Law as Fact


Book Description

This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.




A Culture of Fact


Book Description

Shapiro traces the genesis of the fact, a modern concept that originated not in natural science but in legal discourse. She follows the concept's evolution and diffusion across a variety of disciplines in early modern England.







Refugee Law's Fact-Finding Crisis


Book Description

Hilary Evans Cameron demonstrates how the law that governs fact-finding in refugee hearings is malfunctioning, and suggests a way forward.







The Transformation of Human Rights Fact-finding


Book Description

Fact-finding is at the heart of human rights advocacy, and is often at the center of international controversies about alleged government abuses. In recent years, human rights fact-finding has greatly proliferated and become more sophisticated and complex, while also being subjected to stronger scrutiny from governments. Nevertheless, despite the prominence of fact-finding, it remains strikingly under-studied and under-theorized. Too little has been done to bring forth the assumptions, methodologies, and techniques of this rapidly developing field, or to open human rights fact-finding to critical and constructive scrutiny. The Transformation of Human Rights Fact-Finding offers a multidisciplinary approach to the study of fact-finding with rigorous and critical analysis of the field of practice, while providing a range of accounts of what actually happens. It deepens the study and practice of human rights investigations, and fosters fact-finding as a discretely studied topic, while mapping crucial transformations in the field. The contributions to this book are the result of a major international conference organized by New York University Law School's Center for Human Rights and Global Justice. Engaging the expertise and experience of the editors and contributing authors, it offers a broad approach encompassing contemporary issues and analysis across the human rights spectrum in law, international relations, and critical theory. This book addresses the major areas of human rights fact-finding such as victim and witness issues; fact-finding for advocacy, enforcement, and litigation; the role of interdisciplinary expertise and methodologies; crowd sourcing, social media, and big data; and international guidelines for fact-finding.




Ethics and the Rule of Law


Book Description

This clear and systematic introduction to the philosophy of law attempts to answer some important questions about the nature of law and its relationship to social norms and moral standards.




An Institutional Theory of Law


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Fact-Finding before the International Court of Justice


Book Description

Fact-Finding before the International Court of Justice examines a number of significant recent criticisms of the way in which the ICJ deals with facts. The book takes the position that such criticisms are warranted and that the ICJ's current approach to fact-finding falls short of adequacy, both in cases involving abundant, particularly complex or technical facts, and in those involving a scarcity of facts. The author skilfully examines how other courts such as the WTO and inter-State arbitrations conduct fact-finding and makes a number of select proposals for reform, enabling the ICJ to address some of the current weaknesses in its approach. The proposals include, but are not limited to, the development of a power to compel the disclosure of information, greater use of provisional measures, and a clear strategy for the use of expert evidence.




The Line Through the Heart


Book Description

Why do we demand happiness on terms that make happiness impossible? And what can we do about it? Acclaimed philosopher J. Budziszewski addresses these questions in the brilliantly persuasive book The Line Through the Heart, finding the answers in the natural law. The journey of exploration takes us through politics, religion, ethics, law, philosophy, and more, with Budziszewski as expert guide. While investigating the natural law and its implications, Budziszewski boldly confronts a wide range of contemporary issues, offering a newly integrated view of abortion, evolution, euthanasia, capital punishment, runaway courts, and the ersatz state religion built in the name of religious toleration. Written in Budziszewski's usual crystalline style, The Line Through the Heart shows that natural law is a matter of concern not merely to scholars but to everyone, for it touches how each of us lives, and how all of us live together. His profound examination of this subject helps us make sense of why habits that run against our nature have become second nature, and why our world seems to be going mad.