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Author : Richard Floyd Clarke
Publisher : Unknown
Page : 502 pages
File Size : 53,5 Mb
Release : 1898
Category : Jurisprudence
ISBN : STANFORD:36105044065881
Author : Richard Floyd Clarke
Publisher : Legare Street Press
Page : 0 pages
File Size : 46,6 Mb
Release : 2023-07-18
Category : Electronic
ISBN : 102007454X
Gain a deeper understanding of the foundations of law and legal systems in this informative and engaging book. Written by a legal expert, this book offers a comprehensive overview of the principles of law and the different approaches to creating new laws. Whether you are a law student, legal professional, or simply interested in the workings of the justice system, this book is a valuable resource for gaining a strong foundation in legal theory and practice. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Author : Richard Floyd Clarke
Publisher : Unknown
Page : 0 pages
File Size : 53,9 Mb
Release : 2023-07-18
Category : Law
ISBN : 1021728918
Author : Marc Lange
Publisher : Oxford University Press
Page : 277 pages
File Size : 44,5 Mb
Release : 2009-07-09
Category : Philosophy
ISBN : 9780199745036
What distinguishes laws of nature from ordinary facts? What are the "lawmakers": the facts in virtue of which the laws are laws? How can laws be necessary, yet contingent? Lange provocatively argues that laws are distinguished by their necessity, which is grounded in primitive subjunctive facts, while also providing a non-technical and accessible survey of the field.
Author : Dionysia-Theodora Avgerinopoulou
Publisher : Springer Nature
Page : 419 pages
File Size : 46,5 Mb
Release : 2019-08-31
Category : Law
ISBN : 9783030214173
The Book takes the approach of a critique of the prevailing international environmental law-making processes and their systemic shortcomings. It aims to partly redesign the current international environmental law-making system in order to promote further legislation and more effectively protect the natural environment and public health. Through case studies and doctrinal analyses, an array of initial questions guides the reader through a variety of factors influencing the development of International Environmental Law. After a historical analysis, commencing from the Platonic philosophy up to present, the Book holds that some of the most decisive factors that could create an optimized law-making framework include, among others: progressive voting processes, science-based secondary international environmental legislation, new procedural rules, that enhance the participation in the law-making process by both experts and the public and also review the implementation, compliance and validity of the science-base of the laws. The international community should develop new law-making procedures that include expert opinion. Current scientific uncertainties can be resolved either by policy choices or by referring to the so-called „sound science.“ In formulating a new framework for environmental lawmaking processes, it is essential to re-shape the rules of procedure, so that experts have greater participation in those, in order to improve the quality of International Environmental Law faster than the traditional processes that mainly embrace political priorities generated by the States. Science serves as one of the main tools that will create the next generation of International Environmental Law and help the world transition to a smart, inclusive, sustainable future.
Author : R. Floyd Clarke
Publisher : Unknown
Page : 498 pages
File Size : 48,6 Mb
Release : 2015-07-03
Category : Law
ISBN : 1330602536
Excerpt from The Science of Law and Lawmaking, Being an Introduction to Law: A General View of Its Forms and Substance, and a Discussion of the Question of Codification This book is an attempt to make clear to the average reader some of the truths of Law and Jurisprudence. The object is to introduce Laymen to a true conception of the system of law under which they live, a system whose rules constitute bonds restraining their activities, less palpable, yet no less effective, than the iron bars of the captive's cage. It is a curious fact that no work exists in which the general outlines of legal systems are explained in popular terms so as to he intelligible to the ordinary mind not versed in the technicalities of the subject. And it is especially strange that no work exists which explains to such readers, and to the law student just beginning his course, the fundamental truths contained in the two forms of expression in which it is possible to embody a system of law. Yet a complete knowledge of these fundamental truths lies at the base of the correct decision of a question of great importance now agitating the legal world. And this question - the question of Codification - is one whose decision will rest more in the hands of laymen than in the hands of lawyers. These facts suggested to the writer the idea of a book which, in the first instance, should be an introduction to the study of the law; and, in the second instance, should use this introduction as a groundwork on which to build up an argument on codification intelligible to the lay mind. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author : R. Floyd 1859-1921 Clarke
Publisher : Palala Press
Page : 500 pages
File Size : 47,8 Mb
Release : 2016-05-02
Category : Electronic
ISBN : 1355211115
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Author : Frederic Jesup Stimson
Publisher : Good Press
Page : 373 pages
File Size : 43,5 Mb
Release : 2019-12-04
Category : Fiction
ISBN : EAN:4057664586902
In 'Popular Law-making', Frederic Jesup Stimson examines the evolution of law-making from Common Law to Statutory and Administrative Law, warning of the accelerating and dangerous trend. Although some sections may read like a law hornbook, the book's perspectives on property rights, regulation of rates and prices, and trusts and monopolies are interesting enough to keep you reading. Stimson's study covers topics such as the impact of the Initiative and Referendum, the true value of precedent, definitions of communism and nationalism, and the growth and decline of antitrust legislation.
Author : Leslie Johns
Publisher : Cambridge University Press
Page : 583 pages
File Size : 54,8 Mb
Release : 2022-06-09
Category : Law
ISBN : 9781108833707
Teaches how and why states make, break, and uphold international law using accessible explanations and contemporary international issues.
Author : Frank Fagan,Saul Levmore
Publisher : Edward Elgar Publishing
Page : 368 pages
File Size : 52,7 Mb
Release : 2017-03-31
Category : Electronic
ISBN : 9781785364334
Legal reasoning, pronouncements of judgment, the design and implementation of statutes, and even constitution-making and discourse all depend on timing. This compelling study examines the diverse interactions between law and time, and provides important perspectives on how law's architecture can be understood through time. The book revisits older work on legal transitions and breaks new ground on timing rules, especially with respect to how judges, legislators and regulators use time as a tool when devising new rules. At its core, The Timing of Lawmaking goes directly to the heart of the most basic of legal debates: when should we respect the past, and when should we make a clean break for the future?
Author : Martin Shapiro,Alec Stone Sweet
Publisher : OUP Oxford
Page : 430 pages
File Size : 54,6 Mb
Release : 2002-08-22
Category : Political Science
ISBN : 9780191531378
Across the globe, the domain of the litigator and the judge has radically expanded, making it increasingly difficult for those who study comparative and international politics, public policy and regulation, or the evolution of new modes of governance to avoid encountering a great deal of law and courts. In On Law, Politics, and Judicialization, two of the world's leading political scientists present the best of their research, focusing on how to build and test a social science of law and courts. The opening chapter features Shapiro's classic 'Political Jurisprudence,' and Stone Sweet's 'Judicialization and the Construction of Governance,' pieces that critically redefined research agendas on the politics of law and judging. Subsequent chapters take up diverse themes: the strategic contexts of litigation and judging; the discursive foundations of judicial power; the social logic of precedent and appeal; the networking of legal elites; the lawmaking dynamics of rights adjudication; the success and diffusion of constitutional review; the reciprocal impact of courts and legislatures; the globalization of private law; methods, hypothesis-testing, and prediction in comparative law; and the sources and consequences of the creeping 'judicialization of politics' around the world. Chosen empirical settings include the United States, the GATT-WTO, France and Germany, Imperial China and Islam, the European Union, and the transnational world of the Lex Mercatoria. Written for a broad, scholarly audience, the book is also recommended for use in graduate and advanced undergraduate courses in law and the social sciences.
Author : Eric Voegelin
Publisher : University of Missouri Press
Page : 154 pages
File Size : 52,8 Mb
Release : 1991
Category : Law
ISBN : 0807116734
During the course of his lifelong, wide-ranging reflections on history and philosophy, Eric Voegelin naturally was drawn to speculate on the nature of law. This volume consists of many of Voegelin's significant writings in this area, most notably the previously unpublished The Nature of the Law. Voegelin completed The Nature of the Law in 1957 while he was a member of the political science faculty of Louisiana State University and teaching a course in jurisprudence at the university's law school. In it he undertakes a philosophical analysis of the law to determine its nature, or essence, and comes to the conclusion that the law does not exist as a discrete entity but instead constitutes the structure of a society. The law, as Voegelin's analysis reveals, is not simply the command of a Leviathan handed down to others. Nor is it simply the result of a social compact among autonomous individuals or the expressed will of a majority securing its own self-defined, immediate worldly interest. It is rather a part of the order that a society discovers and specifies for itself in the effort to secure the common good. Thus laws and legal order have an integral relation with the society that declares them, for in declaring laws the society in some sense structures itself. Also included in this volume is Voegelin's detailed outline for the jurisprudence course he taught at LSU from 1954 to 1957. The outline was distributed to Voegelin's students but otherwise has not been published. In this outline Voegelin is concerned more with the criteria for legal order than he is with the nature of law. Voegelin also prepared for his jurisprudence course supplementary notes that are essentially a compact statement of his views on the law, and the editors have included those notes here. Finally, the book contains reviews, written by Voegelin in 1941 and 1942, of four books on legal science and legal philosophy.
Author : Roscoe Pound,Marshall. L DeRosa
Publisher : Routledge
Page : 315 pages
File Size : 47,9 Mb
Release : 2017-11-30
Category : Law
ISBN : 9781351288866
In An Introduction to the Philosophy of Law, Roscoe Pound shows how philosophy has been a powerful instrument throughout the history of law. He examines what philosophy has done for some of the chief problems of the science of law and how it is possible to look at those problems philosophically without treating them in terms of a particular time period. The function of legal philosophy, writes Pound, is to rationally formulate a general theory of law which conforms to the interests, the general security first and foremost, of society. Marshall DeRosa writes in his new introduction that in the light of twentieth-century judicial politics, Roscoe Pound's philosophy of law has prevailed to a significant extent. This book's relevance to appreciating the development of the American legal system in all its complexities - including liability law, contract law, and property law - is in itself notable. But, in terms of understanding the twentieth-century development of the American rule of law, An Introduction to the Philosophy of Law is indispensable. It will make an invaluable addition to the personal libraries of legal theorists, philosophers, political scientists, and historians of American law.
Author : William J. Novak,Jeffrey E. Cohen,Matthew Eshbaugh-Soha,Sean Gailmard,Christopher R. Berry,Barry C. Burden,William G. Howell,Forrest Maltzman,Charles R. Shipan,Amihai Glazer,David E. Lewis,Stuart Chinn,Vesla M. Weaver,David R. Mayhew,Sidney M. Milkis
Publisher : University of Chicago Press
Page : 367 pages
File Size : 43,8 Mb
Release : 2012-03-16
Category : Political Science
ISBN : 9780226396460
Political scholars examine the dynamic evolution of laws over time in a volume that “pushes the frontiers of knowledge about lawmaking in the US” (Choice). Politics is at its most dramatic during debates over important pieces of legislation. And while debates over legislative measures can rage for years or even decades before an item is enacted, they also endure long afterward, when the political legacy of a law eventually comes into focus. With a diverse set of contributors—including quantitative political scientists, political development scholars, historians, and economists—Living Legislation provides fresh insights into contemporary American politics and public policy. Many of the contributors to this volume focus on the question of why some laws stand the test of time while others are eliminated, replaced, or significantly amended. Others discuss how laws emerge from—and effect change within—coalition structures; the effectiveness of laws at mediating partisan conflicts; and the ways in which laws interact with broader shifts in the political environment. An essential addition to the study of politics, Living Legislation enhances understanding of democracy, governance, and power.
Author : José Becerra
Publisher : Springer Nature
Page : 233 pages
File Size : 43,8 Mb
Release : 2021-05-29
Category : Law
ISBN : 9783030713485
This book intends to contribute to the consolidation of the new approach to lawmaking that has taken place in the last 20 years in legal philosophy and legal theory, spreading to other legal fields, especially criminal law. This new legislation science focusing on criminal problems has triggered a growing interest in the field, a dynamic which has led to a long-needed convergence of disciplines such as administrative law, criminal law, criminology, political science, sociology and, of course, legal philosophy to contribute to a more rational decision-making process for the construct of criminal laws. With the intention to continue on with the building of a solid “Criminal Legislation Science”, this work presents scholars, lawmakers and students various emblematic approaches to enrich the discussion about different and promising tools and theoretical frameworks.