In The Grip Of The Law

Author : Karen Engle
Publisher : Stanford University Press
Page : 346 pages
File Size : 42,5 Mb
Release : 2020-04-07
Category : Law
ISBN : 9781503611252

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The Grip of Sexual Violence in Conflict by Karen Engle Pdf

Contemporary feminist advocacy in human rights, international criminal law, and peace and security is gripped by the issue of sexual violence in conflict. But it hasn't always been this way. Analyzing feminist international legal and political work over the past three decades, Karen Engle argues that it was not inevitable that sexual violence in conflict would become such a prominent issue. Engle reveals that as feminists from around the world began to pay an enormous amount of attention to sexual violence in conflict, they often did so at the cost of attention to other issues, including the anti-militarism of the women's peace movement; critiques of economic maldistribution, imperialism, and cultural essentialism by feminists from the global South; and the sex-positive positions of many feminists involved in debates about sex work and pornography. The Grip of Sexual Violence in Conflict offers a detailed examination of how these feminist commitments were not merely deprioritized, but undermined, by efforts to address the issue of sexual violence in conflict. Engle's analysis reinvigorates vital debates about feminist goals and priorities, and spurs readers to question much of today's common sense about the causes, effects, and proper responses to sexual violence in conflict.

Author : William Lucy
Publisher : Bloomsbury Publishing
Page : 441 pages
File Size : 47,9 Mb
Release : 2017-07-27
Category : Law
ISBN : 9781509913299

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Law's Judgement by William Lucy Pdf

Law's Judgement elucidates and defends a feature of contemporary law that is currently either overlooked or too glibly dismissed as morally troublesome or historically anachronistic. That feature is the abstract nature of law's judgement and its three components show that, when law judges us, it often does so in ignorance of our particular characters and abilities, on the one hand, and in ignorance of our context and circumstances, on the other. Law's judgement is thus insensitive to all or much that makes us the particular people we are. The book explores various connections between this mode of judgement and some of our most important legal and political values. It shows that law's abstract judgement is closely related to important juristic conceptions of personhood, responsibility and impartiality, and that these notions are not without moral significance. The book also examines the connections between modern law's judgement and three of our most important political values, namely, dignity, equality and community. It argues that, if we value particular conceptions of dignity, equality and community, then we must also value law's judgement. Illuminating these connections therefore serves a double purpose: first, it makes a case against those who counsel liberation from law's abstract judgement and, second, it redirects attention to the task of morally evaluating law's abstract judgement in its own terms.

Author : Michael Townsen Hicks,Siegfried Jaag,Christian Loew
Publisher : Oxford University Press
Page : 301 pages
File Size : 40,5 Mb
Release : 2023-05-17
Category : Science
ISBN : 9780192645999

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Humean Laws for Human Agents by Michael Townsen Hicks,Siegfried Jaag,Christian Loew Pdf

Humean Laws for Human Agents presents cutting-edge research by leading experts on the Humean account of laws, chance, possibility, and necessity. A central question in metaphysics and philosophy of science is: What are laws of nature? Humeans hold that laws are not sui generis metaphysical entities but merely particularly effective summaries of what actually happens. The most discussed recent work on Humeanism emphasizes the laws' usefulness for limited agents and uses pragmatic considerations to address fundamental and long-standing problems. The current volume develops and critically examines pragmatic Humean accounts, with innovative new work on the epistemology of laws and chance, the problem of induction, counterfactuals, special science laws, and a Humean account of essence. Taken together, the papers provide a roadmap for developing pragmatic Humeanism and connate views, setting the agenda for future research.

Author : Joyce Emmerson Preston Muddock
Publisher : Unknown
Page : 326 pages
File Size : 51,7 Mb
Release : 1906
Category : Electronic
ISBN : UGA:32108006288107

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In the Grip of the Law by Joyce Emmerson Preston Muddock Pdf

Author : Anthony J. Sebok
Publisher : Cambridge University Press
Page : 343 pages
File Size : 41,5 Mb
Release : 1998-10-28
Category : Law
ISBN : 9780521480413

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Legal Positivism in American Jurisprudence by Anthony J. Sebok Pdf

This work represents a serious and philosophically sophisticated guide to modern American legal theory, demonstrating that legal positivism has been a misunderstood and underappreciated perspective through most of twentieth-century American legal thought.

Author : Jaakko Husa
Publisher : Bloomsbury Publishing
Page : 272 pages
File Size : 41,7 Mb
Release : 2015-05-28
Category : Law
ISBN : 9781849469517

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A New Introduction to Comparative Law by Jaakko Husa Pdf

This thought-provoking introduction to the study of comparative law provides in-depth analyses of all major comparative methodologies and theories and serves as a common sense guide to the study of foreign legal systems. It is written in a lively and accessible style and will prove indispensable reading to students of the subject. It also contains much that will be of interest to comparative law scholars, offering novel insights into commonplace methodological and theoretical questions and making a significant contribution to the field.

Author : Badouin Dupret,Maurits Berger,Laila Al-Zwaini
Publisher : BRILL
Page : 304 pages
File Size : 55,9 Mb
Release : 2023-03-20
Category : Law
ISBN : 9789004416628

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Legal Pluralism in the Arab World by Badouin Dupret,Maurits Berger,Laila Al-Zwaini Pdf

Legal pluralism denotes both the multiple social fields which produce partilly interacting norms and the state's recognition of the many sources of law which constitute its legislation. It advocates a break from traditional legal theory in favour of describing the law from a more sociological and anthropological perspective. The theory of legal pluralism proves a useful tool, offering a challenging avenue for the examination of socio-legal activities. Too often, however, the literature on legal pluralism has failed to place sufficient emphasis on its fundamental theoretical questions. The result of a seminar held in Cairo in December 1996 with contributions by sociologists, anthropologists, political scientists, legal theoreticians, and practising lawyers, Legal Pluralism in the Arab World represents the first comprehensive examination of this phenomenon. This collection of essays attempts to define the notion of legal pluralism from a sociological, anthropological, and theoretical perspective and highlights its connection with particular Arab societies and countries. The work's unique features include * a preface by John Griffiths, one of the most significant voices in the formulation of the theory of legal pluralism; * a broad range of case studies, demonstrating the diversity in formulations of the theory; and * a wide variety of approaches to the subject matter. Legal Pluralism in the Arab World is the only work in existence which addresses the concept of legal pluralism in this particular part of the world in such a systematic manner. These essays significantly enrich the current canon on legal pluralism and offer the reader a unique example of its richness and usefulness.

Author : Marko Novak,Vojko Strahovnik
Publisher : Cambridge Scholars Publishing
Page : 203 pages
File Size : 51,7 Mb
Release : 2019-01-24
Category : Law
ISBN : 9781527527041

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Modern Legal Interpretation by Marko Novak,Vojko Strahovnik Pdf

Legalism or legal formalism usually depicts judges as resolving cases by allegedly merely applying pre-existing legal rules. They do not seem to legislate, exercise discretion, balance or pursue policies, and they definitely do not look outside of conventional legal texts for guidance in deciding new cases. For them, the law is an autonomous domain of knowledge and technique. What they follow are the maxims of clarity, determinacy, and coherence of law. This perception of law and adjudication is sometimes designated as “an orthodox lawyering”. However, at least in certain cases, it is very difficult to say that legalism is not an inappropriate theory or a method of legal interpretation. Different theories have attested that legal interpretation is much more than just legalism, which appears to be far too naïve. In the framework of modern legal interpretation, the following questions can be raised. Is it possible to integrate legalism in a coherent theory of legal interpretation? Is legalism as a distinctive theory of legal interpretation still a feasible theory of interpretation? How can such a formalist approach withstand a critique from Dworkinian moral interpretivism or accusations of being a myth, masking political preferences from legal realists? These and many other issues about legal interpretation are discussed in this book by prominent legal philosophers and legal theorists.

Author : Laura Grenfell
Publisher : Cambridge University Press
Page : 331 pages
File Size : 51,8 Mb
Release : 2013-07-11
Category : History
ISBN : 9781107026193

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Promoting the Rule of Law in Post-Conflict States by Laura Grenfell Pdf

Laura Grenfell critically evaluates how the rule of law is contextualized and promoted in states where customary law is prevalent.

Author : Basak Çali
Publisher : Oxford University Press
Page : 190 pages
File Size : 54,6 Mb
Release : 2015-10-08
Category : Law
ISBN : 9780191508189

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The Authority of International Law by Basak Çali Pdf

The question of the authority of international law over domestic authorities and the duties of state officials to international law are fundamental concerns in international law theory and practice. The Authority of International Law: Obedience, Respect, and Rebuttal addresses these concerns by reviewing the present accounts of authority in international law constructing the authority of international law as imposing three different layers of duties on domestic officials: the duty to obey, the duty to respect and the duty to rebut, carefully setting out the duties owed by domestic political and legal authorities towards international law. This book provides an original account of the authority of international law, one that is not tied to prior state consent or domestic constitutional frameworks. It offers a nuance account, arguing that whether or not international law is obeyed within any given situation depends on the type of duty it imposes on the state, and that duties normative force. There is no black and white framework in which international law always trumps domestic law or vice versa. Instead, Cali presents a realistic account of when international law has absolute authority, and when it can afford a margin of appreciation to states. The Authority of International Law: Obedience, Respect, and Rebuttal contributes to existing debates on the authority of international law through considering the gap between consent-based jurisprudential theories of authority and self-interest and identity-based theories of compliance; looking at the importation of often highly demanding concepts of authority and legitimacy from standard domestic political and legal theory, to identify the shortcomings of the authority of international law; and by considering monism, dualism, and normative pluralism as theories for addressing authority competition between domestic legal orders and international law.

Author : Professor Aaron Fichtelberg
Publisher : Ashgate Publishing, Ltd.
Page : 260 pages
File Size : 41,6 Mb
Release : 2013-02-28
Category : Law
ISBN : 9781409496274

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Law at the Vanishing Point by Professor Aaron Fichtelberg Pdf

Two central questions are at the core of international legal theory: 'What is international law?', and 'Is international law really law?' This volume examines these critical questions and the philosophical foundations of modern international law using the tools of Anglo-American legal theory and western political thought. Engaging with both contemporary and historical legal theory and with an analysis of international law in action, the book builds an understanding and theory of law from the perspective of those who actually use this legal system and understand it, rather than constructing an artificial system from the standpoint of political scientists and moral philosophers. Law at the Vanishing Point provides a fascinating new challenge to those who reduce international law either to ethics or to politics and provides a critical new appraisal of its power as an independent force in human social relations.

Author : Olivier Moréteau,Aniceto Masferrer,Kjell A. Modéer
Publisher : Edward Elgar Publishing
Page : 512 pages
File Size : 41,8 Mb
Release : 2024-06-30
Category : Law
ISBN : 9781781955222

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Comparative Legal History by Olivier Moréteau,Aniceto Masferrer,Kjell A. Modéer Pdf

The specially commissioned papers in this book lay a solid theoretical foundation for comparative legal history as a distinct academic discipline. While facilitating a much needed dialogue between comparatists and legal historians, this research handbook examines methodologies in this emerging field and reconsiders legal concepts and institutions like custom, civil procedure, and codification from a comparative legal history perspective.

Author : Christian R. Burset
Publisher : Yale University Press
Page : 271 pages
File Size : 44,5 Mb
Release : 2023-09-26
Category : Great Britain
ISBN : 9780300253238

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An Empire of Laws by Christian R. Burset Pdf

A compelling reexamination of how Britain used law to shape its empire For many years, Britain tried to impose its own laws on the peoples it conquered, and English common law usually followed the Union Jack. But the common law became less common after Britain emerged from the Seven Years' War (1754-63) as the world's most powerful empire. At that point, imperial policymakers adopted a strategy of legal pluralism: some colonies remained under English law, while others, including parts of India and former French territories in North America, retained much of their previous legal regimes. As legal historian Christian R. Burset argues, determining how much English law a colony received depended on what kind of colony Britain wanted to create. Policymakers thought English law could turn any territory into an anglicized, commercial colony; legal pluralism, in contrast, would ensure a colony's economic and political subordination. Britain's turn to legal pluralism thus reflected the victory of a new vision of empire--authoritarian, extractive, and tolerant--over more assimilationist and egalitarian alternatives. Among other implications, this helps explain American colonists' reverence for the common law: it expressed and preserved their equal status in the empire. This book, the first empire-wide overview of law as an instrument of policy in the eighteenth-century British Empire, offers an imaginative rethinking of the relationship between tolerance and empire.

Author : Monika Fludernik,Greta Olson
Publisher : Peter Lang Publishing
Page : 354 pages
File Size : 49,5 Mb
Release : 2004
Category : Foreign Language Study
ISBN : IND:30000100528649

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In the Grip of the Law by Monika Fludernik,Greta Olson Pdf

This book contributes significantly to Law and Literature studies. Arguing for the political relevance of their work, the editors open the volume with an introduction that summarizes topical developments in law enforcement and penal politics including the 'prisonization' of American society and popular support for &la" no tolerance approaches to crime. The fourteen essays that follow - six on trials and eight on prisons - discuss subjects ranging from the political ramifications of Captain Kidd's trials for piracy to a reading of South African prison memoirs and include treatments of prison films, courtroom dramas and works by Dickens, Shakespeare and Scott. The volume demonstrates powerfully how concepts of criminality are constructed and how literature participates in, and sometimes enhances, general discursive traditions of adversarial litigation and carcerality.

Author : John Ahern,William Binchy
Publisher : BRILL
Page : 521 pages
File Size : 54,6 Mb
Release : 2009
Category : Law
ISBN : 9789004171930

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The Rome II Regulation on the Law Applicable to Non-Contractual Obligations by John Ahern,William Binchy Pdf

The Rome II Regulation on the Law Applicable to Non-Contractual Obligations introduces a single choice-of-law regime for tort and other non-contractual obligations. The Regulation has huge implications for international litigation relating to traffic accidents, product liability, environmental damage and infringement of intellectual property rights, for example. This book contains analysis of the Regulation by 15 experts from Europe and North America. It examines the core concepts and assesses the likely impact of the Regulation on claims for tort and unjust enrichment. It is an indispensable guide to the Regulation for legal practitioners, academics and students.