Rules Of Law

Author : Franz von Benda-Beckmann,Keebet von Benda-Beckmann
Publisher : Routledge
Page : 302 pages
File Size : 41,7 Mb
Release : 2016-04-08
Category : Law
ISBN : 9781317060949

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Rules of Law and Laws of Ruling by Franz von Benda-Beckmann,Keebet von Benda-Beckmann Pdf

Offering an anthropological perspective, this volume explores the changing relations between law and governance, examining how changes in the structure of governance affect the relative social significance of law within situations of legal pluralism. The authors argue that there has been a re-regulation rather than a de-regulation, propagated by a plurality of regulative authorities and this re-regulation is accompanied by an increasing ideological dominance of rights talk and juridification of conflict. Drawing on insights into such processes, this volume explores the extent to which law is used both as a constitutive legitimation of governance and as the medium through which governance processes take place. Highlighting some of the paradoxes and the unintended consequences of these regulating processes and the ensuing dynamics, Rules of Law and Laws of Ruling will be a valuable resource for researchers and students working in the areas of legal anthropology and governance.

Author : Herbert Lionel Adolphus Hart
Publisher : Unknown
Page : 263 pages
File Size : 42,9 Mb
Release : 1986
Category : Jurisprudence
ISBN : OCLC:15927021

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The Concept of Law by Herbert Lionel Adolphus Hart Pdf

Author : Larry Alexander,Emily Sherwin
Publisher : Duke University Press
Page : 289 pages
File Size : 45,7 Mb
Release : 2001-08-06
Category : Law
ISBN : 9780822380023

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The Rule of Rules by Larry Alexander,Emily Sherwin Pdf

Rules perform a moral function by restating moral principles in concrete terms, so as to reduce the uncertainty, error, and controversy that result when individuals follow their own unconstrained moral judgment. Although reason dictates that we must follow rules to avoid destructive error and controversy, rules—and hence laws—are imperfect, and reason also dictates that we ought not follow them when we believe they produce the wrong result in a particular case. In The Rule of Rules Larry Alexander and Emily Sherwin examine this dilemma. Once the importance of this moral and practical conflict is acknowledged, the authors argue, authoritative rules become the central problems of jurisprudence. The inevitable gap between rules and background morality cannot be bridged, they claim, although many contemporary jurisprudential schools of thought are misguided attempts to do so. Alexander and Sherwin work through this dilemma, which lies at the heart of such ongoing jurisprudential controversies as how judges should reason in deciding cases, what effect should be given to legal precedent, and what status, if any, should be accorded to “legal principles.” In the end, their rigorous discussion sheds light on such topics as the nature of interpretation, the ancient dispute among legal theorists over natural law versus positivism, the obligation to obey law, constitutionalism, and the relation between law and coercion. Those interested in jurisprudence, legal theory, and political philosophy will benefit from the edifying discussion in The Rule of Rules.

Author : American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association)
Publisher : American Bar Association
Page : 216 pages
File Size : 54,7 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.

Author : Tom Bingham
Publisher : Penguin UK
Page : 236 pages
File Size : 49,5 Mb
Release : 2011-07-07
Category : Law
ISBN : 9780141962016

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The Rule of Law by Tom Bingham Pdf

'A gem of a book ... Inspiring and timely. Everyone should read it' Independent 'The Rule of Law' is a phrase much used but little examined. The idea of the rule of law as the foundation of modern states and civilisations has recently become even more talismanic than that of democracy, but what does it actually consist of? In this brilliant short book, Britain's former senior law lord, and one of the world's most acute legal minds, examines what the idea actually means. He makes clear that the rule of law is not an arid legal doctrine but is the foundation of a fair and just society, is a guarantee of responsible government, is an important contribution to economic growth and offers the best means yet devised for securing peace and co-operation. He briefly examines the historical origins of the rule, and then advances eight conditions which capture its essence as understood in western democracies today. He also discusses the strains imposed on the rule of law by the threat and experience of international terrorism. The book will be influential in many different fields and should become a key text for anyone interested in politics, society and the state of our world.

Author : Frederick Schauer
Publisher : Clarendon Press
Page : 272 pages
File Size : 50,5 Mb
Release : 1991-08-22
Category : Law
ISBN : 9780191018749

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Playing by the Rules by Frederick Schauer Pdf

This is a philosophical but non-technical analysis of the very idea of a rule. Although focused somewhat on the role of rules in the legal system, it is also relevant to the place of rules in morality, religion, etiquette, games, language, and family governance. In both explaining the idea of a rule and making the case for taking rules seriously, the book is a departure both in scope and in perspective from anything that now exists.

Author : Christopher May,Adam Winchester
Publisher : Edward Elgar Publishing
Page : 576 pages
File Size : 44,5 Mb
Release : 2018-08-31
Category : Law
ISBN : 9781786432445

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Handbook on the Rule of Law by Christopher May,Adam Winchester Pdf

The discussion of the norm of the rule of law has broken out of the confines of jurisprudence and is of growing interest to many non-legal researchers. A range of issues are explored in this volume that will help non-specialists with an interest in the rule of law develop a nuanced understanding of its character and political implications. It is explicitly aimed at those who know the rule of law is important and while having little legal background, would like to know more about the norm.

Author : HLA Hart
Publisher : OUP Oxford
Page : 390 pages
File Size : 50,7 Mb
Release : 2012-10-25
Category : Law
ISBN : 9780191630071

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The Concept of Law by HLA Hart Pdf

Fifty years on from its original publication, HLA Hart's The Concept of Law is widely recognized as the most important work of legal philosophy published in the twentieth century, and remains the starting point for most students coming to the subject for the first time. In this third edition, Leslie Green provides a new introduction that sets the book in the context of subsequent developments in social and political philosophy, clarifying misunderstandings of Hart's project and highlighting central tensions and problems in the work.

Author : Anonim
Publisher : Unknown
Page : 164 pages
File Size : 41,7 Mb
Release : 2001
Category : Electronic
ISBN : OCLC:248265417

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A Consolidation of the Constitution Acts 1867 to 1982 by Anonim Pdf

Author : Fernanda Pirie
Publisher : Basic Books
Page : 546 pages
File Size : 49,8 Mb
Release : 2021-11-09
Category : History
ISBN : 9781541617957

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The Rule of Laws by Fernanda Pirie Pdf

From ancient Mesopotamia to today, the epic story of how humans have used laws to forge civilizations Rulers throughout history have used laws to impose order. But laws were not simply instruments of power and social control. They also offered ordinary people a way to express their diverse visions for a better world. In The Rule of Laws, Oxford scholar Fernanda Pirie traces the rise and fall of the sophisticated legal systems underpinning ancient empires and religious traditions, while also showing how common people—tribal assemblies, merchants, farmers—called on laws to define their communities, regulate trade, and build civilizations. Although legal principles originating in Western Europe now seem to dominate the globe, the variety of the world’s laws has long been almost as great as the variety of its societies. What truly unites human beings, Pirie argues, is our very faith that laws can produce justice, combat oppression, and create order from chaos.

Author : Adam Przeworski,José María Maravall
Publisher : Cambridge University Press
Page : 338 pages
File Size : 54,7 Mb
Release : 2003-07-21
Category : Law
ISBN : 0521532663

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Democracy and the Rule of Law by Adam Przeworski,José María Maravall Pdf

This book addresses the question of why governments sometimes follow the law and other times choose to evade the law. The traditional answer of jurists has been that laws have an autonomous causal efficacy: law rules when actions follow anterior norms; the relation between laws and actions is one of obedience, obligation, or compliance. Contrary to this conception, the authors defend a positive interpretation where the rule of law results from the strategic choices of relevant actors. Rule of law is just one possible outcome in which political actors process their conflicts using whatever resources they can muster: only when these actors seek to resolve their conflicts by recourse to la, does law rule. What distinguishes 'rule-of-law' as an institutional equilibrium from 'rule-by-law' is the distribution of power. The former emerges when no one group is strong enough to dominate the others and when the many use institutions to promote their interest.

Author : Québec (Province)
Publisher : Unknown
Page : 356 pages
File Size : 52,7 Mb
Release : 1889
Category : Law reports, digests, etc
ISBN : HARVARD:HL4GRK

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Civil Code of Lower Canada by Québec (Province) Pdf

Author : Baudouin Dupret,Julie Colemans,Max Travers
Publisher : Routledge
Page : 304 pages
File Size : 47,8 Mb
Release : 2020-12-30
Category : Law
ISBN : 9781000335125

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Legal Rules in Practice by Baudouin Dupret,Julie Colemans,Max Travers Pdf

Understanding legal rules not as determinants of behavior but as points of reference for conduct, this volume considers the ways in which rules are invoked, referred to, interpreted, put forward or blurred. It also asks how both legal practitioners and lay participants conceive of and participate in the construction of facts and rules, and thus, through decisions, defenses, pleas, files, evidence, interviews and documents, actively participate in law’s life. With attention to the formulation of notions such as person, evidence, intention, cause and responsibility in the course of legal practices, Legal Rules in Practice provides the outlines of a praxiological anthropology of law – an anthropology that focuses on words, concepts and reasoning as actively used to solve conflicts with the help of legal rules. As such, it will appeal to sociologists, anthropologists and scholars of law with interests in ethnomethodology, rule-based conduct and practical reasoning.

Author : H. Malcolm MacDonald, Thomas F. Green, Arthur L. Harding, Schuyler W. Jackson
Publisher : Unknown
Page : 112 pages
File Size : 40,9 Mb
Release : 1961
Category : Electronic
ISBN : 8210379456XXX

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The Rule of Law by H. Malcolm MacDonald, Thomas F. Green, Arthur L. Harding, Schuyler W. Jackson Pdf

Author : Jean Gabriel Castel
Publisher : Unknown
Page : 216 pages
File Size : 51,8 Mb
Release : 1978
Category : Conflict of laws
ISBN : UIUC:30112022859455

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Introduction to Conflict of Laws by Jean Gabriel Castel Pdf