Download or read book An Essay on the Law of Bailments written by William Jones and published by . This book was released on 1796 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Ethics for Bureaucrats written by John Rohr and published by Routledge. This book was released on 2017-12-01 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important text integrates the study of ethics into public management training, highlighting Supreme Court opinions on three specific constitutional values-equality, freedom, and property-focusing on the pedagogical aspects of law and posing challenging questions to help readers apply theories to concrete situations. It includes a case index for further research. Topics of specific interest include abortion, affirmative action, bureaucratic bashing, civil disobedience, the Ethics in Government Act of 1978, the Iran-Contra scandal, moral absolutism, privileged communications, religious fundamentalism, and whistle blowing. The Midwest Review of Pubic Administration lauds it as "...a unique teaching tool."
Download or read book An Essay on Possession in the Common Law written by Frederick Pollock and published by . This book was released on 1888 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Causation and Responsibility written by Michael S. Moore and published by Oxford University Press. This book was released on 2010-07-15 with total page 635 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of causation is fundamental to ascribing moral and legal responsibility for events. Yet the relationship between causation and responsibility remains unclear. What precisely is the connection between the concept of causation used in attributing responsibility and the accounts of causal relations offered in the philosophy of science and metaphysics? How much of what we call causal responsibility is in truth defined by non-causal factors? This book argues that much of thelegal doctrine on these questions is confused and incoherent, and offers the first comprehensive attempt since Hart and Honoré to clarify the philosophical background to the legal and moral debates.The book first sets out the place of causation in criminal and tort law and outlines the metaphysics presupposed by the legal doctrine. It then analyses the best theoretical accounts of causation in the philosophy of science and metaphysics, and using these accounts criticises many of the core legal concepts surrounding causation - such as intervening causation, forseeability of harm and complicity. It considers and rejects the radical proposals to eliminate the notion of causation from law byusing risk analysis to attribute responsibility. The result of the analysis is a powerful argument for revising our understanding of the role played by causation in the attribution of legal and moral responsibility.
Download or read book Plato s Second Republic written by André Laks and published by Princeton University Press. This book was released on 2022-11-29 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: An argument for why Plato’s Laws can be considered his most important political dialogue In Plato's Second Republic, André Laks argues that the Laws, Plato’s last and longest dialogue, is also his most important political work, surpassing the Republic in historical relevance. Laks offers a thorough reappraisal of this less renowned text, and examines how it provides a critical foundation for the principles of lawmaking. In doing so, he makes clear the tremendous impact the Laws had not only on political philosophy, but also on modern political history. Laks shows how the four central ideas in the Laws—the corruptibility of unchecked power, the rule of law, a “middle” constitution, and the political necessity of legislative preambles—are articulated within an intricate and masterful literary architecture. He reveals how the work develops a theological conception of law anchored in political ideas about a god, divine reason, that is the measure of political order. Laks’s reading opens a complex analysis of the relationships between rulers and citizens; their roles in a political system; the power of reason and persuasion, as opposed to force, in commanding obedience; and the place of freedom. Plato's Second Republic presents a sophisticated reevaluation of a philosophical work that has exerted an enormous if often hidden influence even into the present day.
Download or read book Reasoning with Rules written by Jaap Hage and published by Springer Science & Business Media. This book was released on 2013-04-17 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rule-applying legal arguments are traditionally treated as a kind of syllogism. Such a treatment overlooks the fact that legal principles and rules are not statements which describe the world, but rather means by which humans impose structure on the world. Legal rules create legal consequences, they do not describe them. This has consequences for the logic of rule- and principle-applying arguments, the most important of which may be that such arguments are defeasible. This book offers an extensive analysis of the role of rules and principles in legal reasoning, which focuses on the close relationship between rules, principles, and reasons. Moreover, it describes a logical theory which assigns a central place to the notion of reasons for and against a conclusion, and which is especially suited to deal with rules and principles.
Download or read book Legality s Borders written by Keith Culver and published by Oxford University Press. This book was released on 2010-03-23 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: English-speaking jurisprudence of the last 100 years has devoted considerable attention to questions of identity and continuity. H.L.A. Hart, Joseph Raz, and many others have sought means to identify and distinguish legal from non-legal social situations, and to explain the enduring legality of those typically dynamic social situations. Focus on characterization of legality associated with the state, the most prominent legal phenomena available, has led to an analytical approach dominated by the idea of legal system and analysis of its constituent norms. Yet as far back as Hart's 1961 encounter with international law, the system-focussed approach to legality has experienced moments of self-doubt. From international law to the new legal order of the European Union, to shared governance and overlapping jurisdiction in transboundary areas, what at least appear to be instances of legality are at best weakly explained by approaches which presume the centrality of legal system as the mark and measure of social situations fully worthy of the title of legality. What next, as phenomena threaten to outstrip theory? Legality's Borders: An Essay in General Jurisprudence explains the rudiments of an inter-institutional theory of law, a theory which finds legality in the interaction between legal institutions, whose legality we characterise in terms of the kinds of norms they use rather than their content or system-membership. Prominent forms of legality such as the law-state and international law are then explained as particular forms of complex agglomeration of legal institutions, varying in form and complexity rather than sheer legality. This approach enables a fundamental shift in approach to the problems of identity and continuity of characteristically legal situations in social life: once legality is decoupled from legal system, the patterns of intense mutual reference amongst the legal institutions of the law-state can be seen as one justifiably prominent form of legality amongst others including overlapping forms of legality such as the European Union. Identity over time, on this view, is less a fixed set of characteristics than a history of intense mutual interaction of legal institutions, comparable against similar other agglomerations of legal institutions.
Download or read book Justice as Translation written by James Boyd White and published by University of Chicago Press. This book was released on 1994-10-17 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: White extends his conception of United States law as a constitutive rhetoric shaping American legal culture that he proposed in When Words Lose Their Meaning, and asks how Americans can and should criticize this culture and the texts it creates. In determining if a judicial opinion is good or bad, he explores the possibility of cultural criticism, the nature of conceptual language, the character of economic and legal discourse, and the appropriate expectations for critical and analytic writing. White employs his unique approach by analyzing individual cases involving the Fourth Amendment of the United States constitution and demonstrates how a judge translates the facts and the legal tradition, creating a text that constructs a political and ethical community with its readers. "White has given us not just a novel answer to the traditional jurisprudential questions, but also a new way of reading and evaluating judicial opinions, and thus a new appreciation of the liberty which they continue to protect."—Robin West, Times Literary Supplement "James Boyd White should be nominated for a seat on the Supreme Court, solely on the strength of this book. . . . Justice as Translation is an important work of philosophy, yet it is written in a lucid, friendly style that requires no background in philosophy. It will transform the way you think about law."—Henry Cohen, Federal Bar News & Journal "White calls us to rise above the often deadening and dreary language in which we are taught to write professionally. . . . It is hard to imagine equaling the clarity of eloquence of White's challenge. The apparently effortless grace of his prose conveys complex thoughts with deceptive simplicity."—Elizabeth Mertz, Yale Journal of Law and the Humanities "Justice as Translation, like White's earlier work, provides a refreshing reminder that the humanities, despite the pummelling they have recently endured, can be humane."—Kenneth L. Karst, Michigan Law Review
Download or read book An Essay on the Law of Usury written by Mark Ord and published by . This book was released on 1809 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Truth Error and Criminal Law written by Larry Laudan and published by Cambridge University Press. This book was released on 2006-06-05 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beginning with the premise that the principal function of a criminal trial is to find out the truth about a crime, Larry Laudan examines the rules of evidence and procedure that would be appropriate if the discovery of the truth were, as higher courts routinely claim, the overriding aim of the criminal justice system. Laudan mounts a systematic critique of existing rules and procedures that are obstacles to that quest. He also examines issues of error distribution by offering the first integrated analysis of the various mechanisms - the standard of proof, the benefit of the doubt, the presumption of innocence and the burden of proof - for implementing society's view about the relative importance of the errors that can occur in a trial.
Download or read book Law Narrative and Reality written by G.C. van Roermund and published by Springer Science & Business Media. This book was released on 2013-03-09 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is at odds with the presuppositions behind a received view on law as a systematic solution to social problems in the name of justice. It argues that neither do facts in law represent social reality, nor do norms represent a moral ideal. Representationalism as such, in its various legal guises, is put to the test of what is called here `the interception hypothesis'. Although it is derived from the theory of literature (the theory of narrative) and corroborated by several close reading analyses of legal texts (both decisions and statutory rules), this hypothesis aims, in the first part, at providing an alternative model for the structure and the value of legal knowledge. The second part shows how this knowledge is operative in fundamental concepts like democracy, punishment and (contractual) obligation.
Download or read book An Essay on Crimes and Punishments written by Cesare Beccaria and published by The Lawbook Exchange, Ltd.. This book was released on 2006 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reprint of the fourth edition, which contains an additional text attributed to Voltaire. Originally published anonymously in 1764, Dei Delitti e Delle Pene was the first systematic study of the principles of crime and punishment. Infused with the spirit of the Enlightenment, its advocacy of crime prevention and the abolition of torture and capital punishment marked a significant advance in criminological thought, which had changed little since the Middle Ages. It had a profound influence on the development of criminal law in Europe and the United States.
Download or read book Law and New Governance in the EU and the US written by Gráinne de Búrca and published by Bloomsbury Publishing. This book was released on 2006-04-26 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: New approaches to governance have attracted significant scholarly attention in recent years. Commentators on both sides of the Atlantic have identified, charted and evaluated the rise and spread of forms of governance, forms which seem to differ from previous regulatory and legal paradigms. In Europe, the emergence of the Open Method of Coordination has provided a focal point for new governance studies. In the US, scholarship on issues such as collaborative problem-solving, democratic experimentalism, and problem-solving courts exemplify the interest in similar developments. This book covers diverse policy sectors and subjects, including the environment, education, anti-discrimination, food safety and many others. While some chapters concentrate on the operation of new governance mechanisms in a federal and multilevel context and others look at the relationship between public and private mechanisms and settings, what all the contributors share in common is the pursuit of effective mechanisms for addressing complex social problems, and the challenges they raise for our understanding of law and constitutionalism, and of legal and constitutional values.
Download or read book Conceptualising Home written by Lorna Fox O'Mahony and published by Bloomsbury Publishing. This book was released on 2006-12-01 with total page 568 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is difficult to overstate the everyday importance of home in law. Home provides the backdrop for our lives, and is often the scene or the subject of legal disputes. In addition, in recent decades there has been growing academic interest in the meaning of home, which has prompted empirical studies and theoretical exploration in a wide range of disciplines. Yet, while the authenticity of home as a social, psychological, cultural and emotional phenomenon has been recognised in other disciplines, it has not penetrated the legal domain, where the proposition that home can encapsulate meanings beyond the physical structure of the house, or the capital value it represents, continues to present conceptual difficulties. This book focuses on the competing interests of creditors who lend money against the security of the property and the occupiers who dwell in the property, in the context of possession actions. By mapping the concept of home as it has evolved in other disciplines against existing legal frameworks, Conceptualising Home examines the possibilities for developing a coherent concept of home in law.
Download or read book An Essay on the Law of Bailments written by William Jones and published by . This book was released on 1833 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Loyalty written by George P. Fletcher and published by Oxford University Press. This book was released on 1995-07-13 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: At a time when age-old political structures are crumbling, civil strife abounds, and economic uncertainty permeates the air, loyalty offers us security in our relationships with associates, friends, and family. Yet loyalty is a suspect virtue. It is not impartial. It is not blind. It violates the principles of morality that have dominated Western thought for the last two hundred years. Loyalties are also thought to be irrational and contrary to the spirit of Capitalism. In a free market society, we are encouraged to move to the competition when we are not happy. This way of thinking has invaded our personal relationships and undermined our capacities for friendship and loyalty to those who do not serve our immediate interests. As George P. Fletcher writes, it is time for loyal bonds, born of history and experience, to prevail both over impartial morality and the self-interested thinking of the market trader. In this extended essay, George P. Fletcher offers an account of loyalty that illuminates its role in our relationships with family and friends, our ties to country, and the commitment of the religious to God and their community. Fletcher opposes the traditional view of the moral self as detached from context and history. He argues instead that loyalty, not impartial detachment, should be the central feature of our moral and political lives. Writing as a political "liberal," he claims that a commitment to country is necessary to improve the lot of the poor and disadvantaged. This commitment to country may well require greater reliance on patriotic rituals in education and a reconsideration of the Supreme Court's extending the First Amendment to protect flag burning. Given the worldwide currents of parochialism and political decentralization, the task for us, Fletcher argues, is to renew our commitment to a single nation united in its diversity. Bringing to bear his expertise as a law professor, Fletcher reasons that the legal systems should defer to existing relationships of loyalty. Familial, professional, and religious loyalties should be respected as relationships beyond the limits of the law. Thus surrogate mothers should not be forced to surrender and betray their children, spouses should not be required to testify against each other in court, parents should not be prevented from willing their property to their children, and the religiously committed should not be forced to act contrary to conscience. Yet the question remains: Aren't loyalty, and particularly patriotism, dangerously one-sided? Indeed, they are, but no more than are love and friendship. The challenge, Fletcher maintains, is to overcome the distorting effects of impartial morality and to develop a morality of loyalty properly suited to our emotional and spiritual lives. Justice has its sphere, as do loyalties. In this book, Fletcher provides the first step toward a new way of thinking that recognizes the complexity of our moral and political lives.
Download or read book An Essay on the Law of Contracts written by Daniel Chipman and published by The Lawbook Exchange, Ltd.. This book was released on 2006-03 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reprint of the uncommon first edition. Chipman's Essay was the first original treatise on the subject written in the United States. (Verplanck's An Essay on the Doctrine of Contracts (1825) was the second.) In his Legal Bibliography (1847) Marvin criticized Chipman for "show[ing] what the law of contracts ought to be rather than what the law of contracts is" (189). This remark indicates Marvin's failure to grasp the changing nature of contract law, and it shows that Chipman's ideas were ahead of their time. Indeed, as Horwitz points out, Chipman was the first American to submerge the "dominant equity theory of contract in a conception of contractual obligation based exclusively on express bargains" determined by market values. Chipman [1765-1850] was a Vermont lawyer, a professor of law at Middlebury, a representative to the state legislature and the U.S. Congress and a delegate to several Vermont constitutional conventions.
