July 3, 2022
Law, Liberty, and the Rule of Law Book

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Law, Liberty, and the Rule of Law

By Imer B. Flores,Kenneth E. Himma
  • ISBN Code: : 9400747438
  • Publisher : Springer Science & Business Media
  • Pages : 190
  • Category : Philosophy
  • Reads : 117
  • Book Compatibility : Pdf, ePub, Mobi, Kindle
  • Pdf : law-liberty-and-the-rule-of-law.pdf

Book Excerpt :

In recent years, there has been a substantial increase in concern for the rule of law. Not only have there been a multitude of articles and books on the essence, nature, scope and limitation of the law, but citizens, elected officials, law enforcement officers and the judiciary have all been actively engaged in this debate. Thus, the concept of the rule of law is as multifaceted and contested as it’s ever been, and this book explores the essence of that concept, including its core principles, its rules, and the necessity of defining, or even redefining, the basic concept. Law, Liberty, and the Rule of Law offers timely and unique insights on numerous themes relevant to the rule of law. It discusses in detail the proper scope and limitations of adjudication and legislation, including the challenges not only of limiting legislative and executive power via judicial review but also of restraining active judicial lawmaking while simultaneously guaranteeing an independent judiciary interested in maintaining a balance of power. It also addresses the relationship not only between the rule of law, human rights and separation of powers but also the rule of law, constitutionalism and democracy.

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Law, Liberty, and the Competitive Market

By Bruno Leoni
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Routledge
  • Book Code : 1351509497
  • Total of Pages : 241
  • Category : Business & Economics
  • Members : 564
  • Pdf File: law-liberty-and-the-competitive-market.pdf

Book Short Summary:

"Law, Liberty, and the Competitive Market" brings the clash between law and legislation to the attention of economists and political scientists. It fills a void and offers a series of texts that have not previously been translated into English. This anthology connects various articles by Leoni on economics and law with the objective of emphasizing how much Leoni's own theory in the juridical environment was influenced by reflection on authors of the Austrian school - from Carl Menger to Ludwig von Mises, from Friedrich von Hayek to Murray N. Rothbard.The essays dealing with economics help us understand how many of Leoni's positions were libertarian. A careful reader of Mises, Leoni often ends up by assuming positions that are even more anti-state than those of the Austrian economist (concerning monopolies, for example). It is significant that in the 1960s his thought was influenced by Rothbard. The very critiques that he addresses to normativism and to analytical philosophy contain strong ideological elements, as they move from the awareness that legal positivism leads to statism and philosophical relativism to acquiescence in the face of power.Studying the market economy, Leoni perceives opposition between spontaneous order and planning. In this way, he understands how such a contrast is significant for the origins of norms. Leoni's idea of a law able to protect individual liberty has its roots in the market. Thus, the market is at the same time the model he uses to conceive the legal order and an institution fundamental for the service of civilization, which the law is called to protect. This is an important work by a figure only now being recognized as a pioneer in the field of economics and an innovator in political theory.

The Structure of Liberty : Justice and the Rule of Law

By Randy E. Barnett
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Oxford University Press, USA
  • Book Code : 019152204X
  • Total of Pages : 368
  • Category : Political Science
  • Members : 146
  • Pdf File: the-structure-of-liberty.pdf

Book Short Summary:

In this provocative and engaging new book, Randy Barnett outlines a powerful and original theory of liberty structured by the liberal conception of justice and the rule of law. Drawing on insights from philosophy, political theory, economics, and law, he shows how this new conception of liberty can confront, and solve, the central societal problems of knowledge, interest, and power. - ;What is liberty, as opposed to license, and why is it so important? When people pursue happiness, peace, and prosperity whilst living in society, they confront pervasive problems of knowledge, interest, and power. These problems are dealt with by ensuring the liberty of the people to pursue their own ends, but addressing these problems also requires that liberty be structured by certain rights and procedures associated with the classical liberal conception of justice and the rule of law. In this controversial new work, Barnett examines the serious social problems that are addressed by liberty and the background or `natural' rights and `rule of law' procedures that distinguish liberty from license. He goes on to outline the constitutional framework that is needed to protect this structure of liberty. This is the only discussion of the liberal conception of justice and the rule of law to draw upon insights from philosophy, economics, political theory, and law to describe comprehensively the vital social functions performed by adherence to these concepts. And, although the book is intended to challenge specialists, its clear and accessible prose ensure that it will be of immense value to both scholars and students working in a range of academic disciplines. -

Design for Liberty

By Richard A. Epstein
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Harvard University Press
  • Book Code : 0674063058
  • Total of Pages : 248
  • Category : Law
  • Members : 431
  • Pdf File: design-for-liberty.pdf

Book Short Summary:

The noted legal scholar Richard Epstein advocates a much smaller federal government, arguing that our over-regulated state gives too much discretion to regulators, which results in arbitrary, unfair decisions and other abuses. Epstein bases his classical liberalism on the twin pillars of the rule of law and of private contracts and property rights.

Engines of Liberty

By David Cole
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Basic Books
  • Book Code : 0465098517
  • Total of Pages : 320
  • Category : Political Science
  • Members : 877
  • Pdf File: engines-of-liberty.pdf

Book Short Summary:

From the national legal director of the ACLU, an essential guidebook for anyone seeking to stand up for fundamental civil liberties and rights One of Washington Post's Notable Nonfiction Books of 2016 In an age of executive overreach, what role do American citizens have in safeguarding our Constitution and defending liberty? Must we rely on the federal courts, and the Supreme Court above all, to protect our rights? In Engines of Liberty, the esteemed legal scholar David Cole argues that we all have a part to play in the grand civic dramas of our era--and in a revised introduction and conclusion, he proposes specific tactics for fighting Donald Trump's policies. Examining the most successful rights movements of the last thirty years, Cole reveals how groups of ordinary Americans confronting long odds have managed, time and time again, to convince the courts to grant new rights and protect existing ones. Engines of Liberty is a fundamentally new explanation of how our Constitution works and the part citizens play in it.

Age of Iron

By Colin Dueck
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Oxford University Press
  • Book Code : 019007938X
  • Total of Pages : 272
  • Category : Political Science
  • Members : 757
  • Pdf File: age-of-iron.pdf

Book Short Summary:

The rise of a populist conservative nationalism in the United States has triggered unease at home and abroad. Riding the populist wave, Donald Trump achieved the presidency advocating a hardline nationalist approach. Yet critics frequently misunderstand the Trump administration's foreign policy, along with American nationalism. In Age of Iron, leading authority on Republican foreign policy Colin Dueck demonstrates that conservative nationalism is the oldest democratic tradition in US foreign relations. Designed to preserve self-government, conservative nationalism can be compatible with engagement overseas. But 21st century diplomatic, economic, and military frustrations led to the resurgence of a version that emphasizes US material interests. No longer should the US allow its allies to free-ride, and nor should it surrender its sovereignty to global governance institutions. Because this return is based upon forces larger than Trump, it is unlikely to disappear when he leaves office. Age of Iron describes the shifting coalitions over the past century among foreign policy factions within the Republican Party, and shows how Trump upended them starting in 2015-16. Dueck offers a balanced summary and assessment of President Trump's foreign policy approach, analyzing its strengths and weaknesses. He also describes the current interaction of conservative public opinion and presidential foreign policy leadership in the broader context of political populism. Finally, he makes the case for a forward-leaning realism, based upon the understanding that the US is entering a protracted period of geopolitical competition with other major powers. The result is a book that captures the past, present, and, possibly, future of conservative foreign policy nationalism in the US.

Free Speech And Why It Matters

By Andrew Doyle
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Constable
  • Book Code : 0349135398
  • Total of Pages : 160
  • Category : Political Science
  • Members : 817
  • Pdf File: free-speech-and-why-it-matters.pdf

Book Short Summary:

'A fantastically timely book written by one of the smartest thinkers in Britain' Piers Morgan 'Impassioned, scholarly and succinct' The Times Free speech is the bedrock of all our liberties, and yet in recent years it has come to be mistrusted. A new form of social justice activism, which perceives language as potentially violent, has prompted a national debate on where the limitations of acceptable speech should be drawn. Governments throughout Europe have enacted 'hate speech' legislation to curb the dissemination of objectionable ideas, Silicon Valley tech giants are collaborating to ensure that they control the limitations of public discourse, and campaigners in the US are calling for revisions to the First Amendment. However well-intentioned, these trends represent a threat to the freedoms that our ancestors fought and died to secure. In this incisive and fascinating book, Andrew Doyle addresses head-on the most common concerns of free speech sceptics, and offers a timely and robust defence of this most foundational of principles.

Conversations with RBG

By Jeffrey Rosen
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Henry Holt and Company
  • Book Code : 1250235170
  • Total of Pages : 288
  • Category : Biography & Autobiography
  • Members : 519
  • Pdf File: conversations-with-rbg.pdf

Book Short Summary:

In her own words, Ruth Bader Ginsburg offers an intimate look at her life and career, through an extraordinary series of conversations with the head of the National Constitution Center. This remarkable book presents a unique portrait of Justice Ruth Bader Ginsburg, drawing on more than twenty years of conversations with Jeffrey Rosen, starting in the 1990s and continuing through the Trump era. Rosen, a veteran legal journalist, scholar, and president of the National Constitution Center, shares with us the justice’s observations on a variety of topics, and her intellect, compassion, sense of humor, and humanity shine through. The affection they have for each other as friends is apparent in their banter and in their shared love for the Constitution—and for opera. In Conversations with RBG, Justice Ginsburg discusses the future of Roe v. Wade, her favorite dissents, the cases she would most like to see overruled, the #MeToo movement, how to be a good listener, how to lead a productive and compassionate life, and of course the future of the Supreme Court itself. These frank exchanges illuminate the steely determination, self-mastery, and wit that have inspired Americans of all ages to embrace the woman known to all as “Notorious RBG.” Whatever the topic, Justice Ginsburg always has something interesting—and often surprising—to say. And while few of us will ever have the opportunity to chat with her face-to-face, Jeffrey Rosen brings us by her side as never before. Conversations with RBG is a deeply felt portrait of an American hero.

The Oxford Handbook of Law, Regulation and Technology

By Roger Brownsword,Eloise Scotford,Karen Yeung
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Oxford University Press
  • Book Code : 0191502235
  • Total of Pages : 1216
  • Category : Law
  • Members : 371
  • Pdf File: the-oxford-handbook-of-law-regulation-and-technology.pdf

Book Short Summary:

The variety, pace, and power of technological innovations that have emerged in the 21st Century have been breathtaking. These technological developments, which include advances in networked information and communications, biotechnology, neurotechnology, nanotechnology, robotics, and environmental engineering technology, have raised a number of vital and complex questions. Although these technologies have the potential to generate positive transformation and help address 'grand societal challenges', the novelty associated with technological innovation has also been accompanied by anxieties about their risks and destabilizing effects. Is there a potential harm to human health or the environment? What are the ethical implications? Do this innovations erode of antagonize values such as human dignity, privacy, democracy, or other norms underpinning existing bodies of law and regulation? These technological developments have therefore spawned a nascent but growing body of 'law and technology' scholarship, broadly concerned with exploring the legal, social and ethical dimensions of technological innovation. This handbook collates the many and varied strands of this scholarship, focusing broadly across a range of new and emerging technology and a vast array of social and policy sectors, through which leading scholars in the field interrogate the interfaces between law, emerging technology, and regulation. Structured in five parts, the handbook (I) establishes the collection of essays within existing scholarship concerned with law and technology as well as regulatory governance; (II) explores the relationship between technology development by focusing on core concepts and values which technological developments implicate; (III) studies the challenges for law in responding to the emergence of new technologies, examining how legal norms, doctrine and institutions have been shaped, challenged and destabilized by technology, and even how technologies have been shaped by legal regimes; (IV) provides a critical exploration of the implications of technological innovation, examining the ways in which technological innovation has generated challenges for regulators in the governance of technological development, and the implications of employing new technologies as an instrument of regulatory governance; (V) explores various interfaces between law, regulatory governance, and new technologies across a range of key social domains.

Liberty, Slavery and the Law in Early Modern Western Europe

By Filip Batselé
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Springer Nature
  • Book Code : 3030368556
  • Total of Pages : 223
  • Category : Law
  • Members : 605
  • Pdf File: liberty-slavery-and-the-law-in-early-modern-western-europe.pdf

Book Short Summary:

This book investigates the legal evolution of the “free soil principle” in England, France and the Low Countries during the Early Modern period (ca. 1500–1800), which essentially stated that, as soon as slaves entered a certain country, they would immediately gain their freedom. This book synthesizes the existing literature on the origins and evolution of the principle, adds new insights by drawing on previously undiscussed primary sources on the development of free soil in the Low Countries and employs a pan-Western, European and comparative approach to identify and explain the differences and similarities in the application of this principle in France, England and the Low Countries. Divided into four sections, the book begins with a brief introduction to the subject matter, putting it in its historical context. Slavery is legally defined, using the established international law definition, and both the status of slavery in Europe before the Early Modern Period and the Atlantic slave trade are discussed. Secondly, the book assesses the legal origins of the free soil principle in England, France and the Low Countries during the period 1500–1650 and discusses the legal repercussions of slaves coming to England, France and the Low Countries from other countries, where the institution was legally recognized. Thirdly, it addresses the further development of the free soil principle during the period 1650–1800. In the fourth and last section, the book uses the insights gained to provide a pan-Western, European and comparative perspective on the origins and application of the free soil principle in Western Europe. In this regard, it compares the origins of free soil for the respective countries discussed, as well as its application during the heyday of the Atlantic slave trade. This perspective makes it possible to explain some of the divergences in approaches between the countries examined and represents the first-ever full-scale country comparison on this subject in a book.

Liberty And Justice For All

By Nan Aron
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Routledge
  • Book Code : 0429718578
  • Total of Pages : 166
  • Category : Political Science
  • Members : 491
  • Pdf File: liberty-and-justice-for-all.pdf

Book Short Summary:

The intention of this book is to provide a better understanding of the mission of public interest lawyers and stimulate thought about ways to energize and build a movement that advances social justice. I could not have succeeded in this effort without the help and support of many individuals and institutions. I wish to express my appreciation for their assistance. I am very grateful to the Board of Directors of the Alliance for Justice for its wisdom in establishing the Alliance and for its continuing support for this book and other important projects. I profited from discussion with many public interest lawyers, activists and foundation officers. These individuals, who are listed in Appendix D, gave generously of their time. A few merit special attention. Charles Halpern and the staff at the Council for Public Interest Law, who wrote Balancing the Scales of Justice: Financing Public Interest Law in America, provided a wonderful model for me to follow.

On Liberty

By John Stuart Mill
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Phoemixx Classics Ebooks
  • Book Code : 3986779914
  • Total of Pages : 222
  • Category : Philosophy
  • Members : 336
  • Pdf File: on-liberty.pdf

Book Short Summary:

On Liberty John Stuart Mill - Published in 1859, John Stuart Mill's On Liberty presented one of the most eloquent defenses of individual freedom in nineteenth-century social and political philosophy and is today perhaps the most widely-read liberal argument in support of the value of liberty. Mill's passionate advocacy of spontaneity, individuality, and diversity, along with his contempt for compulsory uniformity and the despotism of popular opinion, has attracted both admiration and condemnation.

The King’s Peace

By Lisa Ford
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Harvard University Press
  • Book Code : 0674269519
  • Total of Pages : 288
  • Category : Law
  • Members : 713
  • Pdf File: the-king-s-peace.pdf

Book Short Summary:

How the imposition of Crown rule across the British Empire during the Age of Revolution corroded the rights of British subjects and laid the foundations of the modern police state. During the eighteenth and nineteenth centuries, the British Empire responded to numerous crises in its colonies, from North America to Jamaica, Bengal to New South Wales. This was the Age of Revolution, and the Crown, through colonial governors, tested an array of coercive peacekeeping methods in a desperate effort to maintain control. In the process these leaders transformed what it meant to be a British subject. In the decades after the American Revolution, colonial legal regimes were transformed as the king’s representatives ruled new colonies with an increasingly heavy hand. These new autocratic regimes blurred the lines between the rule of law and the rule of the sword. Safeguards of liberty and justice, developed in the wake of the Glorious Revolution, were eroded while exacting obedience and imposing order became the focus of colonial governance. In the process, many constitutional principles of empire were subordinated to a single, overarching rule: where necessary, colonial law could diverge from metropolitan law. Within decades of the American Revolution, Lisa Ford shows, the rights claimed by American rebels became unthinkable in the British Empire. Some colonial subjects fought back but, in the empire, the real winner of the American Revolution was the king. In tracing the dramatic growth of colonial executive power and the increasing deployment of arbitrary policing and military violence to maintain order, The King’s Peace provides important lessons on the relationship between peacekeeping, sovereignty, and political subjectivity—lessons that illuminate contemporary debates over the imbalance between liberty and security.

Law & Liberty

By R. J. Rushdoony
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Chalcedon Foundation
  • Book Code : 1879998556
  • Total of Pages :
  • Category : History
  • Members : 342
  • Pdf File: law-liberty.pdf

Book Short Summary:

In this concise volume, R. J. Rushdoony expounds on the central themes of the application of Biblical law to every area of life. This book is a great starting point to understanding Rushdoony's larger expositions on Biblical law.

On Liberty (Serapis Classics)

By John Stuart Mill
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : N.a
  • Book Code : 396255808X
  • Total of Pages : 112
  • Category : Philosophy
  • Members : 779
  • Pdf File: on-liberty.pdf

Book Short Summary:

On Liberty is a philosophical work by the English philosopher John Stuart Mill, originally intended as a short essay. The work, published in 1859, applies Mill's ethical system of utilitarianism to society and the state. Mill attempts to establish standards for the relationship between authority and liberty. He emphasizes the importance of individuality, which he conceived as a prerequisite to the higher pleasures—the summum bonum of Utilitarianism. Furthermore, Mill criticizes the errors of past attempts to defend individuality where, for example, democratic ideals resulted in the "tyranny of the majority". Among the standards established in this work are Mill's three basic liberties of individuals, his three legitimate objections to government intervention, and his two maxims regarding the relationship of the individual to society. On Liberty was a greatly influential and well received work, although it did not go without criticism. Some attacked it for its apparent discontinuity with Utilitarianism, while others criticized its vagueness. The ideas presented in On Liberty have remained the basis of much liberal political thought. It has remained in print continuously since its initial publication. To this day, a copy of On Liberty is passed to the president of the British Liberal Democrats as a symbol of office. A copy of the same book is also presented to and then held by the president of the Liberal Party as a symbol of office.

Reasonableness and Law

By Giorgio Bongiovanni,Giovanni Sartor,Chiara Valentini
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Springer Science & Business Media
  • Book Code : 1402085001
  • Total of Pages : 464
  • Category : Philosophy
  • Members : 158
  • Pdf File: reasonableness-and-law.pdf

Book Short Summary:

Reasonableness is at the centre of legal debate, both in academic circles and in practice. This unique reference work adopts an interdisciplinary perspective, merging jurisprudence, legal theory, political philosophy and the different branches of law. All aspects relating to reasonableness and law are addressed by the most prominent scholars in the field. In the first part of the book, the focus is on jurisprudential analyses of the concept of reasonableness and on its moral, political and constitutional implications. In the second part, reasonableness is examined in the different fields of law like Public, Private and International Law. Here in more detail the practical consequences of reasonableness are worked out, making this work of interest to practitioners as well as legal theorists.

Sexuality, Morals and Justice

By Nicholas Bamforth
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : A&C Black
  • Book Code : 1441188495
  • Total of Pages : 320
  • Category : History
  • Members : 882
  • Pdf File: sexuality-morals-and-justice.pdf

Book Short Summary:

Against the background of the law reform debates around sexuality in Britain and America, Bamforth examines what functions it is legitimate for the law to serve and how effective law can be in achieving social goals. He provides a new and cogent argument for protecting lesbian and gay rights through law, but is sceptical about how useful law can be in eradicating discriminatory social practices. This work sheds new light on the equal rights debate and raises issues of central importance to the role of law in society.

Law, Legislation, and Liberty, Volume 19

By F. A. Hayek
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : University of Chicago Press
  • Book Code : 022678200X
  • Total of Pages : 624
  • Category : Business & Economics
  • Members : 569
  • Pdf File: law-legislation-and-liberty-volume-19.pdf

Book Short Summary:

A new edition of F. A. Hayek’s three-part opus Law, Legislation, and Liberty, collated in a single volume In this critical entry in the University of Chicago’s Collected Works of F. A. Hayek series, political philosopher Jeremy Shearmur collates Hayek’s three-part study of law and liberty and places Hayek’s writings in careful historical context. Incisive and unrestrained, Law, Legislation, and Liberty is Hayek at his late-life best, making it essential reading for understanding the philosopher’s politics and worldview. These three volumes constitute a scaling up of the framework offered in Hayek’s famed The Road to Serfdom. Volume 1, Rules and Order, espouses the virtues of classical liberalism; Volume 2, The Mirage of Social Justice, examines the societal forces that undermine liberalism and, with it, liberalism’s capacity to induce “spontaneous order”; and Volume 3, The Political Order of a Free People, proposes alternatives and interventions against emerging anti-liberal movements, including a rule of law that resides in stasis with personal freedom. Shearmur’s treatment of this challenging work—including an immersive new introduction, a conversion of Hayek’s copious endnotes to footnotes, corrections to Hayek’s references and quotations, and the provision of translations to material that Hayek cited only in languages other than English—lends it new importance and accessibility. Rendered anew for the next generations of scholars, this revision of Hayek’s Law, Legislation, and Liberty is sure to become the standard.

Citizen Slave

By Robert Hart
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Trafford Publishing
  • Book Code : 1490747656
  • Total of Pages : 138
  • Category : Political Science
  • Members : 445
  • Pdf File: citizen-slave.pdf

Book Short Summary:

Citizen/Slave: Understanding Liberty is a treatise that describes with acute accuracy what freedom, liberty, and justice really means, how the American people have been tricked out of their sovereignty by stealthy legal illusions, and how the people can repair America by regaining control of their individual unalienable rights. Citizen/Slave explains the problems in detailhow they evolved, how they became erroneously accepted by the people, what the legal illusions and realities are, and what the American people can do to save their individual sovereignty and country, thereby creating a totally free and prosperous society with safeguards that can never be corrupted again. Sprinkled liberally throughout this book are quotes from numerous well-known personages from history, which remind us of immutable principles that have been forgotten and overlooked in our fast-paced modern world. Citizen/Slave puts together the pieces of the puzzle for understanding the long-forgotten common-sense principles of creating justice and why governments and societies either succeed or fail. Without these organized foundational principles, like a boat without a rudder, societies and governments will waffle in the uncertain tides of confusion and injustice that has been the downfall of every great society. Citizen/Slave is a must-read for all people, young and old, lay people and professionals, students and professors alike. Understanding the principles expounded in Citizen/Slave is as important to the freedoms, liberties, and justice of people as reading, writing, and math is to functioning in the modern world. Citizen/Slave is a simple road map for catapulting society into the next step of human evolution.

Law, Legislation and Liberty

By F.A. Hayek
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Routledge
  • Book Code : 1134524463
  • Total of Pages : 644
  • Category : Business & Economics
  • Members : 984
  • Pdf File: law-legislation-and-liberty.pdf

Book Short Summary:

First published in 1982. Routledge is an imprint of Taylor & Francis, an informa company.

The Legacy of H.L.A. Hart

By Matthew Kramer,Claire Grant,Ben Colburn,Antony Hatzistavrou
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : OUP Oxford
  • Book Code : 0191609234
  • Total of Pages : 376
  • Category : Law
  • Members : 611
  • Pdf File: the-legacy-of-h-l-a-hart.pdf

Book Short Summary:

This book is the product of a major British Academy Symposium held in 2007 to mark the centenary of the birth of H.L.A. Hart, the most important legal philosopher and one of the most important political philosophers of the twentieth century. The book brings together contributions from seventeen of the world's foremost legal and political philosophers who explore the many subjects in which Hart produced influential work. Each essay engages in an original analysis of philosophical problems that were tackled by Hart, some essays including extended critical discussions of his major works: The Concept of Law, Punishment and Responsibility, Causation in the Law and Law, Liberty and Morality. All the main topics of Hart's philosophical writings are featured: general jurisprudence and legal positivism; criminal responsibility and punishment; theories of rights; toleration and liberty; theories of justice; and causation in the law.

Judicial Power, Democracy and Legal Positivism

By Tom D. Campbell,Jeffrey Goldsworthy
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Routledge
  • Book Code : 1351924648
  • Total of Pages : 452
  • Category : Law
  • Members : 597
  • Pdf File: judicial-power-democracy-and-legal-positivism.pdf

Book Short Summary:

In this book, a distinguished international group of legal theorists re-examine legal positivism as a prescriptive political theory and consider its implications for the constitutionally defined roles of legislatures and courts. The issues are illustrated with recent developments in Australian constitutional law.

Let's Ascend to First Amendment Heaven by Opposing Obscenity Laws

By Andrew Bushard
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Free Press Media Press Inc.
  • Book Code : N.a
  • Total of Pages : 26
  • Category : Law
  • Members : 301
  • Pdf File: let-s-ascend-to-first-amendment-heaven.pdf

Book Short Summary:

18+ "Let's Ascend to First Amendment Heaven" leverages Texas obscenity trials, spanning from 1974 to 2009, to enlighten, energize, and empower you to excel in law, liberty, and life. This work compiles the insights, the obscenity law podcast "Long Live the First Amendment and Free Speech" developed to motivate and move you to action. May you use this booklet's obscenity trial wisdom to earn a place in First Amendment Heaven. 26 pages; 25 poems.

The Philosophy of Law

By Christopher Berry Gray
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Routledge
  • Book Code : 1135582769
  • Total of Pages : 1000
  • Category : Philosophy
  • Members : 658
  • Pdf File: the-philosophy-of-law.pdf

Book Short Summary:

From articles centering on the detailed and doctrinal exposition of the law to those which reside almost wholly within the realm of philosophical ethics, this volume affords comprehensive treatment to both sides of the philosophico-legal equation. Systematic and sustained coverage of the many dimensions of legal thought gives ample expression to the true breadth and depth of the philosophy of law, with coverage of: The modes of knowing and the kinds of normativity used in the law; Studies in international, constitutional, criminal, administrative, persons and property, contracts and tort law-including their historical origins and worldwide ramifications; Current legal cultures such as common law and civilian, European, and Aboriginal; Influential jurisprudents and their biographies; All influential schools and methods

The Rule of Law History, Theory and Criticism

By Pietro Costa,Danilo Zolo
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Springer Science & Business Media
  • Book Code : 1402057458
  • Total of Pages : 700
  • Category : Law
  • Members : 655
  • Pdf File: the-rule-of-law-history-theory-and-criticism.pdf

Book Short Summary:

Authors Costa and Zolo share the conviction that a proper understanding of the rule of law today requires reference to a global problematic horizon. This book offers some relevant guides for orienting the reader through a political and legal debate where the rule of law (and the doctrine of human rights) is a concept both controversial and significant at the national and international levels.

The Sacred Fire of Liberty

By M. Sellers
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Springer
  • Book Code : 0230371817
  • Total of Pages : 201
  • Category : Philosophy
  • Members : 374
  • Pdf File: the-sacred-fire-of-liberty.pdf

Book Short Summary:

This book describes the origins of the concept of liberty in the legal and political thought of Rome, Italy, England, France and the United States of America. Professor Sellers traces the development of liberty and republican government over two centuries of European history, in association with liberal ideas. This study reveals republicanism as the parent of liberalism in modern law and politics, and demonstrates the continuing value of republican ideas in securing the liberty of contemporary states and their citizens.

Madness Is Civilization

By Michael E. Staub
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : University of Chicago Press
  • Book Code : 0226771490
  • Total of Pages : 264
  • Category : History
  • Members : 311
  • Pdf File: madness-is-civilization.pdf

Book Short Summary:

In the 1960s and 1970s, a popular diagnosis for America’s problems was that society was becoming a madhouse. In this intellectual and cultural history, Michael E. Staub examines a time when many believed insanity was a sane reaction to obscene social conditions, psychiatrists were agents of repression, asylums were gulags for society’s undesirables, and mental illness was a concept with no medical basis. Madness Is Civilization explores the general consensus that societal ills—from dysfunctional marriage and family dynamics to the Vietnam War, racism, and sexism—were at the root of mental illness. Staub chronicles the surge in influence of socially attuned psychodynamic theories along with the rise of radical therapy and psychiatric survivors' movements. He shows how the theories of antipsychiatry held unprecedented sway over an enormous range of medical, social, and political debates until a bruising backlash against these theories—part of the reaction to the perceived excesses and self-absorptions of the 1960s—effectively distorted them into caricatures. Throughout, Staub reveals that at stake in these debates of psychiatry and politics was nothing less than how to think about the institution of the family, the nature of the self, and the prospects for, and limits of, social change. The first study to describe how social diagnostic thinking emerged, Madness Is Civilization casts new light on the politics of the postwar era.

Lectures on the Relation Between Law & Public Opinion in England

By Albert Venn Dicey
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Transaction Publishers
  • Book Code : 1412827434
  • Total of Pages : 506
  • Category : Great Britain
  • Members : 161
  • Pdf File: lectures-on-the-relation-between-law-public-opinion-in-england.pdf

Book Short Summary:

Read and download full book Lectures on the Relation Between Law & Public Opinion in England

Text, Cases and Materials on Public Law and Human Rights

By Helen Fenwick,Gavin Phillipson,Alexander Williams
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Routledge
  • Book Code : 1135071330
  • Total of Pages : 1086
  • Category : Law
  • Members : 976
  • Pdf File: text-cases-and-materials-on-public-law-and-human-rights.pdf

Book Short Summary:

This book interweaves an authoritative authorial commentary – significantly expanded from the last edition - with extracts from a diverse and contemporary collection of cases and materials from three leading academics in the field. It provides an all-encompassing student guide to constitutional, administrative and UK human rights law. This fourth edition provides comprehensive coverage of all recent developments, including the Fixed Term Parliaments Act 2011, restrictions on judicial review (Criminal Justice and Courts Act 2015), changes to judicial appointments (Crime and Courts Act 2013), the 2014 Scottish Independence Referendum, Scotland Act 2016 and draft Wales Bill 2016. Recent devolution cases in the Supreme Court, including Imperial Tobacco (2012) and Asbestos Diseases (2015) are fully analysed, as is the 2015 introduction of English Votes for English Laws. The remarkable Evans (2015) ‘Black Spider memos’ case is considered in a number of chapters. The common law rights resurgence seen in Osborn (2013), BBC (2014) and Kennedy (2014) is analysed in several places, along with other key developments in judicial review such as Keyu (2015) and Pham (2015). Ongoing parliamentary reform in both Lords and Commons, including major advances in controlling prerogative powers, are fully explained, as is the adaptation of the core Executive to Coalition Government (2010-2015). There is comprehensive coverage of key Strasbourg and HRA cases (Horncastle (2010), Nicklinson (2014), Moohan (2014), Carlile (2014)), and those in core areas of freedom of expression, police powers and public order (Animal Defenders (2013), Beghal (2015), Roberts (2015), Miranda (2016)) and the prisoners’ voting rights saga, up to Chester (2015).

Homeland Security, its Law and its State

By Christos Boukalas
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Routledge
  • Book Code : 113602560X
  • Total of Pages : 272
  • Category : Law
  • Members : 130
  • Pdf File: homeland-security-its-law-and-its-state.pdf

Book Short Summary:

This book assesses the impact of post-9/11 domestic counterterrorism policy on US political life. It examines political discourse, law, institutional architecture, and state-population relations, and shows that ‘homeland security’ is a project with wide-ranging implications for democratic institutions and culture. These implications are addressed through a novel approach that treats law and the state as social relations, and relates developments in law to those in the state and in social dynamics. On this basis, the book examines the new political representations in counterterrorism discourse, especially regarding the relation between the state and the population. It examines the form and content of counterterrorism law, the powers it provides, and the structure and functions it prescribes for the state. By focusing on the new Department of Homeland Security and the restructuring of the intelligence apparatus, the book assesses the new, intelligence-led, policing model. Finally, it examines forms of popular support and resistance to homeland security, to discuss citizenship and state-population relations. The author concludes that homeland security has turned the US into a hybrid polity; the legal and political institutions of democracy remain intact, but their content and practices become authoritarian and exclude the population from politics. These legal and political forms remain operative beyond counterterrorism, in the context of the present economic crisis. They are a permanent configuration of power. This book is an indispensable companion for students of (counter-) Terrorism and Security Studies, Politics, Human Rights, Constitutional and Criminal Law, American Studies, and Criminology.

The Oxford Handbook of Law, Regulation and Technology

By Roger Brownsword,Eloise Scotford,Karen Yeung
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Oxford University Press
  • Book Code : 0191502235
  • Total of Pages : 1216
  • Category : Law
  • Members : 850
  • Pdf File: the-oxford-handbook-of-law-regulation-and-technology.pdf

Book Short Summary:

The variety, pace, and power of technological innovations that have emerged in the 21st Century have been breathtaking. These technological developments, which include advances in networked information and communications, biotechnology, neurotechnology, nanotechnology, robotics, and environmental engineering technology, have raised a number of vital and complex questions. Although these technologies have the potential to generate positive transformation and help address 'grand societal challenges', the novelty associated with technological innovation has also been accompanied by anxieties about their risks and destabilizing effects. Is there a potential harm to human health or the environment? What are the ethical implications? Do this innovations erode of antagonize values such as human dignity, privacy, democracy, or other norms underpinning existing bodies of law and regulation? These technological developments have therefore spawned a nascent but growing body of 'law and technology' scholarship, broadly concerned with exploring the legal, social and ethical dimensions of technological innovation. This handbook collates the many and varied strands of this scholarship, focusing broadly across a range of new and emerging technology and a vast array of social and policy sectors, through which leading scholars in the field interrogate the interfaces between law, emerging technology, and regulation. Structured in five parts, the handbook (I) establishes the collection of essays within existing scholarship concerned with law and technology as well as regulatory governance; (II) explores the relationship between technology development by focusing on core concepts and values which technological developments implicate; (III) studies the challenges for law in responding to the emergence of new technologies, examining how legal norms, doctrine and institutions have been shaped, challenged and destabilized by technology, and even how technologies have been shaped by legal regimes; (IV) provides a critical exploration of the implications of technological innovation, examining the ways in which technological innovation has generated challenges for regulators in the governance of technological development, and the implications of employing new technologies as an instrument of regulatory governance; (V) explores various interfaces between law, regulatory governance, and new technologies across a range of key social domains.

Constitutional Law

By Randy E. Barnett,Josh Blackman
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Wolters Kluwer Law & Business
  • Book Code : 1543838790
  • Total of Pages : 1872
  • Category : Law
  • Members : 365
  • Pdf File: constitutional-law.pdf

Book Short Summary:

Buy a new version of this textbook and receive access to the Connected eBook with Study Center on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Learn more about Connected eBooks. Constitutional Law: Cases in Context places primary emphasis on how constitutional law has developed since the Founding, its key foundational principles, and recurring debates. By providing both cases and context, it conveys the competing narratives that all lawyers ought to know and all constitutional practitioners need to know. Teachable, manageable, class-sized chunks of material are suited to one-semester courses or reduced credit configurations. Generous case excerpts make the text flexible for most courses. Cases are judiciously supplemented with background readings from various sources. Innovative study guide questions presented before each case help students focus on the salient issues, challenging them to consider the court’s opinions from various perspectives, and suggesting comparisons or connections with other cases. New to the Fourth Edition: New unit on Criminal Procedure cases taught from the perspective of constitutional law. Integrated with twelve-hour video library that brings Supreme Court cases to life Includes decisions from the Roberts Court through June 2021 Professors and student will benefit from: An online library of sixty-three videos (access codes provided with purchase of the book) brings the Supreme Court’s most important decisions to life. The casebook is published in two paperback “splits.” The first split can be used for Constitutional Law I (Structure). The second split can be used for Constitutional Law II (Rights). The splits sell for half the price of the hardcover casebook. A highly accessible and engaging structure that examines the competing narratives that pervade the development of American constitutional law since the founding. Related cases that are grouped together into assignments making it simple for professors to construct syllabi, and assign students a reasonable amount of reading for each topic. A wealth of photographs, maps, and primary documents to bring the cases to life. A new supplement for Fall 2021 that includes all cases from the recently-concluded Supreme Court term. Teaching materials Include: An extensive Teacher’s Manual that provides guidance to teachers, old and new, to increase the effectiveness of their instruction. A series of short, focused, two-minute videos about each case in the book feature the authors discussing the facts, posture, analysis, and holding of the case.