Law S Political Foundations

Author : John Owen Haley
Publisher : Unknown
Page : 0 pages
File Size : 47,6 Mb
Release : 2016
Category : Civil law
ISBN : 1785368494

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Law's Political Foundations by John Owen Haley Pdf

Law's Political Foundations: Rivers, Rifles, Rice and Religion explains the development of the two basic systems of public and private law and their historical transformations. Examining the historical development of law in China, Japan, Western Europe, and Hispanic America, Haley argues that law is a product, rather than a constitutive element, of political systems. Four narrative chapters commence with the development of Chinese legal tradition as a public law order in which regulatory and penal rules were central, compared to the primacy of private law in Western Europe. China was not only among the earliest but also historically the most enduring example of public law order. The European Legal Tradition, in contrast, became the source of the private law structures of legal systems worldwide. The Japanese and Hispanic American experiences are explored as pivotal links that help to identify foundational factors that underpin the historical development of public and private law orders. Also explained in both contexts is the endurance of private ordering both within and beyond the law. These vivid comparisons and analyses in these stories of rivers, rifles, rice, and religion will serve as an excellent critical resource for scholars and academics of comparative law and legal theory.

Author : Morton A. Kaplan,Nicholas deBelleville Katzenbach
Publisher : Unknown
Page : 394 pages
File Size : 48,9 Mb
Release : 1961
Category : International law
ISBN : UOM:39015013248508

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The Political Foundations of International Law by Morton A. Kaplan,Nicholas deBelleville Katzenbach Pdf

Author : Denis James Galligan
Publisher : Cambridge University Press
Page : 844 pages
File Size : 52,8 Mb
Release : 2013
Category : Constitutional law
ISBN : 9781107424395

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Social and Political Foundations of Constitutions by Denis James Galligan Pdf

"This volume analyses the social and political forces that influence constitutions and the process of constitution making. It combines theoretical perspectives on the social and political foundations of constitutions with a range of detailed case studies of constitution making in nineteen different countries. In the first part of the volume, leading scholars analyse and develop a range of theoretical perspectives, including constitutions as coordination devices, mission statements, contracts, products of domestic power play, transnational documents, and as reflection of the will of the people. In the second part of the volume, these theories are examined through in-depth case studies of the social and political foundations of constitutions in countries such as Egypt, Nigeria, Japan, Romania, Bulgaria, New Zealand, Israel, Argentina, and others. The result is a multidimensional study of constitutions as social phenomena and their interaction with other social phenomena. The approach combines social science analysis of the nature of constitutions with case studies of selected constitutions"--

Author : Oona Anne Hathaway,Harold Hongju Koh
Publisher : Unknown
Page : 420 pages
File Size : 49,8 Mb
Release : 2005
Category : Law
ISBN : UOM:39015069131137

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Foundations of International Law and Politics by Oona Anne Hathaway,Harold Hongju Koh Pdf

This title is a compilation of materials designed to bridge the gap between the disciplines of international law and international relations. It could be used as a companion to case books for a course in international law, as a reader in an advanced seminar in international law, or in a political science class on international relations of globalization.

Author : Martin Loughlin
Publisher : OUP Oxford
Page : 528 pages
File Size : 40,5 Mb
Release : 2012-09-27
Category : Law
ISBN : 9780191648175

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Foundations of Public Law by Martin Loughlin Pdf

Foundations of Public Law offers an account of the formation of the discipline of public law with a view to identifying its essential character, explaining its particular modes of operation, and specifying its unique task. Building on the framework first outlined in The Idea of Public Law (OUP, 2003), the book conceives public law broadly as a type of law that comes into existence as a consequence of the secularization, rationalization and positivization of the medieval idea of fundamental law. Formed as a result of the changes that give birth to the modern state, public law establishes the authority and legitimacy of modern governmental ordering. Public law today is a universal phenomenon, but its origins are European. Part I of the book examines the conditions of its formation, showing how much the concept borrowed from the refined debates of medieval jurists. Part II then examines the nature of public law. Drawing on a line of juristic inquiry that developed from the late sixteenth to the early nineteenth centuries-extending from Bodin, Althusius, Lipsius, Grotius, Hobbes, Spinoza, Locke and Pufendorf to the later works of Montesquieu, Rousseau, Kant, Fichte, Smith and Hegel-it presents an account of public law as a special type of political reason. The remaining three Parts unpack the core elements of this concept: state, constitution, and government. By taking this broad approach to the subject, Professor Loughlin shows how, rather than being viewed as a limitation on power, law is better conceived as a means by which public power is generated. And by explaining the way that these core elements of state, constitution, and government were shaped respectively by the technological, bourgeois, and disciplinary revolutions of the sixteenth century through to the nineteenth century, he reveals a concept of public law of considerable ambiguity, complexity and resilience.

Author : Brad Epperly
Publisher : Oxford University Press
Page : 224 pages
File Size : 46,5 Mb
Release : 2019-09-26
Category : Political Science
ISBN : 9780192583642

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The Political Foundations of Judicial Independence in Dictatorship and Democracy by Brad Epperly Pdf

This book argues that explaining judicial independence-considered the fundamental question of comparative law and politics-requires a perspective that spans the democracy/autocracy divide. Rather than seeking separate explanations in each regime context, in The Political Foundations of Judicial Independence in Dictatorship and Democracy, Brad Epperly argues that political competition is a salient factor in determining levels of de facto judicial independence across regime type, and in autocracies a factor of far greater import. This is because a full " account of independence requires looking not only at the likelihood those in power might lose elections but also the variable risks associated with such an outcome, risks that are far higher for autocrats. First demonstrating that courts can and do provide insurance to former leaders, he then shows via exhaustive cross-national analyses that competition's effects are far higher in autocratic regimes, providing the first evidence for the causal nature of the relationship. Epperly argues that these findings differ from existing case study research because in democratic regimes, a lack of political competition means incumbents target the de jure independence of courts. This argument is illustrated via in-depth case study of the Hungarian Constitutional Court after the country's 2010 " and then tested globally. Blending formal theory, observational and instrumental variables models, and elite interviews of leading Hungarian legal scholars and judges, Epperly offers a new framework for understanding judicial independence that integrates explanations of both de jure and de facto independence in both democratic and autocratic regimes.

Author : Alexander Orakhelashvili
Publisher : Edward Elgar Publishing
Page : 320 pages
File Size : 46,6 Mb
Release : 2020-12-25
Category : Law
ISBN : 9781839106446

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International Law and International Politics by Alexander Orakhelashvili Pdf

This illuminating book explores a multitude of areas in which law and politics intersect on the international plane, providing a comprehensive analysis of the foundations on which both international law and politics rest. The book examines both disciplines’ mutual interaction in more specific areas such as public authority, global space, and peace.

Author : Ian Bryan,Peter Langford,John McGarry
Publisher : Routledge
Page : 266 pages
File Size : 50,9 Mb
Release : 2015-10-23
Category : Law
ISBN : 9781135047436

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The Foundation of the Juridico-Political by Ian Bryan,Peter Langford,John McGarry Pdf

Hans Kelsen and Max Weber are conventionally understood as initiators not only of two distinct and opposing processes of concept formation, but also of two discrete and contrasting theoretical frameworks for the study of law. The Foundation of the Juridical-Political: Concept Formation in Hans Kelsen and Max Weber places the conventional understanding of the theoretical relationship between the work of Kelsen and Weber into question. Focusing on the theoretical foundations of Kelsen’s legal positivism and Weber’s sociology of law, and guided by the conceptual frame of the juridico-political, the contributors to this interdisciplinary volume explore convergences and divergences in the approach and stance of Kelsen and Weber to law, the State, political science, modernity, legal rationality, legal theory, sociology of law, authority, legitimacy and legality. The chapters comprising The Foundation of the Juridical-Political uncover complexities within as well as between the theoretical and methodological principles of Kelsen and Weber and, thereby, challenge the enduring division between legal positivism and the sociology of law in contemporary discourse.

Author : Denis J. Galligan,Mila Versteeg
Publisher : Cambridge University Press
Page : 696 pages
File Size : 41,8 Mb
Release : 2013-10-14
Category : Law
ISBN : 9781107434578

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Social and Political Foundations of Constitutions by Denis J. Galligan,Mila Versteeg Pdf

This volume analyses the social and political forces that influence constitutions and the process of constitution making. It combines theoretical perspectives on the social and political foundations of constitutions with a range of detailed case studies from nineteen countries. In the first part leading scholars analyse and develop a range of theoretical perspectives, including constitutions as coordination devices, mission statements, contracts, products of domestic power play, transnational documents, and as reflection of the will of the people. In the second part these theories are examined through in-depth case studies of the social and political foundations of constitutions in countries such as Egypt, Nigeria, Japan, Romania, Bulgaria, New Zealand, Israel, Argentina and others. The result is a multidimensional study of constitutions as social phenomena and their interaction with other social phenomena.

Author : Keith E. Whittington
Publisher : Princeton University Press
Page : 320 pages
File Size : 53,5 Mb
Release : 2009-03-09
Category : Law
ISBN : 9781400827756

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Political Foundations of Judicial Supremacy by Keith E. Whittington Pdf

Should the Supreme Court have the last word when it comes to interpreting the Constitution? The justices on the Supreme Court certainly seem to think so--and their critics say that this position threatens democracy. But Keith Whittington argues that the Court's justices have not simply seized power and circumvented politics. The justices have had power thrust upon them--by politicians, for the benefit of politicians. In this sweeping political history of judicial supremacy in America, Whittington shows that presidents and political leaders of all stripes have worked to put the Court on a pedestal and have encouraged its justices to accept the role of ultimate interpreters of the Constitution. Whittington examines why presidents have often found judicial supremacy to be in their best interest, why they have rarely assumed responsibility for interpreting the Constitution, and why constitutional leadership has often been passed to the courts. The unprecedented assertiveness of the Rehnquist Court in striking down acts of Congress is only the most recent example of a development that began with the founding generation itself. Presidential bids for constitutional leadership have been rare, but reflect the temporary political advantage in doing so. Far more often, presidents have cooperated in increasing the Court's power and encouraging its activism. Challenging the conventional wisdom that judges have usurped democracy, Whittington shows that judicial supremacy is the product of democratic politics.

Author : Craig Forcese,Aaron Freeman
Publisher : Unknown
Page : 689 pages
File Size : 54,7 Mb
Release : 2005
Category : Canada
ISBN : 1552211053

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The Laws of Government by Craig Forcese,Aaron Freeman Pdf

"The Laws of Government" is a comprehensive legal treatise on the law of Canadian democracy. This book is a one-stop-shop for an area of law and policy that is emerging quickly. In the past year alone, Parliament has had to deal with controversies involving electoral reform, political fundraising rules, ethics and conflict of interest, access to information, judicial appointments, parliamentary reform, and minority governments, to name a few. The book grapples with these contemporary issues. Each chapter deals with a discrete area in the law of democratic governance, providing a detailed account of the relevant legal and policy issues and exploring the nature and likelihood of law reform. It includes original empirical research on judicial and non-judicial governor-in-council appointments, lobbying, and legislative productivity in Parliament. The book is intended as a rigorous legal resource, but one that is accessible to a non-legal audience. It has multidisciplinary appeal, incorporating public administration and political science themes. "The Laws of Government" is essential reading for journalists, elected officials, public servants, lobbyists and all who are interested in politics and Canadian democracy.

Author : Otfried Höffe
Publisher : John Wiley & Sons
Page : 364 pages
File Size : 47,6 Mb
Release : 2018-03-12
Category : Political Science
ISBN : 9780745692388

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Political Justice by Otfried Höffe Pdf

Otfried Höffe is one of the foremost political philosophers in Europe today. In this major work, already a classic in continental Europe, he re-examines philosophical discourse on justice - from Classical Greece to the present day. Höffe confronts what he sees as the two major challenges to any theory of justice: the legal, positivist claim that there are no standards of justice external to legal systems; and the anarchist claim that justice demands the rejection and abolition of all legal and state systems. Höffe sets out to continue the 'philosophical project of modernity', the legitimation of human rights, and their guarantee by the state, while at the same time rehabilitating the classical theory of political justice represented by Plato and Aristotle. He questions the success of the positivists in avoiding extra-legal normative claims, and casts doubt on the plausibility of their criticism of the Natural Law tradition. Most anarchists, he argues, rely on an uncritical assumption that social institutions other than states and legal orders do not coerce. In Höffe's view, some coercion is unavoidable, and the grounds for its justification must be examined. Principles of justice will be those principles which define fundamental rights, and which must be enforced if rights are to be respected.

Author : Ian Shapiro
Publisher : Yale University Press
Page : 303 pages
File Size : 40,9 Mb
Release : 2012-10-30
Category : Political Science
ISBN : 9780300189759

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The Moral Foundations of Politics by Ian Shapiro Pdf

When do governments merit our allegiance, and when should they be denied it? Ian Shapiro explores this most enduring of political dilemmas in this innovative and engaging book. Building on his highly popular Yale courses, Professor Shapiro evaluates the main contending accounts of the sources of political legitimacy. Starting with theorists of the Enlightenment, he examines the arguments put forward by utilitarians, Marxists, and theorists of the social contract. Next he turns to the anti-Enlightenment tradition that stretches from Edmund Burke to contemporary post-modernists. In the last part of the book Shapiro examines partisans and critics of democracy from Plato’s time until our own. He concludes with an assessment of democracy’s strengths and limitations as the font of political legitimacy. The book offers a lucid and accessible introduction to urgent ongoing conversations about the sources of political allegiance.

Author : John O. Haley
Publisher : Edward Elgar Publishing
Page : 256 pages
File Size : 40,9 Mb
Release : 2016-06-24
Category : Law
ISBN : 9781785368509

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Law’s Political Foundations by John O. Haley Pdf

Law’s Political Foundations explains the development of the two basic systems of public and private law and their historical transformations. Examining the historical development of law in China, Japan, Western Europe, and Hispanic America, Haley argues that law is a product, rather than a constitutive element, of political systems.

Author : Charles Lund Black Jr.
Publisher : Unknown
Page : 128 pages
File Size : 52,6 Mb
Release : 2012-06
Category : Electronic
ISBN : 1258405717

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Perspectives in Constitutional Law by Charles Lund Black Jr. Pdf