Kobayashi Maru: Arduous Effort and Scant Incorporation of the Yamashita Standard to the Hellenic Law

Kobayashi Maru: Arduous Effort and Scant Incorporation of the Yamashita Standard to the Hellenic Law brill.nl/eccl © Koninklijke Brill NV, Leiden, 2011 DOI: 10.1163/157181711X578440 Kobayashi Maru: Arduous Effort and Scant Incorporation of the Yamashita Standard to the Hellenic Law Constantine D. Mortopoulos* Legal Advisor of the NATO Deployable Corps-Greece; Speaker of Law of Armed Conflict and Rules of Engagement, NATO School 1. Introduction and Facts The commentary of a legal draft bears an ipso facto fluidity, which derives from the certainty that the content of any text introduced to any Parliamentary Committee is to be further discussed, (re-)formed and (re-)forged by the political parties before its final adoption by the Plenum. Nevertheless, this fluidity also constitutes an invitation to the academic and professional community to contribute in a creative and positive way to the amelioration of the text, whether this contribution is focused on the field of legal theory, or the breathing of pragmatism into the text that aims to the successful application of the final legal product. In fact, the period that lies between the final draft of the ministries and the first session of the Parliamentary Committees is the momentum for fruitful contribution, genuinely benevolent and free from ends, which will unavoidably infiltrate any discussion inside the national parliaments at the http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png European Journal of Crime, Criminal Law and Criminal Justice Brill

Kobayashi Maru: Arduous Effort and Scant Incorporation of the Yamashita Standard to the Hellenic Law

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Publisher
Brill
Copyright
© 2011 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0928-9569
eISSN
1571-8174
D.O.I.
10.1163/157181711X578440
Publisher site
See Article on Publisher Site

Abstract

brill.nl/eccl © Koninklijke Brill NV, Leiden, 2011 DOI: 10.1163/157181711X578440 Kobayashi Maru: Arduous Effort and Scant Incorporation of the Yamashita Standard to the Hellenic Law Constantine D. Mortopoulos* Legal Advisor of the NATO Deployable Corps-Greece; Speaker of Law of Armed Conflict and Rules of Engagement, NATO School 1. Introduction and Facts The commentary of a legal draft bears an ipso facto fluidity, which derives from the certainty that the content of any text introduced to any Parliamentary Committee is to be further discussed, (re-)formed and (re-)forged by the political parties before its final adoption by the Plenum. Nevertheless, this fluidity also constitutes an invitation to the academic and professional community to contribute in a creative and positive way to the amelioration of the text, whether this contribution is focused on the field of legal theory, or the breathing of pragmatism into the text that aims to the successful application of the final legal product. In fact, the period that lies between the final draft of the ministries and the first session of the Parliamentary Committees is the momentum for fruitful contribution, genuinely benevolent and free from ends, which will unavoidably infiltrate any discussion inside the national parliaments at the

Journal

European Journal of Crime, Criminal Law and Criminal JusticeBrill

Published: Jan 1, 2011

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