Punishing Atrocity Crimes in Transitional Contexts: Advancing Discussions on Adequacy of Alternative Criminal Sanctions Using the Case of Colombia [0.03%]
转型期背景下惩罚暴行罪:利用哥伦比亚案例推进关于替代刑事制裁充分性问题的讨论
Beatriz E Mayans-Hermida,Barbora Holá
Beatriz E Mayans-Hermida
Criminal trials and proportional prison sentences are generally seen as the most suitable way to deal with perpetrators of atrocity crimes. Notwithstanding, traditionally conceived criminal penalties, such as imprisonment, may discourage ac...
The Official Story of the Law [0.03%]
法律的官方故事
William Baude,Stephen E Sachs
William Baude
A legal system's 'official story' is its shared account of the law's structure and sources, which members of its legal community publicly advance and defend. In some societies, however, officials pay lip service to this shared account, whil...
Tarunabh Khaitan,Sandy Steel
Tarunabh Khaitan
This article addresses three fundamental questions about a key phenomenon in special jurisprudence, 'areas of law': (i) what is an area of law; (ii) what are the consequences of dividing law into distinct areas; and (iii) what constitutes t...
Comparative Lessons in Sectional Title Laws: Mitigating Urban Inequality in South Africa [0.03%]
区分所有法中的比较性课程:缓和南非的都市不平等
Edward S W Ti
Edward S W Ti
Urban inequality in South Africa is a formidable problem that is linked to the injustices of its historical apartheid past. This paper identifies sectional titles, a form of property ownership where proprietors wholly own their apartment un...
Future-Proof Regulation against the Test of Time: The Evolution of European Telecommunications Regulation [0.03%]
历久弥新的未来法规:欧洲电信法规的演变
Pablo Ibáñez Colomo
Pablo Ibáñez Colomo
Regulation is sometimes designed to be future-proof, so that it can adapt to changing economic and technological realities. The EU (and UK) Regulatory Framework for electronic communications was expressly crafted to be able to adjust to the...
Ralph Henham
Ralph Henham
Despite the recent consolidation of sentencing law and procedure, the fundamental values which underpin the policy and practice of sentencing in England and Wales have remained largely unchanged since the deserts-based model introduced by t...
Two Attitudes towards Textuality in International Law: The Battle for Dualism [0.03%]
国际法中关于文本性的两种态度:二元论之战
Jean dAspremont
Jean dAspremont
This article sketches out two distinct attitudes towards textuality in international law, namely international hermeneutics and international poetics. It argues that these two attitudes towards textuality espouse very different types of dua...
Constitutional Reform by Legal Transplantation: The United Kingdom Internal Market Act 2020 [0.03%]
通过法律移植进行宪法改革:英国《2020内部市场法》
Thomas Horsley
Thomas Horsley
This article develops the comparative law framework on legal transplantation to theorise the impact of the United Kingdom Internal Market Act 2020 (UKIMA) on the UK constitution across three registers of analysis-the territorial, the materi...
Andrew Cornford
Andrew Cornford
How should criminal conduct be divided among different offences? To date, this question has received only one serious answer: the fair labelling principle, which states that distinctions among offences should reflect distinctions in the nat...
Tom Hickey
Tom Hickey
Sceptics of judicial review-from Jeremy Waldron to those in the Judicial Power Project-have tended to attribute to their opponents an erroneous prioritisation of 'justice' over 'legitimacy'. They claim that those who make the case for judic...