Global ETD Search
Search theses and dissertations gathered from participating repositories worldwide. Every result links back to the library that holds it. No account is needed.
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Showing 1 to 16 of 16 for “"Legal Thought"”.
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A global theory of justice for new governance : from process to substance with 'parity of participation'
… is a new and rapidly growing strand of legal thought and practi ce that has simultaneously developed a following in Europe and the United States. In short, legal scholars in this field of research are advocating a shift away from long-standing command-style, fixed-rule regulation toward …
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Canadian Contract Law Teaching and the Failure to Operationalize: Theory Practice, Realism Formalism, and Aspiration Reality in Contemporary Legal Education
… the relationship between theory and practice in legal education. Professors express a widespread aspiration to translate theory into practice – to incorporate theoretical and critical perspectives as a means of producing “better lawyers.” However, an analysis of the substantive theoretical …
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A ROMAN LAW PERSPECTIVE ON SUPERVENING EVENTS IN CHINESE CONTRACT LAW
… is situated within the "Schipani School", a legal research school of thought that emerged in the late 1980s following China’s legal and economic opening. It examines the evolution of force majeure and the doctrine of change of circumstances in Chinese civil law, tracing their conceptual roots …
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A Legal History of Narrowing Ambitions: The Rise of Human Rights in Inter-American Regional Law and Organisation
… and 1969 were part of broader struggles over the legal ordering of regional geopolitical and economic relations. These forgotten struggles involved contested visions of sovereignty, collective security, and economic cooperation, articulated in the language of international law. Second, showing the …
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The Relevance And Influence Of The South African Constitution On Maritime Law
… Constitution has invigorated our entire body of legal science ... (and) has rejuvenated legal thought across the whole spectrum of law teaching and research "1 Professor Marrinus Wiechers. Maritime Law is no exception to the new era of constitutional democracy that this country has embarked on. …
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Exploring Legal Frameworks and Social Realities: A Comparative Study of Ismāʿīlī Women in Fatimid Egypt and the Contemporary Dawoodi Bohra Community
… influence of Kitāb Daʿāʾim al-Islām, the seminal legal text by the eminent Fatimid jurist al-Qāḍī al-Nuʿmān, on the lives of Ismāʿīlī women in Fatimid Cairo and its enduring impact on the Dawoodi Bohra community. The study investigates how the legal and doctrinal principles articulated in the …
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Jurists and Orators: Rhetorical and Legal Perspectives on the Roman Family
<p>Roman legal advocacy and legal expertise have long been viewed as two different fields of occupation with different intellectual aims and have therefore been assumed to have had little interaction with one another. More recent scholarship, however, has questioned this dichotomy between orators …
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Cosmopolitan Subjects: An Anthropological Critique of Cosmopolitan Criminal Law and Political Modernity
… try to understand law through the traditions of legal thought, disputation, and practice that preceded legal modernity, especially the classical republican and Roman law traditions in which virtually every aspect of modern legality (except the state and sovereignty) has a basis. It is argued …
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A cultural interpretation of Shāfiʻī's legal doctrine
… b Idris al-Shāfiʻī in the process of Islamic legalism. With reference to Clifford Geertz's model of religion as a cultural system, Shāfiʻī's methodology is presented as a process which expresses a certain cultural reality. That reality expresses an interrelationship between a world view- the …
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The Study of Exception: A methodological reflection on Agamben’s problematisation of the relation between law and life
… of power, to be understood as a form of thought – i.e. the power of thought – which has left its mark, or better, its signature, on the politico-juridical tradition of the West, determining the ways in which life has been conceptualised and, eventually, lived by the subjects who have …
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Tinkering with Student Speech in the Age of Social Media
… This research project also examines how legal analysts are currently interpreting the issue of school punishment of off-campus online speech to determine how they recommend courts proceed in such cases. Through review of both precedent and law review articles, it examines two branches of …
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Guardians of the Social Collective: The Legal Regulation of Religion and Morality in Modern Egypt
This dissertation examines the history of the legal regulation of religion and religious morality and the discourse of rights pertinent to religion within the modern Egyptian legal system. The dissertation assesses the influence of Islamic legal practices on the modernization of Egyptian juridical …
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Misplaced Methodologies: The Legal Hermeneutics of Muḥammad b. al Ḥasan al-Shaybānῑ (d.189/804)
… was this “unbridled law?” The pre-Shāfian legal culture has largely been considered rudimentary according to the dominant narrative in the field. The story goes on to state that though substantive law (furūʿ) may have matured to a large degree, the systemisation and conceptualisation of a …
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Women and Islamic law in Marinid Morocco
… disputes between ordinary people, and the legal opinions (fatwas) issued by the jurists in response. Both the questions and answers indicate norms, assumptions and practices of legal authorities and ordinary people. The fatwa sources are contextualized with additional legal, historical, …
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A theory of configurative fairness for evolving International legal orders: linking the scientific study of value subjectivity to Jurisprudential thought
Values matter in both legal decision (lawmaking and lawapplying) and<br/>discourse (lawshaping and lawinfluencing). Yet, their purported subjectivity<br/>means that gaining or improving knowledge about values (whether they be<br/>epistemic, legal, moral, ethical, economic, political, cultural, …