The mandate is distinguished from the appeal court's opinion, which sets out the legal reasoning for its decision.

Thus, on this line of reasoning, the legal validity of a norm necessarily entails its moral justice.

" Freedom of contract is a qualified and not an absolute right ...," Hughes declared in upholding an Iowa law that voided contracts limiting the legal rights of railroad workers: The state may " interfere where the parties do not stand upon an equality ...." Using similar reasoning, the associate justice upheld a California law that mandated a forty-eight-hour work-week for women in various industries and allowed a federal statute to override a contract between an interstate railroad and its employees.

For example, Duncan Kennedy, in explicit reference to semiotics and deconstruction procedures, maintains that various legal doctrines are constructed around the binary pairs of opposed concepts, each of which with a claim upon intuitive and formal forms of reasoning that must be made explicit, not only in their meaning but also its relative value, and criticized.

Evidence for this can be found in its concepts, its proposals, and its reasoning.

The reasoning behind this is that by changing the official policy of the party and the state towards religion, the Church and its clergymen could be to his disposal in mobilizing the war effort.

Whether he is discussing problems of scholarship, or reasoning on cases of conscience, comforting the afflicted, or saying pleasant things to his friends, scourging the vices and corruptions of the time, exhorting to the ascetic life and renunciation of the world, or breaking a lance with his theological opponents, he gives a vivid picture not only of his own mind, but of the age and its peculiar characteristics.

Rather, a foreign decision that is obeyed on the basis of the soundness of its reasoning will be called persuasive authority — indicating that its effect is limited to the persuasiveness of the reasons it provides.

Taking the impartial element in ethical reasoning to its logical conclusion means, first, accepting that we ought to have equal concern for all human beings.

The reasoning was that taxes on the rents from land, the dividends from stocks and so forth burdened the property generating the income in the same way that a tax on " property by reason of its ownership " burdened that property.

Modern scientific studies have shown that walking, besides its physical benefits, is also beneficial for the mind — improving memory skills, learning ability, concentration and abstract reasoning, as well as reducing stress and uplifting one's spirits.

Abductive reasoning, or argument to the best explanation, is a form of inductive reasoning, since the conclusion in an abductive argument does not follow with certainty from its premises and concerns something unobserved.

In computer science, a system performs meta-reasoning when it is reasoning about its own operation.

Any group that managed to find ways of reasoning effectively would reap benefits for all its members, increasing their fitness.

Regardless of the reasoning behind its introduction, Elizabeth transformed “ her court into the country ’ s leading musical center .” She would spare no expense in its regard, importing leading musical talents from Germany, France, and Italy.

Earl Sacerdoti and Rene Reboh developed QLISP, an extension of QA4 embedded in INTERLISP, providing Planner-like reasoning embedded in a procedural language and developed in its rich programming environment.

Prior to its emergence, the activity of posing hypothetical questions that employed subjunctive reasoning had existed for a very long time ( for both scientists and philosophers ).

" While a strong case can be made that even the more seemingly arbitrary components of the TCSEC contribute to a " chain of evidence " that a fielded system properly enforces its advertised security policy, not even the highest ( E7 ) level of the CC can truly provide analogous consistency and stricture of evidentiary reasoning.

Writing in 1910, Peirce admits that " in almost everything I printed before the beginning of this century I more or less mixed up hypothesis and induction " and he traces the confusion of these two types of reasoning to logicians ' too " narrow and formalistic a conception of inference, as necessarily having formulated judgments from its premises.

By late medieval reasoning, the city of Orléans had escalated the conflict and forced the use of violence upon the English, so a conquering lord would be just in exacting vengeance upon its citizens.

In any case, he had no intention of being caught asleep, so he carried his revolver in its holster on his hip and he took his Winchester with him and leaned it against the fence.

Snatching the lantern from its peg, he shattered its globe with a blow against a post.

In its beginnings the nation-state had to struggle to assert itself -- internally, against feudal groups, and externally, against the power and influence of such other claimants for loyalty as the Church.

But though each of its members had asserted this right against the Union, the final Constitution which the Confederacy signed on March 11 -- nearly a month before hostilities began -- included no explicit provision authorizing a state to secede.

He saw the Starbird as she lay, her slender mast up and gently turning, its point describing constant languid circles against a cumulus sky.

Whenever the Secretary of the Treasury, or the Comptroller General of the United States, as the case may be, shall find that any person is entitled to any such payment, after such payment shall have been received by such person, it shall be an absolute bar to recovery by any other person against the United States, its officers, agents, or employees with respect to such payment.

`` The other day Arnold Toynbee spoke against the inveterate tendency of our species to believe in the uniqueness of its religions, its ideologies, and its virtually everything else.

Section 203 of the United States Code voids an assignment of a claim against the Government unless made after it has been allowed, the amount due has been ascertained, and a warrant for its payment has been issued.

Certainly, one of the best ways of warning the world against anti-Semitism is to demonstrate its workings as a dangerous weapon.

In 1920, the Lambeth Conference repeated its 1908 condemnation of contraception and issued `` an emphatic warning against the use of unnatural means for the avoidance of conception, together with the grave dangers -- physical, moral, and religious -- thereby incurred, and against the evils which the extension of such use threaten the race ''.

The justification in Christian conscience of the use of any mode of resistance also lays down its limitation -- in the distinction between the persons against whom pressure is primarily directed, those upon whom it may be permitted also to fall, and those who may never be directly repressed for the sake even of achieving some great good.

The Texas Aggies got a day off Monday -- a special gift from Coach Jim Myers for its conference victory last Saturday night, but Myers announced that halfback George Hargett, shaken up in the Tech game, would not play against Trinity Saturday.

Arkansas combined 280 yards rushing with 64 yards passing ( on 5 completions in 7 tosses ) and a tough defense to whip TCU, and A & M, with a 38-point bulge against Texas Tech ran up its biggest total loop play since 1950.

The owners would like each club in the fourteen-team league to play a home-and-home series with teams in its division, plus two games against teams in the other division.

In Cuba, the U. S. had blundered badly and created the impression of impotency against Communist penetration even on its own doorstep.

Business Week ( Aug. 9, 1961 ) reports that the United Aircraft Company, against which the International Association of Machinists had undertaken a strike, decided to keep its plants operating.

For the year, the road earned 133 per cent of its interest costs, against 121 per cent in the preceding period.

A century ago, Newman saw that liberalism ( what we now might call secularism ) would gradually but definitely make its mark on English Protestantism, and that even high Anglicanism would someday no longer be a `` serviceable breakwater against doctrinal errors more fundamental than its own ''.

And, shoving her against a spruce, her back to him, he retreated with the whip and made it whine and crack in the damp air, shortening its arc until it narrowed to her flesh and the sound of it snarled and cracked, settling its own cruel demons on her shoulders while she stood as unchanged, as dark and motionless as ever, her eyes open and staring at the pale delineaments of the bark so close to her face.

Was it not possible, after all, that the forest was in league with her and her child that its sympathy lay with the Culvers that she had erred in failing to understand this??

And all the time, she had the heat of hatred in her, like charcoal that is burning on its under side, but not visibly.

As for progress, the `` backward South '' can boast of Baton Rouge, which increased its population between 1940 and 1950 by two hundred and sixty-two percent, to 126,000, the second largest growth of the period for all cities over 25,000.

In his recognition of his impersonal self the dancer moves, and this self, in the `` first revealed stroke of its existence '', states the theme from which all else must follow.

They differed in the balance they believed essential to the sovereignty of the citizen -- but the supreme sacrifice each made served to maintain a still more fundamental truth: That individual life, liberty and happiness depend on a right balance between the two -- and on the limitation of sovereignty, in all its aspects, which this involves.

In addition, they have been converted to Zen Buddhism, with its glorification of all that is `` natural '' and mysteriously alive, the sense that everything in the world is flowing.

The first sentence, with its platitudinous irony, announces an emblematic intent: `` The way to the churchyard ran along beside the highroad, ran beside it all the way to the end ; ;

When words can be used in a more fresh and primitive way so that they strike with the force of sights and sounds, when tones of sound and colors of paint and the carven shape all strike the sensibilities with an undeniable force of data in and of themselves, compelling the observer into an attitude of attention, all this imitates the way experience itself in its deepest character strikes upon the door of consciousness and clamors for entrance.

Whitehead contends that the human way of understanding existence as a unity of interlocking and interdependent processes which constitute each other and which cause each other to be and not to be is possible only because the basic form of such an understanding, for all its vagueness and tendency to mistake the detail, is initially given in the way man feels the world.

This restless individualism found its answer when he returned to live nearly all the rest of his life in Sweden.

He opens his discourse, however, with a review of the Eisenhower inaugural festivities at which a sympathetic press had assembled its massive talents, all primed to catch some revelation of the emerging new age.

The show was colorful, indeed, exuberant, but the press for all its assiduity could detect no note of a fateful rendezvous with destiny.

I will assume that we are all aware of the continuing struggle, with its limited and precarious success, toward conservatism.

But while the corporation has all the disadvantages of the socialist form of organization ( so cumbersome it cannot constructively do much of anything not compatible with its need to perpetuate itself and maintain its status quo ), unluckily it does not have the desirable aspect of socialism, the motivation to operate for the benefit of society as a whole.

But a writer who has a taste for irony and who sees incest in all its modern dimensions can let his imagination work on the disturbing joke in the incest myth, the joke that strikes right at the center of man's humanness.

From all reports so far received, its performance conformed to the high standards I have just described.

Perhaps Mrs. Meynell would do me the undeserved kindness to keep my own copy of the first edition of my first book, with all its mementos of her and the dear ones.

If, as Reid says, `` nearly all his poetry was produced when he was not taking opium '', there may be some reason to doubt that he was under its influence in the period from 1896 to 1900 when he was writing the poems to Katie King and making plans for another book of verse.

and poetry, with all its emphasis on the passions, encourages the audience to give way to emotion.

Mortality is the pacing of a brief and dangerous watch, and to all sentinels, whether at Elsinore or on the battlements at Mycenae, the coming of dawn has its breath of miracle.

With these and similar tales he was entertaining his English friends, all of whom he was seeing when he was not showing Blackman the sights of London and its environs.

Nevertheless, with all these qualifications and exceptions, the current dystopian phenomenon remains impressive for its criticism that science and technology, instead of bringing utopia, may well enslave, dehumanize, and even destroy men.

He was going to do one or two more films for cash and then chuck it all, leave Rome and its intellectual cliques and money-fed life, go back to Calabria.