Form And Function In A Legal System
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Form And Function In A Legal System
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Author : Robert S. Summers
language : en
Publisher: Cambridge University Press
Release Date : 2005-11-14
Form And Function In A Legal System written by Robert S. Summers 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 2005-11-14 with Law categories.
This book addresses three major questions about law and legal systems: (1) What are the defining and organising forms of legal institutions, legal rules, interpretative methodologies, and other legal phenomena? (2) How does frontal and systematic focus on these forms advance understanding of such phenomena? (3) What credit should the functions of forms have when such phenomena serve policy and related purposes, rule of law values, and fundamental political values such as democracy, liberty, and justice? This book seeks to offer general answers to these questions and thus gives form in the law its due. The answers not only provide articulate conversancy with the subject but also reveal insights into the nature of law itself, the oldest and foremost problem in legal theory and allied subjects.
The Instrumentalities Of Justice
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Author : Francis Robert Aumann
language : en
Publisher:
Release Date : 1956
The Instrumentalities Of Justice written by Francis Robert Aumann and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1956 with Administrative law categories.
The Faces Of Justice And State Authority
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Author : Mirjan R. Damaska
language : en
Publisher: Yale University Press
Release Date : 1991-07-24
The Faces Of Justice And State Authority written by Mirjan R. Damaska and has been published by Yale University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991-07-24 with Law categories.
A leading legal scholar provides a highly original comparative analysis of how justice is administered in legal systems around the world and of the profound and often puzzling changes taking place in civil and criminal procedure. Constructing a conceptual framework of the legal process based on the link between politics and justice, Mirjan R. Damaska provides a new perspective that enables disparate procedural features to emerge as fascinating recognizable patterns. His book is "a significant work of scholarship . . . full of important insights."—Harold J. Berman
Law Institution And Legal Politics
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Author : Ota Weinberger
language : en
Publisher: Springer Science & Business Media
Release Date : 1991-03-31
Law Institution And Legal Politics written by Ota Weinberger and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991-03-31 with Philosophy categories.
It gives me great pleasure to offer this foreword to the present work of my admired friend and respected colleague Ota Weinberger. Apart from the essays of his which were published in our joint work An Institutional Theory of Law: New Approaches to Legal Positivism in 1986, relatively little of Wein berger's work is available in English. This is the more to be regretted, since his is work of particular interest to jurists of the English-speaking world both in view of its origins and in respect of its content As to its origins, Weinberger war reared as a student of the Pure Theory of Law, a theory which in its Kelsenian form has aroused very great interest and has had considerable influence among anglophoone scholars -perhaps even more than in the Germanic countries. Less well known is the fact that the Pure Theory itself divided into two schools, that of Vienna and that of Brno. It was in the Brno school of Frantisek Weyr that Weinberger's legal theory found its early formation, and perhaps from that early influence one can trace his continuing insistence on the dual character of legal norms -both as genuinely normative and yet at the same time having real social existence.
American Legal Systems
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Author : Toni Jaeger-Fine
language : en
Publisher:
Release Date : 2015
American Legal Systems written by Toni Jaeger-Fine and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Judicial process categories.
The book provides an overview of American legal institutions and sources of law, and presents a guide to the interrelationships between and among those institutions and legal authorities. It discusses the defining role of the doctrine of stare decisis in the American common law system and the critical judicial review function. In addition, American Legal Systems shows the reader how to determine and apply the relative priorities of sources of law, all in the context of the legislative process, agency action, and principles of constitutional and legislative supremacy. American Legal Systems ties many of these concepts to the realities of law practice. Portions of the book demonstrate how to locate specific resources, use legal terms, and prepare commonplace legal documents. Among the main virtues of the book is its reader-friendliness. It introduces readers to some extremely complicated issues of American jurisprudence in a clear and straightforward way. It is relatively short and concise, much of it in chart form, allowing the user to quickly find and assimilate sought-after information. American Legal Systems can be used for reference purposes in conjunction with a student's substantive course work, or it could be used in connection with an experiential task, such as legal research and writing. Of course, it can also be read on its own.
Legal Reasoning In Environmental Law
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Author : Douglas Fisher
language : en
Publisher: Edward Elgar Publishing
Release Date : 2013-09-30
Legal Reasoning In Environmental Law written by Douglas Fisher 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 2013-09-30 with Law categories.
ŠI am afraid that an endorsement of this kind, however condense and packed with praise, cannot do justice to Doug Fisher�s latest book. A respected and seasoned environmental law scholar, Fisher skilfully reminds us that law is about language and that
A Three Dimensional Theory Of Law
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Author : María José Falcon y Tella
language : en
Publisher: BRILL
Release Date : 2010-04-27
A Three Dimensional Theory Of Law written by María José Falcon y Tella and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-04-27 with Law categories.
What this book intends to do is to study three-dimensionalism (the distinction values-norms-facts) not in what could be called its historical dimension, but in its substantive aspect, as a “form” that, when applied to different legal themes, would construct a “material” theory of law.
Sou Ccj230 Introduction To The American Criminal Justice System
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Author : Alison Burke
language : en
Publisher:
Release Date : 2019
Sou Ccj230 Introduction To The American Criminal Justice System written by Alison Burke and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with categories.
Necessity And Proportionality In International Peace And Security Law
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Author : Claus Kreß
language : en
Publisher: Oxford University Press
Release Date : 2020-10-01
Necessity And Proportionality In International Peace And Security Law written by Claus Kreß 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 2020-10-01 with Law categories.
Necessity and proportionality hold a firm place in the international law governing the use of force by states, as well as in the law of armed conflict. However, the precise contours of these two requirements are uncertain and controversial. The aim of Necessity and Proportionality in International Peace and Security Law is to explore how necessity and proportionality manifest themselves in the modern world under the law governing the use of force and the law of armed conflict, and how they relate to each other. The book explores the ways in which necessity and proportionality are applied in practice and addresses pressing legal issues in the law on the use of force, including the controversial "unwilling and unable" test for the use of force in self-defense, drones and targeted killing, the application of this legal regime during civil war, and the need for further transparency in states' justification for the use of force in self-defense. The analysis of the role of military necessity within the law of armed conflict on the modern battlefield focuses on the history and nature of the principle of military necessity, the proper application of the principle of proportionality, how commanders should account for mental harm in calculating proportionality, and the role artificial intelligence and autonomous weapons systems may play in proportionality analysis. The book concludes with a discussion of the potential role of proportionality in the law governing post-conflict contexts.
Comparative Law And Legal Traditions
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Author : George Mousourakis
language : en
Publisher: Springer Nature
Release Date : 2019-11-01
Comparative Law And Legal Traditions written by George Mousourakis and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-01 with Law categories.
The primary aim of this book is to provide clear and reliable information on a number of central topics in comparative law. At a time when global society is increasingly mobile and legal life is internationalized, the role of comparative law is gaining importance. While the growing interest in this field may well be attributed to the dramatic increase in international legal transactions, this empirical parameter is only part of the explanation. The other part, and (at least) equally important, has to do with the expectation of gaining a deeper understanding of law as a social phenomenon and a fresh insight into the current state and future direction of one’s own legal system. In response to the internationalization of legal practice and theory, law schools around the world have expanded their comparative law programs. Within the legal subjects that form the core of the curriculum there is a greater interest in comparative legal analysis, as well as greater attention to how global developments and international actors and institutions affect domestic law. Transnational legal education based on comparative reasoning is intended to help shape a new generation of lawyers, public servants and other professionals who recognize and respect cultural diversity in an interconnected world. The central topics discussed in this book include: the nature and scope of comparative legal inquiries; the relationship of comparative law to other fields of legal study; the aims and uses of comparative law; the origins and historical development of comparative law; and the evolution and defining features of some of the world’s predominant legal traditions. It also deals with selected theoretical aspects, such as the problem of comparability of legal events; the classification of legal systems into families of law; and the topics of legal transplants, harmonization and convergence of laws. Chiefly intended for students, the book also discusses a number of fundamental issues concerning the development of comparative law, and devotes certain sections to reviewing the salient features of the relevant literature on definitional, terminological, methodological and historical issues.