The Experts below are selected from a list of 107853 Experts worldwide ranked by ideXlab platform
Markus D Dubber - One of the best experts on this subject based on the ideXlab platform.
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the Comparative History and theory of corporate criminal liability
2013Co-Authors: Markus D DubberAbstract:An exercise in Comparative legal History and legal theory, this article challenges the radical distinction that traditionally has been drawn between corporate criminal liability in German and Anglo-American law. In the familiar account, corporate criminal liability in the common law and the civil law passed each other like ships in the night, sometime around the turn of the nineteenth century: the common law had no corporate criminal liability before 1800, and the civil law had no corporate criminal liability after 1800. Closer inspection, however, reveals that corporate criminal liability was widely accepted in both common law and civil law countries at least since the Middle Ages, and that rejection of corporate criminal liability was complete neither in England before 1800 nor in Germany after 1800.
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the Comparative History and theory of corporate criminal liability
2012Co-Authors: Markus D DubberAbstract:This paper is an exercise in Comparative legal History and theory. It argues, first, that traditional views of the History of corporate criminal liability in German and Anglo-American law are interestingly mistaken, or at least incomplete, taken independently and Comparatively, and, second, that histories and theories of corporate criminal liability engage in symbolic jurisprudence insofar as they treat their subject as a litmus test for other, more fundamental, phenomena, such as the relative influence of Roman and German law or the relative commitment of systems of criminal law to science, truth, and justice.
Mikael Rask Madsen - One of the best experts on this subject based on the ideXlab platform.
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between universalism and regional law and politics a Comparative History of the american european and african human rights systems
2018Co-Authors: Alexandra Huneeus, Mikael Rask MadsenAbstract:This article represents a first systematic attempt to compare the institutional histories of the regional human rights systems in Europe, the Americas, and Africa. It argues that the three main regional human rights systems have enacted common scripts that have produced relatively similar institutional models across the regions under scrutiny. This is not to deny, however, the enormous variation among the systems; nor is it to deny the role of local social and political contexts in shaping them. Rather, the analysis seeks precisely to identify both the common institutional scripts and the regional particularities to render the general History of regional human rights courts and commissions—a key component of the larger History of human rights that has been largely overlooked in current debates. We argue that the dynamics of the Cold War initially shaped the bounds within which actors in each region came to realize, re-shape, and re-signify common institutional scripts.
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between universalism and regional law and politics a Comparative History of the american european and african human rights systems
2017Co-Authors: Alexandra Huneeus, Mikael Rask MadsenAbstract:Regional human rights have been heralded as one of the greatest innovations of international law of the 20th century. And yet, the broader debate on the History of human rights has paid surprisingly little attention to regional human rights systems, thereby missing some of the most salient strands of the larger History. This article represents a first systematic attempt to compare the institutional histories of the regional human rights systems in Europe, the Americas and Africa. It reveals how the regional rights systems’ evolution has been shaped in part by the same geopolitical dynamics, and how, in many ways, the systems have explicitly and implicitly worked in tandem, linked by common challenges, and notably by shared ideas and practices. Our story also uncovers that the paths of influence between the regional rights systems are not, as is often assumed, simply unidirectional: while it is undoubtedly the case that the European human rights system became influential in its region earlier, the Latin American and African systems have also contributed to the making of the broader international human rights order.
Denis Robichaud - One of the best experts on this subject based on the ideXlab platform.
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tearing plato to pieces gianfrancesco pico della mirandola and marsilio ficino on the History of platonism
2020Co-Authors: Denis RobichaudAbstract:This article considers Gianfrancesco Pico della Mirandola’s understanding of the History of Platonism in his Examen vanitatis. It analyzes his sources and methods for understanding the History of philosophy—genealogical source criticism, historiographical analysis, and Comparative History—and argues that his approach is shaped by anti-Platonic Christian apologetics. It documents how Gianfrancesco Pico closely studies Marsilio Ficino’s and his uncle Giovanni Pico’s understandings of Platonism and its History, and how his contextualization of their work within the broader History of Platonism is part of a larger endeavour to turn the page and even close the book on this chapter of the Quattrocento. Although neither Ficino nor Gianfrancesco finds universal agreement among ancient Platonists, Ficino explains their History as one of inquiry and interpretation, in which Platonism and Christianity are inexorably united, whereas Gianfrancesco characterizes it as a History of lies and disagreements that threaten Christianity. In trying to protect sacred History, Gianfrancesco Pico helped develop the tools that would eventually critique it.
Robichaud, Denis J.-j. - One of the best experts on this subject based on the ideXlab platform.
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Tearing Plato to Pieces: Gianfrancesco Pico della Mirandola and Marsilio Ficino on the History of Platonism Denis J.-J. Robichaud
2020Co-Authors: Robichaud, Denis J.-j.Abstract:This article considers Gianfrancesco Pico della Mirandola’s understanding of the History of Platonism in his Examen vanitatis. It analyzes his sources and methods for understanding the History of philosophy—genealogical source criticism, historiographical analysis, and Comparative History—and argues that his approach is shaped by anti-Platonic Christian apologetics. It documents how Gianfrancesco Pico closely studies Marsilio Ficino’s and his uncle Giovanni Pico’s understandings of Platonism and its History, and how his contextualization of their work within the broader History of Platonism is part of a larger endeavour to turn the page and even close the book on this chapter of the Quattrocento. Although neither Ficino nor Gianfrancesco finds universal agreement among ancient Platonists, Ficino explains their History as one of inquiry and interpretation, in which Platonism and Christianity are inexorably united, whereas Gianfrancesco characterizes it as a History of lies and disagreements that threaten Christianity. In trying to protect sacred History, Gianfrancesco Pico helped develop the tools that would eventually critique it.Cet article examine la conception de l’histoire du platonisme qui se détache de l’Examen vanitatis de Gianfrancesco Pico della Mirandola. Il analyse les sources et les méthodes utilisées par Gianfrancesco pour comprendre l’histoire de la philosophie — critique généalogique des sources, analyse historiographique et histoire comparée — et soutient que son Examen vanitatis est façonné par l’apologétique chrétienne anti-platonicienne. Il démontre qu’en s’intéressant de près aux interprétations que Marsilio Ficino et son oncle Giovanni Pico ont proposées de l’oeuvre de Platon et son histoire, et en replaçant ces dernières dans le contexte plus large de l’histoire du platonisme, Gianfrancisco Pico a participé à une entreprise plus vaste qui visait à tourner la page, voire à refermer entièrement le livre de ce chapitre du Quattrocento. Bien que ni Ficino ni Gianfrancesco ne trouvent un accord universel parmi les anciens platoniciens, Ficino revisite cette période comme l’histoire d’une enquête herméneutique qui aurait inexorablement lié le platonisme au christianisme, tandis que Gianfrancesco l’interprète comme une série de mensonges et de désaccords qui auraient à l’inverse menacé le christianisme. En essayant de protéger l’histoire sacrée, Gianfrancesco Pico a fini par contribuer à développer les outils qui serviront à la critiquer
Alexandra Huneeus - One of the best experts on this subject based on the ideXlab platform.
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between universalism and regional law and politics a Comparative History of the american european and african human rights systems
2018Co-Authors: Alexandra Huneeus, Mikael Rask MadsenAbstract:This article represents a first systematic attempt to compare the institutional histories of the regional human rights systems in Europe, the Americas, and Africa. It argues that the three main regional human rights systems have enacted common scripts that have produced relatively similar institutional models across the regions under scrutiny. This is not to deny, however, the enormous variation among the systems; nor is it to deny the role of local social and political contexts in shaping them. Rather, the analysis seeks precisely to identify both the common institutional scripts and the regional particularities to render the general History of regional human rights courts and commissions—a key component of the larger History of human rights that has been largely overlooked in current debates. We argue that the dynamics of the Cold War initially shaped the bounds within which actors in each region came to realize, re-shape, and re-signify common institutional scripts.
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between universalism and regional law and politics a Comparative History of the american european and african human rights systems
2017Co-Authors: Alexandra Huneeus, Mikael Rask MadsenAbstract:Regional human rights have been heralded as one of the greatest innovations of international law of the 20th century. And yet, the broader debate on the History of human rights has paid surprisingly little attention to regional human rights systems, thereby missing some of the most salient strands of the larger History. This article represents a first systematic attempt to compare the institutional histories of the regional human rights systems in Europe, the Americas and Africa. It reveals how the regional rights systems’ evolution has been shaped in part by the same geopolitical dynamics, and how, in many ways, the systems have explicitly and implicitly worked in tandem, linked by common challenges, and notably by shared ideas and practices. Our story also uncovers that the paths of influence between the regional rights systems are not, as is often assumed, simply unidirectional: while it is undoubtedly the case that the European human rights system became influential in its region earlier, the Latin American and African systems have also contributed to the making of the broader international human rights order.