Download or read book Discretion to Disobey written by Mortimer R. Kadish and published by Quid Pro Books. This book was released on 2012-01-06 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beyond civil disobedience and the citizen's power to protest and defy law, this book looks at rule departures actually sanctioned by law.This acclaimed study by philosophy professor Mortimer Kadish and law professor Sanford Kadish is a truly interdisciplinary inquiry into the idea of departing from the strict letter of the law in a way that, they argue, actually comports with both law and morality.An instant classic and source of debate when first published by Stanford University Press in 1973, this book still resonates on questions of rule violations for the greater good, jury nullification, police and prosecutor discretion not to arrest or charge, civil disobedience, and the very concept of rules. Both citizens and government actors, they write, hold the power and the right to deviate from law in certain contexts and yet not act illegally in a sense -- because law itself contains strands of adaptations to its own departures that the authors weave into a sustained jurisprudential point.As one reviewer soon wrote, "the paradoxical idea that a citizen or official may lawfully break the law" will surely "raise the hackles" of any legal positivist. Yet it remains a challenging idea well worth considering. This book, despite its reputation in the fields of law and philosophy, is actually accessible to fields and scholars beyond, and to citizens who are finding their rightful place among the powers of governmental institutions.Part of the Classics of Law & Society Series from Quid Pro, includes 2010 Notes by the series editor and is available in new high-quality digital formats as well.
Download or read book Discretion to Disobey written by Mortimer Raymond Kadish and published by . This book was released on 1973 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Discretion to Disobey written by Mortimer Raymond Kadish and published by Stanford University Press. This book was released on 1973 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Handled with Discretion written by John Kleinig and published by Rowman & Littlefield. This book was released on 1996 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays examines the nature of police discretion and its many varieties. The essays explore the kinds of judgment calls police officers frequently must make : When should they get involved? Whom should they watch? What constitutes a disturbance of the peace? What resources should be devoted to a situation? Does social welfare take precedence over law enforcement? Under what conditions, if any, may police officers engage in selective enforcement of the law? Each essay or pair of essays is followed by a response, presenting contradictory or supplementary views.
Download or read book Kelsen Revisited written by Luís Duarte d'Almeida and published by Bloomsbury Publishing. This book was released on 2014-07-18 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: Forty years after his death, Hans Kelsen (1881-1973) remains one of the most discussed and influential legal philosophers of our time. This collection of new essays takes Kelsen's Pure Theory of Law as a stimulus, aiming to move forward the debate on several central issues in contemporary jurisprudence. The essays in Part I address legal validity, the normativity of law, and Kelsen's famous but puzzling idea of a legal system's 'basic norm'. Part II engages with the difficult issues raised by the social realities of law and the actual practices of legal officials. Part III focuses on conceptual features of legal systems and the logical structure of legal norms. All the essays were written for this volume by internationally renowned scholars from seven countries. Also included, in English translation, is an important polemical essay by Kelsen himself.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book Intelligent Disobedience written by Bob McGannon and published by Routledge. This book was released on 2018-03-09 with total page 142 pages. Available in PDF, EPUB and Kindle. Book excerpt: Obeying all of the rules rarely generates breakthrough business performance because it does not generate new approaches. Breaking the rules randomly does not work either. Intelligent disobedience values improved business performance over compliance with the rules, when conditions permit. This is the essence of intelligent disobedience: knowing when and how to break, bend, or invent new rules to get better outcomes. This book promotes enhanced performance by promoting a higher form of ethics. Intelligent disobedience seeks to surface hidden truth and to produce actions that are of higher integrity to yield superior results. The book guides the reader to evaluate their work environment, current business results, and risk, to determine if, when, and how acting with intelligent disobedience can enhance their business outcomes and their career. Intelligent Disobedience: The Difference between Good and Great Leaders seeks to: enhance the reader’s business success; help the reader examine methods for proposing potentially unpopular directions or opinions; propose a decision-making process for when the reader should "bend or break the rules" – leveraging common sense over common processes on an exception basis; guide the reader to determine instances in which improved outcomes are better than ensuring compliance with corporate norms or management directions. This rich and sophisticated book interweaves real-life experiences from successful leaders with the themes of human psychology, ethics, decision making, delegation, communicating upwards and downwards ... Everything the senior manager needs to survive and thrive in a complex, uncertain, ambiguous, and fast-changing world.
Download or read book Conflicts of Law and Morality written by Kent Greenawalt and published by Oxford University Press, USA. This book was released on 1989 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: Powerful emotion and pursuit of self-interest have many times led people to break the law with the belief that they are doing so with sound moral reasons. This study is a comprehensive philosophical and legal analysis of the gray area in which the foundations of law and morality clash. In examining the extent of the obligations owed by citizens to their government, Greenawalt concentrates on the possible existence of a single source of obligation that reaches all citizens and all laws.
Download or read book Socrates and the State written by Richard Kraut and published by Princeton University Press. This book was released on 2022-03-08 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fresh outlook on Socrates' political philosophy in Plato's early dialogues argues that it is both more subtle and less authoritarian than has been supposed. Focusing on the Crito, Richard Kraut shows that Plato explains Socrates' refusal to escape from jail and his acceptance of the death penalty as arising not from a philosophy that requires blind obedience to every legal command but from a highly balanced compromise between the state and the citizen. In addition, Professor Kraut contends that our contemporary notions of civil disobedience and generalization arguments are not present in this dialogue.
Download or read book Crimes of Obedience written by Herbert C. Kelman and published by Yale University Press. This book was released on 1989-01-01 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sergeant William Calley's defense of his behavior in the My Lai massacre and the widespread public support for his argument that he was merely obeying orders from a superior and was not personally culpable led Herbert C. Kelman and V. Lee Hamilton to investigate the attitudes toward responsibility and authority that underlie "crimes of obedience"--not only in military circumstances like My Lai but as manifested in Watergate, the Iran-Contra scandal, and the Kurt Waldheim affair. Their book is an ardent plea for the right and obligation of citizens to resist illegal and immoral orders from above.
Download or read book Civil Disobedience written by Henry David Thoreau and published by The Floating Press. This book was released on 2009-01-01 with total page 41 pages. Available in PDF, EPUB and Kindle. Book excerpt: Thoreau wrote Civil Disobedience in 1849. It argues the superiority of the individual conscience over acquiescence to government. Thoreau was inspired to write in response to slavery and the Mexican-American war. He believed that people could not be made agents of injustice if they were governed by their own consciences.
Download or read book Law and Leviathan written by Cass R. Sunstein and published by Harvard University Press. This book was released on 2020-09-15 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: From two legal luminaries, a highly original framework for restoring confidence in a government bureaucracy increasingly derided as “the deep state.” Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? Intolerable? American public law has long been riven by a persistent, serious conflict, a kind of low-grade cold war, over these questions. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed, as long as public officials are constrained by what they call the morality of administrative law. Law and Leviathan elaborates a number of principles that underlie this moral regime. Officials who respect that morality never fail to make rules in the first place. They ensure transparency, so that people are made aware of the rules with which they must comply. They never abuse retroactivity, so that people can rely on current rules, which are not under constant threat of change. They make rules that are understandable and avoid issuing rules that contradict each other. These principles may seem simple, but they have a great deal of power. Already, without explicit enunciation, they limit the activities of administrative agencies every day. But we can aspire for better. In more robust form, these principles could address many of the concerns that have critics of the administrative state mourning what they see as the demise of the rule of law. The bureaucratic Leviathan may be an inescapable reality of complex modern democracies, but Sunstein and Vermeule show how we can at last make peace between those who accept its necessity and those who yearn for its downfall.
Download or read book When Military Obedience and Restrictions on War Powers Collide written by Ellen Nohle and published by Edward Elgar Publishing. This book was released on 2024-04-12 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: This provocative book explores the precarious conflict between the legal restrictions on governments’ power to take military action and the legal liability of soldiers to execute military orders. Adopting a multidisciplinary approach, this insightful book challenges the current distribution of trust between military decision-makers and agents.
Download or read book Discretion and Deviation in the Administration of Immigration Control written by Satvinder Singh Juss and published by . This book was released on 1997 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: Consists of reports from the four sessions of the APIL/FOIL joint conference held on October 12th 1998. The issue offers suggestions for best practice for PI practitioners, focusing on co-operation between plaintiff and defendent representatives, and looks at future developments
Download or read book Radical Enfranchisement in the Jury Room and Public Life written by Sonali Chakravarti and published by University of Chicago Press. This book was released on 2020-01-24 with total page 159 pages. Available in PDF, EPUB and Kindle. Book excerpt: Juries have been at the center of some of the most emotionally charged moments of political life. At the same time, their capacity for legitimate decision making has been under scrutiny, because of events like the acquittal of George Zimmerman by a Florida jury for the shooting of Trayvon Martin and the decisions of several grand juries not to indict police officers for the killing of unarmed black men. Meanwhile, the overall use of juries has also declined in recent years, with most cases settled or resolved by plea bargain. With Radical Enfranchisement in the Jury Room and Public Life, Sonali Chakravarti offers a full-throated defense of juries as a democratic institution. She argues that juries provide an important site for democratic action by citizens and that their use should be revived. The jury, Chakravarti argues, could be a forward-looking institution that nurtures the best democratic instincts of citizens, but this requires a change in civic education regarding the skills that should be cultivated in jurors before and through the process of a trial. Being a juror, perhaps counterintuitively, can guide citizens in how to be thoughtful rule-breakers by changing their relationship to their own perceptions and biases and by making options for collective action salient, but they must be better prepared and instructed along the way.
Download or read book Lawyers Ethics and Professional Responsibility written by Andrew Boon and published by Bloomsbury Publishing. This book was released on 2015-08-27 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to produce lawyers who can debate, criticise and change professional ethics as well as understand their underlying rationale. Written by the author of the leading work on the subject, The Ethics and Conduct of Lawyers in England and Wales, this book is aimed at the undergraduate or postgraduate student taking a half or full course in the subject. The book is divided into four parts dealing with the professional and regulatory framework for delivering legal services, the obligations owed to clients, wider duties and responsibilities and practice settings. It sets out the important background to the modern practice of law, and explains the theoretical underpinning of professional ethics and its everyday application through conduct rules and principles. Extracts from legislation, cases and conduct rules are provided, and comparative issues are considered where relevant. The book is also interactive, raising issues and posing questions that will encourage students to engage with the material as they read, which will also be helpful for classroom discussion.
Download or read book Observing Law through Systems Theory written by Richard Nobles and published by Bloomsbury Publishing. This book was released on 2012-12-07 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book uses Niklas Luhmann's systems theory to explore how the legal system operates as one of modern society's subsystems. The authors demonstrate how this theory alters our understanding of some of the most important and controversial issues within law: the nature of judicial communication and legal argument; the claim that it can be right to disobey law; the character of legal pluralism and globalisation; time and its construction within law; the significance of the rule of law and human rights and the role of appeals to, and within, law. Systems theory enables the authors to demonstrate how the legal system observes its own operations through its own communications, and how this contrasts with the manner in which law is observed by other systems such as the media and politics. In this context the authors explore the constraints imposed by systems, in particular the legal system, upon the individuals who participate in them.