989 resultados para Procedural abuse by the courts


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Vols. for 1881-1890 have subtitle: Cases determined in the Courts of Probate and Divorce, in the Admiralty and ecclesiastical courts, and on appeal therefrom in the Privy Council, and in the Court of Appeal.

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Acts and joint resolutions.--Commissioners of Deeds for Virginia.--List of charters.--Tables showing the time for the commencement of the regular terms of the Supreme Court of Appeals.--Synopsis of the financial operations of the treasury for the fiscal year ending the 30th day of September, 1891.--[State indebtedness]--[Tables showing the time for the commencement of the regular terms of the] circuit, county and corporation courts.--Separate election precincts.--Names and numbers of the magisterial districts in the counties of Virginia as reported to this date.

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Includes index.

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"Introduction [by] Judge Joseph Padway."

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Part 1, April 24, 1991; pt. 2, June 26, 1991; pt. 3, July 19, 1991; pt. 4, October 17, 1991; pt. 5, April 29-30, 1992; pts. 6-7, July 2, 29 and 30, 1992.

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Vols. 1-11 compiled and annotated by J. Proffatt; v. 12-100 by A. C. Freeman

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Description based on: 43rd ed. (1957).

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Description based on: 43rd ed. (1957).

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This article investigates the ethics of intervention and explores the decision to invade Iraq. It begins by arguing that while positive international law provides an important framework for understanding and debating the legitimacy of war, it does not cover the full spectrum of moral reasoning on issues of war and peace. To that end, after briefly discussing the two primary legal justifications for war (implied UN authorization and pre-emptive self-defence), and finding them wanting, it asks whether there is a moral 'humanitarian exceptions to this rule grounded in the 'just war' tradition. The article argues that two aspects of the broad tradition could be used to make a humanitarian case for war: the 'holy war' tradition and classical just war thinking based on natural law. The former it finds problematic, while the latter it argues provides a moral space to justify the use of force to halt gross breaches of natural law. Although such an approach may provide a moral justification for war, it also opens the door to abuse. It was this very problem that legal positivism from Vattel onwards was designed to address. As a result, the article argues that natural law and legal positivist arguments should be understood as complementary sets of ideas whose sometimes competing claims must be balanced in relation to particular cases. Therefore, although natural law may open a space for justifying the invasion of Iraq on humanitarian terms, legal positivism strictly limits that right. Ignoring this latter fact, as happened in the Iraq case, opens the door to abuse.