Bentham On Democracy Courts And Codification
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Bentham On Democracy Courts And Codification
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Author : Philip Schofield
language : en
Publisher: Cambridge University Press
Release Date : 2022-09
Bentham On Democracy Courts And Codification written by Philip Schofield 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 2022-09 with Law categories.
Offers a comprehensive account of Bentham's mature, distinctive thought on democracy, courts, codification, and cosmopolitanism.
Research Handbook On Law And Utilitarianism
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Author : Guillaume Tusseau
language : en
Publisher: Edward Elgar Publishing
Release Date : 2024-10-03
Research Handbook On Law And Utilitarianism written by Guillaume Tusseau 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 2024-10-03 with Law categories.
The Research Handbook on Law and Utilitarianism sheds light on contemporary legal culture, and the ways in which it interacts with theories of justice. Guillaume Tusseau brings together an interdisciplinary range of scholars to analyse the utilitarian standpoint on legal disciplines and legal governance, as well as the contribution of utilitarian arguments to current legal debates.
Redefining Codification
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Author : Dirk Heirbaut
language : en
Publisher: Oxford University Press
Release Date : 2024-12-10
Redefining Codification written by Dirk Heirbaut 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 2024-12-10 with Law categories.
More than half of the world's population lives under law codes. Yet, defining the concept of codification remains elusive. Rather than delving into abstract theories, this book provides a rich and contextual comparative legal history of codes in France, Germany, the Netherlands, and Belgium from the late eighteenth century to the present. The author starts by examining the evolution of French, German, Dutch, and Belgian codes in their political and comparative context, thus challenging deeply rooted national narratives. He covers the well-studied civil codes and the often-overlooked commercial and procedural codes and drafts that failed to become law. Against this backdrop, the book embarks on a comprehensive analysis of the factors contributing to the success or failure of codification efforts. Employing an innovative method of comparative legal history, Redefining Codification explores the key players and objectives behind codification, revealing that traditional notions of codification are far removed from reality. Following the deconstruction of some 'universal truths' about codifications, this volume offers fresh insights into the behind-the-scenes of the lawmaking machinery and an empirically based definition of codification.
Philosophy Law And Culture Of Liberal Democracy And The Authoritarian Challenge
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Author : Suri Ratnapala
language : en
Publisher: Cambridge Scholars Publishing
Release Date : 2024-07-11
Philosophy Law And Culture Of Liberal Democracy And The Authoritarian Challenge written by Suri Ratnapala and has been published by Cambridge Scholars Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-07-11 with Political Science categories.
Liberal democracy is the great legacy of the Enlightenment; it has reduced world poverty, increased life expectancy, enriched lives by every measure of wellbeing and enlarged our moral compass. Yet, external threats to liberal democracy are posed by totalitarian regimes and their allies seeking to remake the world in their image, and internal pressures arise from opposition to liberal principles from the extremities of the ideological spectrum: radicalism on the left and nativist populism on the right. The defence of liberal democracy requires understanding of its foundational principles, epistemological norms, institutional framework, cultural underpinnings and economic settings. This book argues that the defence of liberal democracy against rising authoritarianism is the great moral imperative of our time. This work combines extensive legal analysis with the history and philosophy of liberal constitutionalism, institutional economics and ethical reasoning. It engages with opposing schools of thought, including radical critical theory and authoritarian ideologies of the right. The book is highly instructive on administrative and constitutional law, the epistemology and ethics of political liberalism and the nature and immediacy of the domestic and external threats to liberal democracy and fundamental rights and freedoms.
Supreme Court Justice Joseph Story
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Author : R. Kent Newmyer
language : en
Publisher: Univ of North Carolina Press
Release Date : 1985
Supreme Court Justice Joseph Story written by R. Kent Newmyer and has been published by Univ of North Carolina Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1985 with History categories.
The primary founder and guiding spirit of the Harvard Law School and the most prolific publicist of the nineteenth century, Story served as a member of the U.S. Supreme Court from 1811 to 1845. His attitudes and goals as lawyer, politician, judge, and leg
Bentham Law And Marriage
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Author : Mary Sokol
language : en
Publisher: Bloomsbury Publishing
Release Date : 2011-06-30
Bentham Law And Marriage written by Mary Sokol and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-06-30 with History categories.
Jeremy Bentham's law of marriage is firmly based on the principle of utility, which claims that all human actions are governed by a wish to gain pleasure and avoid pain, and on the proposition that men and women are equal. He wrote in a late eighteenth century context of Enlightenment debate about the status of women, marriage and the family, as did his contemporaries Wollstonecraft and More. Bentham responded particularly to the thought of Milton, Locke, Hume, Paley and to the French thinkers Montesquieu, Diderot and Rousseau. These were the turbulent years leading to the French Revolution and it is in this milieu that Mary Sokol seeks to rediscover the 'historical' Bentham. Instead of regarding his thought as 'timeless', she considers Bentham's attitude to the reform of marriage law and plans for the social reform of marriage, placing both his life and work in the philosophical and historical context of his time.
Civil Justice Privatization And Democracy
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Author : Trevor C.W. Farrow
language : en
Publisher: University of Toronto Press
Release Date : 2014-04-30
Civil Justice Privatization And Democracy written by Trevor C.W. Farrow and has been published by University of Toronto Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-04-30 with Law categories.
Privatization is occurring throughout the public justice system, including courts, tribunals, and state-sanctioned private dispute resolution regimes. Driven by a widespread ethos of efficiency-based civil justice reform, privatization claims to decrease costs, increase speed, and improve access to the tools of justice. But it may also lead to procedural unfairness, power imbalances, and the breakdown of our systems of democratic governance. Civil Justice, Privatization, and Democracy demonstrates the urgent need to publicize, politicize, debate, and ultimately temper these moves towards privatized justice. Written by Trevor C.W. Farrow, a former litigation lawyer and current Chair of the Canadian Forum on Civil Justice, Civil Justice, Privatization, and Democracy does more than just bear witness to the privatization initiatives that define how we think about and resolve almost all non-criminal disputes. It articulates the costs and benefits of these privatizing initiatives, particularly their potential negative impacts on the way we regulate ourselves in modern democracies, and it makes recommendations for future civil justice practice and reform.
A Model Civil Procedure Code For England And Wales
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Author :
language : en
Publisher: Oxford University Press
Release Date : 2024-11-05
A Model Civil Procedure Code For England And Wales written by 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 2024-11-05 with Law categories.
Civil procedure law is integral to our understanding of access routes to justice, dispute resolution, and ultimately the rule of law. However, the field is rapidly changing, shifting dispute resolution away from courts and judgments, towards other legal pathways such as negotiation, mediation, arbitration and Ombudsman. Similarly, the increasing digitisation of society and looming potential of AI will profoundly influence future reforms. Civil justice is thus at a critical turning point. In response, John Sorabji proposes a new model civil procedure code for England and Wales. Building on the work of the ALI/UNIDROIT Principles of Transnational Civil Procedure and the ELI-UNIDROIT Model European Rules of Civil Procedure, he articulates a simplified, principle-based, seventeen-part approach that covers all major stages from issue to enforcement, with sections on costs and funding, provisional measures, access to evidence and privileges, case statements, hearings, and dispute management. Highlighting that civil courts are just one part of a wider civil justice ecosystem, Sorabji promotes the wealth of avenues available for dispute resolution and charts how these should be co-ordinated in the future. He outlines new ways to efficiently incorporate breakthroughs in digitisation and preventive and consensual forms of justice, and also explores likely shifts in the purpose of procedural codes as digitisation evolves, while underscoring the consistent need for judicial independence and accountability. Ultimately, Sorabji posits that procedural codes should guide not only the process of litigation, but those who design digital procedures and test their propriety in the future.
Utility And Democracy
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Author : Philip Schofield
language : en
Publisher: OUP Oxford
Release Date : 2006-06-29
Utility And Democracy written by Philip Schofield and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-06-29 with History categories.
Utility and Democracy is the first comprehensive historical account of the political thought of Jeremy Bentham (1748-1832), the philosopher and reformer. Philip Schofield draws on his extensive knowledge of Bentham's unpublished manuscripts and original printed texts, and on the new, authoritative edition of The Collected Works of Jeremy Bentham . A compelling narrative charts the way in which Bentham applied his utilitarian philosophy to the rapidly changing circumstances of his age. Schofield begins with a lucid account of Bentham's insights in the fields of logic and language, and in particular his theory of real and fictitious entities, which lie at the foundation of his thought. He proceeds to show how these insights brought Bentham to the principle of utility, which led him in turn to produce the first systematic defence of democracy from a utilitarian perspective. In contrast to previous scholarship, which claims that Bentham's 'conversion' or 'transition' to political radicalism took place either at the time of the French Revolution or following his meeting with James Mill in 1808 or 1809, Professor Schofield shows that the process began in or around 1804 when the notion of sinister interest emerged in Bentham's thought. Bentham appreciated that rulers, rather than being motivated by a desire to promote the greatest happiness of those subject to them, aimed to promote their own happiness, whatever the overall cost to the community. In his constitutional writings of the 1820s, which he addressed to 'all nations professing liberal opinions', Bentham argued that the proper end of constitutional design was to maximize official aptitude and minimize government expense, and that the publicity of official actions, within the context of a republican system of government where sovereignty lay in the people, was the means to achieve it. Bentham's commitment to radical reform led him to advocate the abolition of the British monarchy and House of Lords, the replacement of the Common Law with a codified system of law, and the 'euthanasia' of the Anglican Church.
A Guide To Civil Procedure
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Author : Brooke Coleman
language : en
Publisher: NYU Press
Release Date : 2022-07-12
A Guide To Civil Procedure written by Brooke Coleman and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-07-12 with Law categories.
"This book represents our efforts, and the efforts of our contributors, to center questions of inequality in the teaching, learning, and practice of civil procedure by shining a light on the ways in which civil procedure may privilege-or silence-voices in our courts"--