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 The Oxford Handbook of Fiduciary Law written by Evan J. Criddle and published by Oxford University Press. This book was released on 2019-04-29 with total page 912 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Fiduciary Law provides a comprehensive overview of critical topics in fiduciary law and theory through chapters authored by leading scholars. The Handbook opens with surveys of the many fields of law in which fiduciary duties arise, including agency law, trust law, corporate law, pension law, bankruptcy law, family law, employment law, legal representation, health care, and international law. Drawing on these surveys, the Handbook offers a synthetic analysis of fiduciary law's key concepts and principles. Chapters in the Handbook explore the defining features of fiduciary relationships, clarify the distinctive fiduciary duties that arise in these relationships, and identify the remedies available for breach of fiduciary duties. The volume also provides numerous comparative perspectives on fiduciary law from eminent legal historians and from scholars with deep expertise in a diverse array of the world's legal systems. Finally, the Handbook lays the groundwork for future research on fiduciary law and theory by highlighting cross-cutting themes, identifying persistent theoretical and practical challenges, and exploring how the field could be enriched through empirical analysis and interdisciplinary insights from economics, philosophy, and psychology. Unparalleled in its breadth and depth of coverage, The Oxford Handbook of Fiduciary Law represents an invaluable resource for practitioners, policymakers, scholars, and students in this essential field of law.
Download or read book The Principle of Loyalty in EU Law written by Marcus Klamert and published by . This book was released on 2014 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: The principle of loyalty requires the EU and its Member States to co-operate sincerely towards the implementation of EU law. Under the principle, the European courts have developed significant public law duties on States to deepen the reach of EU law. This is the first full-length analysis of the loyalty principle and its legal implications.
Download or read book The Law of Loyalty written by Lionel Smith and published by Oxford University Press. This book was released on 2023-05-11 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph elucidates common legal principles underlying the use of juridical powers. It addresses both public law and private law, and examines both the common law and the civil law. It aims to provide a theory of how Western law regulates the situations in which we hold legal powers, not for ourselves, but for and on behalf of others. It does this by elucidating the justificatory principles that are attracted in those situations. These principles include that other-regarding powers can only properly be used for the purposes for which they were granted; that they should not be used when the holder is in a conflict of self-interest and duty, or a conflict of duty and duty; and that the holder is presumptively accountable for any profits extracted from the other-regarding role. These principles stand behind the detailed legal rules that govern these relationships in multiple legal systems and in multiple public and private settings. In private law this includes the powers of trustees, corporate directors, agents and mandataries; in public law it includes all powers held for public purposes, whether they be held by the Prime Minister, by a police officer, or by a judge.
Download or read book Reforming Antitrust written by Alan J. Devlin and published by Cambridge University Press. This book was released on 2021-08-19 with total page 649 pages. Available in PDF, EPUB and Kindle. Book excerpt: Industrial consolidation, digital platforms, and changing political views have spurred debate about the interplay between public and private power in the United States and have created a bipartisan appetite for potential antitrust reform that would mark the most profound shift in US competition policy in the past half-century. While neo-Brandeisians call for a reawakening of antitrust in the form of a return to structuralism and a concomitant rejection of economic analysis founded on competitive effects, proponents of the status quo look on this state of affairs with alarm. Scrutinizing the latest evidence, Alan J. Devlin finds a middle ground. US antitrust laws warrant revision, he argues, but with far more nuance than current debates suggest. He offers a new vision of antitrust reform, achieved by refining our enforcement policies and jettisoning an unwarranted obsession with minimizing errors of economic analysis.
Download or read book Post Liberal Religious Liberty written by Joel Harrison and published by Cambridge University Press. This book was released on 2020-07-09 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why should we care about religious liberty? Leading commentators, United Kingdom courts, and the European Court of Human Rights have de-emphasised the special importance of religious liberty. They frequently contend it falls within a more general concern for personal autonomy. In this liberal egalitarian account, religious liberty claims are often rejected when faced with competing individual interests – the neutral secular state must protect us against the liberty-constraining acts of religions. Joel Harrison challenges this account. He argues that it is rooted in a theologically derived narrative of secularisation: rather than being neutral, it rests on a specific construction of 'secular' and 'religious' spheres. This challenge makes space for an alternative theological, political, and legal vision. Drawing from Christian thought, from St Augustine to John Milbank, Harrison develops a post-liberal focus on association. Religious liberty, he argues, facilitates creating communities seeking solidarity, fraternity, and charity – goals that are central to our common good.
Download or read book The Cost of Loyalty written by Tim Bakken and published by Bloomsbury Publishing USA. This book was released on 2020-02-18 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Kirkus Reviews Best Book of 2020 A courageous and damning look at the destruction wrought by the arrogance, incompetence, and duplicity prevalent in the U.S. military-from the inside perspective of a West Point professor of law. Veneration for the military is a deeply embedded but fatal flaw in America's collective identity. In twenty years at West Point, whistleblower Tim Bakken has come to understand how unquestioned faith isolates the U.S. armed forces from civil society and leads to catastrophe. Pervaded by chronic deceit, the military's insular culture elevates blind loyalty above all other values. The consequences are undeniably grim: failure in every war since World War II, millions of lives lost around the globe, and trillions of dollars wasted. Bakken makes the case that the culture he has observed at West Point influences whether America starts wars and how it prosecutes them. Despite fabricated admissions data, rampant cheating, epidemics of sexual assault, archaic curriculums, and shoddy teaching, the military academies produce officers who maintain their privileges at any cost to the nation. Any dissenter is crushed. Bakken revisits all the major wars the United States has fought, from Korea to the current debacles in the Middle East, to show how the military culture produces one failure after another. The Cost of Loyalty is a powerful, multifaceted revelation about the United States and its singular source of pride. One of the few federal employees ever to win a whistleblowing case against the U.S. military, Bakken, in this brave, timely, and urgently necessary book, and at great personal risk, helps us understand why America loses wars.
Download or read book Fiduciary Loyalty written by Matthew Conaglen and published by Bloomsbury Publishing. This book was released on 2010-01-08 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the second SLS Peter Birks Prize for Outstanding Legal Scholarship 2010. Fiduciary Loyalty presents a comprehensive analysis of the nature and function of fiduciary duties. The concept of loyalty, which lies at the heart of fiduciary doctrine, is a form of protection which is designed to enhance the likelihood of due performance of non-fiduciary duties, by seeking to avoid influences or temptations that may distract the fiduciary from providing such proper performance. In developing this position, the book takes the novel approach of putting to one side the difficult question of when fiduciary duties arise in order to focus attention instead on what fiduciary duties do when they are owed. The issue of when fiduciary duties arise can then be returned to, and considered more profitably, once a clear view has emerged of the function that such duties perform. The analysis advanced in the book has both practical and theoretical implications for understanding fiduciary doctrine. For example, it provides a sound conceptual footing for understanding the relationship between fiduciary and non-fiduciary duties, highlighting the practical importance of analysing both forms of duties carefully when considering fiduciary claims. Further, it explains a number of tenets within fiduciary doctrine, such as the proscriptive nature of fiduciary duties and the need to obtain the principal's fully informed consent in order to avoid fiduciary liability. Understanding the relationship between fiduciary and non-fiduciary duties also provides a solid foundation for addressing issues concerning compensatory remedies for their breach and potential defences such as contributory fault. The distinctive purpose that fiduciary duties serve also provides a firm theoretical basis for maintaining their separation from other forms of civil obligation, such as those that arise under the law of contracts and of torts.
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 Loyalty to the Law written by Clyde Ernest Stone and published by . This book was released on 1926* with total page 8 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Federal Loyalty Security Program written by Eleanor Bontecou and published by Praeger. This book was released on 1974-03-25 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Law of Loyalty written by Lonnie Keene and published by Createspace Independent Pub. This book was released on 2012-11-01 with total page 110 pages. Available in PDF, EPUB and Kindle. Book excerpt: Do you want healthy long-lasting relationships? Would you like to build a winning team in your church or organization? Did you know that loyalty is a key to prosperity? This book has been designed to answer these questions and much more when it comes to the subject of loyalty. We live in a society where people don't put loyalty high on the priority list. The divorce rate is alarming. Professional athletes aren't as faithful to owners and fans as they were years ago and Christians move from one church to another regularly. But loyalty has its benefits. I trust that whether you're a pastor, a business leader, a political leader, a spouse, or a friend, your life will be enriched as you read The Law of Loyalty.
Download or read book The 7 Intuitive Laws of Employee Loyalty written by Heather R. Younger and published by Leadu Publishing. This book was released on 2017-06-27 with total page 110 pages. Available in PDF, EPUB and Kindle. Book excerpt: Employee engagement and loyalty can be an elusive topic. The 7 Intuitive Laws of Employee Loyalty is a guidebook for organizational leaders looking to curate a culture that engages their teams in doing great work. This book presents the fundamental principles to develop a truly engaged and loyal workforce. Take the guesswork out of the process! You will uncover inspiring and implementable practices from page one that will leave your employees feeling energized to produce, inspired to innovate, and more compelled to stay.
Download or read book The Law of Loyalty written by Lionel D. Smith and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This monograph elucidates common legal principles underlying the use of juridical powers. It addresses both public law and private law, and examines both the common law and the civil law. It aims to provide a theory of how Western law regulates the situations in which we hold legal powers, not for ourselves, but for and on behalf of others. It does this by elucidating the justificatory principles that are attracted in those situations. These principles include that other-regarding powers can only properly be used for the purposes for which they were granted; that they should not be used when the holder is in a conflict of self-interest and duty, or a conflict of duty and duty; and that the holder is presumptively accountable for any profits extracted from the other-regarding role. These principles stand behind the detailed legal rules that govern these relationships in multiple legal systems and in multiple public and private settings. In private law this includes the powers of trustees, corporate directors, agents and mandataries; in public law it includes all powers held for public purposes, whether they be held by the Prime Minister, by a police officer, or by a judge"--
Download or read book Comparative Company Law written by Andreas Cahn and published by Cambridge University Press. This book was released on 2018-10-04 with total page 1095 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents in-depth, comparative analyses of German, UK and US company laws illustrated by leading cases, with German cases in English translation.
Download or read book Licensing Loyalty written by Jane McLeod and published by Penn State Press. This book was released on 2011 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Explores the evolution of the idea that the rise of print culture was a threat to the royal government of eighteenth-century France. Argues that French printers did much to foster this view as they negotiated a place in the expanding bureaucratic apparatus of the state"--Provided by publisher.
Download or read book Evidence in Contemporary Civil Procedure written by C. H. van Rhee and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the start of the new millennium, many contemporary legal jurisdictions have been revisiting the fundamental principles of their civil procedures. Even the core areas of the civil process are not left untouched, including the way in which evidence is introduced, collected, and presented in court. In the field of evidence taking, one generator of the reforms has been slow and inefficient litigation. Both in Europe and globally, reaching a balance between the demands of factual accuracy and the need to adjudicate disputes in a swift, cost-effective, and efficient way is still one of the key challenges. Another reason why many countries are reforming their law of evidence is related to cultural and technological changes in modern societies. Traditional human rights (such as the right to privacy and due process) is shifting. The modern need for security, efficiency, and quick access to justice, along with the perception of what is admissible or not in the context of evidence taking, is changing as well. In the same sense, the fast pace of modern life commands different practices of fact-finding, accompanied by new methods of selection of evidence that are appropriate for this purpose. Last but not least, the overwhelming penetration of new technologies into all spheres of public and private life has the capacity to dramatically change the methods of the collection and presentation of evidence. Exploring these issues, contributors to this book reflect on how these trends affect the situation in their countries and present their views on further developments, both nationally and in comparison with the developments in other countries and regions. A further goal is to inquire whether, in spite of national differences that are still dominant, the approaches to civil evidence are converging, and whether reforms affecting fact-finding have a chance of leading to some forms of harmonization. (Series: Ius Commuen Europaeum - Vol. 139) Subject: Legal Procedure, Civil Law, Comparative Law]
