Pub Date : 2021-01-08DOI: 10.1163/9789004439450_019
{"title":"Religion, Beliefs, and Freedom of Speech: The Disorientation of the European Court of Human Rights","authors":"","doi":"10.1163/9789004439450_019","DOIUrl":"https://doi.org/10.1163/9789004439450_019","url":null,"abstract":"","PeriodicalId":146261,"journal":{"name":"Challenges to Legal Theory","volume":"120 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128600189","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-01-08DOI: 10.1163/9789004439450_015
{"title":"Bioethics and Legal Philosophy: An Inevitable and Necessary Reflection","authors":"","doi":"10.1163/9789004439450_015","DOIUrl":"https://doi.org/10.1163/9789004439450_015","url":null,"abstract":"","PeriodicalId":146261,"journal":{"name":"Challenges to Legal Theory","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116574683","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-09-10DOI: 10.1093/law/9780198796190.003.0037
François Ost
This chapter discusses the representation of arbitration in literature. Arbitration seems to receive little attention in literary works, as opposed to justice and the judge, which form the heart of the ‘law and literature’ movement. This disparity is likely due to the collective fascination with the judge as the embodiment of justice. The air of mystery that often surrounds arbitration can also be explained by the difference between the way in which it is presented in fictional texts and in modern law. Literature does not usually apprehend arbitration in the strict understanding of a private judge chosen by the parties, who adjudicates on a dispute by rendering a final and binding award which he cannot enforce without the assistance of state courts. Yet literature’s approximations in the treatment of arbitration are precisely what makes them interesting, in that they shed a welcome light on a justice that is both broader and more perennial than the justice that is rendered within the strict boundaries of the traditional court system. Works of literary fiction also provide many valuable stories about the value and reach of decisions rendered by arbitrators.
{"title":"Arbitration and Literature","authors":"François Ost","doi":"10.1093/law/9780198796190.003.0037","DOIUrl":"https://doi.org/10.1093/law/9780198796190.003.0037","url":null,"abstract":"This chapter discusses the representation of arbitration in literature.\u0000 Arbitration seems to receive little attention in literary works, as\u0000 opposed to justice and the judge, which form the heart of the ‘law and\u0000 literature’ movement. This disparity is likely due to the collective\u0000 fascination with the judge as the embodiment of justice. The air of\u0000 mystery that often surrounds arbitration can also be explained by the\u0000 difference between the way in which it is presented in fictional texts\u0000 and in modern law. Literature does not usually apprehend arbitration in\u0000 the strict understanding of a private judge chosen by the parties, who\u0000 adjudicates on a dispute by rendering a final and binding award which he\u0000 cannot enforce without the assistance of state courts. Yet literature’s\u0000 approximations in the treatment of arbitration are precisely what makes\u0000 them interesting, in that they shed a welcome light on a justice that is\u0000 both broader and more perennial than the justice that is rendered within\u0000 the strict boundaries of the traditional court system. Works of literary\u0000 fiction also provide many valuable stories about the value and reach of\u0000 decisions rendered by arbitrators.","PeriodicalId":146261,"journal":{"name":"Challenges to Legal Theory","volume":"50 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122262049","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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