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Author : William Hurst
Publisher : Cambridge University Press
Page : 321 pages
File Size : 44,5 Mb
Release : 2018-04-19
Category : Law
ISBN : 9781108427203
Building on extensive fieldwork in China and Indonesia, Hurst offers a valuable comparison of legal systems in practice.
Author : Adam Przeworski,José María Maravall
Publisher : Cambridge University Press
Page : 338 pages
File Size : 50,5 Mb
Release : 2003-07-21
Category : Law
ISBN : 0521532663
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 : Michael Huemer
Publisher : Springer Nature
Page : 375 pages
File Size : 49,9 Mb
Release : 2021-09-06
Category : Philosophy
ISBN : 9783030675431
America’s legal system harbors serious, widespread injustices. Many defendants are sent to prison for nonviolent offenses, including many victimless crimes. Convicts often serve draconian sentences in crowded prisons rife with abuse. Almost all defendants are convicted without trial because prosecutors threaten defendants with drastically higher sentences if they request a trial. Most Americans are terrified of encountering any kind of legal trouble, knowing that both civil and criminal courts are extremely slow, unreliable, and expensive to use. This book explores the largest injustices in the legal system and what can be done about them. Besides proposing institutional reforms, the author argues that prosecutors, judges, lawyers, and jury members ought to place justice before the law – for example, by refusing to enforce unjust laws or impose unjust sentences. Issues addressed include: · The philosophical basis for judgments about rights and justice · The problems of overcriminalization and mass incarceration · Abuse of power by police and prosecutors · The injustice of plea bargaining · The appropriateness of jury nullification · The authority of the law, or the lack thereof Justice Before the Law is essential reading for everyone interested in legal ethics, the rule of law, and criminal justice. It is also ideal for students of legal philosophy.
Author : A. James McAdams
Publisher : Unknown
Page : 344 pages
File Size : 53,9 Mb
Release : 1997
Category : Crimes against humanity
ISBN : UOM:49015003418283
This is the first focused study on the relationship between the use of national courts to pursue retrospective justice and the construction of viable democracies. Included in this interdisciplinary volume are fascinating, detailed essays on the experiences of eight countries: Argentina, Bolivia, Chile, Germany, Greece, Hungary, Poland, and South Africa. According to the contributors, the most important lesson for leaders of new democracies, who are wrestling with the human rights abuses of past dictatorships, is that they have many options. Democratizing regimes are well-advised to be attentive to the significant political, ethical, and legal constraints that may limit their ability to achieve retribution for past wrongs. On prudential ground alone, some fledgling regimes will have no choice but to restrain their desire for punishment in the interest of political survival. However, it would be incorrect to think that all new democracies are therefore bereft of the political and legal resources needed to bring the perpetrators of egregious human rights violations to justice. In many instances, governments have overcome the obstacles before them and, by appealing to both national and international legal standards, have brought their former dictators to trial. When these judicial proceedings have been properly conducted and insulated from partisan political pressures, they have provided tangible evidence of the guiding principles-equality, fairness, and the rule of law-that are essential to the post-authoritarian order. This collection shows that the quest for transitional justice has amounted to something more than merely a break with the past--it constitutes a formative act which directly affects the quality and credibility of democratic institutions.
Author : American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association)
Publisher : American Bar Association
Page : 216 pages
File Size : 40,5 Mb
Release : 2007
Category : Law
ISBN : 1590318730
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 : Peter J. Boettke,Alexander William Salter,Daniel J. Smith
Publisher : Cambridge University Press
Page : 213 pages
File Size : 41,8 Mb
Release : 2021-06-03
Category : Business & Economics
ISBN : 9781108479844
A novel argument that shows how rules work better than discretion when implementing monetary policy.
Author : Matthieu Burnay
Publisher : Edward Elgar Publishing
Page : 336 pages
File Size : 52,6 Mb
Release : 2018-07-27
Category : Law
ISBN : 9781788112390
This insightful book investigates the historical, political, and legal foundations of the Chinese perspectives on the rule of law and the international rule of law. Building upon an understanding of the rule of law as an 'essentially contested concept', this book analyses the interactions between the development of the rule of law within China and the Chinese contribution to the international rule of law, more particularly in the areas of global trade and security governance.
Author : Christina Voigt
Publisher : Cambridge University Press
Page : 128 pages
File Size : 44,5 Mb
Release : 2013-11-21
Category : Law
ISBN : 9781107513211
'Human laws must be reformulated to keep human activities in harmony with the unchanging and universal laws of nature.' This 1987 statement by the World Commission on Environment and Development has never been more relevant and urgent than it is today. Despite the many legal responses to various environmental problems, more greenhouse gases than ever before are being released into the atmosphere, biological diversity is rapidly declining and fish stocks in the oceans are dwindling. This book challenges the doctrinal construction of environmental law and presents an innovative legal approach to ecological sustainability: a rule of law for nature which guides and transcends ordinary written laws and extends fundamental principles of respect, integrity and legal security to the non-human world.
Author : Sherif Elgebeily
Publisher : Routledge
Page : 221 pages
File Size : 55,6 Mb
Release : 2017-03-31
Category : Law
ISBN : 9781315413433
The UN Security Council is entrusted under the UN Charter with primary responsibility for the maintenance and restoration of the international peace; it is the only body with the power to authorise military intervention legally and impose international sanctions where it decides. However, its decision-making process has hitherto been obscure and allegations of political bias have been made against the Security Council in its responses to potential international threats. Despite the rule of law featuring on the Security Council’s agenda for over a decade and a UN General Assembly declaration in 2012 establishing that the rule of law should apply internally to the UN, the Security Council has yet to formulate or incorporate a rule of law framework that would govern its decision-making process. This book explains the necessity of a rule of law framework for the Security Council before analysing existing literature and UN documents on the domestic and international rule of law in search of concepts suitable for transposition to the arena of the Security Council. It emerges with eight core components, which form a bespoke rule of law framework for the Security Council. Against this framework, the Security Council’s decision-making process since the end of the Cold War is meticulously evaluated, illustrating explicitly where and how the rule of law has been undermined or neglected in its behaviour. Ultimately, the book concludes that the Security Council and other bodies are unwilling or unable adequately to regulate the decision-making process against a suitable rule of law framework, and argues that there exists a need for the external regulation of Council practice and judicial review of its decisions.
Author : John Lescroart
Publisher : Simon and Schuster
Page : 432 pages
File Size : 49,7 Mb
Release : 2022-08-23
Category : Fiction
ISBN : 9781982187880
"Dismas Hardy knows something is amiss with his trusted secretary, Phyllis. Her out-of-character behavior and sudden disappearances concern Hardy, especially when he learns that her convict brother--a man who had served twenty-five years in prison for armed robbery and attempted murder--has just been released. Things take a shocking turn with Phyllis is suddenly arrested at work for allegedly being an accessory to the murder of Hector Valdez, a coyote who'd been smuggling women into this country from El Salvador and Mexico. That is, until recently, when he was shot to death--on the very same day that Phyllis first disappeared from work. The connection between Phyllis, her brother, and Hector's murder is not something Dismas can easily understand, but if his cherished colleague has any chance of going free, he needs to put all the pieces together--and fast"--
Author : Oliver Wendell Holmes
Publisher : Good Press
Page : 337 pages
File Size : 40,8 Mb
Release : 2019-11-19
Category : Law
ISBN : EAN:4057664139382
'The Common Law' is a book that was written by Oliver Wendell Holmes Jr., 21 years before Holmes became an Associate Justice of the Supreme Court of the United States. The book is about common law in the United States, including torts, property, contracts, and crime. It is written as a series of lectures. One of the most famous aphorisms to be drawn from this book occurs on the first page: "The life of the law has not been logic: it has been experience."
Author : Tom Bingham
Publisher : Penguin UK
Page : 236 pages
File Size : 46,9 Mb
Release : 2011-07-07
Category : Law
ISBN : 9780141962016
'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 : Sławomir Redo
Publisher : Rowman & Littlefield
Page : 403 pages
File Size : 41,5 Mb
Release : 2022-03-22
Category : Law
ISBN : 9781666911572
The international rule of law is in retreat amid populism, climate change, and migration shifts which may soon shift the global balance of power, prompting international crisis. This global fate is preventable only by the improvement of the global rule of law, education, and public awareness of international diplomacy and security issues.
Author : Christopher May,Adam Winchester
Publisher : Edward Elgar Publishing
Page : 576 pages
File Size : 47,9 Mb
Release : 2018-08-31
Category : Law
ISBN : 9781786432445
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 : August Reinisch,Professor of International and European Law August Reinisch,Professor of International and Economic Law and Governance Stephan W Schill,Stephan W. Schill
Publisher : Oxford University Press
Page : 417 pages
File Size : 42,9 Mb
Release : 2023-02-03
Category : Law
ISBN : 9780192864581
This thoughtfully edited volume brings together leading scholars in the field to explore the relationship between the substantive standards of treatment contained in international investment agreements and the rule of law, which is developing into one of the key principles which both supporters and critics use to evaluate the investment treaty regime. Investment Protection Standards and the Rule of Law explores two perspectives. Firstly, it examines to what extent the substantive standards of treatment can be understood as expressions of the rule of law. Secondly, it addresses the rule-of-law problems, or rule-of-law lacunae, that exist in, or are created by, the application of these standards. The subject matter is advanced by combining doctrinal analysis of the core substantive treatment standards, as well as normative assessment of those standards from the perspective of the rule of law. This book also offers a critical discussion of the potential the rule of law has as a guidepost for structuring international investment relations, as well as its blind spots.