In an endeavor that bridges international legal principle, the self-discipline’s tradition, and worldwide authorized history, the journal critically examines the emergence and evolution of international legal practices, as well as the intellectual authorized projects and theories which have formed and continue to form worldwide legislation and its self-discipline. Drawing on new proof associated to authorized disputes involving three land corporations with which Wilson was related, which ultimately gave rise to Hollingsworth v. Virginia, Fletcher v. Peck, and Johnson v. M’Intosh, this Article contends that Crosskey was seemingly appropriate concerning the original which means of ex post facto legal guidelines,” but doubtless mistaken in regards to the Justices’ motivations in Calder.
Nonetheless, nearly all of the article will give attention to pure legislation authorized idea. These subject areas will probably be explored by way of three different theoretical lenses: (1) principle of rights, (2) human rights philosophy, and (3) international humanitarian regulation.
One can deny pure law idea of regulation however maintain a pure legislation concept of morality. Right here it’s worth noting that Aquinas holds a natural legislation idea of morality: what is good and evil, in line with Aquinas, is derived from the rational nature of human beings.
Another strategy to pure-regulation jurisprudence usually asserts that human regulation should be in response to driving causes for action. These matters shall be explored in the context of the plural traditions of authorized concept, and by the use of examples from debates in regards to the character and position of legislation in society, each nationally and internationally.