Download Full eBooks in PDF
The French Institutionalists Maurice Hauriou Georges Renard Joseph T Delos Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of The French Institutionalists Maurice Hauriou Georges Renard Joseph T Delos book. This book definitely worth reading, it is an incredibly well-written.
Author : Albert Broderick
Publisher : Unknown
Page : 370 pages
File Size : 44,9 Mb
Release : 1970
Category : Constitutional law
ISBN : LCCN:76099514
Author : Maurice Hauriou,Georges Renard,Joseph Thomas Delos
Publisher : Cambridge : Harvard University Press
Page : 408 pages
File Size : 49,6 Mb
Release : 1970
Category : Law
ISBN : PSU:000015532831
In tracing the evolution of the institutional conception of positive law, this volume makes an important contribution to the study of positive law. It also provides the first extensive translation of important writings on the theory of the institution, which has had continuing influence in France but has been known only by repute in English-speaking countries. Supplementing the selections from the most significant works of Hauriou, Renard, and Delos are critiques that provide a contemporary focus to institutionalist thought. They include pieces by the noted jurists Jean Brèthe de la Gressaye, André Hauriou (the son), François and Bernard Geny, and Marcel Waline, as well as a retrospective essay prepared by Delos especially for this volume. The writings themselves range over a number of areas--sociology, psychology, law, and philosophy--and they cover such subjects as juridical method, public law, individual rights and the state, Hauriou's famous "Notes" on decisions of the Conseil d'Etat, natural law, and the social order.
Author : Maurice Hauriou,Georges Renard,Joseph Thomas Delos
Publisher : Cambridge : Harvard University Press
Page : 408 pages
File Size : 49,7 Mb
Release : 1970
Category : Jurisprudence
ISBN : UOM:39076005989129
In tracing the evolution of the institutional conception of positive law, this volume makes an important contribution to the study of positive law. It also provides the first extensive translation of important writings on the theory of the institution, which has had continuing influence in France but has been known only by repute in English-speaking countries. Supplementing the selections from the most significant works of Hauriou, Renard, and Delos are critiques that provide a contemporary focus to institutionalist thought. They include pieces by the noted jurists Jean Brèthe de la Gressaye, André Hauriou (the son), François and Bernard Geny, and Marcel Waline, as well as a retrospective essay prepared by Delos especially for this volume. The writings themselves range over a number of areas--sociology, psychology, law, and philosophy--and they cover such subjects as juridical method, public law, individual rights and the state, Hauriou's famous "Notes" on decisions of the Conseil d'Etat, natural law, and the social order.
Author : Martin Loughlin
Publisher : Oxford University Press
Page : 240 pages
File Size : 44,7 Mb
Release : 2017-12-08
Category : Law
ISBN : 9780192538383
Political jurisprudence is the branch of jurisprudence that treats law as an aspect of human experience called 'the political'. This is an approach that many contemporary jurists, those whose work presupposes the autonomy of legal order, tend to suppress. In this book, Martin Loughlin assesses the contribution made by political jurists and explains its contemporary significance. Political jurists maintain that the essential characteristics of modern legal order can only be revealed by considering how political authority is constituted. The political is orientated to the fact that people are organized into territorially-bounded units within which authoritative governing arrangements have been established, but the authority of this way of viewing the world is strengthened only through institution-building. Law may be an aspect of the political, but to perform its authority-generating functions effectively it must operate relatively autonomously. The political and the legal operate relationally, without one being reduced to the other. Loughlin introduces the rich literature of political jurisprudence through essays on innovative political jurists such as Hobbes, Burke, Constant, Romano, and Schmitt, and on such central themes as political right, institutionalism, constitutional legality, and reason of state. Building on his earlier books, The Idea of Public Law (OUP 2003) and Foundations of Public Law (OUP 2010), this collection extends his account of this influential strand of European legal thought.
Author : Anonim
Publisher : Dorrance Publishing
Page : 120 pages
File Size : 40,8 Mb
Release : 2024-07-03
Category : Electronic
ISBN : 9781434945426
Author : Jacques Lezra
Publisher : Fordham Univ Press
Page : 209 pages
File Size : 54,5 Mb
Release : 2024-03-05
Category : Political Science
ISBN : 9781531506926
Defective Institutions overturns the basis of institutionalism. Faith in classic institutions—exposed as clamorously inadequate by the failure of governance under neoliberalism--does not result in greater democracy, greater horizontality, or more equitable living. Nor does trust in the standing of decisions, in the authority of antecedent cases, in the coherence, strength, continuity, or solidity of the institutions that frame and render legitimate these decisions and the rules they buttress. To the contrary: the classically-imagined institution and our faith in it lie at the heart of neoliberal unfreedom and racialized violence. Working at the point of contact and conflict between socialist and anarcho-philosophical traditions, Defective Institutions offers an alternative, which is also an alternative to the figures of governance associated with the liberal conception of the state: an aberrant republicanism comprised of defective institutions, run through with the necessity of their abolition. Lezra’s book moves from the primitive scenes of Western political institution—the city; the family; the university; the first person; “race”—through recent work in the philosophy of translation, decolonial studies, abolitionism, Afropessimism and its critiques, psvchoanalysis, and musicology. To offer an original wedding of abolition and institution, Lezra brings together genealogies of contemporary institutionalism (from Durkheim and Hauriou to Searle); post-Marxist accounts of the state (Balibar, Abensour); philosophical and anthropological anarchism (Wolff, Malabou, Graeber, Scott); critical legal theory (analyses of Marbury v. Madison as well as Dobbs v. Jackson); continental and analytic versions and critiques of foundationalism (Heidegger, Lyotard and Butler; Quine, Searle and Fine); and political and sociological abolitionism (Lewis, O’Brien). At a time when some call for strengthening institutions and for defending liberties ostensibly protected by such institutions, and others long for the destruction of institutions that have long been oppressive, Lezra’s book offers today’s Left a new framework for confronting institutions’ necessity and their necessary abolition.
Author : Patrick S. Nash
Publisher : Cambridge University Press
Page : 325 pages
File Size : 44,6 Mb
Release : 2022-01-27
Category : Law
ISBN : 9781108493918
Based on author's thesis (doctoral - University of Bristol, 2017) issued under title: How should English law relate to Islam?
Author : Alexander Somek
Publisher : Bloomsbury Publishing
Page : 192 pages
File Size : 47,7 Mb
Release : 2021-08-26
Category : Law
ISBN : 9781509951314
This book provides a selective and somewhat cheeky account of prominent positions in legal theory, such as American legal realism, modern legal positivism, sociological systems theory, institutionalism and critical legal studies. It presents a relational approach to law and a new perspective on legal sources. The book explores topics of legal theory in a playful manner. It is written and composed in a way that refutes the widespread prejudice that legal theory is a dreary subject, with a cast of characters that occasionally interact in order to illustrate the claims of the book. Legal experts claim to know what the law is. Legal theory-or jurisprudence-explores whether such claims are warranted. The discipline first emerged at the turn of the 20th century, when the self-confidence of both legal scholarship and judicial craftsmanship became severely shattered, but the crisis continues to this day.
Author : Santi Romano
Publisher : Taylor & Francis
Page : 180 pages
File Size : 46,7 Mb
Release : 2017-07-14
Category : Law
ISBN : 9781351674393
First published in 1917 (Part 1) and 1918 (Part 2), with a second edition in 1946, this is the first English translation of Santi Romano’s classic work, L’ordinamento giuridico (The Legal Order). The main focus of The Legal Order is the notion of institution, which Romano considers to be both the core and distinguishing feature of law. After criticising accounts of the nature of law centred on notions of rule, coercion or authority, he offers a compelling conception, not merely of law as an institution, but of the institution as ‘the first, original and essential manifestation of law’. Romano advances a definition of a legal institution as any group who share rules within a bounded context: for example, a family, a firm, a factory, a prison, an association, a church, an illegal organisation, a state, the community of states, and so on. Therefore, this understanding of legal institutionalism at the same time provides a ground-breaking theory of legal pluralism whereby ‘there are as many legal orders as institutions’. The acme of a jurisprudential current long overlooked in the Anglophone environment (Romano’s work is highly regarded in France, Germany, Spain and South America, as well as in Italy), The Legal Order not only proposes what Carl Schmitt described as a ‘very significant theory’. More importantly, it offers precious insights for a thorough rethinking of the relationship between law and society in today’s world.
Author : Maurice Adams,Anne Meuwese,Ernst Hirsch Ballin
Publisher : Cambridge University Press
Page : 559 pages
File Size : 41,9 Mb
Release : 2017-02-02
Category : Law
ISBN : 9781107151857
An exploration of how rule of law and constitutional ideals inform, and are informed by, political realities.
Author : George Weisz
Publisher : Princeton University Press
Page : 414 pages
File Size : 41,7 Mb
Release : 2014-07-14
Category : Education
ISBN : 9781400857418
George Weisz offers a comprehensive analysis of the French university system during the latter half of the nineteenth and early twentieth centuries. Examining the major reforms of higher education undertaken during the Third Republic, he argues that the original thrust for reform came from within the educational system, especially from an academic profession seeking to raise its occupational status. Originally published in 1983. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Author : Martin Loughlin
Publisher : OUP Oxford
Page : 528 pages
File Size : 40,8 Mb
Release : 2012-09-27
Category : Law
ISBN : 9780191648175
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 : Marise Cremona,Anne Thies
Publisher : Bloomsbury Publishing
Page : 300 pages
File Size : 52,6 Mb
Release : 2014-09-25
Category : Law
ISBN : 9781782253259
This edited collection appraises the role, self-perception, reasoning and impact of the European Court of Justice on the development of European Union (EU) external relations law. Against the background of the recent recasting of the EU Treaties by the Treaty of Lisbon and at a time when questions arise over the character of the Court's judicial reasoning and the effect of international legal obligations in its case law, it discusses the contribution of the Court to the formation of the EU as an international actor and the development of EU external relations law, and the constitutional challenges the Court faces in this context. To what extent does the position of the Court contribute to a specific conception of the EU? How does the EU's constitutional order, as interpreted by the Court, shape its external relations? The Court still has only limited jurisdiction over the EU's Common Foreign and Security Policy: why has this decision been taken, and what are its implications? And what is the Court's own view of the relationship between court(s) and foreign policy, and of its own relationship with other international courts? The contributions to this volume show that the Court's influence over EU external relations derives first from its ability to shape and define the external competence of the EU and resulting constraints on the Member States, and second from its insistence on the autonomy of the EU legal order and its role as 'gatekeeper' to the entry and effect of international law into the EU system. It has not - in the external domain - overtly exerted influence through shaping substantive policy, as it has, for example, in relation to the internal market. Nevertheless the rather 'legalised' nature of EU external relations and the significance of the EU's international legal commitments mean that the role of the Court of Justice is more central than that of a national court with respect to the foreign policy of a nation state. And of course its decisions can nonetheless be highly political.
Author : Library of Congress. Copyright Office
Publisher : Copyright Office, Library of Congress
Page : 1938 pages
File Size : 55,9 Mb
Release : 1973
Category : Copyright
ISBN : STANFORD:36105006357201
Author : Artemy Magun
Publisher : Rowman & Littlefield
Page : 297 pages
File Size : 48,5 Mb
Release : 2020-08-04
Category : Philosophy
ISBN : 9781786614841
The state has been a dominant political form, and the preferred model of political unity , for at least the last two centuries. However, many today speak of its crisis, which stems from two main factors: the state’s changing role in the globalizing international system and the state’s complex relation to democracy, a key normative concept of contemporary politics. Authoritarian leaders use the state to successfully reaffirm sovereignty, despite international integration; democratic movements abound but often serve only to reinforce the regimes they contest. Is there an alternative? Do we need to reconceive the phenomenon of state, with a view to the future? These are the questions that an international group of scholars explores and answers in this groundbreaking book, drawing on the history of political thought, continental philosophy, and contemporary political examples. They engage the dialectical tradition broadly understood, including phenomenological transcendentalism, the political philosophy of French public law, and German twentieth-century political philosophy beyond Weber. The result brings the state into a critical political philosophy, providing a realistic model of what a good democratic state could and should be like.