Sentences with phrase «jurisprudence for»

Sauer, however, did not explore the proximity issue in depth, leading Doherty J. to conclude that there is no definitive requirements in the jurisprudence for proximity in pleadings,

This session is a refresher course on the Court of Queen's Bench Act and Rules as well as the underlying jurisprudence for the awarding and fixing of costs in Manitoba.

The dominant strain in the jurisprudence for the past several decades has held that an intention to commit the act that breached the order is sufficient, and whether or not the contemnor intended to breach the order is a matter to be considered when determining the appropriate sanction.

However, Mora Johnson, an Ottawa lawyer who specializes in anti-corruption, says you just have to look at the jurisprudence for law societies across the country in CanLII to find them.

Not exact matches

In bold and sweeping Reasons for Judgment on behalf of a 5 - 2 majority, Justice Rosalie Abella overturned the Court's previous jurisprudence and recognized a constitutionally protected right to strike under section 2 (d) of the Canadian Charter of Rights and Freedoms.

Whatever your view of Second Amendment jurisprudence, Trump's flippant comments showed a startling indifference for foundational rights that are enumerated in the Fourth, Fifth and 14th amendments.

The Howey and Reves tests could both be applied — for example, even if a token is not an investment contract under Howey jurisprudence, it could be considered a security under Reves.

Probably creationist don't turn to Leviticus 13 for medical advice on how to treat skin disease (leprosy); nor do they turn to Joshua 6 (Siege and fall of Jericho) for lessons in military science; nor do they turn to the staple of ancient legal science in Exodus 21:23 - 2 (lex talons «eye for an eye, tooth for a tooth») for modern jurisprudence.

The late Justice William J. Brennan, Jr. was apotheosized at his death by the New York Times for the rich legacy the Times deemed he had conferred on American jurisprudence.

Nor should it have been a surprise that the Court, having successfully claimed for itself the authority to write a «living Constitution» based on penumbras and emanations, should assume the roles of National Metaphysician and National Nanny (as it did in Casey, with its famous «mystery of life» passage and its hectoring injunction to a fractious populace to fall into line behind the Court's abortion jurisprudence).

Moral Foundations of Law: for law students and graduate students in jurisprudence, a seminar in moral and legal philosophy.

that innovation in constitutional jurisprudence greased the skids for a 23 - year slide through social liberalism.

Second, Arkes» jurisprudence seems to be lost on Prof. Smolin, for he employs — without any sense of irony — many of the fallacies Arkes surgically dismantles in the very book about which Smolin has offered his opinion.

Nowhere does he set forth the argument of the book, and on natural rights jurisprudence generally, he uses Arkes as a kind of foil for his own reservations — again, without ever delineating Arkes» position.

Study Islamic Jurisprudence (try the Distinguished Jurist's Primer, or Reliance of the Traveller for starters).

It is Professor Arkes» larger claims for a natural law constitutional jurisprudence — claims advanced by Professor Hittinger and Mr. Ball as well — that, it seems to me, land the whole enterprise in trouble.

The Integrative Jurisprudence of Harold J. Berman Edited by Howard O. Hunter Westview, 164 pages, $ 59 A much - deserved festschrift for a jurist who has made an inestimable contribution to understanding the connections between law, morality, culture, and religion.

Most recently, federal courts of appeal for the Second and Ninth Circuits» the latter court relying explicitly on the abortion jurisprudence of Roe and its progeny» have invalidated laws prohibiting physician - assisted suicide in New York and California.

After reviewing the apparent collapse of the freethinking movement after 1900, Schmidt turns to the post-war shift in Supreme Court jurisprudence: the rejection of blasphemy laws, limits on the school - supported study of religion, and the overturning of theistic requirements for public office or jury service.

(It is curious that Arthur does not extend his denunciation to Justices Holmes and Black, for they, like Bork, would also be loath to engage in a jurisprudence grounded in abstract, non-textual claims of natural rights.

Bork, Arthur contends, is far afield precisely because he grounds his jurisprudence in a moral skepticism and positivism that denies «claims of natural rights» as discovered, for example, in «Jefferson's ringing endorsement of self - evident rights in the Declaration of Independence and the Federalists» insistence on separation of powers and the adoption of the Bill of Rights.»

Tradition has it that a part of every day Mohammed set aside to receive the complaints and suggestions of the citizens of Medina, and by his often simple and homely settlement of the important or unimportant issues brought before him, he set the pattern for ages to come in Moslem jurisprudence.

Even in those structures of justice aiming to be completely impartial — the apprehension of lawbreakers and the affixing of penalties for crime — the best jurisprudence takes into account the maturity and the motive of the offender and the possibilities of remedial as well as of punitive treatment.

The first group has clearly worked out principles of jurisprudence as a guide, with accepted procedures for legal actions, while the second group uses only testaments and Tradition as guides for their actions.

These four books, written by great religious scholars, are the basis for Shi`a jurisprudence; after the Qur» an, they are the sources of law for religious leaders in Shi`a.

Natural law for Novak forms an essential part of all Jewish theology and jurisprudence because, above all, nature is God's gift» is, in other words, a product of God's will.

For Novak, however, nothing could be more disastrous for Judaism than to admit Socrates, Plato, the Stoics, Grotius, and Kant into the operative logic of Jewish jurisprudence, for not only did the ancient advocates of natural law such as Plato and the Stoics lack a doctrine of creation, but even Grotius and Kant» devout monotheists though they were» imported a false philosophy into God's sovereign dealings with the human raFor Novak, however, nothing could be more disastrous for Judaism than to admit Socrates, Plato, the Stoics, Grotius, and Kant into the operative logic of Jewish jurisprudence, for not only did the ancient advocates of natural law such as Plato and the Stoics lack a doctrine of creation, but even Grotius and Kant» devout monotheists though they were» imported a false philosophy into God's sovereign dealings with the human rafor Judaism than to admit Socrates, Plato, the Stoics, Grotius, and Kant into the operative logic of Jewish jurisprudence, for not only did the ancient advocates of natural law such as Plato and the Stoics lack a doctrine of creation, but even Grotius and Kant» devout monotheists though they were» imported a false philosophy into God's sovereign dealings with the human rafor not only did the ancient advocates of natural law such as Plato and the Stoics lack a doctrine of creation, but even Grotius and Kant» devout monotheists though they were» imported a false philosophy into God's sovereign dealings with the human race:

Nord's plan for teaching religion as religion under existing First Amendment jurisprudence will not please everyone who seeks more religion in the schools.

As the seminar returned to the original briefs in Roe v. Wade, seeing them now through the lens of our concern about conservative jurisprudence, something now sprang out: The lawyers for the state of Texas had set forth in their brief an even richer form of the essay produced earlier by Paul Ramsey.

The justices on the current Court will do the real work of jurisprudence if they draw on the briefs, take the time to set forth the evidence, and show why the state or the federal government has a compelling case for casting around infants in the womb the full protection of the law.

Conservative lawyers and judges have had no special reverence for Holmes, but they have backed themselves into a comparable understanding as they have recoiled from what they see as the vice of liberal jurisprudence: a cavalier willingness to appeal beyond the text of the «positive law,» the law that is posited or enacted, either in statutes or in the body of the Constitution.

If an erroneous, and indeed pernicious, metaphor has dominated American jurisprudence and public discourse for years, then correcting that error would yield real - world changes in law, politics and society.

But whether or not the dissent, cast in those terms, would have caused Stewart or other justices to peel away from the majority; whether or not it would have made any difference to the outcome of that case; it would have made the most profound difference for the coherence of conservative jurisprudence.

For the study of theologv and jurisprudence the classical work by al - Sanusi is available, with interlinear translation in Malay, and other works which follow the Shafi'i school of law chiefly, although the Hanafi school is also represented in some writings.

Ibn Battuta says that Islam had been established there for almost a century and tells of the piety, humility, and religious zeal of the king who, like his people, was a follower of the Shafi'i school of jurisprudence.

This line of jurisprudence, for a time, steered clear of the motivational analysis used in religion cases.

Most recently, federal courts of appeal for the Second and Ninth Circuits — the latter court relying explicitly on the abortion jurisprudence of Roe and its progeny — have invalidated laws prohibiting physician - assisted suicide in New York and California.

It is not surprising that abortion extremists have blasted the justice for «selling out the sisterhood» and for being «just a good Catholic girl» who «put her religion ahead of her jurisprudence.»

James Bogle looks at the historical roots of the current undermining of fatherhood and the family by means of experimental laws and jurisprudence, the latest manifestation of which is the government's Human Fertilisation and Embryology Bill which goes so far as to try and eliminate legal fatherhood for children in certain circumstances.

Those decisions are now taken as the touchstone for liberal jurisprudence.

The training school of liberalism is now in the schools of law, and for liberal jurisprudence the new age in the law begins in 1965 with Griswold v. Connecticut, the decision on contraception and privacy, the decision that prepared the ground for Roe v. Wade and the «right to an abortion.»

To emphasize the rationality of validity claims, warrants, and backings may be useful for understanding jurisprudence and political discourse.

You and your allies have opened a very big can that has stood society in pretty good stead for about 5,000 years of societal evolution and centuries of jurisprudence.

Importantly, however, for Smith economics was a part of his account of jurisprudence — the part that deals with «police, revenue, and arms.»

Professor of International Law and Jurisprudence, University of Lagos, Akin Oyebode is set to deliver a paper on the Strategic Dialogue on Mobilizing the Citizens to Demand Anti-Corruption Reforms and an End to Impunity for Grand Corruption in Nigeria being organized by Socio - Economic Rights and Accountability Project (SERAP) in collaboration with the National Endowment for Democracy (NED).

For the avoidance of any doubt, let me quote the relevant Articles of the 1992 Constitution that I seek to rely on to state my case in the development of constitutional jurisprudence vis - à - vis the Montie case.

This is relevant for therapeutic jurisprudence, and the rights of detained persons.

Have we found, then, the brain center for jurisprudence?

But a human reviewing its output would conclude that, for instance, the documents typified by the words «jurisprudence» and «appellate» are legal documents, while those typified by «tonality» and «harmony» are music - theory papers.

For all the stereotypes in the hothouse atmosphere (which was exaggerated in 1967 and almost cartoonish now), it's also awfully entertaining (Fonda's act with Caine's saxophone is classic Preminger pushing the envelope of the ratings code) and full of eccentric color (Burgess Meredith as a corrupt judge whose show of jurisprudence and objectivity is so contrived it's as if he's flaunting his corruption).