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Author : David Dyzenhaus
Publisher : Cambridge University Press
Page : 491 pages
File Size : 46,9 Mb
Release : 2022-01-27
Category : History
ISBN : 9781316518052
Explores how the central question of philosophy of law is the legal subject's: how can that be law for me?
Author : Stephen J Toope
Publisher : Cambridge University Press
Page : 311 pages
File Size : 50,6 Mb
Release : 2023-05-31
Category : Law
ISBN : 9781009299459
In an age of anxiety, Toope makes the case for a revitalised rule of law to bolster collective resilience and restore our capacity to build healthier societies. A pragmatic approach to the rule of law recognises its ability to chasten power, while not disconnecting law from other sources of social action and human agency.
Author : Richard D. Mohr
Publisher : Columbia University Press
Page : 157 pages
File Size : 46,8 Mb
Release : 2007-04
Category : Literary Criticism
ISBN : 9780231135214
Richard D. Mohr adopts a humanistic and philosophical approach to assessing public policy issues affecting homosexuals. His nuanced case for legal and social acceptance applies widely held ethical principles to various issues, including same-sex marriage, AIDS, and gays in the military. Mohr examines the nature of prejudices and other cultural forces that work against lesbian and gay causes and considers the role that sexuality plays in national rituals. In his support of same-sex marriage, Mohr defines matrimony as the development and maintenance of intimacy through which people meet their basic needs and carry out their everyday living, and he contends that this definition applies equally to homosexual and heterosexual couples. By drawing on culturally, legally, and ethically based arguments, Mohr moves away from tired political rhetoric and reveals the important ways in which the struggle for gay rights and acceptance relates to mainstream American society, history, and political life.
Author : E. Thomas Sullivan,Toni M. Massaro
Publisher : Oxford University Press
Page : 264 pages
File Size : 41,7 Mb
Release : 2013-07-04
Category : Law
ISBN : 9780199990801
In The Arc of Due Process in American Constitutional Law, Sullivan and Massaro identify the historical underpinnings of due process while describing the evolution of the American due process doctrine.
Author : DAVID. WALL SOBEL (STEVEN.)
Publisher : Oxford University Press
Page : 223 pages
File Size : 43,6 Mb
Release : 2024-07-18
Category : Philosophy
ISBN : 9780198909460
This is the tenth volume of Oxford Studies in Political Philosophy. The series aims to publish some of the best contemporary work in the vibrant field of political philosophy and its closely related subfields, including jurisprudence, normative economics, political theory in political science departments, and just war theory.
Author : T. Alexander Aleinikoff,Leah Zamore
Publisher : Stanford University Press
Page : 129 pages
File Size : 54,8 Mb
Release : 2019-10-01
Category : Political Science
ISBN : 9781503611429
The international refugee regime is fundamentally broken. Designed in the wake of World War II to provide protection and assistance, the system is unable to address the record numbers of persons displaced by conflict and violence today. States have put up fences and adopted policies to deny, deter, and detain asylum seekers. People recognized as refugees are routinely denied rights guaranteed by international law. The results are dismal for the millions of refugees around the world who are left with slender prospects to rebuild their lives or contribute to host communities. T. Alexander Aleinikoff and Leah Zamore lay bare the underlying global crisis of responsibility. The Arc of Protection adopts a revisionist and critical perspective that examines the original premises of the international refugee regime. Aleinikoff and Zamore identify compromises at the founding of the system that attempted to balance humanitarian ideals and sovereign control of their borders by states. This book offers a way out of the current international morass through refocusing on responsibility-sharing, seeing the humanitarian-development divide in a new light, and putting refugee rights front and center.
Author : Zachary Douglas,Joost Pauwelyn,Jorge E. Viñuales
Publisher : OUP Oxford
Page : 586 pages
File Size : 54,8 Mb
Release : 2014-05-01
Category : Law
ISBN : 9780191508578
International investment law is one of the fastest growing areas of international law. It has led to the signing of thousands of agreements, mostly in the form of investment contracts and bilateral investment treaties. Also, in the last two decades, there has been an exponential growth in the number of disputes being resolved by investment arbitration tribunals. Yet the legal principles at the basis of international investment law and arbitration remain in a state of flux. Perhaps the best illustration of this phenomenon is the wide disagreement among investment tribunals on some of the core concepts underpinning the regime, such as investment, property, regulatory powers, scope of jurisdiction, applicable law, or the interactions with other areas of international law. The purpose of this book is to revisit these conceptual foundations in order to shed light on the practice of international investment law. It is an attempt to bridge the growing gap between the theory and the practice of this thriving area of international law. The first part of the book focuses on the 'infrastructure' of the investment regime or, more specifically, on the structural arrangements that have been developed to manage foreign investment transactions and the potential disputes arising from them. The second part of the book identifies the common conceptual bases of an array of seemingly unconnected practical problems in order to clarify the main stakes and offer balanced solutions. The third part addresses the main sources of 'regime stress' as well as the main legal mechanisms available to manage such challenges to the operation of the regime. Overall, the book offers a thorough investigation of the conflicting theoretical positions underlying international investment law, testing their worth by reference to concrete issues that have arisen in the jurisprudence. It demonstrates that many of the most important practical questions arising in practice can be addressed by a carefully dosed resort to theory.
Author : Lynette J. Chua,Mark Fathi Massoud
Publisher : Cambridge University Press
Page : 241 pages
File Size : 49,8 Mb
Release : 2024-03-31
Category : Law
ISBN : 9781009338202
Out of Place demonstrates how identity and positionality influence research design and methods in law and society.
Author : David Dyzenhaus
Publisher : Oxford University Press, USA
Page : 312 pages
File Size : 43,7 Mb
Release : 1997
Category : History
ISBN : UOM:39015040612569
This text investigates one of the oldest questions of legal philosophy - the relationship between law and legitimacy. It analyses the legal theories of three public lawyers of the Weimar era, Carl Schmitt, Hans Kelsen, and Hermann Heller.
Author : Adrian Vermeule
Publisher : Harvard University Press
Page : 208 pages
File Size : 52,8 Mb
Release : 2016-11-14
Category : Law
ISBN : 9780674974715
Adrian Vermeule argues that the arc of law has bent steadily toward deference to the administrative state, which has greater democratic legitimacy and technical competence to confront issues such as climate change, terrorism, and biotechnology. The state did not shove lawyers and judges out of the way; they moved freely to the margins of power.
Author : Frederick Schauer
Publisher : Clarendon Press
Page : 272 pages
File Size : 45,5 Mb
Release : 1991-08-22
Category : Law
ISBN : 9780191018749
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 : Kevin Boyle
Publisher : Henry Holt and Company
Page : 432 pages
File Size : 44,7 Mb
Release : 2007-04-01
Category : History
ISBN : 9781429900164
An electrifying story of the sensational murder trial that divided a city and ignited the civil rights struggle In 1925, Detroit was a smoky swirl of jazz and speakeasies, assembly lines and fistfights. The advent of automobiles had brought workers from around the globe to compete for manufacturing jobs, and tensions often flared with the KKK in ascendance and violence rising. Ossian Sweet, a proud Negro doctor-grandson of a slave-had made the long climb from the ghetto to a home of his own in a previously all-white neighborhood. Yet just after his arrival, a mob gathered outside his house; suddenly, shots rang out: Sweet, or one of his defenders, had accidentally killed one of the whites threatening their lives and homes. And so it began-a chain of events that brought America's greatest attorney, Clarence Darrow, into the fray and transformed Sweet into a controversial symbol of equality. Historian Kevin Boyle weaves the police investigation and courtroom drama of Sweet's murder trial into an unforgettable tapestry of narrative history that documents the volatile America of the 1920s and movingly re-creates the Sweet family's journey from slavery through the Great Migration to the middle class. Ossian Sweet's story, so richly and poignantly captured here, is an epic tale of one man trapped by the battles of his era's changing times. Arc of Justice is the winner of the 2004 National Book Award for Nonfiction.
Author : Torben Spaak,Patricia Mindus
Publisher : Cambridge University Press
Page : 807 pages
File Size : 49,9 Mb
Release : 2021-02-04
Category : Law
ISBN : 9781108427678
The book brings together 33 state-of-the-art chapters on the import and the pros and cons of legal positivism.
Author : Kenneth Anderson,Benjamin Wittes
Publisher : Hoover Institution Press
Page : 336 pages
File Size : 44,7 Mb
Release : 2015-05-01
Category : Political Science
ISBN : 9780817916565
When Barack Obama came into office, the strategic landscape facing the United States in its overseas counterterrorism operations was undergoing a shift. Even before the rise of drones necessitated the articulation of legal doctrine, the Obama administration had to explain itself. In Speaking the Law, the authors offer a detailed examination of the speeches of the Obama administration on national security legal issues. Viewed together here for the first time, the authors lay out a broad array of legal and policy positions regarding a large number of principles currently contested at both the domestic and international levels. The book describes what the Obama administration has said about the legal framework in which it is operating with respect to such questions as the nature of the war on terrorism, the use of drones and targeted killings, detention, trial by military commission and in federal courts, and interrogation. The authors analyze this framework, examining the stresses on it and asking where the administration got matters right and where they were wrong. They conclude with suggestions for certain reforms to the framework for the administration and Congress to consider.
Author : Keeda J. Haynes
Publisher : Hachette UK
Page : 236 pages
File Size : 53,7 Mb
Release : 2021-11-16
Category : Political Science
ISBN : 9781541646292
A searing exposé of the profound failures in our justice system, told by a woman who has journeyed from wrongfully accused prisoner to acclaimed public defender Keeda Haynes was a Girl Scout and a churchgoer, but after college graduation, she was imprisoned for a crime she didn’t commit. Her boyfriend had asked her to sign for some packages—packages she did not know were filled with marijuana. As a young Black woman falsely accused, prosecuted, and ultimately imprisoned, Haynes suffered the abuses of our racist and sexist justice system. But rather than give in to despair, she decided to fight for change. After her release, she attended law school at night, became a public defender, and ultimately staged a highly publicized campaign for Congress. At every turn of her unlikely story, she gives unique insights into the inequities built into our institutions. In the end, despite the injustice she endured, she emerges convinced that ours can become a true second-chance culture.