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"Exploring Law's Empire is a collection of essays about the work of Ronald Dworkin, each written by a leading scholar in jurisprudence or constitutional law. The essays explore Dworkin's writings on constitutional law, his theory of law as integrity, and his critique of legal positivism."--BOOK JACKET.
In 'Law's Empire', Ronald Dworkin relects on the nature of the law, its authority, its application in democracy, the prominent role of interpretation in judgement and the relations of lawmakers and lawgivers in the community.
The author argues for judicial decision making to be based on interpretation rather than simply applying past legal decisions. This judicial interpretation should be based on theory insisting "fundamental point of law is not to report consensus or provide efficient means to social goals, but to answer the requirement that a political community act in a coherent and principled manner toward all its members."--From publisher's description.
Exploring Law and Culture by Dorothy H. Bracey Pdf
Evocative and stimulating, engaging and timely, this small volume makes sense of the complicated and reciprocal relationship between law and culture. It starts with various definitions of law and the factors that anthropologists consider when they compare legal systems. Next, the experiences of exemplary researchers throughout history and some of the methods they used in their discoveries are discussed. Readers learn how to employ the comparative method and build a typology based on the source of a particular law by putting the world’s legal system into one of three categories: Western law, religious law, and traditional law. The book also tackles important issues such as formal law versus informal law, using law to legitimize power, and clashing values within a single legal system. Examples from fieldwork experiences and historical events offer readers a chance to see how a method has been applied or a concept developed—as well as how law and culture are intertwined in the real world.
What is the legacy of the war in Iraq? Can democracy and human rights really be imposed "by fire and sword"? This book brings together some of the world's most outstanding theorists in the debate over empire and international law. They provide a uniquely lucid account of the relationship between American imperialism, the use and abuse of "humanitarian intervention", and its legal implications. Empire's Law is ideal for students who want a comprehensive critical introduction to the impact that the doctrine of pre-emptive war has had on our capacity to protect human rights and promote global justice. Leading contributors including Leo Panitch, Sam Gindin, Jurgen Habermas, Ulrich Preuss, Andrew Arato, Samir Amin, Reg Whitaker, Denis Halliday and Hans von Sponeck tackle a broad range of issues. Covering everything from the role of Europe and the UN, to people's tribunals, to broader theoretical accounts of the contradictions of war and human rights, the contributors offer new and innovative ways of examining the problems that we face. It is essential reading for all students who want a systematic framework for understanding the long-term consequences of imperialism.
Law by Enrique Villanueva,Instituto de Investigaciones Jurídicas (México City) Pdf
Interpretivist theories of law / Nicos Stavropoulos -- How facts make law / Mark Greenberg -- On the normative significance of brute facts / Ram Neta -- On practices and the law / Mark Greenberg -- Supervenience, value, and legal content / Enrique Villanueva -- Reasons without values? / Mark Greenberg -- Theory, practice and ubiquitous interpretation : the basics / Martin Stone -- Law as a reflective practice / Scott Hershovitz -- On reflective practices and 'substituting for God' / Martin Stone -- Metasemantics and objectivity / Ori Simchen -- Can objectivity be grounded in semantics? / Michael S. Moore -- A hybrid theory of claim-rights / Gopal Sreenivasan -- Is the will theory of rights superseded by the hybrid theory? / Horacio Spector -- In defense of the hybrid theory / Gopal Sreenivasan.
Legal Directives and Practical Reasons by Noam Gur Pdf
This book investigates law's interaction with practical reasons. What difference can legal requirements-e.g. traffic rules, tax laws, or work safety regulations-make to normative reasons relevant to our action? Do they give reasons for action that should be weighed among all other reasons? Or can they, instead, exclude and take the place of some other reasons? The book critically examines some of the existing answers and puts forward an alternative understanding of law's interaction with practical reasons. At the outset, two competing positions are pitted against each other: Joseph Raz's view that (legitimate) legal authorities have pre-emptive force, namely that they give reasons for action that exclude some other reasons; and an antithesis, according to which law-making institutions (even those that meet prerequisites of legitimacy) can at most provide us with reasons that compete in weight with opposing reasons for action. These two positions are examined from several perspectives, such as justified disobedience cases, law's conduct-guiding function in contexts of bounded rationality, and the phenomenology associated with authority. It is found that, although each of the above positions offers insight into the conundrum at hand, both suffer from significant flaws. These observations form the basis on which an alternative position is put forward and defended. According to this position, the existence of a reasonably just and well-functioning legal system constitutes a reason that fits neither into a model of ordinary reasons for action nor into a pre-emptive paradigm-it constitutes a reason to adopt an (overridable) disposition that inclines its possessor towards compliance with the system's requirements.
Using research from both sides of the Atlantic, Stephen Hornsby examines the development of British military cartography in North America during and after the Seven Years War, as well as advancements in military and scientific equipment used in surveying. At the same time, he follows the land speculation of two leading surveyors, Samuel Holland and J.F.W. Des Barres, and the publication history of The Atlantic Neptune. Richly illustrated with images from The Atlantic Neptune and earlier maps, Surveyors of Empire is an insightful account of the relationship between science and imperialism, and the British shaping of the Atlantic world.
From House of Lords to Supreme Court by James Lee Pdf
2009 saw the centenary of the Society of Legal Scholars and the transition from the House of Lords to the new Supreme Court. The papers presented in this volume arise from a seminar organised jointly by the Society of Legal Scholars and the University of Birmingham to celebrate and consider these historic events. The papers examine judicial reasoning and the interaction between judges, academics and the professions in their shared task of interpretative development of the law. The volume gathers leading authorities on the House of Lords in its judicial capacity together with academics whose specialisms lie in particular fields of law, including tort, human rights, restitution, European law and private international law. The relationship between judge and jurist is, therefore, investigated from a variety of perspectives and with reference to different jurisdictions. The aim of the volume is to reflect upon the jurisprudence of the House of Lords and to consider the prospects for judging in the new Supreme Court.
Much of the recent literature on political perfectionism has focused on dealing with objections to this view. This book adopts a different approach: It attempts to highlight the intuitive appeal of liberal perfectionism by presenting a positive prima facie argument in its favour. The book starts by clarifying the relation between political perfectionism — a conception of politics — and prudential perfectionism and ethical perfectionism — a conception of the good life, and a type of ethical theory. It is crucial to start by selecting a plausible form of ethical perfectionism, as it makes an important difference to the plausibility of the political conception based upon it. Once appropriate distinctions are drawn and a plausible form of liberal perfectionism is endorsed, many of the standard objections to perfectionism are shown to fail to reach their target. Different arguments in favour of liberal perfectionism are then proposed and critically examined, but the resilience of some pragmatic arguments against liberal perfectionism is conceded. The book ends by showing that perfectionism can be surprisingly relevant for discussions of social justice and proceeds to draw a sketch of the perfectionist implications for questions of distributive justice.
Law and Politics in British Colonial Thought by S. Dorsett,I. Hunter Pdf
A collection that focuses on the role of European law in colonial contexts and engages with recent treatments of this theme in known works written largely from within the framework of postcolonial studies, which implicitly discuss colonial deployments of European law and politics via the concept of ideology.
Legal Pluralism and Empires, 1500-1850 by Lauren Benton,Richard J. Ross Pdf
This wide-ranging volume advances our understanding of law and empire in the early modern world. Distinguished contributors expose new dimensions of legal pluralism in the British, French, Spanish, Portuguese, and Ottoman empires. In-depth analyses probe such topics as the shifting legal privileges of corporations, the intertwining of religious and legal thought, and the effects of clashing legal authorities on sovereignty and subjecthood. Case studies show how a variety of individuals engage with the law and shape the contours of imperial rule. The volume reaches from Peru to New Zealand to Europe to capture the varieties and continuities of legal pluralism and to probe the analytic power of the concept of legal pluralism in the comparative study of empires. For legal scholars, social scientists, and historians, Legal Pluralism and Empires, 1500-1850 maps new approaches to the study of empires and the global history of law.
The Methodology of Constitutional Theory by Dimitrios Kyritsis,Stuart Lakin Pdf
What sort of methods are best suited to understanding constitutional doctrines and practices? Should we look to lawyers and legal methods alone, or should we draw upon other disciplines such as history, sociology, political theory, and moral philosophy? Should we study constitutions in isolation or in a comparative context? To what extent must constitutional methods be sensitive to empirical data about the functioning of legal practice? Can ideal theory aid our understanding of real constitutions? This volume brings together constitutional experts from around the world to address these types of questions through topical events and challenges such as Brexit, administrative law reforms, and the increasing polarisations in law, politics, and constitutional scholarship. Importantly, it investigates the ways in which we can ensure that constitutional scholars do not talk past each other despite their persistent - and often fierce - disagreements. In so doing, it aims systematically to re-examine the methodology of constitutional theory.
Author : Elizabeth A. McCabe Publisher : University Press of America Page : 148 pages File Size : 41,7 Mb Release : 2008 Category : Religion ISBN : 0761834028
An Examination of the Isis Cult with Preliminary Exploration Into New Testament Studies by Elizabeth A. McCabe Pdf
This work serves as an investigation of the Isis cult by tracing its development from Egypt into Greco-Roman society. The origin of the Isis cult is described by using the accounts of Plutarch, Apuleius, and Diodorus before examining the effects of Isis on Egyptian culture. The Isis cult soon overflows into the Greco-Roman world. While this mysterious religion initially encounters opposition, especially since it clashes with Roman patriarchal society, it overcomes these limitations.