Download or read book Oxford Essays in Jurisprudence written by A.W.B. Simpson and published by . This book was released on 1973 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Oxford Essays in Jurisprudence written by John Eekelaar and published by Oxford University Press, USA. This book was released on 1987 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: This third book in the Oxford Essays in Jurisprudence series continues the established format and includes contributions from distinguished scholars in the field, each attempting to relate legal theory to specific areas of the law. Among the eminent contributors are Andrew Ashworth, Peter Cane, Hugh Collins, Anne de Moor, Jim Harris, Simon Lee, Bernard Rudden, and Christopher McCrudden.
Download or read book Oxford Essays in Jurisprudence written by Alfred William Brian Simpson and published by . This book was released on 1973 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Meta theory of Law written by Mathieu Carpentier and published by John Wiley & Sons. This book was released on 2022-10-04 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is devoted to the theory of legal theory, also referred to as the "meta-theory of law". The aim of this emerging discipline is to determine the objectives, aims and methods of legal theory, and to establish the conditions of possibility as well as the validity criteria for theoretical discourse on law. The contributions in this book provide an overview of these aspects through different perspectives and approaches. The very purpose of legal theory has been disputed and the subject area is currently subject to increasing cross-fertilization between different, and sometimes diverging, traditions. Meta-theory of Law assesses these emerging trends by questioning two basic objects of legal theory, the "nature" and the "science" of law.
Download or read book The Negotiable Constitution written by Grégoire C. N. Webber and published by Cambridge University Press. This book was released on 2009-11-26 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: In matters of rights, constitutions tend to avoid settling controversies. With few exceptions, rights are formulated in open-ended language, seeking consensus on an abstraction without purporting to resolve the many moral-political questions implicated by rights. The resulting view has been that rights extend everywhere but are everywhere infringed by legislation seeking to resolve the very moral-political questions the constitution seeks to avoid. The Negotiable Constitution challenges this view. Arguing that underspecified rights call for greater specification, Grégoire C. N. Webber draws on limitation clauses common to most bills of rights to develop a new understanding of the relationship between rights and legislation. The legislature is situated as a key constitutional actor tasked with completing the specification of constitutional rights. In turn, because the constitutional project is incomplete with regards to rights, it is open to being re-negotiated by legislation struggling with the very moral-political questions left underdetermined at the constitutional level.
Download or read book An Introduction to Rights written by William A. Edmundson and published by Cambridge University Press. This book was released on 2012-01-23 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: A thoroughly updated second edition that is an accessible introduction to the history, logic, moral implications and political tendencies of the idea of rights.
Download or read book A V Dicey and the Common Law Constitutional Tradition written by Mark D. Walters and published by Cambridge University Press. This book was released on 2020-11-12 with total page 479 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers a distinctive account of the rule of law and legislative sovereignty within the work of Albert Venn Dicey.
Download or read book Collective Rights written by Miodrag A. Jovanović and published by Cambridge University Press. This book was released on 2012-01-12 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: A legal-theoretical account of collective rights, grounded in the normative-moral view of 'value collectivism'.
Download or read book Rights written by Peter Jones and published by Bloomsbury Publishing. This book was released on 1994-10-28 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive introduction to contemporary thought about rights. It examines what it is to have a right and what is distinctive about political moralities that give a fundamental place to rights. The varied grounds and implications of claiming rights to liberties, socio-economic rights and democratic rights are considered and the book concludes with an examination of the theoretical objections and the practical difficulties that proponents of rights have to confront.
Download or read book Deutsche Rechts und Sozialphilosophie um 1900 written by Werner Maihofer and published by Franz Steiner Verlag. This book was released on 1990 with total page 548 pages. Available in PDF, EPUB and Kindle. Book excerpt: Content: I. Theories of State: R. Martin: Democracy and Rights: Two Perspectives - G. den Hartogh: The Limits of Liberal Neutrality - M. Blegvad: Types of Liberal Theories of Justice and Democracy - P. Gerard: Ethique et politique dans la legitimation du droit - A. Perenic: La primaute de l'individu ou la primaute du systeme politique - E. Wolgast: The State as Servant - V. Haksar: Social Contract, Integrity and the Right to Equal Liberties - II. Theories of Law: J. Cottingham: The Philosophical Status of Natural Rights - T. A. Fay: Rights and Natural Law - S. Morimura: Social Morality and Right-Based Moralities - M. D. Bayles: Against Right-Based Moral Theories - C. Johnson: On Some Alleged Difficulties for Utilitarian Justifications of Rights - H. v. Erp: Democracy: Pragmatic Conceptions and Ethical Justification - A. M. Cameron: MacCormick's Liberal Theory of Rights - F. A. Cappelletti: De la libre pensee au droit a la libre communication des pensees et des opinions - H. Collins: Liberty and Equality in the Workplace - B. B. Levenbook: Are There Any Positive Rights? - H. T. Klami: All Things Not Considered - R. Alexy: Problems of Discursive Rationality in Law - A. Aarnio: Taking Rules Seriously - J.-P. Rentto: Obligation to Obey? - A. MacLeod: Rights, Constraints and Consequences - I. Williams: Legal Rights and Privacy in the Information Society
Download or read book Rule of Law Justice and Interpretation written by Luc B. Tremblay and published by McGill-Queen's Press - MQUP. This book was released on 1997-10-24 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tremblay's theory of the rule of law involves a set of practical principles that constitute the ideal type of a conception of law that is both constitutive and regulative of legal discourse and practice. Tremblay examines two competing ideal types, the "rule of law as certainty" and the "rule of law as justice." The former, a standard doctrine within contemporary legal, social, and political theory, is shown to be incoherent. Thus the "rule of law as justice," he shows, provides the best basis for understanding legal discourse in general and Canadian constitutional law in particular. Tremblay offers a coherent reconstruction of Canadian law from fundamental principles of the rule of law as justice and tests the theory through applications to key judicial decisions that have proven resistant to positivist interpretation. The Rule of Law, Justice, and Interpretation is both a stimulating work of contemporary legal theory and an innovative challenge to the traditions of Canadian constitutional law. Tremblay examines fundamental issues of legal epistemology and ontology and brings rigorous analytical jurisprudence to bear on interpretations and applications specific to Canadian constitutional law. Given the important implications of his theory for statutory and constitutional interpretation, especially with respect to the Canadian Charter of Rights and Freedoms and the potential crisis involving provincial rights of secession and partition, this book will be central to the practice of law in Canada.
Download or read book The Continuity of Legal Systems in Theory and Practice written by Benjamin Spagnolo and published by Bloomsbury Publishing. This book was released on 2015-10-22 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Continuity of Legal Systems in Theory and Practice examines a persistent and fascinating question about the continuity of legal systems: when is a legal system existing at one time the same legal system that exists at another time? The book's distinctive approach to this question is to combine abstract critical analysis of two of the most developed theories of legal systems, those of Hans Kelsen and Joseph Raz, with an evaluation of their capacity, in practice, to explain the facts, attitudes and normative standards for which they purport to account. That evaluation is undertaken by reference to Australian constitutional law and history, whose diverse and complex phenomena make it particularly apt for evaluating the theories' explanatory power. In testing whether the depiction of Australian law presented by each theory achieves an adequate 'fit' with historical facts, the book also contributes to the understanding of Australian law and legal systems between 1788 and 2001. By collating the relevant Australian materials systematically for the first time, it presents the case for reconceptualising the role of Imperial laws and institutions during the late nineteenth and early twentieth centuries, and clarifies the interrelationship between Colonial, State, Commonwealth and Imperial legal systems, both before and after Federation.
Download or read book Law as a Leap of Faith written by John Gardner and published by Oxford University Press, USA. This book was released on 2012-09-06 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a series of essays John Gardner has developed distinctive and engaging answers to the central questions of legal philosophy, cutting through the technicalities of the subject to clarify and reinvigorate the main arguments about the nature of law. This volume collects that work to provide a major contribution to the literature on jurisprudence.
Download or read book Natural Law and Natural Rights written by John Finnis and published by Oxford University Press. This book was released on 2011-04-07 with total page 511 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book uses contemporary analytical tools to provide basic accounts of values and principles, community and 'common good', justice and human rights, authority, law, the varieties of obligation, unjust law, and even the question of divine authority.
Download or read book Philosophy of Law written by John Finnis and published by OUP Oxford. This book was released on 2011-04-07 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: John Finnis has been a central figure in the fundamental re-shaping of legal philosophy over the past half-century. This volume of his Collected Essays shows the full range and power of his contributions to the philosophy of law. The volume collects nearly thirty papers: on the foundations of law's authority; major theories and theorists of law; legal reasoning; revolutions, rights and law; and the logic of law-making. The essays collected include Finnis' recent appreciations and root-and-branch critiques of Hart's legal and political theories, his engagements with other central figures and works in the field, including Dworkin's Law's Empire; Raz on authority and coordination; Coleman, Leiter and Gardner on legal positivism and naturalism; Aquinas as founder of legal positivism; Weber on the fact-value distinction and legitimation; Unger on indeterminacy in law; Posner on intention and economics; Kelsen and courts on revolutions; game-theory and rational-choice theory; with misinterpreters of Hohfeld on rights logic; John Paul II on voting for unjust laws; analogy's role in legal reasoning; the distribution of constitutional authority in the Empire and its dissolution; the judicial opportunism of separation of powers doctrine in the Australian constitution; the architecture of Blackstone's Commentaries; restitution in civil wrongs; and many other aspects of law and legal theory. Several papers bring to bear his extensive work as a constitutional adviser and lawyer on persistent problems of constitutional theory. Previously unpublished papers include two on critical or post-modern legal theory, and an introduction reflecting on legal philosophy's development and future.
Download or read book Democratizing Constitutional Law written by Thomas Bustamante and published by Springer. This book was released on 2016-04-19 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume critically discusses the relationship between democracy and constitutionalism. It does so with a view to respond to objections raised by legal and political philosophers who are sceptical of judicial review based on the assumption that judicial review is an undemocratic institution. The book builds on earlier literature on the moral justification of the authority of constitutional courts, and on the current attempts to develop a system on “weak judicial review”. Although different in their approach, the chapters all focus on devising institutions, procedures and, in a more abstract way, normative conceptions to democratize constitutional law. These democratizing strategies may vary from a radical objection to the institution of judicial review, to a more modest proposal to justify the authority of constitutional courts in their “deliberative performance” or to create constitutional juries that may be more aware of a community’s constitutional morality than constitutional courts are. The book connects abstract theoretical discussions about the moral justification of constitutionalism with concrete problems, such as the relation between constitutional adjudication and deliberative democracy, the legitimacy of judicial review in international institutions, the need to create new institutions to democratize constitutionalism, the connections between philosophical conceptions and constitutional practices, the judicial review of constitutional amendments, and the criticism on strong judicial review.
Download or read book Global Capitalism Culture and Ethics written by Richard A. Spinello and published by Routledge. This book was released on 2014-04-24 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: Selected as an Outstanding Academic Title by Choice Magazine in 2014! This book aims to deepen the student’s understanding of the complex ethical challenges that businesses face in an increasingly globalized world. As the world moves towards greater interdependence, it has been demonstrated that globalization is linked to economic growth. This raises a critical question: as a key player in fostering economic growth, how does the multinational corporation function as a moral agent? Global Capitalism, Culture, and Ethics offers a sophisticated analysis of theoretical ethical issues such as universalism versus pluralism; the connection between law and morality; the validity of a corporate social agenda; and the general parameters of moral responsibilities for multinational corporations. With these foundational issues addressed, the book proceeds to analyze a number of specific controversies such as the proper scope of political activism, disinvestment, environmental sustainability, and responsible sourcing from low wage countries. The analysis of globalization is not confined to a treatment of the moral obligations of multinational corporations, but also reviews the history of global capitalism, the interdependence between governments and multinational corporations, and the beneficial and harmful effects of globalization on social welfare. Weaving together themes from economics, history, philosophy, and law, this book allows the reader to appreciate globalization from multiple perspectives. Its theoretical cogency and uncompromising clarity make it a rewarding read for students interested in issues of ethics and globalization.
