Principle, Practice, and Precedent: Vindicating Justice, According to Law

What's Past is Prologue: Precedent in Literature and Law

The principles Govering Remedies for Breach of Contract According to Expectation Interest In The Modern European law and Iranian law

Freedom of choosing an efficient remedy after the breach of contract, Cumulation of homogeneous remedies and the right to change the selected remedy in modern European contract law have been accepted via the approach of support of the injured party`s expectation interest‌‌‌. The consideration of these principles indicates that the remedies for breach of contract are not concerned in itself and ...

The Practice of Precedent: Anastasoff, Noncitation Rules, and the Meaning of Precedent in an Interpretive Community

Like sailing, gardening, politics, and poetry, law and ethnography are crafts of place: they work by the light of local knowledge. The instant case, Palsgraff or the Charles River Bridge, provides for law not only the ground from which reflection departs but also the object towards which it tends, and for ethnography, the settled practice, potlatch, or couvade, does the same. Whatever else anth...

Natural Law, Justice and Democracy-Some Reflections on Three Types of Thinking About Law and Justice

Intuitions of Justice: Implications for Criminal Law and Justice Policy

Recent social science research suggests that many if not most judgments about criminal liability and punishment for serious wrongdoing are intuitional rather than reasoned. Further, such intuitions of justice are nuanced and widely shared, even though they concern matters that seem quite complex and subjective. While people may debate the source of these intuitions, it seems clear that, whateve...