Sentences with phrase «law tradition»

This is in contrast with the common law tradition, in which judges can create new law.

All this sounds persuasive, yet it is precisely what the older tradition, the natural law tradition, denies.

However, sometimes their actions fit within a common - law tradition of absolute immunity.

Even if it was never adopted (to my knowledge) in other countries including those sharing the common law tradition, this rule made sense.

The most familiar example of the first problem mentioned above is probably the natural law tradition's struggle over nature and reason.

It should be pointed out that Indigenous laws and legal orders are separate and distinct from common and civil law traditions that are taught in university law schools.

After all, it was the commercial legal publishers who helped to create the common law tradition in the first place by collecting and publishing reports of court cases centuries before any government expressed any interest in the subject.

«We are talking about an allegation against a member, and we are in a common law tradition where you are innocent until proven guilty, so if any party member expresses the wish to solidarise with anybody innocent, I do not think there is a breach anywhere.»

In the article, A Copyright Conundrum: Protecting Email Privacy, Ned Snow, assistant professor at the University of Arkansas School of Law, finds a 250 - year - old common law tradition granting copyright protection to authors of personal correspondence.

The legal system of Venezuela belongs to the Continental Law tradition.

Speaking in Westminster Hall in 2010, Pope Benedict XVI spoke movingly about Britain's heritage of constitutional government: «Your common law tradition serves as the basis of legal systems in many parts of the world, and your particular vision of the respective remains an inspiration to many across the globe».

One might think, then, that Jews and Christians wouldn't have a natural law tradition because they wouldn't need it.

But again, rather than throwing away the apple, Ruether cuts out the bruise and makes a pie: the true common good is not, as the natural law tradition claimed, the good of human interrelationship but of global — even cosmic — cooperation.

It would not be surprising, though, to see some mischaracterization of the classical natural law tradition by those seeking to make political hay of Judge Gorsuch's graduate study under the supervision of John Finnis.

Together these philosophers have supplied a new interpretation of Aristotle's ethics and the Thomist natural law tradition which has allowed Robert P. George and like - minded writers to make a fruitful (in some aspects) and definitely noticeable moral critique of American politics and culture.

Sorbonne's global leadership in legal education and its rich heritage in the civil law tradition make it an ideal partner in our quest for trans - systemic legal system development.»

Speaking in generalities and conscious of the many exceptions to weaken the statement, for the most part, Wolters Kluwer comes from and is most comfortable in the European, multi-lingual, Civil Law tradition while Thomson Reuters and LexisNexis are happier in that of the English - speaking, Common Law world.

Because Ireland will be «the only remaining English - speaking, common law tradition country in the EU and eurozone, it makes [Ireland] the logical gateway for investment for countries that share that heritage,» including the US and Canada, as well as Australia and New Zealand, according to Black.

And in case you missed it last week in this space, WGC notes that the demand created by lower Indian salaries and training in the same British - common - law tradition embraced in the U.S. has grown the number of Indian companies on London's and Ron Friedmann's list of Outsourced Legal Service vendors to 29.

The common law tradition emerged in England during the Middle Ages and was applied throughout British colonies worldwide.

This additional day, February 29, also has some legal lore surrounding it in the Scottish law tradition.

In Souza v. Sheriff of Bristol County, the SJC rejected the sheriff's argument that common law traditions dating back to the early days of English history gave him this power.

The civil law tradition developed in continental Europe at the same time and was applied in the colonies of European imperial powers such as Spain and Portugal.

I realize low oil prices may dictate cost cutting but in a time when our due process and rule of law traditions seem to be slipping away one would hope Mr. Prentice would lead the way in «seeing that justice is done and SEEN to be done».

Macau's legal system has Portuguese law as its main reference, belonging to the civil law tradition of continental Europe, which originates from Roman law and is based on written legislation — statutes and codes — as its main source of law.

The Province of Quebec has a court system much different from the other Canadian provinces, which applies many of the civil law traditions of France.

In agreement with most nonteleological expressions in the liberal political tradition, this theory affirms that rights articulate a universal or natural moral law; but, against the persisting weight of the modern natural law tradition, the universal right to general emancipation is not bound to the assertion that human rights are independent of any inclusive good.

Schlueter maintains that the founders continued the pre-modern natural law tradition in their handiwork, citing references to the «common good» — a key concept in natural law — in founding documents.

The Canadian common law tradition of resolving family law disputes in court dates to the establishment of the English Court for Divorce and Matrimonial Causes by the 1857 Divorce and Matrimonial Causes Act, but, apart from custom and legislative preference, there is otherwise no particular reason why it must be the courts which deal with family law disputes.

According to the natural law tradition, a right is a spiritual entitlement, a moral power to do (e.g., to walk in one's garden), hold (e.g., to keep a family heirloom), or exact something (e.g., to demand the payment of a debt).

George and Bradley's strongest argument for their position on sexual morality relies upon tradition, including common law tradition.

The FIRST PRINCIPLES SEMINAR: MORAL AND POLITICAL PHILOSOPHY IN THE NATURAL LAW TRADITION is an intensive two - week program for advanced undergraduate and graduate students under the direction of Thomas D'Andrea (University of Cambridge) and Christopher Tollefsen (University of South Carolina), with guest lecturers Hadley Arkes (Amherst College), Robert George (Princeton University) and Daniel Robinson (Oxford University).

What Holmes was fighting was not formalism but the natural law tradition, the philosophy that there is an objective moral order ascertainable by reason.

In recent discussion, some so - called communtarian or republican thinkers have, in their own way, challenged the Kantian and, thereby, the modern natural law tradition.

(This version of First and Second Goods and their respective modes of fulfillment is adumbrated in the moral theology of Alfonsus Liguori and the practical philosophy of Bernard Lonergan, each of whom understood himself as part of the natural law tradition.)

His broader «right to be let alone,» announced in Olmstead, comes almost totally untethered from both common - law tradition and constitutional text.

In my years here, I have taken a seminar on just war that drew generously from Catholic teachings, a lecture class on religion and the law in which we read Pope Benedict XVI, and a jurisprudence survey course where several of our assignments focused on the natural - law tradition.

He created the cat and the mouse,» It is as though Singer has adopted one of the most curious of the principles from the natural - law tradition: «Only that ought not be which can not be.»

Roman Catholic sexual ethics, with its strong natural law tradition and clearly defined ecclesiastical teaching authority, has been more inclined toward objective sexual norms than has Protestant ethics with its heavy scriptural orientation.

Plato and Aristotle initiated what was later to be called the natural - law tradition.