Myths and Truths: The "Law and Finance Theory" Revisited

The law and finance theory identifies two dominating legal traditions, a common law tradition inherited from England, and a civil law tradition that is going back to 19th century codifications in France, Germany and Scandinavia. Another key notion of the theory is the distinction between insiders (stakeholders, "the State") and outsiders (shareholders as well as creditors). The micro foundation of this approach is the willingness to invest. The innovative addition of the law and finance theory to these ideas lies in the way it combines them with its peculiar view on legal history. The innovative addition of the law and finance theory to these ideas lies in the way it combines them with its peculiar view on legal history. The major conclusion of this theory is that the common law system provides the best basis for financial development and economic growth, followed by Scandinavian and German origin civil law and finally French origin civil law.

Union for Civil Liberties Demonstration 1967 Brisbane Australia

People listening to speakers during the Union for Civil Liberties Demonstration September 1967 in Brisbane. The demonstration was called by the Trades and Labour Council of Queensland to protest against police treatment of university students and staff in Roma Street, Brisbane during a protest march. The march, from the University of Queensland to the city, had been held a few days earlier.

The role of the church in developing the law: response to commentators

Three of the four commentators endorse our concerns about intervention by the Roman Catholic church as an omicus curiae in civil litigation, with few reservations. One commentary rejects our arguments in We deal first with the three commentaries that support our arguments; secondly, with the reservations and qualifications in those commentaries, and thirdly, with the commentary that totally rejects our arguments.

The role of the church in developing the law

The church and other community organisations have a legitimate role to play in influencing public policy. However, intervention by the church and other religious bodies in recent litigation in Australia and the United Kingdom raises questions about the appropriateness of such bodies being permitted to intervene directly in the court process as amici curiae. We argue that there are dangers in such bodies insinuating their doctrine under the guise of legal argument in civil proceedings, but find it difficult to enunciate a principled distinction between doctrine and legal argument. We advise that judges should exercise caution in dealing with amicus submissions.

The natural jurisprudence of Jean Barbeyrac: translation as an art of political adjustment

The article makes the case for redescribing Jean Barbeyrac [1674-1744], the great French translator and influential glossator of seventeenth-century Latin natural-law texts, as something quite other than a neutral mediator of Samuel Pufendorf. To consider the specific religious and political charge of his strategies as translator is to recognize the independence of Barbeyrac's Huguenot stance on natura; jurisprudence. This stance is provoked by the profound challenge that Pufendorf's radical post-Wespthalian secularizing of civil authority posed for a Huguenot: how to grant that the state had legitimate authority to regulate all external conduct, but at the same time preserve an inviolable moral space for the exercise of individual conscience. The argument--pointing to Barbeyrac's construction of a 'Lockeanized' Pufendorf--rests both on his famous presentation of Leibniz's critique of Pufendorf's De officio hominis et civis and on more neglected elements of Barbeyrac's corpus.