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In: Formalism and Pragmatism in American Law
In: Formalism and Pragmatism in American Law
In: Formalism and Pragmatism in American Law
In: Formalism and Pragmatism in American Law
In: Formalism and Pragmatism in American Law
In: The Roots of International Law / Les fondements du droit international
In: The Foundations of Jurisprudence - An Introduction to Imāmī Shīʿī Legal Theory
A Practical Legal Theory from Contemporary China
In Right, Power, and Faquanism, Tong Zhiwei proposes that right and power are ultimately a unified entity which can be named “faquan,” and that the purpose of law should be to establish a balanced faquan structure and to promote its preservation and proliferation. “Faquan” is thus a jurisprudential category reflecting the understanding of the unity of right and power. It has interest protected by the law and property with defined ownership as its content, and manifests itself as the external forms of jural right, freedom, liberty, jural power, public function, authority, competence, privilege, and immunity, etc. Faquanism relies mainly on six basic concepts (faquan, right, power, quan, residual quan and duty) to analyze the content of interests and property in all legal phenomena.
In: The Roots of International Law / Les fondements du droit international
The Normativity of the Singular Case in Art and Law
What is the relationship between the general, abstract norm and the singular, concrete case that sometimes affirms a parallel, contrasting, norm? The present essay engages with this question. The argument stems from an analysis of extraordinary singular cases that sometimes emerge, sometimes are “produced” or “promoted” as exemplary (for strategic reasons, like in law). In this essay Angela Condello argues that approaching normativity in art and law from the perspective of the singular case also illustrates the theoretical importance of interdisciplinary legal scholarship, since the singularity creates room for extra-legal values to emerge as legitimate demands, desires, and needs.