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Перевод: conventionalism
[существительное] условность ; рутинность
Тезаурус:
- The heart of any positive conception of law, like conventionalism or law as integrity, is its answer to the question why past politics is decisive of present rights.
- This is the sort of case in which judges must exercise the discretionary power described a moment ago, to use extralegal standards to make what conventionalism declares to be new law.
- We should protect convention in that way, according to conventionalism, even if we think judges should sometimes, in dramatic circumstances, flout convention.
- First, conventionalism explains how the content of past political decisions can be made explicit and noncontestable.
- CONVENTIONALISM
- Feminist socialization theories express their conventionalism most noticeably in their relationship to biology.
- Second, conventionalism corrects the popular layman's view that there is always law to enforce.
- The first of the three conceptions of law I introduced in the last chapter, which I called conventionalism, shares the general ambition of the popular slogan, though the interpretation it builds is more subtle in two ways.
- It is not so obvious that the second, negative claim of conventionalism also serves the ideal of protected expectations.
- Conventionalism does not deny that many lawyers hold rival views about the best interpretation of the practice they share.
- The first of the two post-interpretive claims of conventionalism plainly serves that ideal.
- This positive part of conventionalism most plainly corresponds to the popular slogan that judges should follow the law and not make new laws in its place.
- Every complex political community, conventionalism insists, has such conventions.
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