Download or read book The Province of Jurisprudence Democratized written by Allan C. Hutchinson and published by Oxford University Press, USA. This book was released on 2009 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Province of Jurisprudence Democratized contributes to the legal academy's shift away from a technical analytical philosophy to a jurisprudence that reflects a more democratic approach. It advances the claim that there is no position of theoretical or political innocence and that like the law it seeks to illuminate, legal theory must recognize its own political and social swing. Allan C. Hutchinson contends that, whatever else democracy might entail or imply, it must oppose elite rule whether by autocrats, functionaries or theorists, however enlightened or principled their proposals or interventions may be, and that authority must come from below, not above. The author's in-depth investigation into some of the most famous works of jurisprudence offers constructive suggestions to improve these historical arguments and forces open the longstanding issue of failed analytical methodologies of jurisprudence." "Scholars, students, and legal theorists alike will find this book engaging as they fashion their own objective criticisms regarding the concepts of 'truth,' 'fact,' and the relationship between 'law' and 'morality.' By challenging the foundational basis of contemporary legal thought. Allan C. Hutchinson attempts to wrest contemporary jurisprudence from the stifling grip of analytical legal theory, as he proposes to open it to a more thoroughly democratic approach."--BOOK JACKET.
Download or read book The Legacy of John Austin s Jurisprudence written by Michael Freeman and published by Springer Science & Business Media. This book was released on 2012-09-14 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first ever collected volume on John Austin, whose role in the founding of analytical jurisprudence is unquestionable. After 150 years, time has come to assess his legacy. The book fills a void in existing literature, by letting top scholars with diverse outlooks flesh out and discuss Austin’s legacy today. A nuanced, vibrant, and richly diverse picture of both his legal and ethical theories emerges, making a case for a renewal of interest in his work. The book applies multiple perspectives, reflecting Austin’s various interests – stretching from moral theory to theory of law and state, from Roman Law to Constitutional Law – and it offers a comparative outlook on Austin and his legacy in the light of the contemporary debate and major movements within legal theory. It sheds new light on some central issues of practical reasoning: the relation between law and morals, the nature of legal systems, the function of effectiveness, the value-free character of legal theory, the connection between normative and factual inquiries in the law, the role of power, the character of obedience and the notion of duty.
Download or read book Laughing at the Gods written by Allan C. Hutchinson and published by Cambridge University Press. This book was released on 2012-02-20 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: Any effort to understand how law works has to take seriously its main players – judges. Like any performance, judging should be evaluated by reference to those who are its best exponents. Not surprisingly, the debate about what makes a 'great judge' is as heated and inconclusive as the debate about the purpose and nature of law itself. History shows that those who are candidates for a judicial hall of fame are game changers who oblige us to rethink what it is to be a good judge. So the best of judges must tread a thin line between modesty and hubris; they must be neither mere umpires nor demigods. The eight judges showcased in this book demonstrate that, if the test of good judging is not about getting it right, but doing it well, then the measure of great judging is about setting new standards for what counts as judging well.
Download or read book Fighting Fair written by Allan C. Hutchinson and published by Cambridge University Press. This book was released on 2015-07-08 with total page 139 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book draws an extended analogy with military theory to propose a new model for legal ethics.
Download or read book Democratic Dilemma written by Nadia Verrelli and published by McGill-Queen's Press - MQUP. This book was released on 2013-05-31 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: The process used to select judges of the Supreme Court of Canada has provoked criticism from the start. Some observers argue the process - where the prime minister has unfettered discretion - suffers from a democratic deficit, but there is also disagreement regarding alternative methods of selection. The Democratic Dilemma: Reforming Canada's Supreme Court explores the institutional features of the Court, whether the existing process used to select judges ought to be reformed, the overall legitimacy of the Court, as well as the selection and appointment processes of Supreme Court justices in other liberal democracies. This book will be of special interest to students and scholars of Canadian federalism, the judiciary, and comparative supreme courts. The Democratic Dilemma: Reforming Canada's Supreme Court is the second volume in the Institute of Intergovernmental Relations' Democratic Dilemma series. The first, The Democratic Dilemma: Reforming the Canadian Senate is edited by Jennifer Smith. Contributors include Arthur Benz (Technische Universität Darmstadt, Germany), Jorge O. Bercholc (Institute of Social and Legal Research Ambrosio L. Gioja), Eugénie Brouillet (Université Laval), Erin Crandall (McGill University), Neil Cruickshank (Algoma University), F.C. DeCoste (University of Alberta), Yonatan Fessha (University of the Western Cape, South Africa), Peter W. Hogg (Blake, Cassels & Graydon LLP), Eike-Christian Hornig (Technische Universität Darmstadt, Germany), Allan C. Hutchinson York University), Achim Hurrelmann (Carleton University), Andrée Lajoie (Université de Montréal), Martin Manolov (Human Resources and Skills Development Canada), Aman McLeod (Rutgers University), Peter McCormick (University of Lethbridge), Peter Oliver (University of Ottawa), Yves Tanguay (CRIDAQ), Alan Trench (solicitor, England and Wales), and Nadia Verrelli (Algoma University and Queen's University).
Download or read book Law Life and Lore written by Allan C. Hutchinson and published by Cambridge University Press. This book was released on 2017-10-19 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law is best interpreted in the context of the traditions and cultures that have shaped its development, implementation, and acceptance. However, these can never be assessed truly objectively: individual interpreters of legal theory need to reflect on how their own experiences create the framework within which they understand legal concepts. Theory is not separate from practice, but one kind of practice. It is rooted in the world, even if it is not grounded by it. In this highly original volume, Allan C. Hutchinson takes up the challenge of self-reflection about how his upbringing, education, and scholarship contributed to his legal insights and analysis. Through this honest examination of key episodes in his own life and work, Hutchinson produces unique interpretations of fundamental legal concepts. This book is required reading for every lawyer or legal scholar who wants to analyse critically where he or she stands when they practice and study law.
Download or read book Toward an Informal Account of Legal Interpretation written by Allan C. Hutchinson and published by Cambridge University Press. This book was released on 2016-10-20 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: Toward an Informal Account of Legal Interpretation offers a viable account of law, judicial decision-making, and legal interpretation that is as fresh as it is familiar. The author expertly challenges the dominant mode of formalist theorizing and proposes an explanatory account of legal interpretation that can profitably be understood as an 'informal' intervention. Such an informal approach has no truck with either the claims of the formalists (i.e., that law is something separate from ideology) or those of the anti-formalists (i.e., that law is nothing other than ideological posturing). Hutchinson insists that, when understood properly, legal interpretation is an applied exercise in law-and-ideology; it is both constrained and unconstrained in equal measure. In developing this informalist account through a sustained application of the 'no vehicles in the park' rule, this book is wide-ranging in theoretical scope and substance, but also accessible and practical in style.
Download or read book Hart Fuller and Everything After written by Allan C Hutchinson and published by Bloomsbury Publishing. This book was released on 2023-02-23 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: More has been said about the Hart-Fuller debate than can be considered healthy or productive even within the precious world of jurisprudential scholarship – too much philosophising about how law has revelled in its own abstractness and narrowness. But the mission of this book is distinctly and determinedly different – it is not to rework these already-rehashed ideas, but to reject them entirely. Rather than add to the massive jurisprudential literature that has been generated by all and sundry, the book criticises and abandons the project that Hart and Fuller set in motion. It contends that the turn that was taken in 1957 has led down a series of cul-de-sacs, blind alleys, and dead-ends to nowhere useful or illuminating. It is more than past time to leave their debate behind and strike out in an entirely new and more promising direction. The book insists that not only law, but also all theorising about law, is political in all its derivations, dimensions, and directions.
Download or read book Weak Constitutionalism written by Joel I. Colon-Rios and published by Routledge. This book was released on 2012 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: It has been argued that democracy is protected and realized under traditional liberal constitutional forms through constitutional rights such as free speech, freedom of association and the right to vote. This book looks at the relationship between democracy and constitutions.
Download or read book When International Law Works written by Tai-Heng Cheng and published by Oxford University Press. This book was released on 2012-01-02 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In When International Law Works, Professor Tai-Heng Cheng transcends current debates about whether international law is really law by focusing on the reasons for complying with or deviating from international laws and other informal norms, whether or not they are 'law.' Cheng presents a new framework to guide decision makers when they confront an international problem that implicates the oftencompeting policies and interests of their own communities and global order. Instead of advocating for or against international law, Cheng acknowledges both its benefits and shortcomings in order to present practical ways to decide whether compliance in a given circumstance is beneficial, moral, or necessary, and to adjust international law to meet the contemporary challenges of global governance. In this manner, Cheng shows how it is possible for decision makers to take international law and its limitations seriously. To test his theory, Cheng provides detailed case studies from recent events, ranging from the current global economic crisis to jihadist terrorism. This wideranging research demonstrates how his proposal for approaching international law would work in a real crisis, and sets this book apart from scholarship that focuses only on theory or isolated fields of international law. Through a critical combination of theory and practice, When International Law Works gives policymakers, judges, arbitrators, scholars, and students practical and thought-provoking guidance on how to face new global problems. In doing so, this new book challenges readers to rethink the role of law in an increasingly crisis-driven world.
Download or read book Elements of Legislation written by Neil Duxbury and published by Cambridge University Press. This book was released on 2013 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: Neil Duxbury combines analytical legal philosophy and legal history to explore the concept of legislation.
Download or read book Democracy and Constitutions written by Allan C. Hutchinson and published by University of Toronto Press. This book was released on 2021-06-01 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: As things stand, a commitment to weak democracy and strong constitutionalism ensures that a range of elite groups, actors, and institutions – political, economic, intellectual, and legal – hold considerable sway over constitutional matters, leaving less room for the participation of ordinary people. With the continued primacy of liberal constitutionalism, constitutional law has come to represent and facilitate the centrality of judicial power and authority. In Democracy and Constitutions, Allan C. Hutchinson warns against this deference to a legal elite on questions of constitutional meaning. For Hutchinson, an over-reliance on constitutional law, and a lack of attention to democratic politics, keeps people from influencing the moral and political character of society; it saps civic energies and relegates ordinary people to the sidelines. Engaging and provocative, Democracy and Constitutions charts a course away from the elitism of the present and toward a more democratic future, one that re-balances society’s commitment to both democracy and constitutions. Advocating for a strong democracy and weak constitutionalism, this book places ordinary people at the institutional heart of government and politics, arguing that such a re-calibration is better for democracy and for society.
Download or read book Handbook on Global Social Justice written by Gary Craig and published by Edward Elgar Publishing. This book was released on 2018-07-27 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the fifty years since Rawls seminal work A Theory of Justice, the concept has been debated with those on the political right and left advocating very different understandings. This unique global collection, written by a group of international experts, offers wide-ranging analyses of the meaning of social justice that challenge the ability of the market to provide social justice for all. The Handbook also looks at how the theory of social justice informs practice within a range of occupations or welfare divisions.
Download or read book Legal Positivism in a Global and Transnational Age written by Luca Siliquini-Cinelli and published by Springer Nature. This book was released on 2019-08-30 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: A theme of growing importance in both the law and philosophy and socio-legal literature is how regulatory dynamics can be identified (that is, conceptualised and operationalised) and normative expectations met in an age when transnational actors operate on a global plane and in increasingly fragmented and transformative contexts. A reconsideration of established theories and axiomatic findings on regulatory phenomena is an essential part of this discourse. There is indeed an urgent need for discontinuity regarding what we (think we) know about, among other things, law, legality, sovereignty and political legitimacy, power relations, institutional design and development, and pluralist dynamics of ordering under processes of globalisation and transnationalism. Making an important contribution to the scholarly debate on the subject, this volume features original and much-needed essays of theoretical and applied legal philosophy as well as socio-legal accounts that reflect on whether legal positivism has anything to offer to this intellectual enterprise. This is done by discussing whether global and transnational cultural, socio-political, economic, and juridical challenges as well as processes of diversification, fragmentation, and transformation (significantly, de-formalisation) reinforce or weaken legal positivists’ assumptions, claims, and methods. The themes covered include, but are not limited to, absolute and limited state sovereignty; the ‘new international legal positivism’; Hartian legal positivism and the ‘normative positivist’ account; the relationship between modern secularisation, social conventionalism, and meta-ontological issues of temporality in postnational jurisprudence; the social positivisation of human rights; the formation and content of jus cogens norms; feminist critique; the global and transnational migration of principles of justice and morality; the Vienna Convention on the Law of Treaties rule of interpretation; and the responsibility of transnational corporations.
Download or read book To the Uttermost Parts of the Earth written by Martti Koskenniemi and published by Cambridge University Press. This book was released on 2021-08-26 with total page 1127 pages. Available in PDF, EPUB and Kindle. Book excerpt: A critical history of European sovereignty and property rights as the foundation of the international order in 1300-1870.
Download or read book Human rights and democratic governance in Kenya A post 2007 appraisal written by John Osogo Ambani and published by PULP. This book was released on 2015-08-21 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication is a collection of essays on human rights and democratic governance in Kenya in the period after the 2007 post-elections violence. After surviving the trauma of electoral violence, the country soon embarked on a journey towards reconstruction by engaging in, among other things, intense re-evaluation of the then existing system of laws and institutions. In the process, the daunting task has been to reverse the flawed systems that have been in existence for many decades and in their place entrench systems that would promote and respect democratic governance and human rights. This publication, therefore, documents the extent of the country’s reconstruction since 2007, and makes recommendations for the way forward for the recovery of the state.
Download or read book Is Killing People Right written by Allan C. Hutchinson and published by Cambridge University Press. This book was released on 2016-04-19 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how the common law works through profiles of eight great cases.
