The Nature and Value of Vagueness in the Law

Sample chapter from H. Asgeirsson, The Nature and Value of Vagueness in the Law (Hart Publishing, 2020), in which I present and partially defend a version of what has come to be called the communicative-content theory of law. Book abstract: Lawmaking is – paradigmatically – a type of speech act: people make law by saying things. It is natural to think, therefore, that the content of the law is determined by what lawmakers communicate. However, what they communicate is sometimes vague and, even when it is clear, the content itself is sometimes vague. The monograph examines the nature and consequences of these two linguistic sources of indeterminacy in the law with the aim of providing plausible answers to three related questions: In virtue of what is the law vague? What might be good about vague law? How should courts resolve cases of vagueness

Law and (dis)order in the ancient Near East : proceedings of the 59th Rencontre Assyriologique Internationale held at Ghent, Belgium, 15-19 July 2013

Mesopotamia is often considered to be the birthplace of law codes. In recognition of this fact and motivated by the perennial interest in the topic among Assyriologists, the 59th Rencontre Assyriologique Internationale was organized in Ghent in 2013 around the theme &;Law and (Dis)Order in the Ancient Near East.&; Based on papers delivered at that meeting, this volume contains twenty-six essays that focus on archaeological, philological, and historical topics related to order and chaos in the Ancient Near East. Written by a diverse array of international scholars, the contributions to this book explore laws and legal practices in the Ur III, Old Babylonian, Middle Assyrian, and Neo-Assyrian periods in Mesopotamia, as well as in Nuzi and the Hebrew Bible. Among the subjects covered are the Code of Hammurabi, legal phraseology, the archaeological traces of the organization of community life, and biblical law. The volume also contains essays that explore the concepts of chaos/disorder and law/order in divinatory texts and literature. Wide-ranging and cutting-edge, the essays in this collection will be of interest to Assyriologists, especially members of the International Association for Assyriology

Common Law, Civil Law, and Colonial Law

This book's audience will be academics and undergraduate and postgraduate students working in the fields of legal history and comparative history, as well as History and Law more generally. The essays will also be of interest to practitioners with an interest in legal history. This title is also available as Open Access on Cambridge Core

Electronic Publishing in Higher Education: How to design OAI interfaces - Recommendations -

The Open Archives Protocol for Metadata Harvesting (OAI-PMH) allows sharing metadata serving to describe arbitrary objects with others. In addition to a short overview of the protocol the paper on hand contains recommendations for the application of Sets by German data providers and for the proper usage of the metadata elements of Dublin Core (DC). Thereby the target is pursued to ensure an efficient metadata exchange between the different users of the OAI protocol

A TJ Approach to Mental Disability Rights Research: On Sexual Autonomy and Sexual Offending

We believe it is impossible to understand the development and the power of therapeutic jurisprudence (TJ) without acknowledging that its roots in mental disability law have continued to expand and flourish over the decades, and that there is no other substantive area of the law in which every aspect – substantive and procedural, civil and criminal, statutory and constitutional. domestic and international – has been weighed and evaluated using a TJ lens. In this chapter, we consider how those roots have shaped the last three decades of research and the implications of what has developed. We look carefully at two sub-sets of mental disability law developments: the law of sexual autonomy and the law of sexually violent predators.We conclude that, while TJ has spread far and wide (substantially through David Wexler’s dual focus on the therapeutic design of the law (TDL) and the therapeutic application of the law (TAL)), it is still the area of mental disability law that is its heart and soul. We believe that all TJ practitioners ought to take seriously the scholarship that has developed in this specific area so as to shed light on TJ’s potential application to all other aspects of the law – substantive, procedural and structural

Transitional justice and the public sphere: engagement, legitimacy and contestation

- Divulgação dos SUMÁRIOS das obras recentemente incorporadas ao acervo da Biblioteca Ministro Oscar Saraiva do STJ. Em respeito à Lei de Direitos Autorais, não disponibilizamos a obra na íntegra.- Localização na estante: 351.87 T772j- Chrisje Brants e Susanne Karstedt são os editores da obra