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Author : Jeremy Waldron
Publisher : Cambridge University Press
Page : 133 pages
File Size : 44,5 Mb
Release : 2012-06-21
Category : Law
ISBN : 9781107024465
The classical Lockean picture and its difficulties -- A substantive Rule of Law? -- In defense of legislation.
Author : Jeremy Waldron,Chichele Professor of Social and Political Theory Jeremy Waldron
Publisher : Unknown
Page : 134 pages
File Size : 50,6 Mb
Release : 2014-05-14
Category : LAW
ISBN : 1139569228
A clear, critical and direct account of the relation between the Rule of Law and the protection of private property.
Author : Michael Zurn,Andre Nollkaemper,Randy Peerenboom
Publisher : Cambridge University Press
Page : 401 pages
File Size : 44,5 Mb
Release : 2012-06-18
Category : Law
ISBN : 9781139510974
This volume explores the various strategies, mechanisms and processes that influence rule of law dynamics across borders and the national/international divide, illuminating the diverse paths of influence. It shows to what extent, and how, rule of law dynamics have changed in recent years, especially at the transnational and international levels of government. To explore these interactive dynamics, the volume adopts an interdisciplinary approach, bringing together the normative perspective of law with the analytical perspective of social sciences. The volume contributes to several fields, including studies of rule of law, law and development, and good governance; democratization; globalization studies; neo-institutionalism and judicial studies; international law, transnational governance and the emerging literature on judicial reforms in authoritarian regimes; and comparative law (Islamic, African, Asian, Latin American legal systems).
Author : Mark Elliott,David Feldman
Publisher : Cambridge University Press
Page : 295 pages
File Size : 55,7 Mb
Release : 2015-08-21
Category : Law
ISBN : 9781107029750
A scholarly and accessible examination of key themes, debates and issues in contemporary public law by leading authorities on the subject.
Author : Glen Loutzenhiser,Rita de la Feria
Publisher : Bloomsbury Publishing
Page : 574 pages
File Size : 40,5 Mb
Release : 2020-10-15
Category : Law
ISBN : 9781509929115
This book brings together a landmark collection of essays on tax law and policy to celebrate the legacy of Professor Judith Freedman. It focuses on the four areas of taxation scholarship to which she made her most notable contributions: taxation of SMEs and individuals, tax avoidance, tax administration, and taxpayers' rights and procedures. Professor Freedman has been a major driving force behind the development of tax law and policy scholarship, not only in the UK, but worldwide. The strength and diversity of the contributors to this book highlight the breadth of Professor Freedman's impact within tax scholarship. The list encompasses some of the most renowned taxation experts worldwide; they include lawyers, economists, academics and practitioners, from Britain, Canada, Portugal, Australia, Germany, Italy, Malta, Ireland, and Ukraine.
Author : Alan M. Sinclair
Publisher : Unknown
Page : 152 pages
File Size : 40,5 Mb
Release : 1969
Category : Real property
ISBN : STANFORD:36105044275944
Author : Jeremy Waldron
Publisher : Harvard University Press
Page : 337 pages
File Size : 40,8 Mb
Release : 2023-12-05
Category : Philosophy
ISBN : 9780674294844
An essential study of the rule of law by one of the world’s leading liberal political and legal philosophers. The meaning and value of the rule of law have been debated since antiquity. For many, the rule of law has become the essence of good government. But Jeremy Waldron takes a different view, arguing that it is but one star in a constellation of ideals that define our political morality, ranking alongside democracy, human rights, economic freedom, and social justice. This timely essay collection, from one of the most respected political philosophers of his generation, is a brief on behalf of thoughtfulness: the intervention of human intelligence in the application of law. Waldron defends thoughtfulness against the claim that it threatens to replace the rule of law with the arbitrary rule of people. To the contrary, he argues, the rule of law requires thoughtfulness: it is impossible to apply a standard such as “reasonableness” on the basis of rules alone, and common legal activities like arguing in court and reasoning from precedents are poorly served by algorithmic logics. This rich compilation also addresses the place of law in protecting human dignity, the relation between rule of law and legislation, and whether vagueness in the law is at odds with law’s role in guiding action. Thoughtfulness and the Rule of Law emphasizes the value of procedures rather than the substance or outcome of legal decisions. Challenging the view that predictability and clarity are cardinal virtues, Waldron shows that real-world controversies often are best approached using a relatively thin concept of the rule of law, together with the thoughtfulness that a legal system frames and enables.
Author : Jens Meierhenrich,Martin Loughlin
Publisher : Cambridge University Press
Page : 715 pages
File Size : 45,9 Mb
Release : 2021-08-12
Category : History
ISBN : 9781316512135
Introduces students, scholars, and practitioners to the theory and history of the rule of law.
Author : Ugo Mattei,Alessandra Quarta
Publisher : Edward Elgar Publishing
Page : 128 pages
File Size : 41,6 Mb
Release : 2018-10-26
Category : LAW
ISBN : 9781786435187
Can private law assume an ecological meaning? Can property and contract defend nature? Is tort law an adequate tool for paying environmental damages to future generations? This book explores potential resolutions to these questions, analyzing the evolution of legal thinking in relation to the topics of legal personality, property, contract and tort.In this forward thinking book, Mattei and Quarta suggest a list of basic principles upon which a new, ecological legal system could be based. Taking private law to represent an ally in the defence of our future, they offer a clear characterization of the fundamental legal institutions of common law and civil law, considering the challenges of the Anthropogenic era, technological tools of the Internet era, and the global rise of the commons. Summarizing the fundamental institutions of private law: property rights, legal personality, contract, and tort, the authors reveal the limits of these legal institutions in relation to historical international evolution and their regulation in the contexts of catastrophic ecological issues and technological developments.Engaging and thoughtful, this book will be interesting reading for legal scholars and academics of private law and, in particular, those wishing to understand the role of law when facing technological and ecological challenges.
Author : Christopher May,Adam Winchester
Publisher : Edward Elgar Publishing
Page : 576 pages
File Size : 51,8 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 : Michael Albertus
Publisher : Cambridge University Press
Page : 417 pages
File Size : 45,7 Mb
Release : 2021-01-07
Category : Business & Economics
ISBN : 9781108835237
A new understanding of the causes and consequences of incomplete property rights in countries across the world.
Author : Paul Gowder
Publisher : Cambridge University Press
Page : 289 pages
File Size : 49,7 Mb
Release : 2016-02-09
Category : Law
ISBN : 9781107136892
A pathbreaking theoretical and empirical study proposing social equality as a measure of the rule of law.
Author : Juan Antonio Le Clercq,Jose Pablo Abreu Sacramento
Publisher : Springer Nature
Page : 304 pages
File Size : 44,5 Mb
Release : 2019-11-29
Category : Law
ISBN : 9783030313142
Contemporary Mexico faces a complex crisis of violence and insecurity with high levels of impunity and the lack of an effective rule of law. These weaknesses in the rule of law are multidimensional and involve elements of institutional design, the specific content of the laws, particularities of political competition and a culture of legality in a country with severe social inequalities. This book discusses necessary institutional and legal reforms to develop the rule of law in a context of democratic, social and economic transformations. The chapters are organized to address: 1) The concept of the ‘rule of law’ and its measurement; 2) The fragility of the ‘rule of law’ in Mexico; 3) Structural reforms and implementation challenges; 4) Social exclusion and the culture of legality. The book addresses decision-makers, civil servants, consultants, scholars, lecturers, and students focusing on public policy, rule of law, sociology of law, legislative studies and practice, impunity, and areas of political philosophy. • The book presents an interdisciplinary and integrated approach for understanding the rule of law in Mexico, taking into account national particularities, the regional context and global comparisons. • Chapters discuss recent institutional reforms in Mexico from a critical point of view and explore possible next steps to achieve effective implementation. • This book addresses the links between a weak rule of law and social phenomena like insecurity, violence, corruption and democratic deficits.
Author : Aniceto Masferrer,Clive Walker
Publisher : Edward Elgar Publishing
Page : 354 pages
File Size : 44,7 Mb
Release : 2013-09-30
Category : Political Science
ISBN : 9781781954478
ŠA deep and thoughtful exploration of counter-terrorism written by leading commentators from around the globe. This book poses critical questions about the definition of terrorism, the role of human rights and the push by many governments for more secu
Author : Joseph William Singer
Publisher : Unknown
Page : 0 pages
File Size : 44,9 Mb
Release : 2010
Category : Property
ISBN : 0735588600
Outstanding features of Property Law: Rules, Policies, and Practices, written by Professor Joseph William Singer, a highly regarded authority in the field, include:well-written notes with clear explanations of the law so students can learn complicated rules easilystrong coverage of civil rights law (fair housing and public accommodations law) strong coverage of statutes, regulations, and statutory interpretation problem-oriented approach, applying concepts, rules, and doctrines to new situations one might find in practice, with problems updated to be currentrecent cases and interesting fact situationsMeticulously and thoughtfully updated and refined, the Fifth Edition offers:reorganized chapter sequence Part I, renamed Property in a Free and Democratic Society links the estates system to the anti-feudal policy and to the current consumer protection orientation of the subprime crisis reverses the order of previous Chapter 1 and Chapter 2 to begin with the easy-to-understand trespass material on the right to exclude and limits on the right to exclude created by common law, statutes, and constitutional law. These chapters teach from the very beginning that property rights are limited rather than absolute, that they involve social relationships, not just control over things, and that property law is defined by both common law and statutesall-new Chapter 2, The Framework of Property Relations in a Democracy, shows the connection between property law rules designed to prevent the re-emergence of feudalism and regulations designed to respond to the current subprime mortgage crisis. New material on subprime mortgages demonstrates how we can understand all of property law by thinking about the lessons of the subprime crisis Chapter 3, now entitled Competing Claims to Property focuses partly on how property rights in land were historically created and partly on how property claims emerge today. Most important, it treats these issues as involving competing claims to propertynew Part II, entitled What Can Be Owned?, puts the intellectual property chapter and the chapter on property in persons (renamed) at the beginning of the book as an introduction to the problem of defining what can be owned material on tribal property is now integrated into a coherent treatment that addresses both the legacy of conquest and contemporary legal issuesnew cases, among them:Commonwealth v. Fremont Investment & Loan (on subprime lending)Warner Bros. Entertainment, Inc. & J.K. Rowling v. RDR Books (on the Harry Potter copyright case)Wilcox v. Stroub (on ownership of the papers of Confederate governors of South Carolina)timely updates throughout, among them:information on Measure 37 in Oregon (and Measure 49) changes in mortgages law following the subprime crisischanges in adverse possession law in Colorado and New Yorkfuller coverage of the Uniform Residential Landlord and Tenant Actchanges in the law of same sex marriage state legislative and constitutional responses to Kelo and substantial changes in the rule against perpetuities LOOKING FOR ADDITIONAL RESOURCES TO HELP YOU IN PROPERTY LAW? TRY EXAMPLES & EXPLANATIONS: PROPERTY 3E (9780735570313) AND THE WOLTERS KLUWER BOUVIER LAW DICTIONARY: 2011 STUDENT EDITION (9780735568525) --TWO OF MANY GREAT STUDY GUIDES FROM WOLTERS KLUWER LAW & BUSINESS.
