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Author : Brotherhood of Liberty
Publisher : Philadelphia : J.B. Lippincott
Page : 636 pages
File Size : 40,5 Mb
Release : 1889
Category : African Americans
ISBN : NYPL:33433081766879
Author : Frank J. Colucci
Publisher : Unknown
Page : 264 pages
File Size : 55,8 Mb
Release : 2009
Category : Biography & Autobiography
ISBN : STANFORD:36105134463335
Examines the judicial philosophy of Supreme Court Justice Anthony M. Kennedy, who has been the critical swing vote on the Court for the last 20 years.
Author : Alf Ross
Publisher : Oxford University Press, USA
Page : 567 pages
File Size : 46,8 Mb
Release : 2019-11-20
Category : Law
ISBN : 9780198716105
On Law and Justice by Alf Ross (1899-1979) is a classic work of twentieth-century legal philosophy. The first translation into English was notably poor and abridged, and it misrepresented Ross's views. Translated from scratch and in full length from the original Danish, this new critical edition casts light on Ross's work and resituates it firmly in the context of current debates in the field. Ross was, in H.L.A. Hart's words, 'the most acute and best-equipped philosopher' of Scandinavian legal realism. On Law and Justice provides a comprehensive outline of his legal realist position, offering a consistently empirical research programme that simultaneously recognizes the distinctly normative character of law. Ross's legal realism avoids the standard critiques against behaviourist reductionism while still remaining categorically distinct from legal positivism and natural law.
Author : Hans Kelsen
Publisher : Univ of California Press
Page : 410 pages
File Size : 55,7 Mb
Release : 1960
Category : Justice
ISBN : 8210379456XXX
Author : Nigel E. Simmonds
Publisher : Unknown
Page : 356 pages
File Size : 41,6 Mb
Release : 2008
Category : Law
ISBN : STANFORD:36105134439525
Previous edition : 2002.
Author : Law Society of Upper Canada
Publisher : Irwin Law
Page : 268 pages
File Size : 44,5 Mb
Release : 2005
Category : Aide juridique
ISBN : 0887594158
This book is a timely addition to the literature on access to justice. The book's essays address all aspects of the topic, including differing views on the meaning of access to justice; ways to improve access to legal services; litigation and its role in achieving social justice; and the roles of lawyers, citizens, and legal insitutions. Access to Justice for a New Century is based on papers given at an international symposium presented by the Law Society of Upper Canada, sponsored by the Law Foundation of Ontario.
Author : Rudolf Stammler
Publisher : The Lawbook Exchange, Ltd.
Page : 634 pages
File Size : 51,6 Mb
Release : 2000
Category : Jurisprudence
ISBN : 9781584770664
Here the noted German philosopher disputes the historical and natural schools of jurisprudence and advocates a philosophical approach to law. In addition to Stammler's text, the volume includes the translator's introduction which outlines the basis of Stammler's theory, an appendix which contains an essay on Stammler's critical system by Francois Geny and "Stammler and his Critics" by John C.H. Wu.
Author : Brotherhood of Liberty
Publisher : Wentworth Press
Page : 638 pages
File Size : 45,6 Mb
Release : 2016-08-28
Category : History
ISBN : 1372507035
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Author : Edna Erez,Michael Kilchling,Jo-Anne M. Wemmers
Publisher : Unknown
Page : 0 pages
File Size : 42,5 Mb
Release : 2011
Category : Law
ISBN : 1594609462
This book employs principles of therapeutic jurisprudence (TJ) to examine how various countries approach victim participation in criminal justice proceedings. It collects papers from a conference in Onati, Spain, that was supported by a grant from the Transcoop Programme of the Alexander Von Humboldt Foundation to study the potential impact of TJ approaches on victims. The Onati conference broke important ground by addressing victim welfare and well-being during and after participation in criminal justice proceedings and brought scholars from different disciples and nations together to share their ideas. The resulting collection brings these ideas to a wider audience in the fields of law, legal studies, sociology, psychology and criminology/victimology. The contributors are recognized researchers in their home countries and the collection provides yet another critical and empirical research contribution from a TJ perspective. "Legal professionals lobbying for victim participation would like this book. . . . Achieve[s] the goal of presenting victims of crime as a topic for further research." -- International Criminal Justice Review "Researchers of law, criminology, victimology and related subjects, law students, practitioners, judges, victims and those interested in aiding victims with their professional expertise must read this book to understand the core value of therapeutic jurisprudence. Considering the price, the quality of the editorial work, the expertise, I believe that this book should not only be a "must possession" for individuals mentioned above, but it will also be the most sought after one for all academics as well law libraries, court libraries, police libraries." -- International Journal of Criminal Justice Sciences
Author : Austin Sarat,Thomas R. Kearns
Publisher : University of Michigan Press
Page : 182 pages
File Size : 49,8 Mb
Release : 2009-11-11
Category : Law
ISBN : 9780472023684
Running through the history of jurisprudence and legal theory is a recurring concern about the connections between law and justice and about the ways law is implicated in injustice. In earlier times law and justice were viewed as virtually synonymous. Experience, however, has taught us that, in fact, injustice may be supported by law. Nonetheless, the belief remains that justice is the special concern of law. Commentators from Plato to Derrida have called law to account in the name of justice, asked that law provide a language of justice, and demanded that it promote the attainment of justice. The justice that is usually spoken about in these commentaries is elusive, if not illusory, and disconnected from the embodied practice of law. Furthermore, the very meaning of justice, especially as it relates to law, is in dispute. Justice may refer to distributional issues or it may involve primarily procedural questions, impartiality in judgment or punishment and recompense. The essays collected in Justice and Injustice in Law and Legal Theory seek to remedy this uncertainty about the meaning of justice and its disembodied quality, by embedding inquiry about justice in an examination of law's daily practices, its institutional arrangements, and its engagement with particular issues at particular moments in time. The essays examine the relationship between law and justice and injustice in specific issues and practices and, in doing so, make the question of justice come alive as a concrete political question. They draw on the disciplines of history, law, anthropology, and political science. Contributors to this volume include Nancy Coot, Joshua Coven, Robert Gorton, Frank Michelin, and Michael Tossing. Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science, Amherst College. Thomas R. Kearns is William H. Hastie Professor of Philosophy, Amherst College.
Author : Nigel E. Simmonds,Joshua Neoh
Publisher : Unknown
Page : 0 pages
File Size : 50,8 Mb
Release : 2022
Category : Jurisprudence
ISBN : 0414104145
Author : Luc B. Tremblay
Publisher : McGill-Queen's Press - MQUP
Page : 360 pages
File Size : 48,9 Mb
Release : 1997-10-24
Category : Law
ISBN : 9780773566910
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.
Author : Garrett Barden,Tim Murphy
Publisher : Oxford University Press
Page : 302 pages
File Size : 54,8 Mb
Release : 2010-08-19
Category : Law
ISBN : 9780199592685
The origins of civil society and the function of law -- Justice, ownership, and law -- Natural justice and conventional justice -- Justice and the trading order -- Adjudication and interpretation -- Morality, law, and legislation -- Natural law -- Rights -- The force of law -- The authority and legitimacy of law.
Author : Brotherhood of Liberty
Publisher : Unknown
Page : 626 pages
File Size : 48,7 Mb
Release : 2015-07-06
Category : Political Science
ISBN : 1330805283
Excerpt from Justice and Jurisprudence: An Inquiry Concerning the Constitutional Limitations of the Thirteenth, Fourteenth, and Fifteenth Amendments An inquiry concerning the constitutional provisions of the Thirteenth, Fourteenth, and Fifteenth Amendments seemed to the Brotherhood of Liberty the primal step to be taken by an Order instituted for the advancement of the African race in America. Their Dedicatory Address and Epistles make a full revealment of the objective points of this Christian, constitutional, sociological, and political treatise. The author has contributed a fitting introductory accompaniment to his work, in a cold and critical, but lucid, vigorous, and trenchant dissertation upon the peril of juristic innovation upon the Constitution. As a generalization, this work may be said to consist of two parts. The first concerns the Positive Law of the Fourteenth Amendment, by which the whole power of the American state is pledged to maintain the equality of civil rights of every American citizen by Due Process of Law. The second discloses the transparent veils of legal fiction under cover of which the civil rights of all races are being slowly undermined. It shows how judicial construction has so impaired the lex scripta that, although the letter may remain, yet the heart has been eaten out. Mature reflection and a close observation of the course of events have led the Brotherhood to the conclusion that, if the complex constitutional questions, and the perplexing social problems involved in the much-mooted race-question could be examined, and their deep, broad, ethical and political significance demonstrated by an interesting discussion, free as possible from dry abstraction, sectionalism, and partisanship, public opinion might become disentangled from the many knotty disputes by which it is now obscured, chiefly through the chicanery of a narrow system of vicious politics. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author : Ronald Dworkin
Publisher : Harvard University Press
Page : 328 pages
File Size : 41,6 Mb
Release : 2006-04-15
Category : Law
ISBN : 0674021673
How should a judge’s moral convictions bear on his judgments about what the law is? Lawyers, sociologists, philosophers, politicians, and judges all have answers to that question: these range from “nothing” to “everything.”In Justice in Robes, Ronald Dworkin argues that the question is much more complex than it has often been taken to be and charts a variety of dimensions—semantic, jurisprudential, and doctrinal—in which law and morals are undoubtedly interwoven. He restates and summarizes his own widely discussed account of these connections, which emphasizes the sovereign importance of moral principle in legal and constitutional interpretation, and then reviews and criticizes the most influential rival theories to his own. He argues that pragmatism is empty as a theory of law, that value pluralism misunderstands the nature of moral concepts, that constitutional originalism reflects an impoverished view of the role of a constitution in a democratic society, and that contemporary legal positivism is based on a mistaken semantic theory and an erroneous account of the nature of authority. In the course of that critical study he discusses the work of many of the most influential lawyers and philosophers of the era, including Isaiah Berlin, Richard Posner, Cass Sunstein, Antonin Scalia, and Joseph Raz.Dworkin’s new collection of essays and original chapters is a model of lucid, logical, and impassioned reasoning that will advance the crucially important debate about the roles of justice in law.
