The Legal Doctrines of the Rule of Law and the Legal State (Rechtsstaat)
After all, if legislation is inevitably shaped by concepts emanating from power relations outdoors of the regulation, then it would seem that regulation has no essence, be it ethical or institutional. If regulation is lowered to ideology, or seen as its mere effect, then legality appears contingent and unprincipled, having no necessary content or definition, no intrinsic character. If law both mirrors and distorts the realities of power, it is energy, not principles of legality, which tells us what legislation is. Thus for most mainstream authorized theorists, the ideological is no necessary feature of the legislation, and law ought to definitely not be defined in accordance with the unconventional conception the place intrinsic to law is a mystification of reality, or an obfuscation of social relations so as to exact compliance. The adverse view of ideology taken by Marxists might counsel a crude conception the place legal ideology is a tool cynically wielded by the powerful to make sure submission by the powerless.
This CRN will provide an opportunity for collaboration, networking, and change between students engaged on transitional justice, broadly conceived. Transitional justice usually refers back … Read More
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