A Rule Of Law For Our New Age Of Anxiety
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A Rule Of Law For Our New Age Of Anxiety
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Author : Stephen J Toope
language : en
Publisher: Cambridge University Press
Release Date : 2023-06-01
A Rule Of Law For Our New Age Of Anxiety written by Stephen J Toope and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-06-01 with Law categories.
Taking Auden's Age of Anxiety as a leitmotiv and drawing on literature from law, philosophy, political theory, international relations, and sociology, Toope argues with passion that a renewed faith in the rule of law can address troubling developments in our own anxious times: populist nationalism; globalisation; and disruptive technologies with their dominating platforms. We can address anxiety by bolstering social resilience, drawing upon a plural intellectual heritage. That heritage reveals a unique type of 'authority' in society, 'epistemic practical authority' built up continuously through social discourse and action, shifting focus from the state of 'being' to the dynamic of 'becoming.' What is law's role in this world? The modest, yet powerful, version of the rule of law advocated here is one that draws on a wellspring of practical wisdom - prudence gleaned from pragmatic experience. It chastens power, while not disconnecting law from other sources of social action and human agency.
A Rule Of Law For Our New Age Of Anxiety
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Author : Stephen John Toope
language : en
Publisher:
Release Date : 2023
A Rule Of Law For Our New Age Of Anxiety written by Stephen John Toope and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with Rule of law categories.
"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"--
Scientia Iuris
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Author : Luca Siliquini-Cinelli
language : en
Publisher: Springer Nature
Release Date : 2024-04-18
Scientia Iuris written by Luca Siliquini-Cinelli and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-04-18 with Law categories.
Law’s regulatory reach has grown significantly over the past few decades. Yet, at the same time, law schools and legal professions in Western and Western-oriented jurisdictions have undergone an acute crisis. How is this possible? In this insightful and wide-ranging book, Luca Siliquini-Cinelli argues that these trends are in fact complementary manifestations of a single phenomenon—namely, that law is and will always be more capable of regulating social interaction without the experiential contribution of legal experts. Siliquini-Cinelli contends that the separation of law’s regulatory function from legal experts is structurally linked to the former’s nature and operational dynamics as an intellectual artifact to be used for ordering purposes. As a product of the intellect, law is a matter of knowledge, not experience. In fact, Siliquini-Cinelli holds, law’s artifactuality voids experience, including that of legal experts, making it redundant. This explains how law can thrive as a regulatory phenomenon while the very places where future legal professionals are formed and those places where it is practised are in crisis. To show this, Siliquini-Cinelli embarks upon a historical, philosophical, and comparative analysis of law’s artifactuality, focusing on the teaching, study and practise of law as intellectual endeavours, from the advent of juristic activities in the Late Roman Republic to current legal pedagogies, practices, and reforms in Civil and Common law jurisdictions. In so doing, Siliquini-Cinelli employs the Latin phrase ‘scientia iuris’ to explain why and how legal education and practice pursue knowledge at the expense of experience, and the serious implications this has for lawyering activities. Moving beyond established narratives, Siliquini-Cinelli argues that ‘scientia iuris’ ought not be reduced to dogmatic analysis (scientia iuris as doctrina iuris). Rather, ‘scientia iuris’ denotes the knowledge of the law sought by all those who teach, study, and practise it, and which is actualised through a form of legal thinking and argumentation that moves along reason’s metaphysical, constructivist lines (scientia iuris as cognitio iuris). Thus, scientia iuris is not the prerogative of a few legal scholars; rather, it lies at the very core of Western legal education and practice, broadly understood. The relevance of Siliquini-Cinelli’s original and interdisciplinary analysis is profound and far-reaching: the crisis that legal education and practice are undergoing is not an isolated, or accidental, event; it is a consequence of the very ways in which law has been taught, studied, and practised since Rome. Endorsements ‘This richly researched book on the history of scientia iuris is a work on epistemology which argues that the legal model is highly problematic and will eventually be able to function without the intervention of jurists and lawyers. Such a thesis is based upon a very detailed knowledge both of philosophy and of the legal primary and secondary sources from Roman to modern times. The author is at home with Ancient Greek, Latin, French, German and Italian texts and this means that the research basis for the thesis not only is unusually profound – encompassing both the civil and the common law – but will make a major contribution to historical jurisprudence, to comparative legal history, to comparative law in general and to legal theory. This is legal scholarship of the highest order.’ Geoffrey Samuel, Emeritus Professor of Law, Kent Law School ‘In this exceptionally robust and expertly-researched new book, Luca Siliquini-Cinelli presents a provocative thesis. He proposes that the experience of legal experts is redundant when it comes to the success of law as a regulatory framework. Oscillating between historical, material, philosophical and literary frames, Siliquini-Cinelli introduces what he terms ‘law’s artifactuality’. Law’s artifactuality as an intellectual phenomenon of social ordering is established through a comparative excavation of legal pedagogy and practice stretching from the Late Roman Republic to contemporary contexts to expose law as a product of the intellect. Law is therefore a matter of knowledge, not experience. Siliquini-Cinelli makes a sophisticated philosophical case for scientia iuris as a special form of knowledge that exists distinct from experience. This is at the core of the book in claiming that the current detachment of law from legal experts is a symptom of law’s essential and enduring artifactuality. This detachment is therefore incubated and internal to law’s essential nature rather than a consequence of the prophetic shadow of AI. This book is a vital and timely intervention in the current crisis gripping legal education and legal practice and their future relation with AI. The book is a stellar example of the profound importance of historical and philosophical thinking in law as a means to understanding contemporary phenomena in law. Siliquini-Cinelli executes his analysis masterfully and brings fundamental insights to the debate on knowledge and experience in law.’ Kimberley Brayson, Professor of Critical Jurisprudence, Leicester Law School ‘This book is not for the faint-hearted or the narrow-minded. It is not for the narrow-minded as it paints on the broadest of canvasses, from the Late Roman Republic to the Middle Ages to the Methodological Legal Positivism that characterises modernity. It is not for the faint-hearted as it makes the bold claim that law does not need lawyers. The reason law does not need lawyers is that law is based on knowledge, not experience. If Luca Siliquini-Cinelli is right, then Oliver Wendell Holmes is wrong. The stakes couldnot be higher.’ Joshua Neoh, Associate Professor of Law, ANU College of Law '[An] important book ... [it] represents a significant contribution to legal philosophy and historical jurisprudence. Its strengths are found in its philosophical analysis, its link-age of historical and contemporary issues, and its challenge to conventional legal thought. This work is particularly pertinent for those interested in the future of legal education and the influence of AI on law and legal reasoning' Michael Palmer, Professor, SOAS and Institute of Advanced Legal Studies, University of London; Cheng Yu Tung Visiting Professor of Law, University of Hong Kong; Hong Kong Institute of Asia-Pacific Studies, Chinese University of Hong Kong; Amicus Curiae - The Journal of the Society for Advanced Legal Studies, Book Symposium on Scientia Iuris '[A] landmark book.' Robert Herian, Associate Professor of Law, Exeter Law School; Amicus Curiae - The Journal of the Society for Advanced Legal Studies, Book Symposium on Scientia Iuris
Handbook On Global Constitutionalism
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Author : Anthony F. Lang
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-11-03
Handbook On Global Constitutionalism written by Anthony F. Lang and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-11-03 with Political Science categories.
This thoroughly revised Handbook presents an up-to-date political and philosophical history of global constitutionalism. By exploring the constitutional-like qualities of international affairs, it provides key insight into the evolving world order.
Business And Human Rights
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Author : Robert McCorquodale
language : en
Publisher: Oxford University Press
Release Date : 2024
Business And Human Rights written by Robert McCorquodale and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024 with Business & Economics categories.
This addition to the Elements of International Law series explores how business and human rights law has transformed international law.
Legal Methods
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Author : Peter L. Strauss
language : en
Publisher: Thomson West
Release Date : 2005
Legal Methods written by Peter L. Strauss and has been published by Thomson West this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.
How should students begin their legal education? Professor Peter Strauss's innovative materials build on a Columbia Law School commitment reaching back to Karl Llewellyn's Bramble Bush -- that legal education should start with orientation to the materials lawyers use and the institutions they deal with. Professor Strauss focuses on the skills beginning law students need for using cases, statutes, and secondary materials in their education. He does so by following the development across time of American legal doctrines about product liability and workplace injury, caselaw and statutory, and of the institutions that created those doctrines, judicial and legislative. Along the way, students encounter not only the appellate opinions typical of law school teaching materials, but also lawyers' arguments and briefs, considerable stretches of legislative history materials, and a good deal of secondary literature -- largely, excerpts bearing on the continuing controversies over statutory interpretation.
Film And Constitutional Controversy
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Author : Marco Wan
language : en
Publisher: Cambridge University Press
Release Date : 2021-02-04
Film And Constitutional Controversy written by Marco Wan and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-04 with Law categories.
Constructs an original dialogue between constitutional law, film, and identity by using Hong Kong as a case study.
The Law Times Reports
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Author :
language : en
Publisher:
Release Date : 1889
The Law Times Reports written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1889 with Law reports, digests, etc categories.
The New Age
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Author : Arthur Moore
language : en
Publisher:
Release Date : 1933
The New Age written by Arthur Moore and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1933 with categories.
Model Rules Of Professional Conduct
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Author : American Bar Association. House of Delegates
language : en
Publisher: American Bar Association
Release Date : 2007
Model Rules Of Professional Conduct written by American Bar Association. House of Delegates and has been published by American Bar Association this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.