Discretion To Disobey

Author : Mortimer R. Kadish,Sanford H. Kadish
Publisher : Quid Pro Books
Page : 252 pages
File Size : 49,8 Mb
Release : 2012-01-06
Category : Law
ISBN : 9781610279567

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Discretion to Disobey by Mortimer R. Kadish,Sanford H. Kadish Pdf

Beyond civil disobedience and the citizen's power to protest and defy law, this book looks at rule departures actually sanctioned by law.This acclaimed study by philosophy professor Mortimer Kadish and law professor Sanford Kadish is a truly interdisciplinary inquiry into the idea of departing from the strict letter of the law in a way that, they argue, actually comports with both law and morality.An instant classic and source of debate when first published by Stanford University Press in 1973, this book still resonates on questions of rule violations for the greater good, jury nullification, police and prosecutor discretion not to arrest or charge, civil disobedience, and the very concept of rules. Both citizens and government actors, they write, hold the power and the right to deviate from law in certain contexts and yet not act illegally in a sense -- because law itself contains strands of adaptations to its own departures that the authors weave into a sustained jurisprudential point.As one reviewer soon wrote, "the paradoxical idea that a citizen or official may lawfully break the law" will surely "raise the hackles" of any legal positivist. Yet it remains a challenging idea well worth considering. This book, despite its reputation in the fields of law and philosophy, is actually accessible to fields and scholars beyond, and to citizens who are finding their rightful place among the powers of governmental institutions.Part of the Classics of Law & Society Series from Quid Pro, includes 2010 Notes by the series editor and is available in new high-quality digital formats as well.

Author : Mortimer Raymond Kadish,Sanford H. Kadish
Publisher : Unknown
Page : 241 pages
File Size : 43,6 Mb
Release : 1973
Category : Government, Resistance to
ISBN : 0804708320

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Discretion to Disobey by Mortimer Raymond Kadish,Sanford H. Kadish Pdf

Author : Mortimer Raymond Kadish,Sanford H. Kadish
Publisher : Stanford University Press
Page : 264 pages
File Size : 44,8 Mb
Release : 1973
Category : Law
ISBN : 0804708320

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Discretion to Disobey by Mortimer Raymond Kadish,Sanford H. Kadish Pdf

Author : John Kleinig
Publisher : Rowman & Littlefield
Page : 246 pages
File Size : 42,8 Mb
Release : 1996
Category : Business & Economics
ISBN : 0847681777

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Handled with Discretion by John Kleinig Pdf

This collection of essays examines the nature of police discretion and its many varieties. The essays explore the kinds of judgment calls police officers frequently must make : When should they get involved? Whom should they watch? What constitutes a disturbance of the peace? What resources should be devoted to a situation? Does social welfare take precedence over law enforcement? Under what conditions, if any, may police officers engage in selective enforcement of the law? Each essay or pair of essays is followed by a response, presenting contradictory or supplementary views.

Author : Luís Duarte d'Almeida,John Gardner,Leslie Green
Publisher : Bloomsbury Publishing
Page : 426 pages
File Size : 47,8 Mb
Release : 2014-07-18
Category : Law
ISBN : 9781782252474

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Kelsen Revisited by Luís Duarte d'Almeida,John Gardner,Leslie Green Pdf

Forty years after his death, Hans Kelsen (1881-1973) remains one of the most discussed and influential legal philosophers of our time. This collection of new essays takes Kelsen's Pure Theory of Law as a stimulus, aiming to move forward the debate on several central issues in contemporary jurisprudence. The essays in Part I address legal validity, the normativity of law, and Kelsen's famous but puzzling idea of a legal system's 'basic norm'. Part II engages with the difficult issues raised by the social realities of law and the actual practices of legal officials. Part III focuses on conceptual features of legal systems and the logical structure of legal norms. All the essays were written for this volume by internationally renowned scholars from seven countries. Also included, in English translation, is an important polemical essay by Kelsen himself.

Author : Richard Kraut
Publisher : Princeton University Press
Page : 355 pages
File Size : 43,6 Mb
Release : 2022-03-08
Category : Philosophy
ISBN : 9780691242927

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Socrates and the State by Richard Kraut Pdf

This fresh outlook on Socrates' political philosophy in Plato's early dialogues argues that it is both more subtle and less authoritarian than has been supposed. Focusing on the Crito, Richard Kraut shows that Plato explains Socrates' refusal to escape from jail and his acceptance of the death penalty as arising not from a philosophy that requires blind obedience to every legal command but from a highly balanced compromise between the state and the citizen. In addition, Professor Kraut contends that our contemporary notions of civil disobedience and generalization arguments are not present in this dialogue.

Author : Bob McGannon
Publisher : Routledge
Page : 142 pages
File Size : 45,8 Mb
Release : 2018-03-09
Category : Business & Economics
ISBN : 9781351713290

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Intelligent Disobedience by Bob McGannon Pdf

Obeying all of the rules rarely generates breakthrough business performance because it does not generate new approaches. Breaking the rules randomly does not work either. Intelligent disobedience values improved business performance over compliance with the rules, when conditions permit. This is the essence of intelligent disobedience: knowing when and how to break, bend, or invent new rules to get better outcomes. This book promotes enhanced performance by promoting a higher form of ethics. Intelligent disobedience seeks to surface hidden truth and to produce actions that are of higher integrity to yield superior results. The book guides the reader to evaluate their work environment, current business results, and risk, to determine if, when, and how acting with intelligent disobedience can enhance their business outcomes and their career. Intelligent Disobedience: The Difference between Good and Great Leaders seeks to: enhance the reader’s business success; help the reader examine methods for proposing potentially unpopular directions or opinions; propose a decision-making process for when the reader should "bend or break the rules" – leveraging common sense over common processes on an exception basis; guide the reader to determine instances in which improved outcomes are better than ensuring compliance with corporate norms or management directions. This rich and sophisticated book interweaves real-life experiences from successful leaders with the themes of human psychology, ethics, decision making, delegation, communicating upwards and downwards ... Everything the senior manager needs to survive and thrive in a complex, uncertain, ambiguous, and fast-changing world.

Author : Sonali Chakravarti
Publisher : University of Chicago Press
Page : 159 pages
File Size : 49,7 Mb
Release : 2020-01-24
Category : Law
ISBN : 9780226654324

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Radical Enfranchisement in the Jury Room and Public Life by Sonali Chakravarti Pdf

Juries have been at the center of some of the most emotionally charged moments of political life. At the same time, their capacity for legitimate decision making has been under scrutiny, because of events like the acquittal of George Zimmerman by a Florida jury for the shooting of Trayvon Martin and the decisions of several grand juries not to indict police officers for the killing of unarmed black men. Meanwhile, the overall use of juries has also declined in recent years, with most cases settled or resolved by plea bargain. With Radical Enfranchisement in the Jury Room and Public Life, Sonali Chakravarti offers a full-throated defense of juries as a democratic institution. She argues that juries provide an important site for democratic action by citizens and that their use should be revived. The jury, Chakravarti argues, could be a forward-looking institution that nurtures the best democratic instincts of citizens, but this requires a change in civic education regarding the skills that should be cultivated in jurors before and through the process of a trial. Being a juror, perhaps counterintuitively, can guide citizens in how to be thoughtful rule-breakers by changing their relationship to their own perceptions and biases and by making options for collective action salient, but they must be better prepared and instructed along the way.

Author : Andrew Boon
Publisher : Bloomsbury Publishing
Page : 464 pages
File Size : 47,7 Mb
Release : 2015-08-27
Category : Law
ISBN : 9781509901807

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Lawyers’ Ethics and Professional Responsibility by Andrew Boon Pdf

This book aims to produce lawyers who can debate, criticise and change professional ethics as well as understand their underlying rationale. Written by the author of the leading work on the subject, The Ethics and Conduct of Lawyers in England and Wales, this book is aimed at the undergraduate or postgraduate student taking a half or full course in the subject. The book is divided into four parts dealing with the professional and regulatory framework for delivering legal services, the obligations owed to clients, wider duties and responsibilities and practice settings. It sets out the important background to the modern practice of law, and explains the theoretical underpinning of professional ethics and its everyday application through conduct rules and principles. Extracts from legislation, cases and conduct rules are provided, and comparative issues are considered where relevant. The book is also interactive, raising issues and posing questions that will encourage students to engage with the material as they read, which will also be helpful for classroom discussion.

Author : Michael Singer
Publisher : Bloomsbury Publishing USA
Page : 256 pages
File Size : 49,6 Mb
Release : 2012-07-06
Category : Political Science
ISBN : 9781440802706

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Jury Duty by Michael Singer Pdf

Written by a legal scholar for the general reader, this book demystifies the institution of the jury and validates its political power, providing valuable insights for the more than 30 million Americans who receive a jury summons each year. Jury Duty: Reclaiming Your Political Power and Taking Responsibility presents an accessible account of the origins and development of the jury system as well as a comprehensive, stage-by-stage description of a jury trial and of the sentencing procedure in a criminal trial. The work also provides a unique estimate of the cost of the jury system, which is particularly relevant in this continuing era of budget constraints. Rejecting the justifications usually given for the jury system, the work explains how the political roles of the jury constitute the chief value of the jury system. The basis of these political roles is the unquestionable power of the jury to acquit even a guilty criminal defendant, which allows juries to prevent the enforcement of unjust laws and the imposition of unjust punishments. Accordingly, the book challenges a range of practices that the judiciary has developed to obstruct the jury's exercise of this power. Most people—even including many lawyers—remain unaware of these practices, but they undermine the value of the jury system to our society. Finally, the book offers an original, thought-provoking analysis of the responsibilities imposed on criminal trial jurors in cases of compelling injustice.

Author : Ellen Nohle
Publisher : Edward Elgar Publishing
Page : 277 pages
File Size : 53,6 Mb
Release : 2024-04-12
Category : Law
ISBN : 9781035332342

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When Military Obedience and Restrictions on War Powers Collide by Ellen Nohle Pdf

This provocative book explores the precarious conflict between the legal restrictions on governments’ power to take military action and the legal liability of soldiers to execute military orders. Adopting a multidisciplinary approach, this insightful book challenges the current distribution of trust between military decision-makers and agents.

Author : Kent Greenawalt
Publisher : Oxford University Press, USA
Page : 396 pages
File Size : 52,9 Mb
Release : 1989
Category : Law
ISBN : 9780195058246

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Conflicts of Law and Morality by Kent Greenawalt Pdf

Powerful emotion and pursuit of self-interest have many times led people to break the law with the belief that they are doing so with sound moral reasons. This study is a comprehensive philosophical and legal analysis of the gray area in which the foundations of law and morality clash. In examining the extent of the obligations owed by citizens to their government, Greenawalt concentrates on the possible existence of a single source of obligation that reaches all citizens and all laws.

Author : John Kleinig,James P. Levine,Jeffrey B. Abramson,B. Michael Dann,Shari Seidman Diamond,Norman J. Finkel,Paula Hannaford-Agor,Valerie P. Hans,Julie E. Howe,Nancy J. King
Publisher : Routledge
Page : 304 pages
File Size : 48,8 Mb
Release : 2015-12-03
Category : Social Science
ISBN : 9781317257134

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Jury Ethics by John Kleinig,James P. Levine,Jeffrey B. Abramson,B. Michael Dann,Shari Seidman Diamond,Norman J. Finkel,Paula Hannaford-Agor,Valerie P. Hans,Julie E. Howe,Nancy J. King Pdf

Trial by jury is one of the most important aspects of the U.S. legal system. A reflective look at how juries actually function brings out a number of ethical questions surrounding juror conduct and jury dynamics: Do citizens have a duty to serve as jurors? Might they seek exemptions? Is it acceptable for jurors to engage in after-hours research? Might a juror legitimately seek to "nullify" the outcome to express disapproval of the law? Under what conditions might jurors make a valid choice to hold out against or capitulate to their fellow jurors? Is it acceptable to form alliances? After trial, are there problems with entering into publishing contracts? Unfortunately, questions such as these have received scant attention from scholars. This book revives attention to these and other issues of jury ethics by collecting new and insightful essays along with responses from leading scholars in the field of jury studies. Is it acceptable for jurors to engage in after-hours research? Might a juror legitimately seek to "nullify" the outcome to express disapproval of the law? After trial, are there problems with entering into publishing contracts? Unfortunately, questions such as these have received scant attention from scholars. This book revives attention to these and other issues of jury ethics by collecting new and insightful essays along with responses from leading scholars in the field of jury studies. Contributors: Jeffrey Abramson, B. Michael Dann, Shari Seidman Diamond, Norman J. Finkel, Paula Hannaford-Agor, Valerie P. Hans, Julie E. Howe, Nancy J. King, John Kleinig, James P. Levine, Candace McCoy, G. Thomas Munsterman, Maureen O'Connor, Steven Penrod, Alan W. Scheflin, Neil Vidmar

Author : Lawrence C. Becker
Publisher : Routledge
Page : 450 pages
File Size : 48,8 Mb
Release : 2014-06-17
Category : Philosophy
ISBN : 9781317703334

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Reciprocity (Routledge Revivals) by Lawrence C. Becker Pdf

The tendency to reciprocate – to return good for good and evil for evil – is a potent force in human life, and the concept of reciprocity is closely connected to fundamental notions of ‘justice’, ‘obligation’ or ‘duty’, ‘gratitude’ and ‘equality’. In Reciprocity, first published in 1986, Lawrence Becker presents a sustained argument about reciprocity, beginning with the strategy for developing a moral theory of the virtues. He considers the concept of reciprocity in detail, contending that it is a basic virtue that provides the basis for parental authority, obligations to future generations, and obedience to law. Throughout the first two parts of the book, Becker intersperses short pieces of his own narrative fiction to enrich reflection on the philosophical arguments. The final part is devoted to extensive bibliographical essays, ranging over anthropology, psychology, political theory and law, as well as the relevant ethics and political philosophy.

Author : American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association)
Publisher : American Bar Association
Page : 216 pages
File Size : 43,9 Mb
Release : 2007
Category : Law
ISBN : 1590318730

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Model Rules of Professional Conduct by American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association) Pdf

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.