisiones contra legem?

2014 ◽  
pp. 1761-1773
Author(s):  
Victoria ITURRALDE SESMA
Keyword(s):  
Rule Of Law ◽  
Public Authority ◽  
The Rule Of Law ◽  
Judicial Decisions ◽  
Previous Statement ◽  
Cast Doubt ◽  
The Law

LABURPENA: Botere publiko guztiak legeen mende egotea da Zuzenbide-estatu demokratikoen ezaugarrietako bat. Epaileei eta tribunalei dagokionez, aurreko adierazpen horrek ez du zalantzarik sortzen; praktikan, baina, epai judizial asko hartzen diren legetik kanpora, interpretatzeko orduan zalantzarik sortu gabe. Artikulu honetan aztertzen dut ea hori eszeptizismo semiotiko batean oinarritzen den eta hori jasangarria den teorikoki, edo, aldiz, arauen esanahiak mugak dituen. Bigarren aukeraren alde egiten dut, eta muga hori hizkuntzaren izaera konbentzionalak ematen duela adierazten dut. RESUMEN: Una característica de los Estados democráticos de derecho es el sometimiento de todos poderes públicos a las leyes. Por lo que se refiere a los jueces y tribunales, la afirmación anterior no plantea ninguna duda; sin embargo en la práctica son frecuentes las decisiones judiciales que, no planteando ninguna duda interpretativa, se toman al margen de ley. En este artículo analizo si ello se basa en un escepticismo semiótico y si este es sostenible teóricamente o si, por el contrario, el significado de las normas tiene límites. Me inclino por esta segunda alternativa, señalando que ese límite viene dado por el carácter convencional del lenguaje. ABSTRACT: The submission of every public authority to the laws is a characteristic of the democratic states based on the rule of law. As far as judges and courts are concerned, the previous statement does not cast doubt; nevertheless in practice there are often judicial decisions that although without any interpretative doubt, are adopted outside the law. In this article I analyze whether it is based on a semiotic scepticism and is theoretically sustainable or on the contrary the meaning of norms has limits. I am inclined for this second option noting that that limit is given by the conventional character of the language.

The International Role of the U.S. Dollar

FEDS Notes ◽  
2021 ◽  
Vol 2021 (2998) ◽  
Author(s):  
Carol Bertaut ◽  
◽  
Bastian von Beschwitz ◽  
Stephanie Curcuru ◽  
◽  
...  
Keyword(s):  
Financial Markets ◽  
Rule Of Law ◽  
Capital Flows ◽  
Global Economy ◽  
The Rule Of Law ◽  
Strong Property ◽  
International Role ◽  
Openness To Trade ◽  
The U.S

For most of the last century, the preeminent role of the U.S. dollar in the global economy has been supported by the size and strength of the U.S. economy, its stability and openness to trade and capital flows, and strong property rights and the rule of law. As a result, the depth and liquidity of U.S. financial markets is unmatched, and there is a large supply of extremely safe dollar-denominated assets.

The Lost European Aspirations of U.S. Constitutional Law

2003 ◽  
Vol 4 (6) ◽  
pp. 595-611 ◽  
Author(s):  
Charles F. Abernathy
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
Constitutional Law ◽  
Common Law ◽  
The Rule Of Law ◽  
The Many ◽  
The U.S

Most European and American attorneys and judges think the U.S.A. has its legal roots in English common law, and that is probably true for the many areas of U.S. law that are still controlled by the traditional common-law process of simultaneously making and applying law. Yet, with respect to constitutional law – America's greatest legal contribution to modern respect for the rule of law, the roots of the U.S. legal system are firmly planted in Europe, not England. The U.S. Constitution was inspired by French revolutionary ideas of rationalism in law; it was intended as an integrated document just like codes; and it has been interpreted by American judges to be not just a political document but binding law – law that is binding on all three branches of government, legislative, executive, and judiciary. In fact that was the holding in Marbury v. Madison, the case decided exactly two hundred years ago.

Bangladesh in 2012

Asian Survey ◽  
2013 ◽  
Vol 53 (1) ◽  
pp. 73-83 ◽  
Author(s):  
Ahrar Ahmad
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Economic Performance ◽  
War Crimes ◽  
The Political ◽  
Political Environment ◽  
The Rule Of Law ◽  
War Crimes Trial ◽  
The U.S

The year 2012 began well for Bangladesh. Economic performance was impressive, and there were some notable political developments, such as the starting of the War Crimes Trial. However, corruption remained a pressing issue, the rule of law and human rights in the country became increasingly tenuous, and the political environment continued to be turbulent and uncertain. Moreover, issues regarding the country’s relationship with both India and the U.S. were poorly resolved.

scholarly journals Law’s Wars, Law’s Trials The Fate of the Rule of Law in the U.S. ‘War on Terror’

2019 ◽  
Vol 36 (1) ◽  
pp. 29-35
Author(s):  
Richard L. Abel
Keyword(s):  
Rule Of Law ◽  
War On Terror ◽  
State Power ◽  
Social Protest ◽  
The Political ◽  
Liberal State ◽  
The Rule Of Law ◽  
Political Spectrum ◽  
The U.S ◽  
Broad Consensus

The rule of law is a foundation of the liberal state. There is broad consensus about its core, extending across the political spectrum. Our own experience tragically teaches that the rule of law is most endangered when those exercising state power feel threatened: during and after wars and in response to social protest.      

The Rule of Law

2020 ◽  
pp. 512-528
Author(s):  
Lisa M. Austin
Keyword(s):  
Rule Of Law ◽  
First Century ◽  
Private Law ◽  
Critical Pathways ◽  
The Rule Of Law ◽  
Private Power ◽  
The Relationship ◽  
Global Data ◽  
The U.S ◽  
The Way

This chapter argues that the relationship between private law and the rule of law has been underdeveloped, or ignored, by private law scholarship until recently. Indeed, until recently, there has been relatively little attention to what the rule of law, as a conceptual and critical framework, could bring to private law theory itself. Why this lacuna in the literature? The chapter offers two speculative reasons that take up some of the themes and concerns of the New Private Law. The first reason concerns the U.S. legal academy, while the second reason concerns private law theory in the commonwealth. The chapter then outlines potential critical pathways for reclaiming a rule-of-law perspective on private law that address some of the reasons for its underdevelopment. It also explains how a focus on the rule of law in general, and in relation to some of its specific commitments and virtues, provides an important critical lens in relation to understanding and responding to the way that private power operates in the twenty-first century within what can be called the “global data economy.”

Administrative Accountability and the Rule of Law

2009 ◽  
Vol 42 (01) ◽  
pp. 11-17 ◽  
Author(s):  
Donald F. Kettl
Keyword(s):  
New Mexico ◽  
Drug Administration ◽  
Rule Of Law ◽  
Food Industry ◽  
Food And Drug Administration ◽  
The Rule Of Law ◽  
Major Outbreak ◽  
The U.S

In June 2008, the U.S. Food and Drug Administration rocked the food industry—and food lovers—with its warning about tainted tomatoes. Consumers in New Mexico and Texas were contracting a rare, sometimes fatal strain of salmonella and the FDA feared that salmonella contamination from tomatoes was the cause. In the weeks that followed, a major outbreak spread across the country and worried consumers abandoned tomatoes. Fourth of July cookouts were not the same, and BLT lovers complained that their favorite sandwich was impossibly dry. By the end of July, the outbreak had infected more than 1,200 persons in 42 states.

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