Download or read book The Fate of Law written by Austin Sarat and published by University of Michigan Press. This book was released on 2009-11-10 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: For law and legal theory the end of the twentieth century is a time of contradiction; while the newly emerging politics of Eastern Europe seek to establish a new rule of law, voices in this country proclaim the "death of law." For the former, law provides hope for stability and fairness. For the latter, the fundamental values that provide a grounding for legality seem no longer secure or satisfying. The Fate of Law is a collection of five original essays, each of which discusses the problems and prospects of law in the late twentieth century. The essays pay particular attention to the impact of broad intellectual and political movements, especially feminism and postmodernism, on law and legal theory. The Fate of Law investigates what happens under the critical scrutiny of those movements and in an era of growing skepticism about law's central claim to objectivity, neutrality, and reason. It describes the struggles that ensue and the responses that are made. Each of the essays that comprise this books is written in its own style and voice; each makes it own judgments and assessments.
Download or read book Constitutional Fate written by Philip Bobbitt and published by Oxford University Press. This book was released on 1984-03-15 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: Here, Philip Bobbitt studies the basis for the legitimacy of judicial review by examining six types of constitutional argument--historical, textual, structural, prudential doctrinal, and ethical--through the unusual method of contrasting sketches of prominent legal figures responding to the constitutional crises of their day.
Download or read book The Law and the Dead written by Heather Conway and published by Routledge. This book was released on 2016-04-14 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fate of the dead is a compelling and emotive subject, which also raises increasingly complex legal questions. This book focuses on the substantive laws around disposal of the recently deceased and associated issues around their post-mortem fate. It looks primarily at the laws in England and Wales but also offers a comparative approach, drawing heavily on material from other common law jurisdictions including Australia, New Zealand, Canada and the United States. The book provides an in-depth, contextual and comparative analysis of the substantive laws and policy issues around corpse disposal, exhumation and the posthumous treatment of the dead, including commemoration. Topics covered include: the legal frameworks around burial, cremation and other disposal methods; the hierarchy of persons who have a legal duty to dispose of the dead and who are entitled to possession of the deceased’s remains; offences against the dead; family burial disputes, and the legal status of burial instructions; the posthumous use of donated bodily material; and the rules around disinterment, and creating an appropriate memorial. A key theme of the book will be to look at the manner in which conflicts involving the dead are becoming increasingly common in secular, multi-cultural societies where the traditional nuclear family model is no longer the norm, and how such legal contests are resolved by courts. As the first comprehensive survey of the laws in this area for decades, this book will be of use to academics, lawyers and judges adjudicating on issues around the fate of the dead, as well as the death industry and funeral service providers.
Download or read book Lawyers Without Rights written by Simone Lawig-Winters and published by . This book was released on 2019-01-02 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lawyers Without Rights: The Fate of Jewish Lawyers in Berlin after 1933 is about the rule of law and how one government - the Third Reich in Germany - systematically undermined fair and just law through humiliation, degradation and legislation leading to expulsion of Jewish lawyers and jurists from the legal profession.
Download or read book A Tragic Fate written by Nicholas M. O'Donnell and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The organized theft of fine art by Nazi Germany has captivated worldwide attention in the last twenty years. As much as any other topic arising out of World War Two, stolen art has proven to be an issue that simply will not go away. Newly found works of art pit survivors and their heirs against museums, foreign nations, and even their own family members. These stories are enduring because they speak to one of the core tragedies of the Nazi era: how a nation at the pinnacle of fine art and culture spawned a legalized culture of theft and plunder. A Tragic Fate is the first book to seriously address the legal and ethical rules that have dictated the results of restitution claims between competing claimants to the same works of art. It provides a history of Art and Culture in German-occupied Europe, an introduction to the most significant collections in Europe to be targeted by the Nazis, and a narrative of the efforts to reclaim looted artwork in the decades following the Holocaust through profiles of some of the art world's most famous and influential restitution cases.
Download or read book Law in Everyday Life written by Austin Sarat and published by University of Michigan Press. This book was released on 2009-11-10 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Sarat and Kearns . . . have edited a truly marvelous work on the impact of the law on daily life and vice versa. . . . the essays are all exemplary, thought- provoking works worthy of a long, contemplative read by scholars, lawyers, and judges alike." --Choice "The subject of law in everyday life is timely in theory and in practice. The essays collected here are stimulating for the very different ways in which they reconfigure the meanings of 'the law' as cultural practice, and 'the everyday' as a cultural domain in which the state expresses a range of interests and engagements. Readers looking for an introduction to this topic will come away from the book with a clear sense of the varied voices and modes of inquiry now involved in sociolegal studies, and what distinguishes them. More experienced readers will appreciate the book's meticulous reconsideration of the instrumentalities, agencies, and constructedness of law." --Carol Greenhouse, Indiana University Contributors include David Engel, Hendrik Hartog, Thomas R. Kearns, David Kennedy, Catharine MacKinnon, George Marcus, Austin Sarat, and Patricia Williams. Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science, and Chair of the Department of Law, Jurisprudence, and Social Thought, Amherst College. Thomas R. Kearns is William H. Hastie Professor of Philosophy and Professor of Law, Jurisprudence, and Social Thought, Amherst College.
Download or read book The Fate of the Revolution written by Lorri Glover and published by Johns Hopkins University Press+ORM. This book was released on 2016-05-13 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: The history of the 1788 Virginia Ratification Convention explores the Constitutional debates that decided the nation’s fate and still resonate today. In May 1788, elected delegates from every county in Virginia gathered in Richmond where they would either accept or reject the highly controversial United States Constitution. The rest of the country kept an anxious vigil, keenly aware that without Virginia—the young Republic’s largest and most populous state—the Constitution was doomed. In The Fate of the Revolution, Lorri Glover explains why Virginia’s wrangling over ratification led to such heated political debate. Virginians were roughly split in their opinions, as were the delegates they elected. Patrick Henry, for example, the greatest orator of the age, opposed James Madison, the intellectual force behind the Constitution. The two sides were so evenly matched that in the last days of the convention, the savviest political observers still couldn’t predict the outcome. Mining an incredible wealth of sources, including letters, pamphlets, newspaper articles, and transcripts, Glover brings these political discussions to life, exploring the constitutional questions that echo across American history.
Download or read book Empire of Law written by Kaius Tuori and published by Cambridge University Press. This book was released on 2020-04-02 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: The history of exiles from Nazi Germany and the creation of the notion of a shared European legal tradition.
Download or read book Law Society written by John Sutton and published by Pine Forge Press. This book was released on 2001 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: A core text for the Law and Society or Sociology of Law course offered in Sociology, Criminal Justice, Political Science, and Schools of Law. * John Sutton offers an explicitly analytical perspective to the subject - how does law change? What makes law more or less effective in solving social problems? What do lawyers do? * Chapter 1 contrasts normative and sociological perspectives on law, and presents a brief primer on the logic of research and inference as it is applied to law related issues. * Theories of legal change are discussed within a common conceptual framework that highlights the explantory strengths and weaknesses of different arguments. * Discussions of "law in action" are explicitly comparative, applying a consistent model to explain the variable outcomes of civil rights legislation. * Many concrete, in-depth examples throughout the chapters.
Download or read book Courting Death written by Carol S. Steiker and published by Harvard University Press. This book was released on 2016-11-07 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Before constitutional regulation -- The Supreme Court steps in -- The invisibility of race in the constitutional revolution -- Between the Supreme Court and the states -- The failures of regulation -- An unsustainable system? -- Recurring patterns in constitutional regulation -- The future of the American death penalty -- Life after death
Download or read book Who Controls the Internet written by Jack Goldsmith and published by Oxford University Press. This book was released on 2006-03-17 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is the Internet erasing national borders? Will the future of the Net be set by Internet engineers, rogue programmers, the United Nations, or powerful countries? Who's really in control of what's happening on the Net? In this provocative new book, Jack Goldsmith and Tim Wu tell the fascinating story of the Internet's challenge to governmental rule in the 1990s, and the ensuing battles with governments around the world. It's a book about the fate of one idea--that the Internet might liberate us forever from government, borders, and even our physical selves. We learn of Google's struggles with the French government and Yahoo's capitulation to the Chinese regime; of how the European Union sets privacy standards on the Net for the entire world; and of eBay's struggles with fraud and how it slowly learned to trust the FBI. In a decade of events the original vision is uprooted, as governments time and time again assert their power to direct the future of the Internet. The destiny of the Internet over the next decades, argue Goldsmith and Wu, will reflect the interests of powerful nations and the conflicts within and between them. While acknowledging the many attractions of the earliest visions of the Internet, the authors describe the new order, and speaking to both its surprising virtues and unavoidable vices. Far from destroying the Internet, the experience of the last decade has lead to a quiet rediscovery of some of the oldest functions and justifications for territorial government. While territorial governments have unavoidable problems, it has proven hard to replace what legitimacy governments have, and harder yet to replace the system of rule of law that controls the unchecked evils of anarchy. While the Net will change some of the ways that territorial states govern, it will not diminish the oldest and most fundamental roles of government and challenges of governance. Well written and filled with fascinating examples, including colorful portraits of many key players in Internet history, this is a work that is bound to stir heated debate in the cyberspace community.
Download or read book Law s Trials written by Richard L. Abel and published by Cambridge University Press. This book was released on 2018-08-09 with total page 861 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law's Trials analyzes the performance of US courts in upholding the rule of law during the 'war on terror'.
Download or read book The Future of Ideas written by Lawrence Lessig and published by Vintage. This book was released on 2002-10-22 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Internet revolution has come. Some say it has gone. In The Future of Ideas, Lawrence Lessig explains how the revolution has produced a counterrevolution of potentially devastating power and effect. Creativity once flourished because the Net protected a commons on which widest range of innovators could experiment. But now, manipulating the law for their own purposes, corporations have established themselves as virtual gatekeepers of the Net while Congress, in the pockets of media magnates, has rewritten copyright and patent laws to stifle creativity and progress. Lessig weaves the history of technology and its relevant laws to make a lucid and accessible case to protect the sanctity of intellectual freedom. He shows how the door to a future of ideas is being shut just as technology is creating extraordinary possibilities that have implications for all of us. Vital, eloquent, judicious and forthright, The Future of Ideas is a call to arms that we can ill afford to ignore.
Download or read book A Short History of European Law written by Tamar Herzog and published by Harvard University Press. This book was released on 2018-01-08 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Short History of European Law brings to life 2,500 years of legal history, tying current norms to the circumstances of their conception. Tamar Herzog describes how successive legal systems built upon one another, from ancient times through the European Union. Roman law formed the backbone of each configuration, though the way it was used and reshaped varied dramatically from one century and place to the next. Only by considering Continental civil law and English common law together do we see how they drew from and enriched this shared tradition. “A remarkable achievement, sure to become a go-to text for scholars and students alike... A must-read for anyone eager to understand the origins of core legal concepts and institution—like due process and rule of law—that profoundly shape the societies in which we live today.” —Amalia D. Kessler, Stanford University “A fundamental and timely contribution to the understanding of Europe as seen through its legal systems. Herzog masterfully shows the profound unity of legal thinking and practices across the Continent and in England.” —Federico Varese, Oxford University “Required reading for Americanists North and South, and indeed, for all of us inhabiting a postcolonial world deeply marked by the millennia of legal imaginings whose dynamic transformations it so lucidly charts.” —David Nirenberg, University of Chicago
Download or read book The Law of Nations written by Emer de Vattel and published by . This book was released on 1856 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Law s Violence written by Austin Sarat and published by University of Michigan Press. This book was released on 2009-11-12 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: In bringing together accomplished and thoughtful scholars of different disciplines, with a command of literature ranging from the legal to the literary, and in relating the works to the central arguments of the late Professor Robert Cover, Sarat and Kearns have created a first-rate up-to-date exposition of this important and complicated issue, namely, how to understand better the violence implicit and explicit in law.--Legal Studies Forum The relationship between law and violence is made familiar to us in vivid pictures of police beating suspects, the large and growing prison population, and the tenacious attachment to capital punishment in the United States. Yet the link between law and violence and the ways that law manages to impose pain and death while remaining aloof and unstained are an unexplored mystery. Each essay in this volume considers the question of how violence done by and in the name of the law differs from illegal or extralegal violence--or, indeed, if they differ at all. Each author draws on a distinctive disciplinary tradition-- literature, history, anthropology, philosophy, political science, or law. Yet each reminds us that law, constituted in response to the metaphorical violence of the state of nature, is itself a doer of literal violence. Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science and Chair of the Program in Law, Jurisprudence, and Social Thought, Amherst College. Thomas R. Kearns is William H. Hastie Professor of Philosophy, Amherst College.
Download or read book The Fate of the West written by Bill Emmott and published by Profile Books. This book was released on 2017-04-27 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: When faced with global instability and economic uncertainty, it is tempting for states to react by closing borders, hoarding wealth and solidifying power. We have seen it at various times in Japan, France and Italy and now it is infecting much of Europe and America, as the vote for Brexit in the UK has vividly shown. This insularity, together with increased inequality of income and wealth, threatens the future role of the West as a font of stability, prosperity and security. Part of the problem is that the principles of liberal democracy upon which the success of the West has been built have been suborned, with special interest groups such as bankers accruing too much power and too great a share of the economic cake. So how is this threat to be countered? States such as Sweden in the 1990s, California at different times or Britain under Thatcher all halted stagnation by clearing away the powers of interest groups and restoring their societies' ability to evolve. To survive, the West needs to be porous, open and flexible. From reinventing welfare systems to redefining the working age, from reimagining education to embracing automation, Emmott lays out the changes the West must make to revive itself in the moment and avoid a deathly rigid future.
