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Sometimes this was because he felt constrained by the inherited logic of jurisprudence (something which rarely troubled Denning if his emotions were engaged), but sometimes it betrayed an unexpectedly conservative streak in him.
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He is a devout Catholic and there is an argument, made most eloquently by a legal scholar named George Kannar, that his brand of formalistic, words-mean-what-they-say-and-say-what-they-mean approach to jurisprudence owes something to his Catholic education, and the emphasis on rote memorization of the catechism and fealty to its words.
As an exercise in jurisprudence, it was something less than a stellar advertisement for a South African legal system that, at its best, is a match for any in the world, as it was back in 1977.
Commentators have found evidence in Austin's writings of the German Pandectist treatment of Roman Law, in particular, its approach to law as something that is, or should be, systematic and coherent (Schwarz 1934; Stein 1988: pp. 223 229, 238 244; Lobban 1991: pp. 223 256) Lectures from the course he gave were eventually published in 1832 as "Province of Jurisprudence Determined" (Austin 1832).
The Court's jurisprudence on gender is something that Ginsburg has been building since then.
John D. Hutson, a former judge advocate general, told the Washington Post that "there's something in American jurisprudence called 'fruit of the poisonous tree.' You can clean up the tree a little, but it's hard to do".
In fact, "Shariah" is not the word traditionally used in Arabic to refer to the processes of Islamic legal reasoning or the rulings produced through it: that word is fiqh, meaning something like Islamic jurisprudence.
Look at Nuremberg very different crimes, of course, and a very different cast of characters, as well as an attempt to do something entirely new in international jurisprudence.
At a panel discussion held in December, Meg Canby argued for "a more child-centered jurisprudence" than the Brooke decision had provided for — something closer to a de-facto rule.
"Muslims cannot take this lightly and they need to refer to the religious authorities first if they want to do something that is against Shafi'i school of jurisprudence," Pahang mufti Datuk Seri Abdul Rahman Othman told the Malaysian press.
Something to consider: If we are NOT the "most evil" country in the world--i.e., the country with the greatest number of evil people residing in it--then we're doing something terribly wrong when it comes to jurisprudence, because we have the greatest number (1.6 million) of incarcerated people.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com