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Author : John Hostettler
Publisher : Waterside Press
Page : 195 pages
File Size : 49,7 Mb
Release : 2011
Category : Law
ISBN : 9781904380689
An account of the lawyers who helped - over centuries - to develop and protect civil liberties, human rights and the Rule of Law. Also discusses breaches of the Rule of Law in modern cases and in response to terrorism.
Author : John Hostettler
Publisher : Waterside Press
Page : 195 pages
File Size : 40,6 Mb
Release : 2011-06-22
Category : Law
ISBN : 9781908162021
An account of the lawyers who helped over centuries to develop and protect civil liberties, human rights and the Rule of Law. Also discusses breaches of the Rule of Law in modern cases and in response to terrorism. Champions of the Rule of Law looks at an overarching principle of English law. It describes how a powerful and fundamental rule came about and how it has been preserved in the face of attempts to circumvent it. Standing at the heart of all matters of justice and now exported to many parts of the world the Rule of Law holds, in short, that the law applies in equal measure to everyone. No matter how high, mighty or privileged someone may be, or whatever claim or allegation is being made, all those coming before it should always be treated in just the same way as anyone else will be. Events in both modern times and across legal history readily demonstrate the sometimes precarious nature of the rule and the need for champions who are prepared to uphold and defend itand whilst the need for such a rule may seem obvious on any balanced view of how justice should be dispensed, the central importance of the rule is by no means intuitive to some people. This means that there is always a need to re-iterate the purpose of the rule, the arguments behind it and to understand the mechanisms which safeguard and protect it. Whenever the Rule of Law does fall under threat, whether due to arrogance, claims to special treatment, misguided understandings, dubious explanations or lack of due process, there is a need for people of the calibre of those described in this book to step forward. Quite apart from the books interest for lawyers, historians and students it will appeal to anyone seeking reassurance that justice is truly blind, fair, even-handed and accessible to all. With a Foreword by Lord Steyn.
Author : Norman Gross
Publisher : Ohio University Press
Page : 161 pages
File Size : 51,7 Mb
Release : 2007
Category : Judges
ISBN : 9780821417317
Throughout the history of the United States, the acts of a few have proved to be turning points in the way our legal system has treated the least of us. The nine individuals whose deeds are recounted have compelling stories, and though they remain unknown to the general public, their commitment to the rule of law has had a lasting impact on our nation.Noble Purposes brings their stories to life. It describes the contributions of such individuals as James Alexander, the guiding and central force in the colonial-era trial of John Peter Zenger, which sowed the seeds for the American Revolution and the constitutional guarantee of a free press.In the 1870s, Hugh Lennox Bond stared down threats as judge in the trials of the South Carolina Ku Klux Klan, while Clara Shortridge Foltz overcametremendous resistance during her fifty-year law practice, which included advocacy of public defender offices.Early last century, Louis Marshall paved the way for the rights of minorities in America and abroad, while Francis Biddle, FDR’s attorney general, soughtto maintain civil liberties during World War II, arguing against the internment of Japanese Americans and later serving as the American judge in the Nuremberg trials.Edited by legal scholar Norman Gross and written by leading legal historians from around the country, the profiles presented in Noble Purposes tell the stories of these and other individuals who stood firmly in support of the rule of law, often against great odds.
Author : Andrew Boon
Publisher : Bloomsbury Publishing
Page : 575 pages
File Size : 46,6 Mb
Release : 2022-10-20
Category : Law
ISBN : 9781509925230
This book examines lawyers' contributions to creating and maintaining the rule of law, one of the pillars of a liberal democracy. It moves from the European Enlightenment to the modern day, exploring the role of judges, government lawyers, and private practitioners in creating, defining, and being defined by, the demands of modern society. The book is divided into 4 parts representing the big themes. The first part considers lawyers' contribution to the growth of constitutionalism, the second, the formulation of roles and identities, and the third the formation of values. The fourth part focuses on the challenges faced by lawyers and the rule of law in the past 50 years, the neoliberal period, and how they challenge both conceptions of lawyers and the rule of law. Each part is illustrated by defining events, from the execution of Charles I, through the Nuremberg Trials, to the insurrection by supporters of Donald Trump in January 2021. Although the focus is on England and Wales, parallel developments in other jurisdictions, Australia, Canada, New Zealand, and the USA, are considered. This allows analysis of lawyers' historical and contemporary engagement with the rule of law in jurisdictional systems based on the Common Law. Each chapter is thematic, but the passage through the book is broadly chronological.
Author : Jothie Rajah
Publisher : Cambridge University Press
Page : 367 pages
File Size : 46,8 Mb
Release : 2012-04-16
Category : Law
ISBN : 9781107012417
Through a focus on Singapore, this book presents an analysis of authoritarian legalism, showing how prosperity, public discourse, and a rigorous observance of legal procedure enable a reconfigured rule of law - liberal form but illiberal content. It shows how institutions and process become tools to constrain dissenting citizens while protecting those in political power.
Author : John Hostettler
Publisher : Waterside Press
Page : 272 pages
File Size : 50,6 Mb
Release : 2012-03-26
Category : Law
ISBN : 9781908162076
Shows the historical importance of challenges to the state and powerful groups. Demonstrates how rights we take for granted have been acquired and set into law over time thanks to the actions of committed men and women.A key historical text. A certain level of dissent, protest and open debate is a central part of UK history and democratic processes. Taking key events from both the past and modern times John Hostettler demonstrates how when legitimate avenues of challenge to the actions of the state or other powerful groups become closed to people then they are bound to assert their grievances in other sometimes less acceptable ways. His book also shows how a proud tradition of opposition in the face of abuse of power, repression, oppression or simply inertia of the part of the authorities has led to many positive changes. Sometimes these quite legitimate outcomes might not have been achieved but for the actions of the few, those who were prepared to stand out against such things as injustice, inequality, corruption, abuse and state-sponsored oppression. John Hostettler also demonstrates how at different times in British history the state has reacted in different ways to trouble causers, including in some instances by the use of extreme forms of violence, censorship, law and punishments. From questionable incidents of the past to the sometimes dubious workings of modern-day governance, John Hostettler provides a first-rate assessment of such key matters as proportionality, citizens rights, tolerance/intolerance, democratic processes and the protections forged over the years. He also shows how the law itself has developed even if this has sometimes quelled the opportunities to oppose vested interests or wealth and power. Waterside Press congratulates John Hostettler on his 21t book written to the same fine standard as all his other works. A must for legal and social historians.
Author : Beverley McLachlin
Publisher : Simon and Schuster
Page : 385 pages
File Size : 44,5 Mb
Release : 2019-09-24
Category : Biography & Autobiography
ISBN : 9781982104986
INSTANT NATIONAL BESTSELLER WINNER OF THE WRITERS’ TRUST SHAUGHNESSY COHEN PRIZE WINNER OF THE OTTAWA BOOK AWARD FOR NONFICTION Former Chief Justice of the Supreme Court of Canada Beverley McLachlin offers an intimate and revealing look at her life, from her childhood in the Alberta foothills to her career on the Supreme Court, where she helped to shape the social and moral fabric of the country. As a young girl, Beverley McLachlin’s world was often full of wonder—at the expansive prairie vistas around her, at the stories she discovered in the books at her local library, and at the diverse people who passed through her parents’ door. While her family was poor, their lives were rich in the ways that mattered most. Even at a young age, she had an innate sense of justice, which was reinforced by the lessons her parents taught her: Everyone deserves dignity. All people are equal. Those who work hard reap the rewards. Willful, spirited, and unusually intelligent, she discovered in Pincher Creek an extraordinary tapestry of people and perspectives that informed her worldview going forward. Still, life in the rural Prairies was lonely, and gaining access to education—especially for girls—wasn’t always easy. As a young woman, McLachlin moved to Edmonton to pursue a degree in philosophy. There, she discovered her passion lay not in academia, but in the real world, solving problems directly related to the lives of the people around her. And in the law, she found the tools to do exactly that. She soon realized, though, that the world was not always willing to accept her. In her early years as an articling student and lawyer, she encountered sexism, exclusion, and old boys’ clubs at every turn. And outside the courtroom, personal loss and tragedies struck close to home. Nonetheless, McLachlin was determined to prove her worth, and her love of the law and the pursuit of justice pulled her through the darkest moments. McLachlin’s meteoric rise through the courts soon found her serving on the highest court in the country, becoming the first woman to be named Chief Justice of the Supreme Court of Canada. She rapidly distinguished herself as a judge of renown, one who was never afraid to take on morally complex or charged debates. Over the next eighteen years, McLachlin presided over the most prominent cases in the country—involving Charter challenges, same-sex marriage, and euthanasia. One judgment at a time, she laid down a legal legacy that proved that fairness and justice were not luxuries of the powerful but rather obligations owed to each and every one of us. With warmth, honesty, and deep wisdom, McLachlin invites us into her legal and personal life—into the hopes and doubts, the triumphs and losses on and off the bench. Through it all, her constant faith in justice remained her true north. In an age of division and uncertainty, McLachlin’s memoir is a reminder that justice and the rule of law remain our best hope for a progressive and bright future.
Author : Norberto Bobbio
Publisher : U of Minnesota Press
Page : 194 pages
File Size : 44,7 Mb
Release : 1987
Category : Political Science
ISBN : 0816615845
Norberto Bobbio is the foremost political theorist in Italy today. Written with verve and passion as well as erudition, this important work will make a major contribution to current debates in social and political theory. It will be of great interest to students of sociology, politics and philosophy, as well as to anyone concerned with the nature and future of democracy.
Author : J. Flowerdew
Publisher : Springer
Page : 341 pages
File Size : 54,6 Mb
Release : 2011-12-01
Category : Language Arts & Disciplines
ISBN : 9780230336841
The book shows how the study of the evolving discourse employed during a political process spanning more than a decade can provide insights for critical discourse analysis, on the one hand, and understanding of a real world political process on the other, thereby demonstrating the potential role for critical discourse analysis in historiography.
Author : Jennifer A. Widner
Publisher : W. W. Norton
Page : 454 pages
File Size : 44,6 Mb
Release : 2001-01-01
Category : Biography & Autobiography
ISBN : 0393050378
Celebrates the life and work of Francis L. Nyalali who served as Chief Justice of Tanzania from 1976 and 1999 and is responsible for erecting an independent judicial system.
Author : Alfredo Narváez Medécigo
Publisher : Springer
Page : 262 pages
File Size : 41,8 Mb
Release : 2015-11-07
Category : Law
ISBN : 9783319245621
This book, which originated from the broadly held view that there is a lack of Rule-of-law in Mexico, and from the emphasis of traditional academia on cultural elements as the main explanation, explores the question of whether there is any relationship between the system of constitutional review ― and thus the ‘law’ as such ― and the level of Rule-of-law in a given state. To do so, it elaborates a theoretical model for achieving Rule-of-law and compares it to the constitutional review systems of the United States, the Federal Republic of Germany, and Mexico. The study concludes that the two former states correspond to the model, while the latter does not. This is fundamentally due to the role each legal system assigns to ordinary jurisdiction in carrying out constitutional review. Whereas the US and Germany have fostered the policy that constitutional review regarding the enforcement of basic rights is the responsibility of ordinary courts, Mexico has relied too heavily on the specialized constitutional jurisdiction.
Author : David Sandomierski
Publisher : University of Toronto Press
Page : 403 pages
File Size : 54,5 Mb
Release : 2020-02-24
Category : Law
ISBN : 9781487533007
Contrary to conventional narratives about legal education, Aspiration and Reality in Legal Education reveals a widespread desire among law teachers to integrate both theory and practice into the education of versatile and civic-minded lawyers. Despite this stated desire, however, this aspiration is largely unrealized due to a host of intellectual and institutional factors that produce a profound gap between what professors believe about law and the ideas they communicate through their teaching. Drawing on interviews with over sixty law professors in Canada, David Sandomierski makes two important empirical discoveries in this book. First, he establishes that, contrary to a dominant narrative in legal education that conceives of theory and practice as oppositional, the vast majority of law professors consider theory to be vitally important in preparing "better lawyers." Second, he uncovers a significant gap between the realist theoretical commitments held by a majority of professors and the formalist theories they almost uniformly convey through their teaching and conceptions of legal reasoning. Understanding the intellectual and institutional factors that account for these tensions, Sandomierski argues, is essential for any meaningful project of legal education reform.
Author : John Hostettler
Publisher : Waterside Press
Page : 224 pages
File Size : 40,9 Mb
Release : 2016-07-12
Category : Social Science
ISBN : 9781909976337
This re-issue with a new Preface of a classic work by John Hostettler looks at the political and other social dynamics behind law, order and punishment. A timeless work by one of the UK’s leading commentators and now with pointers to key developments in penal politics of the last 20 years. This first paperback version contains a wide-ranging analysis of the topic from Anglo-Saxon times to the present day, including: the impact on punishments of power struggles, wealth, superstition, class distinctions, populist ideas, the centrality for many years of the death penalty, modern-day ideas of rehabilitation but above all the underlying threads of social control, law and order and political signals about crime. A classic work and a collector’s item which looks at the genesis and purposes of punishment. Shows how punishment, power differences, social control and (sometimes suspect) economics and politics have always been intertwined. A must for practitioners and students in this field. ‘This splendid book…reveals in all its starkness the close connexion between the inhumanities of punishment and the political interests of the State’—Justice of the Peace. ‘Starts with a delightful description of Anglo-Saxon criminal law and punishment, and travels fast forwards…A colourful entertainment’—Criminal Behaviour and Mental Health. ‘Well researched, knowledgeable…a good read’—Litigation. ‘First class reading’—Police Journal. ‘Takes us on a breathless tour d’horizon of the history of judicial punishment, a thousand years in a hundred pages, before slowing down to examine more closely the reforms of the nineteenth and twentieth centuries’—The Magistrate
Author : United States. Congress
Publisher : Unknown
Page : 608 pages
File Size : 53,9 Mb
Release : 1967
Category : Law
ISBN : UCR:31210025940410
Author : Richard Bellamy
Publisher : Routledge
Page : 596 pages
File Size : 41,7 Mb
Release : 2017-07-05
Category : History
ISBN : 9781351540704
The rule of law is frequently invoked in political debate, yet rarely defined with any precision. Some employ it as a synonym for democracy, others for the subordination of the legislature to a written constitution and its judicial guardians. It has been seen as obedience to the duly-recognised government, a form of governing through formal and general rule-like laws and the rule of principle. Given this diversity of view, it is perhaps unsurprising that certain scholars have regarded the concept as no more than a self-congratulatory rhetorical device. This collection of eighteen key essays from jurists, political theorists and public law political scientists, aims to explore the role law plays in the political system. The introduction evaluates their arguments. The first eleven essays identify the standard features associated with the rule of law. These are held to derive less from any characteristics of law per se than from a style of legislating and judging that gives equal consideration to all citizens. The next seven essays then explore how different ways of separating and dispersing power contribute to this democratic style of rule by forcing politicians and judges alike to treat people as equals and regard none as above the law.