2018牛津大学奥利尔学院、剑桥大学莫德林学院暑期项目宣讲会及Legal Rules Reassessed主题讲座通知
发布者：系统管理员 发布日期：2018-03-05 点击次数：2063
内容：牛津大学奥利尔学院、剑桥大学莫德林学院暑期项目宣讲会
时间：2018年3月9日13:00-14:00
地点：浙江大学之江校区主楼203室
宣讲人：李菁 WorldStrides | CBL International学术伙伴关系经理
内容：Legal Rules Reassessed讲座
时间：2018年3月9日14:00-15:30
地点：浙江大学之江校区主楼203室
主讲人：Keith Hawkins-牛津大学奥利尔学院的终身荣誉教授
讲座简介：
Central to much legal scholarship in Europe is a view of the law as a system of rules, for which various advantages are claimed. A number of these advantages will be discussed. Legal rules can be put to a variety of uses. For example they can be used as a constraint on behaviour in guiding or controlling the acts of legal decision-makers or establishing limits on their authority. On the other hand, legal actors often use rules as a resource to allow them to pursue other objectives: increased flexibility, the ability to evade compliance, to guide action and marshal argument, to employ as a shield against criticism, and finally to use rules cynically as a justification for avoiding the operation of other legal rules. But there are various problems with legal rules, most notably the fact that rules do not apply automatically, but are selectively used by human beings who choose whether and how to act. Law in practice is a human process. The idea of choosing means the introduction of discretion, a concept which causes difficulties for formalist lawyers. Legal rules can equally cause problems. This is because the meaning of legal rules is not as clear and self-evident as formalist lawyers like to claim.
