Jurisprudence: The Philosophy and Method of Law

Bodenheimer, Edgar

doi:10.2307/1228192

Cited by 9 publications

(24 citation statements)

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“…Is originalism, then, an essentially conservative approach to constitutional interpretation? The originalist argument for originalism is that it is ideologically neutral, because it is principled rather than political jurisprudence, 58 whereas the conventional critique of this argument is that originalism is in fact a conservative doctrine that regularly produces conservative results. The question is somewhat tricky, of course, because of the slipperiness of the terms "conservative" and "liberal" in this context.…”

Section: Discussionmentioning

confidence: 99%

The Ontology of Constitutional Discourse (I)

Goldford¹

2005

The American Constitution and the Debate Over Originalism

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This page intentionally left blankThe American Constitution and the Debate over Originalism Located at the intersection of law, political science, philosophy, and literary theory, this work of constitutional theory explores the nature of American constitutional interpretation through a reconsideration of the long-standing debate between the interpretive theories of originalism and nonoriginalism. It traces that debate to a particular set of premises about the nature of language, interpretation, and objectivity, premises that raise the specter of unconstrained, unstructured constitutional interpretation that has haunted contemporary constitutional theory. The book presents the novel argument that a critique of the underlying premises of originalism dissolves not just originalism but nonoriginalism as well, which leads to the recognition that constitutional interpretation is already and always structured. It makes this argument in terms of the first principle of the American political system: By their fidelity to the Constitution, Americans are a textual people in that they live in and through the terms of a fundamental text. On the basis of this central idea, the book presents both a new understanding of constitutional interpretation and an innovative account of the democratic legitimacy and binding capacity of the Constitution.

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Section: Discussionmentioning

confidence: 99%

The Ontology of Constitutional Discourse (I)

Goldford¹

2005

The American Constitution and the Debate Over Originalism

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“…Laying the foundation on the principle of a legally prescribed punishment for a specified crime, the principle of presumption of innocence and evidence refereeing, modern criminal justice restricts the reason, the procedure and the mode of the nation's power of punishment in nature. [3] Justice for criminal is considered the most important standard of justice, but the victim's subjective absence reflects structural characteristics of modern criminal justice system dominated by the nation, human right protection being its pursuance of the value has nothing to do with the victim. In substantive criminal law, the nation "run the contradiction off", [4] drove away the victim from the place relative to the crime and regarded its self as the primary victim.…”

Section: The Written Cause Of the Bookmentioning

confidence: 99%

A Book Review of Ground and Limit of Victim as a Part in Action: Research on Victim’s Right of Action in Public Prosecution

Ding¹

2018

dtem

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Under the frame of the principle of state prosecution, the crime is deemed to be a kind of illegal act provided with social harmfulness and so the state is maintained the only victim of crime. The victim's right of prosecuting autocephaly the crime is deprived in the case of public prosecution, and the state prosecution agency replaces the victim to be the public power of seeking the justice of criminal law. Compare brilliantly with the problem of the accused's right protection highly praised by the jurists in the past, more and more jurists begin to pay close attention to the victims' problem of their procedural right. Among the researching of the victim's problems, the most challenging one is the victim's status in the criminal proceedings. The book The Ground and Limit of the Victim as a Part in Action: Research on the Victim's Right of Action in Public Prosecutionwritten by HAN Liu leads the theory of the right of action into the problem of the victim's status in litigation, demonstrates the independence of the victim's right of action relative to the right of prosecution. The book discusses the basic principle of the victim's right of action and the research belongs to typical research of speculative and philosophic theory. Based on normative quotation, clearheaded logic and fluent reasoning, the whole book forms a complete system. And being an outstanding example of discussing justice for victim, the book provides a novel and original theory to explain and solve the problem of the victim's status of the part in criminal prosecution procedure.

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“…Interpreting justice is never a easy task, as Bodenheimer (1981) suggests "Justice has a Protean face, capable of change, readily assuming different shapes, and endowed with highly variable features. When we look deeply into this face, trying to unravel the secrets hidden behind its outward appearance, bewilderment is apt to befall us."…”

Section: Theoretical Framework Of Fair Distribution Of Affordable Houmentioning

confidence: 99%

“…The noteworthy aspect is the subjectivity of justice in these two definitions. Bodenheimer (1981) points out that justice is perceived as a kind attitude of the people's faith, a certain voluntariness to pursue fairness and a certain inclination to confer cognizance to the assertions and concerns of others; Without this attitude and willingness, justice cannot develop and prosper in society; Nonetheless, it is noteworthy that the mere enlightenment of a mental loyalty to fairness and concerns for others is not, in and by itself, necessary to cause the success of the reign of justice; The good faith to commit justice must be carried out by feasible resolutions like policies and laws designed to accomplish the goals of a just society.…”

Section: Theoretical Framework Of Fair Distribution Of Affordable Houmentioning

confidence: 99%

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Theoretical Framework of Fair Distribution of Affordable Housing in China

Zhang¹,

Hashim²

2011

ASS

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Urbanization and industrialization in China result in dramatic growth of population in urban areas. The housing price rises so high that low-income people living in urban cannot afford to buy their own houses. In order to alleviate their housing plight, affordable housing has been built in mainland China. However, unfair distribution of affordable housing failed to accomplish the goal of this program. The paper firstly introduces the current situation and problem of affordable housing distribution. It then discusses the rationale of Theory of Justice from John Rawl, and puts forward a systematic legal framework, which consists of affordable housing legislation, enforcement, judiciary and sanction, to safeguard the justice of affordable housing distribution.

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Jurisprudence: The Philosophy and Method of Law

Cited by 9 publications

References 0 publications

The Ontology of Constitutional Discourse (I)

The Ontology of Constitutional Discourse (I)

A Book Review of Ground and Limit of Victim as a Part in Action: Research on Victim’s Right of Action in Public Prosecution

Theoretical Framework of Fair Distribution of Affordable Housing in China

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