Common Law And Modern Society
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Law And Modern Society
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Author : P. S. Atiyah
language : en
Publisher: Oxford University Press, USA
Release Date : 1983
Law And Modern Society written by P. S. Atiyah and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 1983 with Language Arts & Disciplines categories.
The law in a modern society is a bulky and complex instrument, with a tendency to become less fixed, less rule-oriented, and more discretionary. An institution made by men for the government of men, the law today can all too readily confuse and dismay us. How and why is so much new law made? By what right does a judge order that a man be sent to jail? Why is so much law so bad, and why should we, the people, accept the laws made by those who claim the right to govern us? In this lucid, stimulating and completely updated survey which presupposes no specialist knowledge of the subject, P. S. Atiyah introduces the reader to a number of fundamental issues about the law, the legal profession, and the adjudicative process. This new edition gives greater emphasis to the effect of membership of the European Community on English law, and gives an expanded account of the European convention on Human Rights with its subsequent effects on English law. Atiyah also looks at the recent controversy over the independence of the judiciary, problems arising from the cost of legal services and legal aid, and the many appalling miscarriages of justice which have disfigured the legal system in the past decade.
Common Law And Modern Society
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Author : Mary Arden
language : en
Publisher: Oxford University Press
Release Date : 2015-12-17
Common Law And Modern Society written by Mary Arden 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 2015-12-17 with Law categories.
Law is a lasting social institution, but it must also be open to change. How is law made, and what prompts change? How can society influence the law, and how does the law respond to societal change? The first volume of Shaping Tomorrow's Law examined human rights and European law. In this second volume Mary Arden turns her attention to domestic law, providing a judge's viewpoint on the roles of society, government, and the judiciary in the transformation and reform of the law. The first section of Common Law and Modern Society explains what we mean by judge-made law and shows how the law responds to the needs of a changing society. Adaptation may be in response to shifting values, or in response to constitutional change. This is demonstrated in chapters on assisted reproduction and assisted dying, both modern concerns, and a far older example, that of the law on water, which has been evolving over the centuries in response to society's changing demands. The law also needs to reflect constitutional change, as in the case of Welsh devolution. The second section of the book looks at the necessary simplification of the law and systematic legal reform. These tasks lie at the heart of the work of the Law Commission, which celebrated its 50th anniversary in 2015. Drawing on her own experience as former Chairman of the Law Commission, Mary Arden argues that statute law can be made simpler by codification, and that the success of codification may vary depending on the field of law. The final section looks ahead to tomorrow's judiciary. The accountability of judges is a continuing area of discussion, and this includes ensuring that the reasoning behind their decisions is understood by the relevant people. Mary Arden goes on to argue that the vision for the judiciary today and tomorrow should be one of greater diversity in the widest sense. This will help to ensure not only greater fairness and wider opportunity but also better decision-making. The book concludes with advice and encouragement for future legal professionals.
The Oldest Social Science
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Author : W. T. Murphy
language : en
Publisher: Oxford University Press
Release Date : 1997
The Oldest Social Science written by W. T. Murphy 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 1997 with Law categories.
This original book challenges the assumption that the post-war period is hallmarked by the triumph of the rule of law. It presents a sophisticated interpretation of the true role played by law in modern society, sidestepping the usual emphasis in legal theory on normative questions. Tim Murphy approaches his subject by focusing on adjudication as a social practice and as a set of governmental techniques. From this viewpoint, he explores how the relationship between law, government and society has changed in the course of history in significant ways. In so doing, he addresses the central concerns of scholars, students, and the public in relation to the future of law.
Law Society And The State
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Author : Louis A. Knafla
language : en
Publisher:
Release Date : 1995
Law Society And The State written by Louis A. Knafla and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Law categories.
A collection of original essays on the interaction of law and society within communities, societies, and states in common law jurisdictions of the former British empire. While the focus is on Canada, the areas covered range from southeast Asia to the US, encompassing the themes of comparative colonial legal experiences; disorder, unrest, and state intervention; gender and the law; and the archival sources of the central state, local police forces, and the legal profession. An analytical introduction by the editors frames the context. Paper edition (unseen), $24.95. Annotation copyright by Book News, Inc., Portland, OR
Law In Modern Society
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Author : Denis Galligan
language : en
Publisher: OUP Oxford
Release Date : 2006-09-14
Law In Modern Society written by Denis Galligan and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-09-14 with Law categories.
Providing an introduction to law in modern society, D. J. Galligan considers how legal theory, and particularly H. L. A Hart's The Concept of Law, has developed the idea of law as a highly developed social system, which has a distinctive character and structure, and which shapes and influences people's behaviour. The concept of law as a distinct social phenomenon is examined through reference to, and analysis of, the work of prominent legal and social theorists, in particular M. Weber, E. Durkheim, and N. Luhmann. Galligan's approach is guided by two main ideas: that the law is a social formation with its own character and features, and that at the same time it interacts with, and is affected by, other aspects of society. In analysing these two ideas, Galligan develops a general framework for law and society within which he considers various aspects including: the nature of social rules and the concept of law as a system of rules; whether law has particular social functions and how legal orders run in parallel; the place of coercion; the characteristic form of modern law and the social conditions that support it; implementation and compliance; and what happens when laws are used to change society. Law in Modern Society encourages legal scholars to consider the law as an expression of social relations, examining the connections and tensions between the positive law of modern society and the spontaneous relations they often try to direct or change.
The Spirit Of The Common Law
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Author : Roscoe Pound
language : en
Publisher: Routledge
Release Date : 2018-04-24
The Spirit Of The Common Law written by Roscoe Pound and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-04-24 with Law categories.
The Spirit of the Common Law is one of Roscoe Pound's most notable works. It contains the brilliant lectures he delivered at Dartmouth College in the summer of 1921. It is a seminal book embodying the spiritual essence of sociological jurisprudence by its leading prophet. This work is both a celebration of the common law and a warning for common law judges and lawyers to return to and embrace the pragmatism and judicial empiricism that define and energize the common law. The two fundamental doctrines of the common law, Pound writes, are the doctrine of precedents and the doctrine of supremacy of law.In an earlier preface, Justice Arthur J. Goldberg writes that The Spirit of the Common Law will always be treasured by judges and lawyers for its philosophy and history, but more importantly for Roscoe Pound's optimism and faith in the capacity of law to keep up with the times without sacrificing fundamental values. It is a faith built upon the conviction that the present is not to be divorced from the past, but rather that the past and the present are to be built upon to make a better future. Neil Hamilton and Mathias Alfred Jaren provide a biographical introduction to the book. They discuss the various influences upon Pound's scholarly pursuits and they analyze many of his writings that led up to The Spirit of the Common Law. This volume is a necessary addition to the libraries of legal scholars and professionals, sociologists, and philosophers.
The Common Law
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Author : Oliver Wendell Holmes
language : en
Publisher: Transaction Publishers
Release Date : 2004-11-01
The Common Law written by Oliver Wendell Holmes and has been published by Transaction Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-11-01 with Law categories.
The Common Law is Oliver Wendell Holmes' most sustained work of jurisprudence. In it the careful reader will discern traces of his later thought as found in both his legal opinions and other writings. At the outset of The Common Law Holmes posits that he is concerned with establishing that the common law can meet the changing needs of society while preserving continuity with the past. A common law judge must be creative, both in determining the society's current needs, and in discerning how best to address these needs in a way that is continuous with past judicial decisions. In this way, the law evolves by moving out of its past, adapting to the needs of the present, and establishing a direction for the future. To Holmes' way of thinking, this approach is superior to imposing order in accordance with a philosophical position or theory because the law would thereby lose the flexibility it requires in responding to the needs and demands of disputing parties as well as society as a whole. According to Holmes, the social environment--the economic, moral, and political milieu--alters over time. Therefore, in order to remain responsive to this social environment, the law must change as well. But the law is also part of this environment and impacts it. There is, then, a continual reciprocity between the law and the social arrangements in which it is contextualized. And, as with the evolution of species, there is no starting over. Rather, in most cases, a judge takes existing legal concepts and principles, as these have been memorialized in legal precedent, and adapts them, often unconsciously, to fit the requirements of a particular case and present social conditions. Oliver Wendell Holmes, Jr. (1841-1935) served as chief justice of the Massachusetts Supreme Court and as an associate justice of the U.S. Supreme Court. He was nicknamed the "Great Dissenter" because of his many dissenting opinions. Holmes is also the author of Kent's Commentaries on the Law (1873) and "The Path of the Law" (1897). Tim Griffin has advanced degrees in philosophy and law, and has taught philosophy and legal theory courses at a number of universities. He is currently a seminarian pursuing ordination to the priesthood in the Episcopal Church.
The Rule Of Law
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Author : Franz Neumann
language : en
Publisher: Berg Publishers
Release Date : 1986
The Rule Of Law written by Franz Neumann and has been published by Berg Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1986 with Law categories.
Common Law Natural Rights
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Author : Ruben Alvarado
language : en
Publisher: WordBridge Publishing
Release Date : 2009-08
Common Law Natural Rights written by Ruben Alvarado and has been published by WordBridge Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-08 with Law categories.
Common law is explored as the alternative to natural rights as a means of restricting state power. The separation of powers is weighed in the balance and found wanting as a brake on state power. The underlying root of this inability is discovered in the philosophy of natural rights. Natural rights gave birth to the separation of powers, but neither the former nor the latter has been able to restrain government. This failure is highlighted in detail, and the alternative means to the same end, the common law, is brought to the fore.
Rights In Context
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Author : Professor Reza Banakar
language : en
Publisher: Ashgate Publishing, Ltd.
Release Date : 2013-02-28
Rights In Context written by Professor Reza Banakar and has been published by Ashgate Publishing, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-02-28 with Law categories.
This volume offers snapshots of how rights are debated and employed in public discourse to reshape legal and political relations at the beginning of the twenty-first century. It explores how rights are used to challenge the state of affairs by individuals and groups who seek justice, and the strategies devised to defy the existing rights by those who wish to recast the social and political order. This volume discusses rights, firstly, in relation to actual events and issues faced by policy-makers, courts, international agencies, or ordinary people. These range from the demands of minority groups living in the West to freely practice their culture and/or religion, to the threat of terrorism, the regulation of asylum rights, the investor's rights to disclosure and the rights of artists to freedom of expression. Secondly, rights discourse is examined in relation to attempts to redefine the form and content of rights, for example, by banning the right to wear religious symbols in public institutions or detaining terrorism suspects without trial. Thirdly, rights discourse is explored in connection with the attempts to develop new notions of rights, such as 'human security', which can more effectively respond to the challenges of late modern societies. Finally, the statuses of rights in sociological theory and socio-legal research are briefly discussed and analysed.