Journal articles: 'LegalBIM'

1

Schneider, Henrique. "Legalism:." Journal of Chinese Philosophy 38, no. 1 (March 1, 2011): 46–63. http://dx.doi.org/10.1163/15406253-03801005.

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2

He, Peng. "The difference of Chinese legalism and western legalism." Frontiers of Law in China 6, no. 4 (November 16, 2011): 645–69. http://dx.doi.org/10.1007/s11463-011-0148-y.

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3

Don Moon. "China, WTO, Dispute Settlement, Responsive Legalism, Aggressive Legalism, Compliance." Korean Political Science Review 49, no. 1 (March 2015): 99–129. http://dx.doi.org/10.18854/kpsr.2015.49.1.005.

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4

Chatterjee, P. "Introduction: Postcolonial Legalism." Comparative Studies of South Asia, Africa and the Middle East 34, no. 2 (January 1, 2014): 224–27. http://dx.doi.org/10.1215/1089201x-2773803.

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5

Michelman, Frank I. "Legalism and Humankind." Social Philosophy and Policy 9, no. 2 (1992): 190–208. http://dx.doi.org/10.1017/s0265052500001473.

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Prescriptive political and moral theories contain ideas about what human beings are like and about what, correspondingly, is good for them. Conceptions of human “nature” and corresponding human good enter into normative argument by way of support and justification. Of course, it is logically open for the ratiocinative traffic to run the other way. Strongly held convictions about the rightness or wrongness, goodness or badness, of certain social institutions or practices may help condition and shape one's responses to one or another set of propositions about what people are like and what, in consequence, they have reason to value.

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YINGER, KENT L. "The Continuing Quest for Jewish Legalism." Bulletin for Biblical Research 19, no. 3 (January 1, 2009): 375–91. http://dx.doi.org/10.2307/26424216.

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Abstract In spite of widespread acceptance of the nonlegalistic character of first-century Judaism (following E. P. Sanders), some Pauline scholars continue to interpret the apostle's statements against a backdrop of Jewish legalism. Rather than accuse Paul of misconstruing his own religious heritage, they choose a variety of paths to rediscovering legalism in Judaism. This article highlights seven of these approaches to rediscovering legalistic Judaism, all of which are deemed thus far unsuccessful, largely due to inadequate definitions of legalism.

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7

Barnes, Jeb, and Thomas F. Burke. "Untangling the Concept of Adversarial Legalism." Annual Review of Law and Social Science 16, no. 1 (October 13, 2020): 473–87. http://dx.doi.org/10.1146/annurev-lawsocsci-041620-083410.

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The concept of adversarial legalism has been widely used by scholars of law, public administration, public policy, political science, sociology, and Law and Society, but the varying ways in which the concept has been employed raise concerns that it has become stretched to the point of incoherence. We argue that adversarial legalism entails both a style, an everyday practice of dispute resolution and policy making with distinct attributes, and a structure of governance that can be compared to other structures of authority. Untangling these aspects of adversarial legalism allows us to make sense of its different uses and identify future avenues of inquiry. Despite its wide application, adversarial legalism is in fact underutilized, especially in studies aimed at understanding consequences of judicialization, legalization, and juridification in the United States and abroad.

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8

Gellén, Márton. "Professionalization of Civil Service in Hungary: The Potential Impacts of Centralizing Public Administration Education." Central European Public Administration Review 11, no. 2 (May 9, 2014): 93–107. http://dx.doi.org/10.17573/ipar.2013.2.a05.

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The article examines the recent developments in public administration training in Hungary and draws conclusions for the future. The paper analyzes the connection between legalism and professionalism in Hungary. Legalism and professionalism are displayed as contrary notion by a considerable number of theorists. It appears that »legalism« is an appropriate label for the past status of public administration that reformists long to abandon. Since Hungary is considered to be part of the legalistic culture of European public administration (PA), the assumed conflict between legalism and professionalism appears more vividly. As part of the currently undergoing reform, professionalism received an influential institutional promoter within the Hungarian PA: the National University of Public Administration that is primarily a university but is also a successor of the government agency that used to be in charge of civil service professional training. The article concludes with summarizing the currently undergoing reform regarding professionalism that is also presented as being contrary to the legalistic PA in the government reform program for modernizing PA.

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9

Whyte, John D. "Normative Order and Legalism." University of Toronto Law Journal 40, no. 3 (1990): 491. http://dx.doi.org/10.2307/825821.

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10

김유지. "Legalism of Han Fei." Journal of Law-Related Education 4, no. 2 (December 2009): 31–55. http://dx.doi.org/10.29175/klrea.4.2.200912.31.

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11

Corrales, Javier. "Autocratic Legalism in Venezuela." Journal of Democracy 26, no. 2 (2015): 37–51. http://dx.doi.org/10.1353/jod.2015.0031.

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12

SCHNEIDER, HENRIQUE. "LEGALISM: CHINESE-STYLE CONSTITUTIONALISM?" Journal of Chinese Philosophy 38, no. 1 (February 24, 2011): 46–63. http://dx.doi.org/10.1111/j.1540-6253.2010.01630.x.

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13

Westberg, Daniel. "Reason, Will and Legalism." New Blackfriars 68, no. 809 (October 1987): 431–36. http://dx.doi.org/10.1111/j.1741-2005.1987.tb01278.x.

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14

MACCORMICK, NEIL. "The Ethics of Legalism." Ratio Juris 2, no. 2 (July 1989): 184–93. http://dx.doi.org/10.1111/j.1467-9337.1989.tb00036.x.

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15

van der Vet, Freek. "Holding on to Legalism." Social & Legal Studies 23, no. 3 (May 7, 2014): 361–81. http://dx.doi.org/10.1177/0964663914530420.

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16

Q.C., McKee. "Legalism in Industrial Tribunals." Industrial Law Journal 15, no. 1 (1986): 110–12. http://dx.doi.org/10.1093/ilj/15.1.110.

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17

Jin, Xiaoou. "On the Monarch and Reflections on Machiavellism from the Oriental Perspective." Review of Educational Theory 4, no. 4 (November 25, 2021): 96. http://dx.doi.org/10.30564/ret.v4i4.3825.

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Machiavelli, a famous Italian politician, stated that as long as the final aim is proper, a king can use whatever means despicable in order to achieve the supreme position. His thought is summed up as Machiavellianism later. His point of view fits into the dominion strategy of Feudal Chinese Emperor, which can be concluded as confucianism and legalism. Through the analysis of Machiavellianism from the oriental perspective, we find that the art of imperial rule whether western or eastern happen to share the same view. Through out the history of ancient China, analogous to Machiavellianism, Legalism had been proved useful in rule since early. Moreover, different from the west, Chinese dominator used confucianism ethics on the surface for morale, and applied legalism in practice.

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18

Choi, Michael Jin. "Irenaeus on Law and Justification." Expository Times 130, no. 2 (March 16, 2018): 53–61. http://dx.doi.org/10.1177/0014524618767217.

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A theological problem in the ongoing debate on the doctrine of justification between the Old and the New Perspectives on Paul hinges on the question of whether or not legalism was assumed by Paul when he was addressing this doctrine. This study explores how Irenaeus would have responded to the same question concerning Paul’s teaching on justification. Thus, Irenaeus’ explicit comments critically relevant to the debate have been identified and analyzed. It appears that Irenaeus, in a qualified way, would have supported the idea that legalism had emerged in the period soon after the giving of the Mosaic Covenant and had persisted into the Second Temple Period. Irenaeus’ agreement with Justin’s view of the Mosaic Law helps him to see that externalized religion had become the seedbed for legalism.

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19

Hadinatha, Miftah Faried. "Peran Mahkamah Konstitusi Mencegah Gejala Autocratic Legalism di Indonesia." Jurnal Konstitusi 19, no. 4 (November 30, 2022): 741. http://dx.doi.org/10.31078/jk1941.

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The phenomenon of autocratic legalism has become a serious problem that threatens democracy. As the guardian of constitution, the Constitutional Court should be present to stop the spread of this phenomenon. This research has two objectives, first, to understand the autocratic legalism phenomenon and the spread of it. Second, to formulate what kind of role the Constitutional Court can play to stop the escalation of it. The research methods used are doctrinal. The results showed, firstly, autocratic legalism refers to the actions of a person who uses the law to legitimize his desire for power. This can be seen in several policies issued in Indonesia. Second, the way the Constitutional Court can stop the escalation of it by adopting the doctrine of unconstitutional constitutional amendment and judicial activism in the exercise of judicial review.

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20

Ezeh, Ugochukwu. "‘Our Enemies Are Swindlers’! Conceptualising Anti-Corruption Legalism as a Securitising Device." Verfassung in Recht und Übersee 54, no. 2 (2021): 219–42. http://dx.doi.org/10.5771/0506-7286-2021-2-219.

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This article seeks to conceptualise anti-corruption legalism as a symptom of a broader phenomenon: the securitisation of corruption. Securitisation refers to the complex social processes through which political actors frame corruption as an existential threat to valued referent objects; construct it as a security problem; and, in turn, acquire broad mandates to tackle it by recourse to emergency measures. By building on case studies from contemporary Nigerian legal history, this article argues that the securitisation of corruption is mediated, to a considerable extent, by anti-corruption legalism - defined as a repertoire of legalistic rules, discourses, and practices that perform a regulatory crackdown on corruption. As a constitutive element of the securitisation of corruption, anti-corruption legalism excises corruption from legal and other normative frameworks applicable to other crimes with a view to tackling it through a repressive national security paradigm. Securitisation, in turn, catalyses the decline of the rule of law through its corrosive effects on judicial power, judicial independence, and human rights. Taken together, securitisation and anti-corruption legalism are counterproductive approaches insofar as they undermine the evolution of democratic values, political accountability mechanisms, and independent constitutional institutions that form the bedrock of meaningful and sustainable anti-corruption strategies.

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21

McHugh, PG. "The Crown's Relationship with Tribal Peoples and the Legal Dynamics for the Resolution of Historical and Contemporary Claims." Victoria University of Wellington Law Review 46, no. 3 (October 1, 2015): 875. http://dx.doi.org/10.26686/vuwlr.v46i3.4898.

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This article reflects upon themes and foundations of the contemporary legalism attending the resolution of aboriginal claims. It opens with a broad description of the historical foundation of that legalism in the imperial prerogative of the Crown and its continuance in the national constitutional systems of Canada and New Zealand. It then considers how that legalism, with its origination in the imperial prerogative and the ongoing comparative dimension associated with that origin, inhabits a recent local example, namely New Zealand’s Marine and Coastal Area (Takutai Moana) Act 2011. The article shows how this provision reflects the general features of indigenous rights' jurisprudence as it has emerged over the past 30 years: it carries residual elements of the imperial prerogative and it has a comparative element, yet it is also a peculiarly New Zealand instance that marks a new step in the jurisprudence.

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22

WIDIATEDJA, I. Gusti Ngurah Parikesit. "The Evolution of the Dispute Settlement Mechanism in Preferential Trade Agreements [PTAs]: The Case of Indonesia." Asian Journal of International Law 10, no. 2 (July 2020): 346–74. http://dx.doi.org/10.1017/s204425132000017x.

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AbstractThe dispute settlement mechanism [DSM] under preferential trade agreements [PTAs] is crucial to ensure adequate implementation and enforcement of commitments among contracting parties. The DSM has evolved from political/diplomatic styles with a low level of legalism to judicial styles with a high level of legalism. Indonesia has also experienced this evolution process in its PTAs. This paper aims to show the evolution of the DSM in Indonesian PTAs, analyzing several related factors behind this trend. The paper argues that the evolution of the DSM from the GATT to WTO, Indonesia's participation in regional trade agreement, that is, ASEAN, the influence of trade partners, the existence of domestic factors, and the ongoing WTO dispute encourage the evolution of the DSM in Indonesian PTAs from political styles to more judicial styles with a high level of legalism.

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23

Cheng, Chung-Ying. "Understanding Legalism in Chinese Philosophy." Journal of Chinese Philosophy 38, no. 1 (March 1, 2011): 1–3. http://dx.doi.org/10.1163/15406253-03801001.

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24

Goldin, Paul R. "Persistent Misconceptions about Chinese “Legalism”." Journal of Chinese Philosophy 38, no. 1 (March 1, 2011): 88–104. http://dx.doi.org/10.1163/15406253-03801008.

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25

Kudria, I. H. "THE POLITICAL THEORY OF LEGALISM." Scientific notes of Taurida National V.I. Vernadsky University, series Philosophy, no. 2 (2020): 26–29. http://dx.doi.org/10.32838/2709-2933/2020.2/05.

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26

Kagan, Robert A. "Adversarial Legalism and American Government." Journal of Policy Analysis and Management 10, no. 3 (1991): 369. http://dx.doi.org/10.2307/3325322.

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27

GOLDIN, PAUL R. "PERSISTENT MISCONCEPTIONS ABOUT CHINESE “LEGALISM”." Journal of Chinese Philosophy 38, no. 1 (February 24, 2011): 88–104. http://dx.doi.org/10.1111/j.1540-6253.2010.01629.x.

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28

Yun, Tang. "Freedom, legalism and subject formation." Philosophy & Social Criticism 40, no. 2 (January 31, 2014): 171–90. http://dx.doi.org/10.1177/0191453713518322.

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29

Hurd, Ian. "The Empire of International Legalism." Ethics & International Affairs 32, no. 3 (2018): 265–78. http://dx.doi.org/10.1017/s0892679418000394.

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AbstractThe international rule of law is a political system of governance. It rests on the expectation that governments will abide by their legal obligations and so defines what counts as appropriate behavior for states. The relationship between law and politics in global governance is better understood as an empire of global legalism than as an anarchic world of sovereign states. Legal justification is the lingua franca of legitimation contests among governments, as states strive to show that their preferred policies are lawful and that those they oppose are unlawful. Seeing the world this way helps to show the political content of international law: neither a neutral framework that sustains all viewpoints nor an inherently progressive contribution to global order, international law is a political system of governance that advances some interests at the expense of others, and our attention should be directed toward assessing which interests are served by the turn to global legalism and at whose expense.

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30

Anderson, C. Leigh, and Robert A. Kagan. "Adversarial legalism and transaction costs:." International Review of Law and Economics 20, no. 1 (March 2000): 1–19. http://dx.doi.org/10.1016/s0144-8188(00)00018-1.

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31

Franceschet, Antonio. "Cosmopolitan ethics and global legalism." Journal of Global Ethics 1, no. 2 (December 2005): 113–26. http://dx.doi.org/10.1080/17449620500319320.

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32

Boesche, Roger. "Han feizi's legalism versus kautilya'sArthashastra." Asian Philosophy 15, no. 2 (July 2005): 157–72. http://dx.doi.org/10.1080/09552360500123840.

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33

Brown, Jennifer. "The changing purpose of mental health law: From medicalism to legalism to new legalism." International Journal of Law and Psychiatry 47 (July 2016): 1–9. http://dx.doi.org/10.1016/j.ijlp.2016.02.021.

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34

Kagan, Robert A. "Do Lawyers Cause Adversarial Legalism? A Preliminary Inquiry." Law & Social Inquiry 19, no. 01 (1994): 1–62. http://dx.doi.org/10.1111/j.1747-4469.1994.tb00389.x.

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Cross-national case studies have indicated that compared to other economically advanced democracies, American methods of policy implementation and dispute resolution are more adversarial and legalistic, shaped by costly court action or the prospect of it. To what extent are lawyers responsible for creating American-style adversarial legalism? This article argues that while adversarial legalism stems primarily from enduring features of American political culture and governmental structure, the legal profession plays a significant independent role in promoting and perpetuating this mode of governance.

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35

Invernizzi, S. "Aspetti Medico-Legali." Urologia Journal 58, no. 1 (February 1991): 70–73. http://dx.doi.org/10.1177/039156039105800115.

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36

Rana, Arslan Tariq. "Trade and Conflicts: Do Preferential Trade Agreements Matter?" Peace Economics, Peace Science and Public Policy 21, no. 4 (December 1, 2015): 561–74. http://dx.doi.org/10.1515/peps-2015-0029.

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AbstractA long debate continues whether international trade institutions (specifically preferential trade agreements [PTAs]) affect security relations between states. Contradicting theories and empirical claims are put forward by realists and liberals. The former posit that the institutions are epiphenomenal and possess no power to constrain state behavior whereas the latter claim that the institutions are likely to promote cooperation by supplying forums for consultation, arbitration and adjudication, thus reducing the risk of war between states. This study identifies an important channel through which the legal dimension of trade agreements (hence dispute settlement mechanisms [DSMs] in PTAs) may have pacifying effects on the outbreaks of war. DSMs of PTAs do have strong implications for militarized interstate disputes (MIDs), although not directly, but through low-level of foreign policy disputes, such as economic sanctions. If economic sanctions are believed to escalate to violent conflict, PTA DSMs may reduce the probability of war by mitigating the escalation of economic sanctions. However, the level of legalism differs among DSMs in PTAs. The present study first confirms empirically that sanction disputes escalate to militarized disputes and further, addresses the selection issue by using bivariate probit model. I find a sizeable impact of medium level of legalism reducing the sanctions escalation into war whereas high level of legalism, in which the state sovereignty is limited, do reduce the probability of sanctions but have no impact on war probability. Further, the interstate political cooperation proves to be a strong determinant for highly legalistic PTAs but not in the case of medium level of legalism.

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37

Paradizo, Inayá Castiglioni, Bernardo Pretti Becacici Macieira, Vinícius Novo Gama, Leonardo Valandro Zanetti, and Geraldo Rogerio Faustini Cuzzuol. "A plasticidade fenotípica como indicador de arbóreas não pioneiras mais tolerantes à elevada irradiância." Pesquisa Florestal Brasileira 35, no. 84 (December 31, 2015): 359. http://dx.doi.org/10.4336/2015.pfb.35.84.927.

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A ocorrência de Cariniana legalis (Mart.) Kuntze (Lecythidaceae) em florestas secundárias em diferentes fases de regeneração sugere que essa espécie seja mais resistente a pleno sol em relação a Paratecoma peroba (Record. & Mell) Kuhlm. (Bignoniaceae) encontrada no interior da floresta primária densa. O objetivo desse trabalho foi caracterizar a plasticidade das variáveis de crescimento, anatômicas e estruturais de parede celular de C. legalis e P. peroba. Como o caule é forte dreno em arbóreas, foi elaborada a hipótese que as plasticidades das ligninas e dos monossacarídeos das hemiceluloses são maiores em relação às variáveis de crescimento e anatômicas, especialmente em C. legalis, mais resistente a pleno sol, como sugere seu hábito ecológico. Plantas jovens, com 14 meses de idade, foram submetidas a 20 e 100% de luminosidade solar por 60 dias. Diferente do esperado, a plasticidade das ligninas foi inferior a das variáveis de crescimento e anatômicas para as duas espécies. A composição das hemiceluloses de C. legalis não foi influenciada pela luminosidade. Em P. peroba, a proporção de arabinose foi menor a pleno sol. Concluímos que a indicação de maior resistência de C. legalis a pleno sol foi associada ao índice de plasticidade das taxas de assimilação líquida e de crescimento relativo (≥ 0,6), densidade estomática (≥ 0,3) e ligninas (≤ 0,2).

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38

Baker, Mark D. "Is This the Gospel? An Evaluation of the Legalism Present in Churches in a Tegucigalpa Barrio." Missiology: An International Review 25, no. 4 (October 1997): 405–18. http://dx.doi.org/10.1177/009182969702500402.

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This article is based on an ethnographic study of evangelical churches in a Honduran barrio. It reveals the legalism present and analyzes how this legalism affects the people themselves, how it affects their relations with others, and how it affects their concept of God. The article demonstrates that churches officially state a doctrine of grace, but live out a theology of works righteousness. This situation calls us to ask what went wrong and to evaluate our own preaching and teaching. The final section begins to explore what we can learn from this study and how we can address the problems described.

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39

Callahan, Daniel. "Escaping from Legalism: Is It Possible?" Hastings Center Report 26, no. 6 (November 1996): 34. http://dx.doi.org/10.2307/3528757.

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40

Carrigan, Frank. "The Trivial Nature of Strict Legalism." Oxford University Commonwealth Law Journal 13, no. 1 (September 30, 2013): 1–7. http://dx.doi.org/10.5235/14729342.13.1.1.

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41

Smith, Rogers M. "Legitimating Reconstruction: The Limits of Legalism." Yale Law Journal 108, no. 8 (June 1999): 2039. http://dx.doi.org/10.2307/797382.

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42

Caraico, Sheila. "Legalism and Realism in the Gulf." Middle East Report, no. 206 (1998): 3. http://dx.doi.org/10.2307/3012471.

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43

Kagan, R. "Should Europe worry about adversarial legalism?" Oxford Journal of Legal Studies 17, no. 2 (June 1, 1997): 165–84. http://dx.doi.org/10.1093/ojls/17.2.165.

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44

Dossa, Shiraz. "Liberal legalism: Law, culture and identity." European Legacy 4, no. 3 (June 1999): 73–87. http://dx.doi.org/10.1080/10848779908579973.

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45

Rentmeester, Christy A., and Constance George. "Legalism, Countertransference, and Clinical Moral Perception." American Journal of Bioethics 9, no. 10 (October 13, 2009): 20–28. http://dx.doi.org/10.1080/15265160902985001.

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46

Hendricks, J. J. "Women-Centered Reality and Rational Legalism." Administration & Society 23, no. 4 (February 1992): 455–70. http://dx.doi.org/10.1177/009539979202300403.

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47

Kennedy, Duncan. "The Paradox of American Critical Legalism." European Law Journal 3, no. 4 (December 1997): 359–77. http://dx.doi.org/10.1111/1468-0386.00036.

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48

CHENG, CHUNG-YING. "PREFACE: UNDERSTANDING LEGALISM IN CHINESE PHILOSOPHY." Journal of Chinese Philosophy 38, no. 1 (February 24, 2011): 1–3. http://dx.doi.org/10.1111/j.1540-6253.2010.01624.x.

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49

Williamson, Edwin D. "Realism Versus Legalism in International Relations." Proceedings of the ASIL Annual Meeting 96 (2002): 262–65. http://dx.doi.org/10.1017/s0272503700063503.

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50

Dickson, Tiphaine. "Shklar's Legalism and the Liberal Paradox." Constellations 22, no. 2 (March 27, 2015): 188–98. http://dx.doi.org/10.1111/1467-8675.12152.

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Journal articles on the topic 'LegalBIM'

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