If not to defeat him, to question his judicial beliefs as a way of demarking how they differ from liberal conceptions of jurisprudence. |
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This statute was merely a reenactment of prior statutes which have preserved common law crimes and made them part of our jurisprudence. |
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He had a keen awareness of the ebb and flow of history, and of the need for consistent jurisprudence, and, above all, self-restraint. |
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However, more recent jurisprudence demonstrates a judicial resistance towards slavish adherence to that rule. |
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The Texas statute is sumptuary law that has no value in jurisprudence or society. |
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Still, originalism is the only jurisprudence fully compatible with our form of government. |
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The Supreme Court's decision became jurisprudence and was used in similar cases, not only among the Bataks but also other ethnic groups. |
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These were public employees who were expected to hold degrees or doctorates in administration or jurisprudence. |
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Its factual jurisprudence is slapdash, sloppy, and, too often, supercilious. |
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There does not seem to me to be a fundamental issue of jurisprudence at stake, but more a question of evidence. |
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The international jurisprudence to which we have referred does not touch this problem that we are concerned with, does it? |
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Born in Lisbon, he studied history, philosophy, and jurisprudence at the University of Lisbon. |
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After the war, he earned a doctorate in jurisprudence from the Brooklyn Law School. |
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Furthermore, much jurisprudence had accumulated regarding the interpretation of the offences punishable in terms of the new Statute. |
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In terms of legal analysis, you can argue plausibly that all I have done is to apply in large measure well-established jurisprudence. |
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That is what we call jurisprudence, it is the philosophy and decision-making that underlies our legal system. |
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The whole course of this area of jurisprudence is that similar functions can be discharged both on an executive basis and a judicial basis. |
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Further, the overwhelming body of international jurisprudence favours the application of a subjective test. |
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Finally, the development of European Human Rights Law engages some of the most basic issues of jurisprudence. |
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It is not my intention to review the relevant jurisprudence in this ruling. |
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When the Supreme Court reversed Newdow on narrow technical grounds, Kennedy was spared from facing the consequences of his own jurisprudence. |
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Only Richard Hooker can count as a precursor, and then merely in one limited branch of philosophy, that of jurisprudence. |
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This is obviously against Islam's own well-established principles of jurisprudence and legislation. |
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And in the realm of equity jurisprudence, he is attuned to making the common law make sense. |
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For the others, he was majoring in archaeology and forensics, and I was taking courses in law and jurisprudence. |
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Perhaps so, if the present masters of jurisprudence in the law schools and on the courts are in unchallengeable control. |
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That vision informs much of the court's jurisprudence from the 1880s onward. |
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This is a topic which highlights some of the difficulties which are created if the claimants' views of European jurisprudence are right. |
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With the jurisprudence in mind, I turn to the application of the factors to the case at hand. |
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I would add that in European jurisprudence and in domestic practice this is a strong rule. |
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The developing jurisprudence in relation to Article 6 suggests that a reasoned decision is a concomitant to a fair hearing. |
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Is there any apt analogies with our thinking about the common law or European jurisprudence at all? |
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We must convince our legislators to place roadblocks in the almost criminal misuse of American jurisprudence. |
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The approach under the Strasbourg jurisprudence and under English domestic law is the same. |
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The jurisprudence of capital punishment imposes a tremendous burden on jurors. |
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To call this graymail or blackmail is to demonstrate a fundamental misunderstanding of criminal jurisprudence. |
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The right to life has been a fruitful source of environmental jurisprudence in several national jurisdictions, especially India. |
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I do not myself consider that the Strasbourg jurisprudence can be so neatly encapsulated. |
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It is inconsistent with our jurisprudence, it is inconsistent with that of other common law countries. |
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The third commandment also historically shaped American law and jurisprudence. |
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Well, it would be in a whole new jurisprudence so far as the prosecution of Commonwealth offences were concerned in this country. |
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In a democratic country like India, there is a well-defined Constitution, jurisprudence and other laws. |
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Supreme Court jurisprudence on journalist privileges has been both limited and confusing. |
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And in the process she betrays all her own careful jurisprudence around race. |
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As you may have heard, he has been branching out from talk radio into jurisprudence and constitutional law. |
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Surely, there is some useful text on the European jurisprudence. |
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This reliance on custom over jurisprudence was evident in Nazma's case. |
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In American jurisprudence this is called judicial legislation. |
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In fact, Michigan started the downward trend in takings jurisprudence. |
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Unwittingly, the Ukrainian-born, German POW and death camp guard reversed over 140 years of German jurisprudence. |
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As have been many black leaders in corporate America, in universities, in industry, in media and in jurisprudence in our nation. |
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The court decision set a new and courageous precedent in German jurisprudence. |
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Although no new principles were enunciated by the Court, the full impact of its radical jurisprudence only really came home to many British parliamentarians with this case. |
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It is supremely ironic that the Ninth Circuit is the court of appeals that is taking the Supreme Court's new Commerce Clause jurisprudence the most seriously. |
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But I cannot see the House of Lords' decision as some sort of cataclysm which has put a quarter of a century's family jurisprudence into antediluvian obsolescence. |
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But nothing in the Convention jurisprudence requires courts to shut their eyes to the practical realities of litigious life even in a reasonably well-organised legal system. |
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Both are forbidden by both biblical and modern American jurisprudence. |
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According to Reinhold Zippelius many advances in law and jurisprudence take place by operations of critical rationalism. |
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The state of New South Wales is particularly well known for the strength of its Equity jurisprudence. |
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To put it charitably, this is the jurisprudence of the simpleton. |
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The jurisprudence of judicial duelling in Italy is particularly well documented in the 15th and 16th centuries. |
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Coke's jurisprudence centres on the hierarchy of the judges, the monarch, and Parliament in making law. |
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In the US, traditions of the lex mercatoria prevailed in the general principles and doctrines of commercial jurisprudence. |
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The Common Law has been continuously in print since 1881, and remains an important contribution to jurisprudence. |
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These views endeared Holmes to the later advocates of legal realism, and made him one of the early founders of law and economics jurisprudence. |
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Thus, the court essentially introduced the legal concept of nulla poena sine lege into federal jurisprudence. |
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The rule of law applied in the jurisprudence constante directly compares with stare decisis. |
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Civil law has its own respect for established precedent, the doctrine of jurisprudence constante. |
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However, the Court did not decide whether or not the new ruling applied to equity jurisprudence. |
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Modern jurisprudence began in the 18th century and was focused on the first principles of the natural law, civil law, and the law of nations. |
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The word may have come via the French jurisprudence, which is attested earlier. |
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Another approach to natural law jurisprudence generally asserts that human law may be supported by decisive reasons for action. |
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In particular, the older natural lawyers, such as Aquinas and John Locke made no distinction between analytic and normative jurisprudence. |
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Bentham's views about law and jurisprudence were popularized by his student, John Austin. |
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Hart revived analytical jurisprudence as an important theoretical debate in the twentieth century through his book The Concept of Law. |
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Any categorisation of rules beyond their role as authority is better left to sociology than to jurisprudence. |
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In view of such concerns, legislation and jurisprudence developed mitigative measures. |
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Judge Posner did not persuade me that his instrumental, purely policy-based jurisprudence is superior to Jonesian common law judging. |
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Virtue jurisprudence is the view that the laws should promote the development of virtuous characters by citizens. |
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Historical jurisprudence came to prominence during the German debate over the proposed codification of German law. |
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Teitel advances a claim of extensive pertinence for her jurisprudence or metapolitics. |
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More recent scholarship on Bacon's jurisprudence has focused on his advocating torture as a legal recourse for the crown. |
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Legal studies were marked by the steady advance of Roman law into areas of jurisprudence previously governed by customary law. |
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Literacy increased, as did development in the arts, architecture and jurisprudence, as well as liturgical and scriptural studies. |
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Contemporary virtue jurisprudence is inspired by philosophical work on virtue ethics. |
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To unveil the Hobbesianism hidden in English jurisprudence, let us return to Al-Jedda. |
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It should be noted, however, that socialist legality itself still lacked features associated with Western jurisprudence. |
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Louisiana courts, for instance, operate under both stare decisis and jurisprudence constante. |
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The doctrine of jurisprudence constante also influences how court decisions are structured. |
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The Ottoman Empire was always organized around a system of local jurisprudence. |
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A line of similar case decisions, while not precedent per se, constitute jurisprudence constante. |
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Legislative bodies which codified these laws sought to modernize them without abandoning their foundations in traditional jurisprudence. |
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In contrast, in civil law systems, case law only acquires weight when a long series of cases use consistent reasoning, called jurisprudence constante. |
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After the publication of The Theory of Moral Sentiments, Smith began to give more attention to jurisprudence and economics in his lectures and less to his theories of morals. |
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Tinta, an international lawyer, thoroughly examines the issue of children's rights as it pertains to the jurisprudence Inter-American Court of Human Rights. |
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Sovereignty is understood in jurisprudence as the full right and power of a governing body to govern itself without any interference from outside sources or bodies. |
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Because contemporary equal protection jurisprudence focuses on motive, courts have failed to meaningfully address the pipeline's systemic invidiousness. |
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Canonical jurisprudence, however, differs from Civil law jurisprudence in requiring the express or implied consent of the legislator for a custom to obtain the force of law. |
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The Rasulid sultans built numerous Madrasas to solidify the Shafi'i school of thought, which is still the dominant school of jurisprudence amongst Yemenis today. |
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Williams, sounded the two themes of defense of and deference to grand juries that have resonated throughout the Court's jurisprudence in this area. |
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A scholar with a specialty in fiqh or jurisprudence is known as a faqih. |
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Analytic, or 'clarificatory', jurisprudence means the use of a neutral point of view and descriptive language when referring to the aspects of legal systems. |
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The 1825 Code, however, which had the express purpose of repealing earlier Spanish law, elevated French law as the main source of Louisiana jurisprudence. |
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They could also make a schedule for memorizing some Ahadeeth starting with the Forty Hadeeth, and learning some of the principles of jurisprudence and Da'wah. |
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Aristotle moves from this unqualified discussion of justice to a qualified view of political justice, by which he means something close to the subject of modern jurisprudence. |
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Twelver Shiism developed Ja'fari jurisprudence whose branches are Akhbarism and Usulism, and other movements such as Alawites, Shaykism and Alevism. |
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The intendants' trumped-up claims to tax the allods forced the Dijonnais avocats not only to do research but to celebrate what was, for them, a living feudal jurisprudence. |
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In Britain, previous to this EU jurisprudence, a series of laws introduced during the 1980s by Margaret Thatcher's government restricted closed and union shops. |
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Holmes' summer house in Beverly, Massachusetts, was designated a National Historic Landmark in 1972, recognition for his contributions to American jurisprudence. |
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This may be compared to the jurisprudence of the United States Supreme Court, which has also adopted a somewhat broad interpretation of the right to privacy. |
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In actual practice, an increasing degree of precedent is creeping into civil law jurisprudence, and is generally seen in many nations' highest courts. |
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Other forms of social philosophy include political philosophy and jurisprudence, which are largely concerned with the societies of state and government and their functioning. |
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A further relatively new field is known as therapeutic jurisprudence, concerned with the impact of legal processes on wellbeing and mental health. |
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