The law market model posits that the most appropriate resolution of choice-of-law disputes in private international law is to permit individuals to choose ex ante the law that applies to them. This is contrasted to the public law model where courts choose law based on the perceived interests of, or the parties’ connections with, the states or nations involved. The law market model envisions that consumer choice will lead to optimal competition among jurisdictions to supply the most efficient law. This (...) model has influenced the rise of party autonomy, most notably in the widespread enforcement of many contractual choice-of-law and forum-selection clauses. One area that the model has had little influence on is the enforcement of foreign judgments. In the United States, judgments from other countries face higher hurdles in obtaining recognition and enforcement, as compared to judgments issued by courts of sister states. There has been little discussion in the law market literature of the possibility of ex ante contractually waiving these hurdles, or of choosing the law of states that make it easier to enforce foreign judgments. This reticence appears to be based in part on the assumption that state law on such recognition is mandatory and non-waivable, and that such law reflects the sovereign interests of states. Revisiting this regime through the lens of the law market model suggests that courts and public policymakers should permit parties, within broad limits, to contractually waive or select the law on judgment recognition, as they are permitted to do with other areas of law. (shrink)

Both philosophy and linguistics have emphasized the importance of language as a means of dialogue. Despite the fact that Wittgenstein added a new layer of complication to this point of view, the Sapir-Whorf theory, proposed by Edward Sapir and his colleague Benjamin Lee Whorf, helped the impact of language on the mind acquire notoriety. With this idea, language not only continued to be a means of communication but also received recognition in the social science curriculum as a crucial element in (...) the development of personal identities and the process of knowledge assimilation. The effect of language on morality and ethics was the most significant element that philosophers and linguists overlooked in their extensive study. For instance, little is known about how the terms we choose can influence how we understand morality and ethics. The sole subject of this article will be how language influences the moral and ethical decisions we make. To put it another way, how we make choices is greatly influenced by the language or beliefs we use in both public and private life. This means that in order to understand a country’s law or socially accepted norms, it is crucial to closely examine the language that country uses. The options or goals that are publicly acceptable are also closely related to the language, metaphors, and discourses used by a specific society. The contemporary world does not analyze these incidents from a linguistic perspective, but language has contributed to the creation of accepted legal and social standards. (shrink)

This paper employs institutional theory as a theoretical lens and examines the role of status and peer influence on diversity following a change in European labour law in 1995. This change in European labour law, well-known as the Bosman ruling, significantly increased labour mobility in European soccer. The ruling lifted restrictions on the number of foreign players that soccer teams could recruit and eliminated compulsory transfer fees for players whose contracts had ended. We demonstrate that the Bosman ruling, while (...) increasing the number of foreign players on a team, did not uniformly affect all teams. Our investigation indicates that the increase in racio-ethnic diversity in teams depended on the status of teams and on peer influence (the behaviour of similar teams). This setting, though specific to European labour law in the context of soccer, allows an examination of the complex interplay between racio-ethnic diversity, status, and peer influence in a period of institutional change. (shrink)

I contend existing international law frameworks are inadequate for explaining why certain foreign information-based influence campaigns are impermissible or troublesome. Moreover, I posits the warfare paradigm is both limiting and potentially dangerous. I then propose reframing the conversation about foreign information and influence campaigns to focus not on the nationality of the speaker or the source of the idea but rather on whether there is deception or mis/disinformation involved. It is factors like these that arguably render influence impermissible (...) and corrosive to democracy. (shrink)

This unique publication offers a complete history of Roman law, from its early beginnings through to its resurgence in Europe where it was widely applied until the eighteenth century. Besides a detailed overview of the sources of Roman law, the book also includes sections on private and criminal law and procedure, with special attention given to those aspects of Roman law that have particular importance to today's lawyer. The last three chapters of the book offer an overview of the history (...) of Roman law from the early Middle Ages to modern times and illustrate the way in which Roman law furnished the basis of contemporary civil law systems. In this part, special attention is given to the factors that warranted the revival and subsequent reception of Roman law as the 'common law' of Continental Europe. Combining the perspectives of legal history with those of social and political history, the book can be profitably read by students and scholars, as well as by general readers with an interest in ancient and early European legal history. The civil law tradition is the oldest legal tradition in the world today, embracing many legal systems currently in force in Continental Europe, Latin America and other parts of the world. Despite the considerable differences in the substantive laws of civil law countries, a fundamental unity exists between them. The most obvious element of unity is the fact that the civil law systems are all derived from the same sources and their legal institutions are classified in accordance with a commonly accepted scheme existing prior to their own development, which they adopted and adapted at some stage in their history. Roman law is both in point of time and range of influence the first catalyst in the evolution of the civil law tradition. (shrink)

By presenting original research into British legal history, this volume emphasises the historical shaping of the law by ideas of authority. The essays offer perspectives upon the way that ideas of authority underpinned the conceptualisation and interpretation of legal sources over time and became embedded in legal institutions. The contributors explore the basis of the authority of particular sources of law, such as legislation or court judgments, and highlight how this was affected by shifting ideas relating to concepts of sovereignty, (...) religion, political legitimacy, the nature of law, equity and judicial interpretation. The analysis also encompasses ideas of authority which influenced the development of courts, remedies and jurisdictions, international aspects of legal authority when questions of foreign law or jurisdiction arose in British courts, the wider authority of systems of legal ideas such as natural law, the authority of legal treatises, and the relationship between history, law and legal thought. (shrink)

Whatever its other effects, the Soviet-American Cold War helped launch and sustain an era of feverish intellectual activity in the linked fields of international relations theory and foreign policy analysis. One sign of the importance of more recent phenomena with all their resonant impacts may be the continuing ferment in theorizing about international relations, foreign policy and public international law years after the war’s conclusion, a ferment which the 9/11/01 terrorist attack on the United States and its aftermath (...) have intensified. Comprehending the scholarly inquiries and debates in these fields should be important to intellectuals regardless of their professional interests, not only because those inquiries and debates concern profound epistemological and ontological issues, but primarily because they have influenced and continue to influence the trajectory of United States foreign policy. (shrink)

This book compares the respective concepts of the law of nations put forward by the Spanish theologian Francisco Suárez and by the Dutch jurist Hugo Grotius. This comparison is based on the fact that both thinkers developed quite similar notions and were the first to depart from the Roman conception, which persisted throughout the entire Middle Ages and the early Renaissance. In Rome, jus gentium was a law that applied to foreigners within the Empire, and one which was often mistaken (...) for Natural Law itself. These two features can be found even in the works of writers such as Francisco de Vitória and Alberico Gentili. In Suárez and Grotius, the law of nations is applicable to an extra-national domain and inarguably becomes positive law. Yet, it also contains an ethical element that prevents it from transforming into a mere reflection of state interests. This work argues that this resemblance is hardly a coincidence: Grotius has read Suárez, and that influence has modified the foundations of his early thoughts on jus gentium. This should not be taken to imply that the Dutch jurist wasn't original: in both authors, the definition of the law of nations pursues his own internal logic. Nevertheless, Suárez's oeuvre allowed Grotius to solve a fundamental problem touched on in his early writings that had remained unanswered. Accordingly, his oeuvre promises to clarify one of the most significant moments in the History of International Law. (shrink)

In institutional settings affecting the formulation and implementation of international foreign and security policy, nation-states are influenced by Western standards of jurisprudence without explicit concern for religiously grounded legal frameworks. The question at issue here is whether there is a role for Islamic law in the formulation of international law, given recent literature examining this conjunction. For some, cultural symmetry requires attention to Islamic law, e.g., the Islamic law of nations, in the same way Western modernity evolved contemporary international (...) law out of a concept of a “law of nations”. In a historical period of asserted fundamentalist Islamic ideology as well as post-9/11 neo-conservative political ideology, there is ample need for negotiation of culture, including philosophical foundations of law, in which case attention to Islamic jurisprudence may well be a positive development to advance the cause of an evolving international legal order. (shrink)

In May, 2016 the Diet passed a law on the “Promotion of efforts to eliminate unfair discriminatory speech and behaviour against people originating from outside Japan”, widely referred to as ヘイトスピーチ法 (_Heito Supiichi Hō_ /Hate Speech Law). For some residents of Japan it had been a long time coming. Without any laws specifically prohibiting racially discriminatory speech or writing, aggrieved parties had hitherto been forced to resort to indirect lines of protection. In 1999, for example, a Brazilian national ejected from (...) a jewelry shop displaying a poster saying “No foreigners allowed” obtained a favourable ruling citing Japan’s ratification of the International Convention on the Elimination of All Forms of Racial Discrimination; and in 2013 an injunction for defamation and obstruction of business was granted on behalf of a school for children of North Korean descent repeatedly subjected to provocative demonstrations. But others questioned the need to reinforce limits on freedom of expression even in the face of aggressive taunts, with some claiming that incidents of racial discrimination in Japan lacked the historical, entrenched and violent dimensions that had prompted hate speech laws in Europe and elsewhere. When the text of the proposed law became public there was also debate about its utility as such an abstract measure seemed inapplicable to many potential victims and lacked punitive sanctions. Against this criticism it could be argued that the law went about as far as the government could expect to go if it were to get it passed; that it appears to be curtailing a particularly aggressive form of hate speech; and that it has ushered in a number of more specific initiatives, especially at local level. This study will begin with the 2016 text itself, drawing on the semiotic framework of Systemic Functional Grammar to explore how it prioritises general principles over specific regulations. This textual analysis will be followed by a contextual account of why the Law was constructed as it was, how it has influenced awareness of hate speech, and where it fits in with an existing genre of non-coercive legislation in Japan. (shrink)

This article addresses the issue of linguistic phenomena which, as a legacy of the centuries-old tradition of the Roman Empire, are rooted in Polish jurisdictional texts. The study focused on foreign-language expressions and short texts in Latin, used in judicial decisions. The aim of the study was to determine the function of Latinisms as foreign-language expressions in judicial decisions and how their use influences the communicativeness and persuasiveness of argumentation. During the analysis, it was noticed that Latinisms in (...) jurisdictional texts are used on four levels, including: legal maxims, terminology equivalence, linguistic ornaments and the description of taboo phenomena. On the basis of the identified categories, efforts were made to determine the extent to which Latin strengthens or weakens the power of persuasion of judicial decisions. (shrink)

This article addresses the issue of linguistic phenomena which, as a legacy of the centuries-old tradition of the Roman Empire, are rooted in Polish jurisdictional texts. The study focused on foreign-language expressions and short texts in Latin, used in judicial decisions. The aim of the study was to determine the function of Latinisms as foreign-language expressions in judicial decisions and how their use influences the communicativeness and persuasiveness of argumentation. During the analysis, it was noticed that Latinisms in (...) jurisdictional texts are used on four levels, including: legal maxims, terminology equivalence, linguistic ornaments and the description of taboo phenomena. On the basis of the identified categories, efforts were made to determine the extent to which Latin strengthens or weakens the power of persuasion of judicial decisions. (shrink)

Following independence in 1948, the Hebrew University of Jerusalem founded a law faculty and modeled it on the European example. Today, the Israeli law faculty is much more similar to the U.S. law school than to institutions of legal education in Europe. This Article traces the history of the changes in Israeli legal education. It argues that the shift began after 1967, faced resistance in the 1980s, and gained momentum in the 1990s. Presently we may be witnessing the beginning of (...) a shift away from U.S. influence and back to Continental Europe or even Asia. The Article discusses three major educational components, which together signaled the shift to U.S. influence: a student-run law review, curricular reform, and open and lively class discussion. The Article then offers several factors to explain the shift: judicial opinions that began to rely on American decisional law, the adoption of the U.S. model of practice by the legal profession, the privatization of law schools, globalization, and Americanization and foreign affairs. Finally, the Article considers the contribution to Americanization made by active U.S. attempts to export American law to other legal systems. (shrink)

Even though Corporate Social Responsibility (CSR) has become a widely accepted concept promoted by different stakeholders, business corporations' internal strategies, known as corporate self-regulation in most of the weak economies, respond poorly to this responsibility. Major laws relating to corporate regulation and responsibilities of these economies do not possess adequate ongoing influence to insist on corporate self-regulation to create a socially responsible corporate culture. This book describes how the laws relating to CSR could contribute to the inclusion of CSR principles (...) at the core of the corporate self-regulation of these economies in general, without being intrusive in normal business practice. It formulates a meta-regulation approach to law, particularly by converging patterns of private ordering and state control in contemporary corporate law from the perspective of a weak economy. It proposes that this approach is suitable for alleviating regulators' limited access to information and expertise, inherent limitations of prescriptive rules, ensuring corporate commitment, and enhance the self-regulatory capacity of companies. This book describes various meta-regulation strategies for laws to link social values to economic incentives and disincentives, and to indirectly influence companies to incorporate CSR principles at the core of their self-regulation strategies. It investigates this phenomenon using Bangladesh as a case study. (shrink)

The concept of privacy as a basic human right which has to be protected by law is a recently adopted concept in Thailand, as the protection of human rights was only legally recognized by the National Human Rights Act in 1999. Moreover, along with other drafted legislation on computer crime, the law on privacy protection has not yet been enacted. The political reform and the influences of globalization have speeded up the process of westernization of the urban, educated middle-class professionals. (...) However, the strength of traditional Thai culture means that a mass awareness of the concept of privacy rights remains scarce. This paper explicates the Thai cultural perspective on privacy and discusses the influence of Buddhism on privacy rights, including the impacts of globalization and the influence of Western values on the country’s political and legal developments. The paper also discusses the legal provisions regarding privacy protection, and the debates on the smart ID cards policy and SIM cards registration for national security. (shrink)

Delaware’s famous corporate law and its highly respected specialized Court of Chancery attract entrepreneurs from all over the world, who choose the small state as their locus of incorporation and litigation forum, and global investors who choose Delaware law as the law governing their corporate investments and mergers and acquisitions. Other jurisdictions vie with Delaware in regard to these choices. This interjurisdictional competition makes Delaware a significant global norm exporter in the field of corporate law because jurisdictions emulate some of (...) its corporate law. Israel leads the global pack. For two decades, it has been approximating its corporate law to Delaware’s and emulating its principal institutions, including by establishing a specialized Chancery-like court whose judges seek guidance in Delaware’s case law in deciding open corporate law questions. This Article employs qualitative methods—interviews with M&A practitioners from the United States, the United Kingdom, and Israel. We use the interviews to assess whether the project of approximating Delaware corporate law has succeeded in shifting incorporation decision preferences away from Delaware to Israel and watering down the natural reluctance of global investors to accepting an unfamiliar corporate law when engaging in cross-border corporate M&A transactions involving an Israeli party. Our findings indicate that the approximation project has countervailing effects, opinions about its success being polarized and nuanced; that approximation increases the familiarity of domestic practitioners with the foreign law being emulated, making the emulated law easier to implement; and that approximation creates more room for other aspects of interjurisdictional competition to influence private choices. (shrink)

The conundrum of the unconstitutional constitution -- The quest for a compelling unity -- The permeability of constitutional borders -- The sounds of silence : militant and acquiescent constitutionalism -- "The first page of the constitution" : family, state, and identity.

This article deals with some phenomena of the Hungarian legal language from a historical point of view, with special regard to the terminology of private law going back to Roman law tradition. The author aims, on the one hand, to present the historical background of the current terminology of Hungarian private law by means of some representative examples. On the other hand, it is attempted at demonstrating that “false friends” and some further misunderstandings in the current terminology of Hungarian private (...) law can be led back to the historical determination of the concepts/terms in question. A certain Hungarian legal language existed already in the 16th c., however it reached the common European level by the middle of the 19th c. This development took place mainly under the influence of the Austrian and German law and legal science. Due to the translation of foreign legal terms to Hungarian since the 19th c. there emerged some “global” difficulties of legal terminology also in the Hungarian legal language. As the most important example, the reception of bona fides can be mentioned. It was an amendment of the Hungarian Civil Code in 2006 which tried to eliminate the misunderstandings as regards the principle of good faith conceived formerly by many Hungarian jurists exclusively in subjective sense. The history of reception of the German notions of Gültigkeit and Wirksamkeit in Hungary is extremely intriguing, too. Hungarian jurists did not follow the pattern of the German BGB but developed this pair created by Windscheid by drawing a clear distinction between the validity and effectiveness of legal transactions, similar to the Italian terminology. Sometimes the reception of German notions happened in a less successful way. Despite the important foreign, especially German impacts, the Hungarian legal language is an autonomous one having several remarkable features which deserve attention also in comparison with terminology of the Western legal cultures. (shrink)

Le but de cet article est d’étudier l’enseignement des mathématiques au Collège d’Artillerie espagnol de 1764 à 1842, et de repérer les influences étrangères sur elle. Après quelques hésitations, un programme standard est adopté commençant par l’arithmétique et finissant par le calcul différentiel et intégral et la mécanique. L’unique changement important fut en 1819 quand la mécanique devint une matière indépendante. Pendant les premières décennies, avec Giannini comme premier professeur, l’emprise italienne était importante, néanmoins il existait une influence française et (...) anglaise. Avec le temps l’inspiration française augmenta. Les manuels employés pendant la plupart du temps étaient ceux de Giannini ou Odriozola, professeurs du Collège; mais ils ont utilisé aussi des livres de mathématiciens français comme Lacroix, Legendre ou Monge. The present article studies the impact of foreign influence on mathematics education at the Spanish Royal College of Artillery from 1764 to 1842. After some vacillation, the academy’s standard teaching program included from arithmetic to calculus and mechanics. The most noteworthy change occurred in 1819 when mechanics would be considered as an independent subject. During the first decades during which time Giannini was first professor, the academy’s approach to teaching mathematics was mostly influenced by methods being used in Italy and, to a certain degree, in England and France. French influence increased considerably with time. While most of the textbooks used at the academy were authored by two of its professors, Giannini and Odriozola, the curriculum would be expanded to include works by French mathematicians such as Lacroix, Monge and Legendre. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Kant and the Divine: From Contemplation to Moral Law by Christopher J. InsoleChris L. FirestoneChristopher J. Insole. Kant and the Divine: From Contemplation to Moral Law. Oxford: Oxford University Press, 2020. Pp. v + 409. Hardback, $110.00.The extent to which the philosophy of Immanuel Kant converges with or diverges from Christian thought has been a hotly debated topic in recent years. Central to that debate has been the (...) resurgence of interest in Kant's classic Religion within the Boundaries of Mere Reason (henceforth, Religion). The most insightful interpretations and applications of Religion, it seems, have utilized resources from a broad range of Kant's writings, emphasizing his philosophy considered as an integrated whole. Christopher Insole's recent monograph—Kant and the Divine: From Contemplation to Moral Law—attempts to redirect this debate with an argument spanning Kant's precritical and critical periods in performing a deep dive on the topic of freedom. On the face of it, the argument is not purely theological or even religious. It revolves, instead, around a metaphysical analysis of freedom, both as exemplified in Kant's writings and relative to his historical predecessors.Key to Insole's proposal is that Kant's critical notion of freedom evolves into something very different than that of his predecessors (on which his early writings depend) and, in its development, decisively "ruptures" with the Christian tradition. Human freedom, on Insole's analysis of Kant, must be "end-setting" and not constrained or directed by any type of external compulsion. This suggests that God cannot be understood to influence freedom causally, or at least not without human conscious and free consent. Numerous writers have thought they spied Christian connections in Kant's notion of freedom, such as the need for divine forgiveness, and even grace, to avoid the absurdum practicum. Insole resists all such attempts as being foreign to the novelty of the mature Kant's reflections on freedom. No external force can be brought to bear as a determining causal influence on human freedom, presumably because an end set before us from outside undermines our ability to set an end for ourselves. God is at best the "all-knowing distributor of happiness" (321) that makes end-setting and the kingdom of ends worthwhile moral pursuits. Insole's express intention is to "show the significance of Kant's denial that God can be our final cause" and that "his philosophical religiosity, understood on its own terms, and as expressed across his whole oeuvre" shows that "Kant cannot easily be called a Christian thinker" at all (2–4).Extricating Kant from Christianity proves to be a monumental task. Insole uses eighteen chapters and more than four hundred pages to make his case. The argument distinguishes itself from other such attempts in its rigorous analytic approach to unpacking the metaphysical underpinnings of issues supposedly at the root of Kant's philosophical theology. The book presents a cumulative case argument for Kant's supposed break with "the Christian theological tradition as he would have received it" (13). Much rests on whether or not this argument is cogent. Kant, according to Insole, is something akin to a theological Platonist and moral Stoic, who attempts to establish a unique form of "philosophical religiosity" (3 and 156). This makes Kant similar to the likes of Augustine and Ambrose, but different in terms of his theological aspirations. Insole casts Kant not as a pure philosopher seeking to understand philosophy relative to the Christian tradition, but rather as a philosophical [End Page 164] theologian bent on showing human freedom, free end-setting, and an ethical community of end-setters to be the exclusive means for attaining the highest good. Although this may sound Pelagian, Insole insists it is not, because "the Pelagian could still regard God as our final cause and efficient cause" (299). In other words, in Insole's interpretation, Kant is a strict philosophical humanist or what theologians might term a hyper-Pelagian.The difficult details of Insole's arguments are important to consider but not easily dealt with in the space provided here. Early in the book, Insole takes his reader on a metaphysical tour of "Divine Ideas" and "God... (shrink)

The essays collected in this volume focus on the Ancient Greeks' perception of foreigners and of foreign lands as potential sources of knowledge. They aim at exploring the hypothesis that the most adventurous intellectuals saw foreign lands and foreigners as repositories of knowledge that the Greeks σοφοί had to engage with, in the hope of bringing back home valuables in the form of new ideas. It is a common place to state that the "Greeks" displayed xenophobia, which is (...) probably best exemplified in the binary and ethnocentric division of humanity in two groups: the Greek world (i.e., the hellenophones) and the others, the Barbarians - those who speak foreign languages. This attitude of insularism and defiance, however, did not hinder the curiosity of Greek and Roman societies towards strangers. Lycurgus, Pythagoras, Democritus, etc.: there is a long list of sages and philosophers who travelled around the world for a significant period of time. The Greeks had a rich and varied relationship with foreign lands and people, which made possible a real circulation of knowledge throughout the Archaic, Classical and Hellenistic times; this is also true of the Roman Empire. Each of the articles included in this collective work explore one aspect of the "stranger" as a possible source of knowledge, with contributions mostly focused on Plato, Xenophon, Democritus, Aristotle, Diogenes, Cicero and Galen. (shrink)

In this chapter, I explore information-based influence in the context of epistemic security. My aim is to provide a topography of landscape and an assessment of how best to conceptualize contested terms in the discourse on influence. I begin with a foundational question: what is information-based foreign influence? I answer this question in section 2 with a structure that helps make sense of different activities and campaigns associated with information-based influence, which I refer to as ‘lines of effort’. I (...) then compare different kinds of lines of effort: influence operations, information campaigns, psychological operations, information operations, reflexive control, social engineering, and foreign influence efforts. In section 3-6, I examine four core concepts in the discourse – propaganda, disinformation, narratives, and mediatization – and consider their epistemic consequences. I also evaluate how we ought to understand these concepts for analytical purposes. I conclude by summarizing the upshots of the arguments and offering suggestions for future research. . (shrink)

Nigeria, as a geographical entity is replete with various ethnic and cultural identities that have continued to evolve from pre-colonial times to recenttimes. Granted that civilizations from Europe and Arabia have dictated almost all spheres of living, both in the Northern and Southern geographies of the country and eroded nearly all traditional values that would have assisted in curbing social and filial tensions; it is pertinent to inquire into the social relations before this ‘encounter.’ This is important as this research (...) seeks to invoke some aspects of the past that can be relevant for contemporary utility. Hence, through the method of critical analysis, this study takes a look at the socio-economic norms among the pre-colonial cultures that eventually evolved into Nigeria, paying attention to the place of slaves and women and laying emphasis on the filial and communal nature which allowed for a not too wide the gap between the rich and the poor. Even when this study is not unaware of the positive roles of foreign influence, it recounts the deficits of this presence and suggests that aproper way is to explore some indigenous ideas and apply them for contemporary living. Keywords: Culture, Family, Moral Values, Nigeria, Pre-colonial. (shrink)

The question around foreigners and their obligation to respect and fulfil the national - or civil - norms of the territory where they are; has become due the migration and multicultural movements once again a key one. Addressed by a multitude of authors along the centuries, the question has been answered based on the different placements around juridical and political concepts like citizenship, sovereignty, authority or law. In this investigation, the doctrinal development carried out around the obligatory nature of the (...) civil norm for foreigners in Spanish scholasticism is going to be considered. Specifically, due to its thoroughness and depth, the doctrine done by Francisco Suarez is going to be critically analysed. Once the answer given in our author's doctrine to the question posed has been established, we will consider the possible influences in the Anglo-Saxon sphere. (shrink)

Human rights discourse has been likened to a global lingua franca, and in more ways than one, the analogy seems apt. Human rights discourse is a language that is used by all yet belongs uniquely to no particular place. It crosses not only the borders between nation-states, but also the divide between national law and international law: it appears in national constitutions and international treaties alike. But is it possible to conceive of human rights as a global language or lingua (...) franca not just in a figurative or metaphorical sense, but in a literal or linguistic sense as a legal dialect defined by distinctive patterns of word choice and usage? Does there exist a global language of human rights that transcends not only national borders, but also the divide between domestic and international law? Empirical analysis suggests that the answer is yes, but this global language comes in at least two variants or dialects. New techniques for performing automated content analysis enable us to analyze the bulk of all national constitutions over the last two centuries, together with the world’s leading regional and international human rights instruments, for patterns of linguistic similarity and to evaluate how much language, if any, they share in common. Specifically, we employ a technique known as topic modeling that disassembles texts into recurring verbal patterns. The results highlight the existence of two species or dialects of rights talk—the universalist dialect and the positive-rights dialect—both of which are global in reach and rising in popularity. The universalist dialect is generic in content and draws heavily on the type of language found in international and regional human rights instruments. It appears in particularly large doses in the constitutions of transitional states, developing states, and states that have been heavily exposed to the influence of the international community. The positive-rights dialect, by contrast, is characterized by its substantive emphasis on positive rights of a social or economic variety, and by its prevalence in lengthier constitutions and constitutions from outside the common law world, especially those of the Spanish-speaking world. Both dialects of rights talk are truly transnational, in the sense that they appear simultaneously in national, regional, and international legal instruments and transcend the distinction between domestic and international law. Their existence attests to the blurring of the boundary between constitutional law and international law. (shrink)

The ArgumentIn this we explore some of the ways in which a state scientific laboratory (Daresbury SERC) reacted to the rtetoric and forces of the marketpace in the 1980s. We describe laboratory attempts to create what we call “good customers” while converting itself into a “good seller” by developing a particulat set of costing practicting that were closely related to the implementation of a management accounting system. Finally, we consider how Daresbury response to “market forces” influenced scintific and organzational practice, (...) and arsponse that the social technologies of governmentality performed by accountancy — but also by scientific and bureaucratic practice are complex, discursively heterogeneou, and used in context-sensitive ways. This means, or so we suggest, that it is difficult to mount general argunents about “science” and “the market,” and that the use of such large-scale institions impedes impedes analysis. (shrink)

This chapter criticizes several methods of responding to the techniques foreign powers are widely acknowledged to be using to subvert U.S. elections. It suggests that countries do this when they have a legitimate stake in each other’s political deliberations, but no formal voice in them. It also suggests that if they accord each other such a voice, they will engage as co-deliberators with arguments, rather than trying to undermine each other’s deliberative processes; and that this will be salutary for (...) all parties. It moots several methods for giving nations such a voice, ranging from inviting representatives of foreign powers to participate in debates in each other’s high-level elections, to having representatives of all nations vote in each other’s key elections or legislative bodies, or in international bodies constituted in recognition of the need for binding global deliberation about shared issues. (shrink)

Domestic courts are often quoting foreign case law on human rights. The conversation pursued through cross-referencing across jurisdictions has added to the globalization of international human rights standards. As the practice is gaining ground and becoming a more permanent feature of domestic judgments, its relevance needs to be examined. A closer look at the practice will bring forth a more realistic understanding of the approaches of domestic courts and the advantages which they offer to the institution. This paper raises (...) few questions on the value and influence of cross-referencing in the area of human rights. Questions in this regard can be posed as to (a) whether cross-referencing is reflective of an emerging consensus on the subject matter? (b) Is it strategic for domestic courts to quote foreign case law? (c) Is the practice of cross-referencing simply a trend or an urge to belong to a community of courts? (d) Is the practice of relevance towards the implementation and advancement of international human rights standards? The topic can shed light on broader themes including the universality of human rights, contestations/disagreements over human rights standards, and the measure of acceptability of international human rights standards within domestic settings. This paper discusses the practice, its role and influence in relation to international human rights standards. Three judgments [of the courts of Nepal, India and Singapore] addressing the human rights and homosexuality agenda have been illustrated for discussion. (shrink)

In recent years, foreign language learning has been proposed as a possible cognitive intervention for older adults. However, the brain network and cognitive functions underlying FLL has remained largely unconfirmed in older adults. In particular, older and younger adults have markedly different cognitive profile—while older adults tend to exhibit decline in most cognitive domains, their semantic memory usually remains intact. As such, older adults may engage the semantic functions to a larger extent than the other cognitive functions traditionally considered (...) the most important. Using anatomical measurements and a cognitive test battery, the present study examined this hypothesis in twenty cognitively normal older adults, who participated in a two-month Italian learning programme. Results showed that the immediate learning success and long-term retention of Italian vocabularies were most consistently predicted by the anatomical measures of the left pars orbitalis and left caudal middle frontal cortex, which are implicated in semantic and episodic memory functions. Convergent evidence was also found based on the pattern of cognitive associations. Our results are consistent with a prominent role of semantic and episodic memory functions in vocabulary learning in older learners. (shrink)

This collection explores some of the many ways in which constitutional orders engage with, and are shaped by, their exteriors. Constitutional and legal theory often marginalize 'foreign' elements, such as norms originating in other legal systems, the movement of individuals across borders, or the application of domestic law to foreign affairs. In The Double-Facing Constitution, these instances of boundary crossing lie at the heart of an alternative understanding of constitutions as permeable membranes, through which norms can and sometimes (...) must travel. Constitutional orders are facing both inwards and outwards - and the outside world influences their interiors just as much as their internal orders help shape their surroundings. Different essays discuss the theoretical and historical foundations of this view, and its contemporary relevance for areas as diverse as migration law, the conflict of laws, and foreign relations law. (shrink)

Congress's national-security legislation will often require clear and specific congressional authorization before the executive can undertake certain actions. The War Powers Resolution, for example, prohibits any law from authorizing military hostilities unless it "specifically authorizes" them. And the Foreign Intelligence Surveillance Act of 1978 required laws to amend FISA or repeal its "exclusive means" provision before they could authorize warrantless electronic surveillance. But efforts to legislate clear-statement regimes in national-security law have failed to induce compliance. The Clinton Administration inferred (...) congressional "authorization" for the 1999 Kosovo War from an appropriations statute that failed to specifically authorize the conflict. And the Bush Administration inferred congressional "authorization" for the NSA surveillance program from ambiguous language in the post-September 11th Authorization to Use Military Force. In both situations, executive-branch lawyers employed expansive theories of implied repeal and constitutional avoidance to evade the codified clear-statement requirements, and Congress and the courts acquiesced to the President's actions. Recent proposals to strengthen the clear-statement requirements in Congress's national-security framework legislation are unlikely to be effective without institutional mechanisms, such as points of order, that can deter future legislators from enacting vague or ambiguous legislation from which the executive might claim implicit congressional "authorization," and that can induce Congress to confront Presidents that act without specific congressional authorization. Simply enacting more narrow or explicit clear-statement requirements, or adding funding restrictions to Congress's framework legislation, fails to counter the aggressive interpretive doctrines that executives of both political parties have used to concoct congressional "authorization" from vague or ambiguous statutory language. (shrink)

NOT all groups that the United States government classifies as terrorist organizations are equally bad or dangerous, and not all information conveyed to them that is based on political, academic or scientific expertise risks harming our national security. Unfortunately, the Supreme Court, which last week upheld a law banning the provision of “material support” to foreign terrorist groups, doesn't seem to consider those facts relevant.... The two of us are social scientists who study and interact with violent groups in (...) order to find ways out of intractable conflicts. In the course of this work and in our discussions with decision makers in the Middle East and elsewhere we have seen how informal meetings and exchanges of knowledge have borne fruit. It's not that religious, academic or scientific credentials automatically convey trust, but when combined with a personal commitment to peace, they often carry weight beyond mere opinion or desire.... In our own work on groups categorized as terrorist organizations, we have detected significant differences in their attitudes and actions. For example, in our recent interactions with the leader of the Palestinian militant group Islamic Jihad Ramadan Shallah, we were faced with an adamant refusal to ever recognize Israel or move toward a two-state solution. Yet when we talked to Khaled Meshal, the leader of Hamas, he said that his movement could imagine a two-state “peace”. In our time with Mr. Meshal's group, we were also able to confirm something that Saudi and Israeli intelligence officers had told us: Hamas has fought to keep Al Qaeda out of its field of influence, and has no demonstrated interest in global jihad. Whether or not the differences among Al Qaeda, Islamic Jihad, Hamas and other violent groups are fundamental, rather than temporary or tactical, is something only further exploration will reveal. But to assume that it is invariably wrong to engage any of these groups is a grave mistake.... (shrink)

Throughout the Yemeni Civil War, western states have supplied weapons used in the indiscriminate bombing campaign conducted by the Saudis. In defence of their actions, British politicians have argued that they are exchanging weapons for influence, and using the influence obtained to encourage compliance with humanitarian law. An additional premise in the argument is that Britain is using its influence more benignly than alternative suppliers would use theirs if Britain were not on the scene. The idea is that Britain is (...) substituting itself for other, less scrupulous, interveners. I argue that, regardless of whether British substitution intervention could be justified in this way…, it is not in fact justified, because Britain has not plausibly used its influence to secure an amount of good sufficient to offset the various harms that its actions have created (or to discharge the expanded duties of rescue that greater influence entails). In addition, the article identifies the various forms that substitution intervention can take, and shows how the concept reveals hitherto neglected reasons to both support and oppose intervention in foreign conflicts. (shrink)

Swiss-born Emer de Vattel was one of the last eminent thinkers of natural law. He shaped the later part of early-modern natural jurisprudence. At the time, the subject had become a fashionable academic sub-discipline in both jurisprudence and philosophy. Vattel's considerable impact on statesmen, political thinkers, diplomats and lawyers during his lifetime and after rested primarily on the fact that his The Law of Nations transformed natural law into the basis of a more comprehensive and practicable theory of interstate relations. (...) His ideas served to promote reform programmes whose comprehensive natures spanned the domains of economic reform, constitutionalism and international diplomacy and foreign trade policy. Vattel's conception centred round the principle that defined all sovereign states as nations composed of societies of free men and profoundly influenced legal and political debates in the eighteenth and nineteenth centuries. (shrink)

This article recovers James Brown Scott’s conviction in American exceptionalism, a belief that underlay both his institutional work as well as his understanding of the origins and trajectory of international law. In the first section, we discuss Scott’s interpretation of Hugo Grotius as part of his tactic to make US foreign affairs policies and perspectives more compelling by presenting them as universal. In the second section, we argue that Scott’s writings on the Spanish origins of international law were in (...) fact meant to protect Anglo-American hegemony and US influence in the Americas in the face of rapidly changing geopolitical pressures. In the final section we suggest that Scott’s US exceptionalism is reflected in his use of the United States Constitution and Supreme Court as a model for key international organizations. We conclude that Scott reframed Vitoria not to redress American bias but to enshrine it. (shrink)

Research productivity is an important criterion for the university to assess teachers. Studies about factors that affect teachers’ research productivity are increasing nowadays. It is generally agreed that academics’ research productivity depends on how much mentorship is provided to them and how the current working environment is mediated by their research motivation and self-efficacy. Despite the increasing amount of the literature along this line, we know little about what kinds of situations that Chinese university English as a foreign language (...) (EFL) teachers are in and how they regard the importance of mentorship and what roles their working environments would play in affecting their research productivity. To fill the research gap, we utilized the snowball method to collect the survey data from 546 Chinese EFL tertiary teachers. The results show that mentorship is not correlated with research productivity while the working environment has a positive direct correlation with it. Both motivation and self-efficacy mediate the working environment and research productivity significantly. Specifically, only extrinsic motivation has a negative mediation influence on teachers’ research productivity; teachers’ intrinsic motivation and self-efficacy play a positive mediation role in affecting their research productivity. (shrink)

The classics appear conspicuously in the pamphlet wars of the American Revolution, though in the opinion of Bernard Bailyn , their presence is “window-dressing” and their influence “superficial.” They are “ everywhere illustrative, not determinative, of thought” . Up the scale in influence comes Enlightenment rationalism, also “superficial” but only “at times”—that removes the foreigners, ancient and modern. Then, further up the scale are English common-law writers, “powerfully influential” though still insufficiently “determinative”; above them, a “major source,” New England Puritan (...) thought and culture; and finally, at the top, seventeenth-century British “heroes of liberty” and the “early eighteenth-century transmitters of this tradition,” e.g. Commonwealth men, Bishop Hoadly. Who would have thought that the bishop of Winchester weighed in the balance more heavily than Plato and Aristotle? Only once in passing does Bailyn even mention Machiavelli, to whom J. G. A. Pocock, Quentin Skinner, and Harvey C. Mansfield would grant large prominence in the development of Revolutionary thought. (shrink)

Researchers have suggested that ethical judgments about “right” and “wrong” are the result of deep and thoughtful principles and should therefore be consistent and not influenced by factors, such as language :e94842, 2014b, p. 1). As long as an ethical scenario is understood, individuals’ resolution should not depend on whether the ethical scenario is presented in their native language or in a foreign language. Given the forces of globalization and international convergence, an increasing number of accountants and accounting students (...) are becoming proficient in more than one language, and they are required to interpret and apply complex ethical pronouncements issued by various global standard setters both in their native language and in English. There have been calls in the literature to examine whether subjects make systematically different ethical judgments in a foreign language than in their native language. We contribute to the literature by drawing on culture, linguistics, and psychology research to provide empirical evidence that Chinese subjects are more aggressive in interpreting the concept of control when providing their consolidation reporting recommendations in English than in Simplified Chinese. We applied a 2 × 2 within-subject and between-subject randomized experimental design using a sample of Chinese final year undergraduate accounting students at a leading Chinese university, where accounting courses are taught in both Simplified Chinese and English. Students in our study are proxy for entry-level accounting practitioners. Our findings have implications for the globalized business world and cross-cultural research by challenging the commonly held assumption that an individual’s ethical judgment is consistent in different languages. We suggest that systematically different ethical judgments in native and foreign languages needs to be recognized. (shrink)

The Tanner Lectures on Human Values, founded July 1, 1978, at Clare Hall, Cambridge University, was established by the American scholar, industrialist, and philanthropist Obert Clark Tanner. Lectureships are awarded to outstanding scholars or leaders in broadly defined fields of human values and transcend ethnic, national, religious, or ideological distinctions. Volume 30 features lectures given in 2010 at Princeton University; Yale University; the University of California, Berkeley; the University of Utah; Stanford University; Clare Hall, Cambridge University; Harvard University; and Brasenose (...) College, Oxford University. CONTRIBUTORS: Bruce Ackerman, “The Decline and Fall of the American Republic” Bruce Ackerman is Sterling Professor of Law and Political Science at Yale and the author of fifteen books that have had a broad influence in political philosophy, constitutional law, and public policy. John Adams, “Doctor Atomic and His Gadgets” John Adams is a musician, composer, writer, and conductor whose work stands out for its depth of expression, its sonic brilliance, and the profoundly humanist nature of its themes. Isabel Allende, “In the Hearts of Women” Isabel Allende is a social activist and feminist whose novels and memoirs have established her as one of the most res-pected writers of our time. Abdullahi An-Nacim, “Transcending Imperialism: Human Values and Global Citizenship” Abdullahi Ahmed An-Nacim is the Charles Howard Candler Professor of Law at Emory Law School and an internationally recognized scholar of Islam and human rights in cross-­cultural perspectives. Mark Danner, “Torture and the Forever War” Mark Danner is a writer, journalist, and professor who has written for more than two decades on foreign affairs and international conflict. Sir Christopher Frayling, “Art and Religion in the Modern West: Some Perspectives” Sir Christopher Frayling is a historian, critic, and an award-winning broadcaster on British network radio and television. He has written seventeen books on the arts and popular culture. Jonathan Lear, “Becoming Human Does Not Come That Easily” Jonathan Lear is the John U. Nef Distinguished Service Professor at the Committee on Social Thought and the Depart-ment of Philosophy at the University of Chicago. His research and writings focus on philosophical conceptions of the human psyche. Ahmed Rashid, “Afghanistan” and “Pakistan” Ahmed Rashid is a reporter from Pakistan whose unique knowledge of this complex region allows him a panoramic vision and nuanced perspective that no Western writer can emulate. (shrink)

The dialogue focuses on the major issues of the contemporary theoretical debate on judicial review and the Supreme Court's role in American constitutional democracy. The discussion begins with the US Supreme Court's case Hamdan v. Rumsfeld, successfully argued by Prof. Katyal last year, and covers important issues such as the separation and balance of powers after 9/11, the legitimacy of the laws of terror, the relation between US constitutional law and foreign law, the counter‐majoritarian difficulties posed by the exercise (...) of judicial review, and the legal academy's influence on legal practice. (shrink)

This article, which analyses relevant cases that have already been the subject of academic commentary, examines some of the most commonly recurring problems in the proper ascertainment of foreign law. Drawing parallels to translation theories, the article examines best practices for foreign law experts and situational factors that sometimes result in the misapplication of foreign law.

Society has historically not taken a benign view of genetic disease. The laws permitting sterilization of the mentally re tarded~ and those proscribing consanguineous marriages are but two examples. Indeed as far back as the 5th-10th centuries, B.C.E., consanguineous unions were outlawed (Leviticus XVIII, 6). Case law has traditionally tended toward the conservative. It is reactive rather than directive, exerting its influence only after an individual or group has sustained injury and brought suit. In contrast, state legislatures have not been (...) inhibited in enacting statutes. Many of their products can be characterized as hasty, unnecessary, ill-conceived, and based on the heart rather than the head. Moreover the lack of expert consultation sought has also been remarkable. One state legislature, for example, has advocated immunization for sickle cell anemia! Many others have enacted laws for the screening of inborn errors of metabolism, e.g., phenylketon uria, but have poorly defined the lines of responsibility to secure compliance. A spate of specific disease-related bills has emerged in the u.S. Congress, each seeking recognition and appropriations. Sickle cell anemia, hemophilia, Cooley's anemia and Tay-Sachs disease have been among the front-runners for support. Finally, in 1975, Congress has begun to examine an omnibus bill concerning all forms of genetic disease. The bill, termed the National Genetic Diseases Act is, however, still far from being enacted. (shrink)

States have rights to unilaterally determine their own immigration policies under international law and few international institutions regulate states’ decision-making about immigration. As a result, states have extensive discretion over immigration policy. In this paper, I argue that states should join international migration institutions that would constrain their discretion over immigration. Immigration restrictions are morally risky. When states restrict immigration, they risk unjustly harming foreigners and restricting their freedom. Furthermore, biases and epistemic defects pervasively influence states’ decision-making about immigration policy. (...) States should transfer some of their decision-making authority over immigration to more reliable institutions in order to mitigate the risks that they will unjustly restrict immigration. International institutions that include the interests of potential immigrants would be more reliable with respect to immigration policy than unilateral state decision-making. Thus, states should subject their immigration policies to international control. (shrink)

The way Belgium implements European Law, meaning how it transposes EU directives into national law, is heavily influenced by its federal structure. The fact that 7 governments and parliaments may all have to intervene in a transposition of a directive for which the competences are divided between them and the fact that a number of consultative procedures have to be respected explain why Belgium has been lagging behind in transposing EU directives within their time limit.In Belgium the Ministry of (...) class='Hi'>Foreign Affairs is in charge of coordinating the transposition of EU directives and representing Belgium in procedures at the European Court of Justice. (shrink)