Law Institution And Legal Politics
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Law As Institution
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Author : Massimo La Torre
language : en
Publisher: Springer Science & Business Media
Release Date : 2010-08-13
Law As Institution written by Massimo La Torre 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 2010-08-13 with Philosophy categories.
This book – which is the result of several years of research, discussion, writing and re-writing – consists of three parts and eight chapters. The rst part is given by the two rst chapters introducing the issue of validity and facticity in law. The second part (Chapters 3, 4 and 5) is the core of this study and tries to present a theory based on a speci c view about language and social practice. The third part deal with the issue of value judgments and views about morality and consists of Chapters 6 and 7. Chapter 8 should nally serve as epilogue. In the rst chapter a discussion is started about the relationship between law and power, seen as a presupposition for an assessment of the nature of law. As a matter of fact, as has been remarked, “general theories of law struggle to do justice to the 1 multiple dualities of the law”. Indeed, law has a “dual nature”: it is a fact, but it also a norm, a sort of ideal entity. Law is sanction, but it is also discourse. It is effectivity, or facticity, but it is also a vehicle of principles among which the central one is justice. But this duality is not only a phenomenological, or a matter of justi cation and implementation as two separate moments.
The Politics Of The Common Law
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Author : Adam Gearey
language : en
Publisher: Routledge
Release Date : 2013-05-02
The Politics Of The Common Law written by Adam Gearey and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-05-02 with Law categories.
The Politics of the Common Law offers a critical introduction to the legal system of England and Wales. Unlike other conventional accounts, this revised and updated second edition presents a coherent argument, organised around the central claim that contemporary postcolonial common law must be understood as an articulation of human rights and open justice. The book examines the impact of the European Convention and European Union law on the structures and ideologies of the common law and engages with the politics of the rule of law. These themes are read into normative accounts of civil and criminal procedure that stress the importance of due process. The final sections of the book address the reality of civil and criminal procedure in the light of recent civil unrest in the UK and the growing privatisation of public services. The book questions whether it is possible to find a balance between the requirements of economics and the demands of justice.
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.
The Politics Of Jurisprudence
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Author : Roger B. M. Cotterrell
language : en
Publisher: University of Pennsylvania Press
Release Date : 1992
The Politics Of Jurisprudence written by Roger B. M. Cotterrell and has been published by University of Pennsylvania Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992 with Law categories.
Selected byChoice magazine as an Outstanding Academic Title
Good Government And Law
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Author : J. Faundez
language : en
Publisher: Springer
Release Date : 2016-07-27
Good Government And Law written by J. Faundez and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-07-27 with Political Science categories.
The provision of legal technical assistance has in recent years become a major concern for international financial institutions, such as the World Bank, and for Western-based bilateral donor agencies. This book offers critical perspectives for the evaluation of legal technical assistance projects and contains proposals for action and research. Five chapters offer general perspectives on law, state and civil society and the remaining six case studies on themes such as economic regulation, agrarian reform, representation of women and access to justice.
The Oxford Handbook Of Law And Politics
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Author : Keith E. Whittington
language : en
Publisher: Oxford University Press on Demand
Release Date : 2010-06-10
The Oxford Handbook Of Law And Politics written by Keith E. Whittington and has been published by Oxford University Press on Demand this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-06-10 with Law categories.
The Oxford Handbooks of Political Science are the essential guide to the state of political science today. With engaging contributions from major international scholars, The Oxford Handbook of Law and Politics provides the key point of reference for anyone working on the interception between law and political science.
Courts Politics And Constitutional Law
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Author : Martin Belov
language : en
Publisher: Routledge
Release Date : 2019-10-16
Courts Politics And Constitutional Law written by Martin Belov and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-10-16 with Law categories.
This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.
Law Capitalism And Power In Asia
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Author : Kanishka Jayasuriya
language : en
Publisher: Routledge
Release Date : 2006-06-19
Law Capitalism And Power In Asia written by Kanishka Jayasuriya and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-06-19 with Social Science categories.
A challenging and provocative book that contests the liberal assumption that the rule of law will go hand in hand with a transition to market-based economies and even democracy in East Asia. Using case studies from Hong Kong, China, Indonesia, Malaysia, Taiwan, Japan and Vietnam, the authors argue that the rule of law is in fact more likely to provide political elites with the means closely to control civil society. It is essential, therefore, to locate conceptions of judicial independence and the rule of law more generally within the ideological vocabulary of the state.
The Politics Of European Legal Research
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Author : Bartl, Marija
language : en
Publisher: Edward Elgar Publishing
Release Date : 2022-04-19
The Politics Of European Legal Research written by Bartl, Marija 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 2022-04-19 with Law categories.
Making a key contribution to the contemporary debate about methods in European legal research, this comprehensive book looks behind different methodologies to explore the institutional, disciplinary, and political conflicts that shape questions of ‘method’ or ‘approach’ in European legal scholarship. Offering a new perspective on the underlying politics of method, it identifies four core dimensions of methodological struggle in legal research – the politics of questions, the politics of answers, the politics of legal audiences, and the politics of the concept of law.
Politics Postmodernity And Critical Legal Studies
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Author : Costas Douzinas
language : en
Publisher: Routledge
Release Date : 2005-08-02
Politics Postmodernity And Critical Legal Studies written by Costas Douzinas and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-08-02 with Social Science categories.
This timely and assured book provides a unique guide to critical legal studies which is one of the most exciting developments within contemporary jurisprudence. It is the first book to systematically apply a critical philosophy to the substance of common law. The book develops a coruscating and interdisciplinary overview of the politics and cultural significance of the institutions of the law.