LAWS POLITICAL FOUNDATIONS RIVERS RIFLES RICE AND RELIGION ELGAR STUDIES IN LEGAL THEORY

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Law S Political Foundations

Author : John O. Haley
ISBN : 9781785368509
Genre : Law
File Size : 75.12 MB
Format : PDF
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Law’s Political Foundations explains the development of the two basic systems of public and private law and their historical transformations. Examining the historical development of law in China, Japan, Western Europe, and Hispanic America, Haley argues that law is a product, rather than a constitutive element, of political systems.
Category: Law

Legal Theory And The Media Of Law

Author : Thomas Vesting
ISBN : 9781784711603
Genre :
File Size : 62.75 MB
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As many disciplines in the humanities have experienced a focus on culture’s impact in recent decades, questions surrounding the significance of media such as writing, print and computer networks have become increasingly relevant. This book seeks to demonstrate that a media and cultural theory perspective can also be highly productive for legal theory.
Category:

Authority In Transnational Legal Theory

Author : Roger Cotterrell
ISBN : 9781784711627
Genre : Law
File Size : 81.19 MB
Format : PDF
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The increasing transnationalisation of regulation – and social life more generally – challenges the basic concepts of legal and political theory today. One of the key concepts being so challenged is authority. This discerning book offers a plenitude of resources and suggestions for meeting that challenge.
Category: Law

Legal Conversation As Signifier

Author : Jan M. Broekman
ISBN : 9781788110204
Genre : LAW
File Size : 22.40 MB
Format : PDF
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Conversation and argument concerning laws and legal situations take place throughout society and at all levels, yet the language of these conversations differs greatly from that of the courtroom. This insightful book considers the gap between everyday discussion about law and the artificial, technical language developed by lawyers, judges and other legal specialists. In doing so, it explores the intriguing possibilities for future synthesis, a problem often neglected by legal theory.
Category: LAW

Gender Alterity And Human Rights

Author : Ratna Kapur
ISBN : 9781788112536
Genre : Law
File Size : 21.79 MB
Format : PDF
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Human rights are axiomatic with liberal freedom. Yet more rights for women, sexual and religious minorities, has had disempowering and exclusionary effects. Revisiting campaigns for same-sex marriage, violence against women, and Islamic veil bans, Gender, Alterity and Human Rights lays bare how human rights emerge as a project of containment and unfreedom rather than meaningful freedom. Kapur provocatively argues that the futurity of human rights rests in turning away from liberal freedom ­and towards non-liberal registers of freedom.
Category: Law

New Directions For Law In Australia

Author : Ron Levy
ISBN : 9781760461423
Genre : Law
File Size : 61.52 MB
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For reasons of effectiveness, efficiency and equity, Australian law reform should be planned carefully. Academics can and should take the lead in this process. This book collects over 50 discrete law reform recommendations, encapsulated in short, digestible essays written by leading Australian scholars. It emerges from a major conference held at The Australian National University in 2016, which featured intensive discussion among participants from government, practice and the academy. The book is intended to serve as a national focal point for Australian legal innovation. It is divided into six main parts: commercial and corporate law, criminal law and evidence, environmental law, private law, public law, and legal practice and legal education. In addition, Indigenous perspectives on law reform are embedded throughout each part. This collective work—the first of its kind—will be of value to policy makers, media, law reform agencies, academics, practitioners and the judiciary. It provides a bird’s eye view of the current state and the future of law reform in Australia.
Category: Law

The Oxford Handbook Of Comparative Constitutional Law

Author : Michel Rosenfeld
ISBN : 9780191640179
Genre : Law
File Size : 48.6 MB
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The field of comparative constitutional law has grown immensely over the past couple of decades. Once a minor and obscure adjunct to the field of domestic constitutional law, comparative constitutional law has now moved front and centre. Driven by the global spread of democratic government and the expansion of international human rights law, the prominence and visibility of the field, among judges, politicians, and scholars has grown exponentially. Even in the United States, where domestic constitutional exclusivism has traditionally held a firm grip, use of comparative constitutional materials has become the subject of a lively and much publicized controversy among various justices of the U.S. Supreme Court. The trend towards harmonization and international borrowing has been controversial. Whereas it seems fair to assume that there ought to be great convergence among industrialized democracies over the uses and functions of commercial contracts, that seems far from the case in constitutional law. Can a parliamentary democracy be compared to a presidential one? A federal republic to a unitary one? Moreover, what about differences in ideology or national identity? Can constitutional rights deployed in a libertarian context be profitably compared to those at work in a social welfare context? Is it perilous to compare minority rights in a multi-ethnic state to those in its ethnically homogeneous counterparts? These controversies form the background to the field of comparative constitutional law, challenging not only legal scholars, but also those in other fields, such as philosophy and political theory. Providing the first single-volume, comprehensive reference resource, the Oxford Handbook of Comparative Constitutional Law will be an essential road map to the field for all those working within it, or encountering it for the first time. Leading experts in the field examine the history and methodology of the discipline, the central concepts of constitutional law, constitutional processes, and institutions - from legislative reform to judicial interpretation, rights, and emerging trends.
Category: Law

Passage Of Change

Author : Anita Jowitt
ISBN : 9781921666896
Genre : Political Science
File Size : 72.33 MB
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Numerous issues face Pacific states trying to find their way in the early 21st century. Countries are striving to secure the benefits of modernisation. Governance, law and order are needed to reach such a goal, but development cannot be at the price of culture or the environment. The question of how to develop and maintain sound legal systems and legal rules whilst maintaining the unique cultural heritages within the Pacific is a challenge with no easy answer. This interdisciplinary collection locates issues of law and governance within the particular socio-political context of the Pacific island region, presenting sociological, anthropological and political insights alongside jurisprudential analysis. Key issues including corruption, the role of customary law in modern legal systems, the place of human rights in the Pacific, environmental issues and the structure of the state are explored from a variety of perspectives.
Category: Political Science

Secession

Author : Marcelo G. Kohen
ISBN : 0521849284
Genre : Law
File Size : 31.3 MB
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A comprehensive study of secession from an international law perspective.
Category: Law

Handbook Of Intergenerational Justice

Author : Joerg Chet Tremmel
ISBN : 9781847201850
Genre : Psychology
File Size : 58.39 MB
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The contributors to this volume undertake to establish the foundations and definitions of intergenerational justice and to explore its capacity to guide us in policy and public opinion judgments we must make to face unprecedented issues. . . We are changing the biosphere and using resources to an extent never contemplated in the history of ethics. Deterioration of our oceans, loss of topsoil, insecurity about potable water supplies, the ozone hole, global warming, and the question about how to handle high-level nuclear waste which remains lethal perhaps 400,000 years from now, are some examples whose consequences reach far beyond inherited principles and policies of responsibility to others. This Handbook works to open a path for debate, extension of our tradition and invention of new thinking on these issues. Craig Walton, University of Nevada, Las Vegas, US More than a Handbook, this collection is a landmark work showing the way to a new ethics of intergenerational responsibility. It raises, in the most comprehensive way, the overarching ethical questions of our time, What are the rights of future generations? and How might present generations establish a philosophical foundation for its responsibilities to generations to come? . Peter Blaze Corcoran, Center for Environmental and Sustainability Education, Florida Gulf Coast University, US This important book provides a rich menu of history, current theory, and future directions in constitutional law, philosophy of rights and justice, and the relations of economics and politics to time, institutions, and the common good. It is enlivened by back-and-forth discussions among the authors (including some disagreements), as well as by applications to important contemporary issues such as climate change, nuclear waste, and public debt. Theoretic considerations are nicely balanced with examples of the means adopted in a number of countries to establish a legal foundation for protection of the quality of life for future generations. Neva Goodwin, Tufts University, US Do we owe the future anything? If so, what and why? Our capacity to affect the lives of future generations is greater than ever before, but what principles should regulate our relationship with people who don t yet exist? This Handbook offers a comprehensive survey of the key debates and pathbreaking accounts of potential ways forward both ethical and institutional. Andrew Dobson, The Open University, UK This Handbook provides a detailed overview of various issues related to intergenerational justice. Comprising articles written by a distinguished group of scholars from the international scientific community, the Handbook is divided into two main thematic sections foundations and definitions of intergenerational justice and institutionalization of intergenerational justice. The first part clarifies basic terms and traces back the origins of the idea of intergenerational justice. It also focuses on the problem of intergenerational buck-passing in the ecological context; for example in relation to nuclear waste and the greenhouse effect. At the same time, it also sheds light on the relationship between intergenerational justice and economics, addressing issues such as public debt and financial sustainability. The innovative second part of the volume highlights how posterity can be institutionally protected, such as by inserting relevant clauses into national constitutions. Reading this volume is the best way to gain an overall knowledge of intergenerational justice an extremely salient and topical issue of our time. The Handbook is an important contribution to the literature and will be of great interest to academics and graduate students as well as readers interested in wider human rights issues.
Category: Psychology