The Living Law

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Living Law

Marc Hertogh
Living Law Book PDF

Author : Marc Hertogh
Publisher : Bloomsbury Publishing
Page : 292 pages
File Size : 41,6 Mb
Release : 2008-12-13
Category : Law
ISBN : 9781847314772

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Living Law by Marc Hertogh Pdf

This collection of essays is the first edited volume in the English language which is entirely dedicated to the work of Eugen Ehrlich. Eugen Ehrlich (1862-1922) was an eminent Austrian legal theorist and professor of Roman law. He is considered by many as one of the 'founding fathers' of modern sociology of law. Although the importance of his work (including his concept of 'living law') is widely recognised, Ehrlich has not yet received the serious international attention he deserves. Therefore, this collection of essays is aimed at 'reconsidering' Eugen Ehrlich by bringing together an interdisciplinary group of leading international experts to discuss both the historical and theoretical context of his work and its relevance for contemporary law and society scholarship. This book has been divided into four parts. Part I of this volume paints a lively picture of the Bukowina, in southeastern Europe, where Ehrlich was born in 1862. Moreover it considers the political and academic atmosphere at the end of the nineteenth century. Part II discusses the main concepts and ideas of Ehrlich's sociology of law and considers the reception of Ehrlich's work in the German speaking world, in the United States and in Japan. Part III of this volume is concerned with the work of Ehrlich in relation to that of some his contemporaries, including Roscoe Pound, Hans Kelsen and Cornelis van Vollenhoven. Part IV focuses on the relevance of Ehrlich's work for current socio-legal studies. This volume provides both an introduction to the important and innovative scholarship of Eugen Ehrlich as well as a starting point for further reading and discussion.

The Living Law

Justice J.O. Pedro
The Living Law Book PDF

Author : Justice J.O. Pedro
Publisher : AuthorHouse
Page : 235 pages
File Size : 45,5 Mb
Release : 2018-10-17
Category : Law
ISBN : 9781546257837

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The Living Law by Justice J.O. Pedro Pdf

Hon Justice Jumoke Pedro attended the University of Lagos Nigeria where she passed out with a 2nd class upper degree in Law in 1980. She was called to the Nigerian Bar in July 1981 to practice as a Barrister and Solicitor of the Supreme Court. After her NYSC service with the MilitaryPolice in 1982, She practised briefly with the law firm of Akin Olugbade and Co. for two years. In 1984 she joined the Lagos State Judiciary as a Magistrate and rose through the bench to become a Chief Magistrate. She was later appointed as Registrar of Titles at the Land Registry Lagos. In 1999 she was appointed the Chief Registrar of the High Court Lagos She was appointed a Judge of the High Court Lagos in year 2001. Her Lordship is a Christian and is married to Olufemi Pedro a former Deputy Governor of Lagos state and they are blessed with four children. Her Lordship is a Deaconess and, a Chancellor. She is a member of the CIARB England and a certified Mediator. She is also a member of Olave Baden Powell Society and National Association Of Women Judges in Nigeria.

Indigenous Peoples, Customary Law and Human Rights - Why Living Law Matters

Brendan Tobin
Indigenous Peoples Customary Law and Human Rights Why Living Law Matters Book PDF

Author : Brendan Tobin
Publisher : Routledge
Page : 361 pages
File Size : 45,8 Mb
Release : 2014-08-27
Category : Law
ISBN : 9781317697534

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Indigenous Peoples, Customary Law and Human Rights - Why Living Law Matters by Brendan Tobin Pdf

This highly original work demonstrates the fundamental role of customary law for the realization of Indigenous peoples’ human rights and for sound national and international legal governance. The book reviews the legal status of customary law and its relationship with positive and natural law from the time of Plato up to the present. It examines its growing recognition in constitutional and international law and its dependence on and at times strained relationship with human rights law. The author analyzes the role of customary law in tribal, national and international governance of Indigenous peoples’ lands, resources and cultural heritage. He explores the challenges and opportunities for its recognition by courts and alternative dispute resolution mechanisms, including issues of proof of law and conflicts between customary practices and human rights. He throws light on the richness inherent in legal diversity and key principles of customary law and their influence in legal practice and on emerging notions of intercultural equity and justice. He concludes that Indigenous peoples’ rights to their customary legal regimes and states’ obligations to respect and recognize customary law, in order to secure their human rights, are principles of international customary law, and as such binding on all states. At a time when the self-determination, land, resources and cultural heritage of Indigenous peoples are increasingly under threat, this accessible book presents the key issues for both legal and non-legal scholars, practitioners, students of human rights and environmental justice, and Indigenous peoples themselves.

Living Law

Miguel Vatter
Living Law Book PDF

Author : Miguel Vatter
Publisher : Oxford University Press, USA
Page : 361 pages
File Size : 42,5 Mb
Release : 2021
Category : Law
ISBN : 9780197546505

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Living Law by Miguel Vatter Pdf

"In his 1935 treatise on divine sovereignty, the Jewish philosopher Martin Buber introduced the idea of an 'anarchic soul of theocracy.' A decade before, the German jurist Carl Schmitt had coined the term 'political theology' in order to designate the Christian theological foundations of modern sovereignty and legal order. In a specular and opposite gesture, Buber argued that the covenant at Sinai established YHWH as the King of the Israelites and simultaneously promulgated the principle that no human being could become sovereign over this people. In so doing, Buber offered an interpretation of Jewish theocracy that is both republican and anarchic. Republican because, by pivoting on the idea that democracy is a function of a people's fidelity to a prophetic higher law, theocracy displaces the central role of the human sovereign. Anarchic because this divine law is saturated with the messianic aim to put an end to relations of domination between peoples. In this book I show that this republican and anarchic articulation of the discourse of political theology characterises the development of Jewish political theology in the 20th century from Hermann Cohen to Hannah Arendt"--

Living Law

Roger Cotterrell
Living Law Book PDF

Author : Roger Cotterrell
Publisher : Routledge
Page : 564 pages
File Size : 47,9 Mb
Release : 2017-07-05
Category : Law
ISBN : 9781351559980

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Living Law by Roger Cotterrell Pdf

Living Law presents a comprehensive overview of relationships between legal and social theory, and of current approaches to the sociological study of legal ideas. It explores the nature of legal theory and sociolegal studies today as teaching and research fields, and the work of many of the major sociolegal theorists. In addition, it sets out the author's distinctive approach to sociological analysis of law, applying this in a range of studies in specific legal fields, such as the law of contract, property and trusts, constitutional analysis, and comparative law.

Law and Justice in Community

Garrett Barden,Tim Murphy
Law and Justice in Community Book PDF

Author : Garrett Barden,Tim Murphy
Publisher : Oxford University Press
Page : 302 pages
File Size : 42,5 Mb
Release : 2010-08-19
Category : Law
ISBN : 9780199592685

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Law and Justice in Community by Garrett Barden,Tim Murphy Pdf

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.

Set in Stone

Osher Chaim Levene
Set in Stone Book PDF

Author : Osher Chaim Levene
Publisher : Unknown
Page : 384 pages
File Size : 51,9 Mb
Release : 2004
Category : Religion
ISBN : STANFORD:36105119410954

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Set in Stone by Osher Chaim Levene Pdf

Brought down in fire and set in stone, the commandments are inscribed, too, in the soul of every Jew. This fascinating work reveals the magnificence of Jewish living as experienced through mitzvah observance. The author presents profound insights into many of the commandments that define and enrich Jewish life. Topics include: tzitzis, mikveh, arbah minim, kashrus, and lashon hara.

Working with the Law

Raymond Holliwell
Working with the Law Book PDF

Author : Raymond Holliwell
Publisher : DeVorss & Company
Page : 184 pages
File Size : 41,5 Mb
Release : 1985-01-03
Category : Body, Mind & Spirit
ISBN : 8210379456XXX

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Working with the Law by Raymond Holliwell Pdf

Science has defined a variety of natural laws that explain the physical world and how it changes. One such law states that for every action there is a reaction, and that for every motion there is corresponding counter-motion. Whether it’s visible to the human eye or not, one thing is certain – movement and change will occur as a result. Having studied these principles, author Raymond Holliwell not only understood the universal physical applications, he also understood the spiritual and mental applications as well. By using this law on a spiritual and mental level, Holliwell found that a specific thought could create a desired reaction in his personal and professional life through continual and dedicated practice. As he came to realize the expanded potential of this powerful law, he eventually recognized the ultimate source of the dramatic results – God.

Living Letters of the Law

Jeremy Cohen
Living Letters of the Law Book PDF

Author : Jeremy Cohen
Publisher : Univ of California Press
Page : 478 pages
File Size : 42,6 Mb
Release : 1999-11-11
Category : History
ISBN : 0520218701

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Living Letters of the Law by Jeremy Cohen Pdf

"Well, clearly, and articulately written, Living Letters of the Law is among the most important books in medieval European history generally, as well as in its particular field."—Edward Peters, author of The First Crusade

Living the Law of One 101

Carla L Rueckert
Living the Law of One 101 Book PDF

Author : Carla L Rueckert
Publisher : Unknown
Page : 318 pages
File Size : 42,5 Mb
Release : 2014-06-03
Category : Electronic
ISBN : 0945007213

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Living the Law of One 101 by Carla L Rueckert Pdf

Written with the intent of creating an entry-level, simple to read report concerning the core principles of the Law of One and Confederation philosophy in general, this book takes the reader through a discussion of Law of One principles such as unity, free will, love, light and polarity. It then works with the Confederation version of the concept that each person has an energy body with seven chakras. It discusses this concept and its implications for the seeker, chakra by chakra. It turns the player into a Player! This is a light-hearted book about the Game of Life. It is an easy read, and yet the principles of the Law of One are not simplified. Rather, they are offered in an order which makes coherent sense. Principle builds upon principle to offer an overall view of Confederation philosophy which is a bit easier to grasp as a whole than the original Law of One books, where the question-and-answer format offers the same information in a somewhat fragmented form, although with endless interest. If you would like to play the Game of Life with Carla, please give this book a try!

The Living Constitution

David A. Strauss
The Living Constitution Book PDF

Author : David A. Strauss
Publisher : Oxford University Press
Page : 176 pages
File Size : 42,9 Mb
Release : 2010-05-19
Category : Law
ISBN : 0199752532

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The Living Constitution by David A. Strauss Pdf

Supreme Court Justice Antonin Scalia once remarked that the theory of an evolving, "living" Constitution effectively "rendered the Constitution useless." He wanted a "dead Constitution," he joked, arguing it must be interpreted as the framers originally understood it. In The Living Constitution, leading constitutional scholar David Strauss forcefully argues against the claims of Scalia, Clarence Thomas, Robert Bork, and other "originalists," explaining in clear, jargon-free English how the Constitution can sensibly evolve, without falling into the anything-goes flexibility caricatured by opponents. The living Constitution is not an out-of-touch liberal theory, Strauss further shows, but a mainstream tradition of American jurisprudence--a common-law approach to the Constitution, rooted in the written document but also based on precedent. Each generation has contributed precedents that guide and confine judicial rulings, yet allow us to meet the demands of today, not force us to follow the commands of the long-dead Founders. Strauss explores how judicial decisions adapted the Constitution's text (and contradicted original intent) to produce some of our most profound accomplishments: the end of racial segregation, the expansion of women's rights, and the freedom of speech. By contrast, originalism suffers from fatal flaws: the impossibility of truly divining original intent, the difficulty of adapting eighteenth-century understandings to the modern world, and the pointlessness of chaining ourselves to decisions made centuries ago. David Strauss is one of our leading authorities on Constitutional law--one with practical knowledge as well, having served as Assistant Solicitor General of the United States and argued eighteen cases before the United States Supreme Court. Now he offers a profound new understanding of how the Constitution can remain vital to life in the twenty-first century.

African Customary Justice

Pnina Werbner,Richard Werbner
African Customary Justice Book PDF

Author : Pnina Werbner,Richard Werbner
Publisher : Unknown
Page : 128 pages
File Size : 46,9 Mb
Release : 2021
Category : Customary law
ISBN : 1032149469

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African Customary Justice by Pnina Werbner,Richard Werbner Pdf

This book presents an important ethnographic and theoretical advance in legal anthropological scholarship by interrogating customary law, customary courts and legal pluralism in sub-Saharan Africa. It highlights the vitality and continued relevance of customary justice at a time when customary courts have waned or even disappeared in many postcolonial African nations. Taking Botswana as a casestudy from in-depth fieldwork over a fifty-year period, the book shows, the 'customary' is robustly enduring, central to settling interpersonal disputes and constitutive of the local as well as the national public ethics. Customary law continues to be constitutionally protected, authorised by the country's past as an authentic, viable legacy, from the British colonial period of indirect rule, to the postcolony's present development as a highly bureaucratised democracy. Along with a theoretical overview of the underlying issues for the anthropology and sociology of law, the book documents customary law as living law in the context of legal pluralism. It takes a legal realist approach and highlights the need to pay close attention to the lived experience of justice and its role in the production of legal subjectivities. The book will be valuable to Africanists but also, more broadly, to social scientists, social historians and socio-legal scholars with interests in law and social change, public ethics and personal morality, and the intersection of politics and judicial decision-making.

Kayanerenkó:wa

Kayanesenh Paul Williams
Kayanerenk wa Book PDF

Author : Kayanesenh Paul Williams
Publisher : Univ. of Manitoba Press
Page : 454 pages
File Size : 45,9 Mb
Release : 2018-10-26
Category : Law
ISBN : 9780887555541

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Kayanerenkó:wa by Kayanesenh Paul Williams Pdf

Several centuries ago, the five nations that would become the Haudenosaunee — Mohawk, Oneida, Onondaga, Cayuga, and Seneca — were locked in generations-long cycles of bloodshed. When they established Kayanerenkó:wa, the Great Law of Peace, they not only resolved intractable coinflicts, but also shaped a system of law and government that would maintain peace for generations to come. This law remains in place today in Haudenosaunee communities: an Indigenous legal system, distinctive, complex, and principled. It is not only a survivor, but a viable alternative to Euro-American systems of law. With its emphasis on lasting relationships, respect for the natural world, building consensus, and on making and maintaining peace, it stands in contrast to legal systems based on property, resource exploitation, and majority rule. Although Kayanerenkó:wa has been studied by anthropologists, linguists, and historians, it has not been the subject of legal scholarship. There are few texts to which judges, lawyers, researchers, or academics may refer for any understanding of specific Indigenous legal systems. Following the United Nations Declaration on the Rights of Indigenous Peoples, and a growing emphasis on reconciliation, Indigenous legal systems are increasingly relevant to the evolution of law and society. In Kayanerenkó:wa Great Law of Peace Kayanesenh Paul Williams, counsel to Indigenous nations for forty years, with a law practice based in the Grand River Territory of the Six Nations, brings the sum of his experience and expertise to this analysis of Kayanerenkó:wa as a living, principled legal system. In doing so, he puts a powerful tool in the hands of Indigenous and settler communities.

Fundamental Principles of the Sociology of Law

Eugen Ehrlich,Roscoe Pound,Klaus A. Ziegert
Fundamental Principles of the Sociology of Law Book PDF

Author : Eugen Ehrlich,Roscoe Pound,Klaus A. Ziegert
Publisher : Transaction Pub
Page : 539 pages
File Size : 48,8 Mb
Release : 1936
Category : Education
ISBN : 0765807017

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Fundamental Principles of the Sociology of Law by Eugen Ehrlich,Roscoe Pound,Klaus A. Ziegert Pdf

The innovative and revolutionary scholarship of the eminent Austrian legal theorist and professor of Roman law, Eugen Ehrlich (1862-1922) is of a very high caliber. His work has not only held its place well in view of what legal theory, especially sociological legal theory, has to offer, but is also still a powerful challenge to positions in legal theory that are no longer defensible. The sociology of law has followed in a direct line of succession from Ehrlich's observations and ideas as a new and special discipline linking jurisprudence with sociology. Because Ehrlich's texts in English have long been unavailable, many of his ideas, while commonplace in sociological research and theory, are not commonly attributed to his work. The new introduction by Klaus Ziegert addresses some of the reasons Ehrlich has been overlooked in the literature. In so doing, Siegert to sketches the context in which Ehrlich worked and discusses his major tenets. Among the topics covered in Ziegert's substantial introduction to this volume is the current relevance of Ehrlich's work. He also addresses the key issues in socio-legal theory and methodology, which were touched upon by Ehrlich and are still very much at the cutting edge of socio-legal research and a sociological theory of law. This book will be of keen interest to students of sociological theory and law.

Genocide Never Sleeps

Nigel Eltringham
Genocide Never Sleeps Book PDF

Author : Nigel Eltringham
Publisher : Cambridge University Press
Page : 235 pages
File Size : 49,8 Mb
Release : 2019-09-12
Category : Law
ISBN : 9781108485593

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Genocide Never Sleeps by Nigel Eltringham Pdf

This is the first comprehensive ethnographic account of an international criminal court, the International Criminal Tribunal for Rwanda.