Law Without Future
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Law Without Future
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Author : Jack Jackson
language : en
Publisher: University of Pennsylvania Press
Release Date : 2019-07-26
Law Without Future written by Jack Jackson 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 2019-07-26 with Political Science categories.
As the 2000 decision by the Supreme Court to effectively deliver the presidency to George W. Bush recedes in time, its real meaning comes into focus. If the initial critique of the Court was that it had altered the rules of democracy after the fact, the perspective of distance permits us to see that the rules were, in some sense, not altered at all. Here was a "landmark" decision that, according to its own logic, was applicable only once and that therefore neither relied on past precedent nor lay the foundation for future interpretations. This logic, according to scholar Jack Jackson, not only marks a stark break from the traditional terrain of U.S. constitutional law but exemplifies an era of triumphant radicalism and illiberalism on the American Right. In Law Without Future, Jackson demonstrates how this philosophy has manifested itself across political life in the twenty-first century and locates its origins in overlooked currents of post-WWII political thought. These developments have undermined the very idea of constitutional government, and the resulting crisis, Jackson argues, has led to the decline of traditional conservatism on the Right and to the embrace on the Left of a studiously legal, apolitical understanding of constitutionalism (with ironically reactionary implications). Jackson examines Bush v. Gore, the post-9/11 "torture memos," the 2005 Terri Schiavo controversy, the Republican Senate's norm-obliterating refusal to vote on President Obama's Supreme Court nominee Merrick Garland, and the ascendancy of Donald Trump in developing his claims. Engaging with a wide array of canonical and contemporary political thinkers—including St. Augustine, Alexis de Tocqueville, Karl Marx, Martin Luther King Jr., Hannah Arendt, Wendy Brown, Ronald Dworkin, and Hanna Pitkin—Law Without Future offers a provocative, sobering analysis of how these events have altered U.S. political life in the twenty-first century in profound ways—and seeks to think beyond the impasse they have created.
Law Without Force
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Author : Gerhart Niemeyer
language : en
Publisher: Routledge
Release Date : 2018-01-16
Law Without Force written by Gerhart Niemeyer and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-01-16 with Law categories.
Law Without Force is a landmark in political and social philosophy. It proposes nothing less than a completely new basis for international law. As relevant today as when it was first published nearly sixty years ago, it commands the attention of all concerned with what the future may bring to the law of nations. The great scope of Niemeyer's undertaking draws respect even from those who disagree with his challenging analysis of the historical past and his suggestions for the future of international law. In his new introduction, Michael Henry observes that Law Without Force provides us with a foundation of Niemeyer's thinking. Published in 1941, when Hitler was swallowing up Europe, this volume shows how a first-rate mind grappled with a legal, historical, social, and ultimately metaphysical problem. It provides in detail the reasoning behind Niemeyer's rejection of a foreign policy based on morality and his distinction between authoritarian and totalitarian governments; and it provides us with the first stage of his lengthy and prodigious effort to understand "this terrible century." It is a book that no serious student of Niemeyer can afford to ignore. At the very heart of the author's vigorous discussion may be found his rejection of a moral basis for international law and his suggestion that a functional basis should be substituted for it. The book incisively reviews the relation between traditional international law and the changing structure of international politics concluding that the traditional system of law has operated as an agency of disharmony and conflict. After an investigation of the traditional legal system, the author then asks, "What type of law fits the social structure of this modern world?" The answers are presented in the last part of the book, as Neimeyer offers his case for a functional system of law, divorced from moral exhortations or appeals to shattered authority. Philosophy, sociology, and legal theory are brilliantly interwoven in this volume, which will engage serious readers interested in political and social theory.
Constitutionalism And Legal Reasoning
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Author : Massimo La Torre
language : en
Publisher: Springer Science & Business Media
Release Date : 2007-04-10
Constitutionalism And Legal Reasoning 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 2007-04-10 with Law categories.
This book of legal philosophy contends that positive law is better understood if it is not too easily equated with power, force, or command. Law is more a matter of discourse and deliberation than of sheer decision or of power relations. Here is thought-provoking reading for lawyers, advocates, scholars of jurisprudence, students of law, philosophy and political science, and general readers concerned with the future of the constitutional state.
The Law Of The Future And The Future Of Law
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Author : Sam Muller
language : en
Publisher: Torkel Opsahl Academic EPublisher
Release Date : 2012-10-31
The Law Of The Future And The Future Of Law written by Sam Muller and has been published by Torkel Opsahl Academic EPublisher this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-10-31 with Law categories.
Rights of robots, a closer collaboration between law and the health sector, the relation between justice and development - these are some of the topics covered in The Law of the Future and the Future of Law: Volume II. The central question is: how will law evolve in the coming years? This book gives you a rich array of visions on current legal trends. The readable think pieces offer indications of law's cutting edge. The book brings new material that is not available in the first volume of The Law of the Future and the Future of Law, published in June 2011. Among the authors in this volume are William Twining (Emeritus Quain Professor of Jurisprudence, University College London), David Eagleman (Director, Initiative on Neuroscience and Law), Hassane Cisse (Deputy General Counsel, The World Bank), Gabrielle Marceau (Counsellor, World Trade Organisation), Benjamin Odoki (Chief Justice, Republic of Uganda), Martijn W. Scheltema (Attorney at law, Pels Rijcken and Droogleever Fortuijn), Austin Onuoha (Founder, The Africa Centre for Corporate Responsibility), Lokke Moerel (Partner, De Brauw Blackstone Westbroek), S.I. Strong (Senior Fellow, Center for the Study of Dispute Resolution), Jan M. Smits (Chair of European Private Law, Maastricht University).
Constitutionalism And Legal Reasoning
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Author : Massimo La Torre
language : en
Publisher: Springer
Release Date : 2009-09-03
Constitutionalism And Legal Reasoning written by Massimo La Torre and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-09-03 with Law categories.
This book of legal philosophy contends that positive law is better understood if it is not too easily equated with power, force, or command. Law is more a matter of discourse and deliberation than of sheer decision or of power relations. Here is thought-provoking reading for lawyers, advocates, scholars of jurisprudence, students of law, philosophy and political science, and general readers concerned with the future of the constitutional state.
The Future Of Law
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Author : Richard E. Susskind
language : en
Publisher:
Release Date : 2023
The Future Of Law written by Richard E. Susskind and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with Law categories.
This book attempts to explain why and how information technology will radically alter the practice of law and the administration of justice. The author is a leading expert on the subject of computers and the law.
The Law Of The Future And The Future Of Law
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Author : Sam Muller
language : en
Publisher: Torkel Opsahl Academic EPublisher
Release Date : 2011-06-21
The Law Of The Future And The Future Of Law written by Sam Muller and has been published by Torkel Opsahl Academic EPublisher this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-06-21 with Law categories.
The Law of the Future and the Future of Law is a unique collection of 'think pieces' in which a wide variety of experts share their thoughts on how they envision the future of law. By asking the question -What do you see as the most significant challenges for the development of the law? What developments are we likely to see in the coming two to three decades? What do those developments mean for national legal systems as a whole?- the Hague Institute for the Internationalisation of Law (HiiL) has canvassed the views of a large number of renowned experts in particular areas of law. This volume was prepared as part of the Law of the Future Joint Action Programme and as the basis of the Law of the Future Conference on 23 and 24 June 2011. The Law of the Future Joint Action Programme is based on the premise that prospective thinking about law is not only desirable but also required in order to ensure that law and legal systems do not become obsolete, ineffective or unjust. The aim is to set a world standard in thinking ahead, to guide decision makers today. For more information, visit www.lawofthefuture.org.
Future Law
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Author : Edwards Lilian Edwards
language : en
Publisher: Edinburgh University Press
Release Date : 2020-03-02
Future Law written by Edwards Lilian Edwards and has been published by Edinburgh University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-03-02 with Law categories.
How will law, regulation and ethics govern a future of fast-changing technologies? Bringing together cutting-edge authors from academia, legal practice and the technology industry, Future Law explores and leverages the power of human imagination in understanding, critiquing and improving the legal responses to technological change. It focuses on the practical difficulties of applying law, policy and ethical structures to emergent technologies both now and in the future. It covers crucial current issues such as big data ethics, ubiquitous surveillance and the Internet of Things, and disruptive technologies such as autonomous vehicles, DIY genetics and robot agents. By using examples from popular culture such as books, films, TV and Instagram - including 'Black Mirror', 'Disney Princesses', 'Star Wars', 'Doctor Who' and 'Rick and Morty' - it brings hypothetical examples to life. And it asks where law might go next and to regulate new-phase technology such as artificial intelligence, 'smart homes' and automated emotion recognition.
The Future Of The Public Domain
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Author : Lucie M. C. R. Guibault
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2006-01-01
The Future Of The Public Domain written by Lucie M. C. R. Guibault and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-01-01 with Law categories.
The presence of a robust public domain is an essential precondition for cultural, social and economic development and for a healthy democratic process. But the public domain is under pressure as a result of the ongoing march towards an information economy. Items of information, which in the `old economy had little or no economic value, such as factual data, personal data, genetic information and pure ideas, have acquired independent economic value in the current information age, and consequently become the object of property rights making the information a tradable commodity. How and to what extent does the commodification of information affect the free flow of information and the integrity of the public domain? Does the freedom of expression and information, guaranteed inter alia in the European Convention on Human Rights, call for active state intervention to `save the public domain? What means both legal and practical are available or might be conceived to guarantee and foster a robust public domain? These were the main questions that were addressed in a major collaborative research project led by the Institute for Information Law of the University of Amsterdam (IViR) in co-operation with the Tilburg Institute for Law, Technology and Society (TILT) of Tilburg University, and funded by ITeR, the Dutch National Program for Information Technology and Law. Thirteen contributions from academia worldwide make up the present book, addressing the future of the public domain from a different angle. In addition, all authors were invited to reflect upon the notion and role of the public domain in the context of information law and policy. Should this concept be limited to that of a `negative image of (intellectual) property protection, i.e. all publicly available information not subject to a property right, and therefore freely (i.e. gratis) available, or should a broader approach be taken, e.g. all information available from public sources at affordable cost? Should information policies be aimed at maximizing the public domain or optimizing information flows? To what extent are these aims congruent? This book takes a broader, `information law oriented approach towards the question of preserving the public domain, in which a wide range of interrelated legal questions converge. Issues treated in this book include: Economic analysis of the public domain Fundamental rights analysis of the public domain Impact of the application of technological protection measures and contractual restrictions on the public domain The impact of the expansion of copyright, database right and patent rights on the public domain The impact of the commodification of private data, government information, indigenous knowledge on the public domain The capacity of the Open Source and Creative Commons Movements to preserve the integrity of the public domain The Future of the Public Domain is an important work for all those interested or involved in the regulation of the knowledge economy. Legal scholars, academic and research institutions, corporate counsel, lawyers, government policymakers and regulators all these and more will benefit enormously from the thoughtful and incisive discussions presented here.
The Past And Future Of Law
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Author : E.O. Blunsom
language : en
Publisher: Xlibris Corporation
Release Date : 2013-04-10
The Past And Future Of Law written by E.O. Blunsom and has been published by Xlibris Corporation this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-04-10 with Law categories.
We live in our nations, but what other nations do may affect us, and sometimes immensely. We are all members of the world community of people living in our dangerous world. The purpose of the following book is to consider the laws and practices that govern our nations and, through them, our world. It builds on the premise that unless we change and improve our laws, the human race may not survive in the future. It is not about any particular nation, but about all nations. Many citizens believe their nations are ideal, providing freedom and justice, and with governments representative of the people. This may be true in their minds and according to their beliefs, but the dangers and sufferings of the world continue. They are the concern of us all because they affect all people. The world has changed vastly from the past. It is technically more advanced, but also more dangerous because of nuclear and other deadly weapons and widespread poverty and diseases in overgrown populations. The past, in spite of its myriad wars and premature deaths, has survived. Can our present world, using the same instruments—power nations, “positive laws” strictly enforced, retaliations, and harsh punishments—also survive? The answer may be an unequivocal no reverberating through future power wars. We need a fresh outlook, different laws, and a new phase of global society to replace the past. Legal philosophers have proclaimed many varieties of laws, including “eternal laws” provided by God and “natural laws” according to human nature. Most are nonenforced laws that they say, “Ought to be.” “Positive laws” are those that exist, made and enforced by nations.