Legitimating The Law
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Law And Irresponsibility
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Author : Scott Veitch
language : en
Publisher: Routledge
Release Date : 2007-11-14
Law And Irresponsibility written by Scott Veitch and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-11-14 with Law categories.
Law is widely assumed to provide contemporary society with its most important means of organizing responsibility. Across a broad range of areas of social life – from the activities of states and citizens, to work, business and private relationships – it is understood that legal regulation plays a crucial role in defining and limiting responsibilities. But Law and Irresponsibility pursues the opposite view: it explores how law organizes irresponsibility. With a particular focus on large-scale harms – including extensive human rights violations, forms of colonialism, and environmental or nuclear devastation – this book analyzes the ways in which law legitimates human suffering by demonstrating how legal institutions operate as much to deflect responsibility for harms suffered as to acknowledge them. Drawing on a series of case studies, it shows not only how law facilitates the dispersal and disavowal of responsibility, but how it does so in consistent and patterned ways. Irresponsibility is organized, and its organization is traced here to the legal forms, and the social and political conditions, that sustain ‘our’ complicity in human suffering. This innovative and interdisciplinary book provides a radical challenge to conventional thinking about law and legal institutions. It will be of considerable interest to those working in law, political and legal theory, sociology and moral philosophy.
Legitimating The Law
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Author : John Phillip Reid
language : en
Publisher:
Release Date : 2012
Legitimating The Law written by John Phillip Reid and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Courts categories.
John Phillip Reid is one of the most highly regarded historians of law as it was practiced on the state level in the nascent United States. He is not just the recipient of numerous honors for his scholarship but the type of historian after whom such accolades are named: the John Phillip Reid Award is given annually by the American Society for Legal History to the author of the best book by a mid-career or senior scholar. Legitimating the Law is the third installment in a trilogy of books by Reid that seek to extend our knowledge about the judicial history of the early republic by recounting the development of courts, laws, and legal theory in New Hampshire. Here Reid turns his eye toward the professionalization of law and the legitimization of legal practices in the Granite State--customs and codes of professional conduct that would form the basis of judiciaries in other states and that remain the cornerstone of our legal system to this day throughout the US. Legitimating the Law chronicles the struggle by which lawyers and torchbearers of strong, centralized government sought to bring standards of competence to New Hampshire through the professionalization of the bench and the bar--ambitions that were fought vigorously by both Jeffersonian legislators and anti-Federalists in the private sector alike, but ultimately to no avail.
The Cambridge Companion To International Law
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Author : James Crawford
language : en
Publisher: Cambridge University Press
Release Date : 2012-01-26
The Cambridge Companion To International Law written by James Crawford 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 2012-01-26 with Law categories.
A concise, intellectually rigorous and politically and theoretically informed introduction to the context, grammar, techniques and projects of international law.
Reform Of The Law Relating To Legitimation Per Subsequens Matrimonium
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Author : Scottish Law Commission
language : en
Publisher:
Release Date : 1967
Reform Of The Law Relating To Legitimation Per Subsequens Matrimonium written by Scottish Law Commission and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1967 with Illegitimacy categories.
Law And Legitimacy
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Author : Per Andersen
language : en
Publisher: Djoef Publishing
Release Date : 2015-06-16
Law And Legitimacy written by Per Andersen and has been published by Djoef Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-06-16 with Law categories.
In many ways, the crucial point about law is the question of whether the law is legitimate, as this ensures that the citizens of a society (voluntarily) obey the law. This book is an anthology arising from an interdisciplinary investigation into the relationship between law and legitimacy. The collection offers a variety of new perspectives and discusses a range of issues, including the legitimacy of the international criminal court, the EU's regulation of smoking and tobacco, and the protection of consumers. The book's contributors draw not only on legal sources in their investigations, but also on philosophy, history, and sociology for a truly interdisciplinary approach. Contents include: Introduction to Law and Legitimacy * From Jean Bodin to Michael Boss: On Legitimacy and Legitimacy Crises in a Historical Perspective * In the Name of the Law: How Consistency Can Enhance Legal Legitimacy * The International Criminal Court and the Legitimacy of Exercise * Towards Legitimacy in Above-National Rule-Making: Procentralization in Multi-Stakeholder Public Regulation * Consumer Protection and the Internal Market * In Search of Legitimacy in Regulating Tobacco and Smoking. [Subject: Law, Legal Philosophy]
Discretion To Disobey
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Author : Mortimer R. Kadish
language : en
Publisher: Quid Pro Books
Release Date : 2012-01-06
Discretion To Disobey written by Mortimer R. Kadish and has been published by Quid Pro Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-01-06 with Law categories.
Beyond civil disobedience and the citizen's power to protest and defy law, this book looks at rule departures actually sanctioned by law.This acclaimed study by philosophy professor Mortimer Kadish and law professor Sanford Kadish is a truly interdisciplinary inquiry into the idea of departing from the strict letter of the law in a way that, they argue, actually comports with both law and morality.An instant classic and source of debate when first published by Stanford University Press in 1973, this book still resonates on questions of rule violations for the greater good, jury nullification, police and prosecutor discretion not to arrest or charge, civil disobedience, and the very concept of rules. Both citizens and government actors, they write, hold the power and the right to deviate from law in certain contexts and yet not act illegally in a sense -- because law itself contains strands of adaptations to its own departures that the authors weave into a sustained jurisprudential point.As one reviewer soon wrote, "the paradoxical idea that a citizen or official may lawfully break the law" will surely "raise the hackles" of any legal positivist. Yet it remains a challenging idea well worth considering. This book, despite its reputation in the fields of law and philosophy, is actually accessible to fields and scholars beyond, and to citizens who are finding their rightful place among the powers of governmental institutions.Part of the Classics of Law & Society Series from Quid Pro, includes 2010 Notes by the series editor and is available in new high-quality digital formats as well.
Legitimation By Constitution
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Author : Frank Michelman
language : en
Publisher: Oxford University Press
Release Date : 2021-11-22
Legitimation By Constitution written by Frank Michelman 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 2021-11-22 with Law categories.
"Legitimation by Constitution" is the phrase, coined by distinguished authors Frank Michelman and Alessandro Ferrara, for a key idea in Rawlsian political liberalism of a reliance on a dualist form of democracy-a subjection of ground-level lawmaking to the constraints of a higher-law constitution that most citizens could find acceptable as a framework for their politics-as a response to the problem of maintaining a liberally just, stable, and oppression-free democratic government in conditions of pluralist visionary conflict. Legitimation by Constitution recalls, collects, and combines a series of exchanges over the years between Michelman and Ferrara, inspired by Rawls' encapsulation of this conception in his proposed liberal principle of legitimacy. From a shared standpoint of sympathetic identification with the political-liberal statement of the problem, for which legitimation by constitution is proposed as a solution, these exchanges consider the perceived difficulties arguably standing in the way of this proposal's fulfillment on terms consistent with political liberalism's defining ideas about political justification. The authors discuss the mysteries of a democratic constituent power; the tensions between government-by-the-people and government-by-consent; the challenges posed to concretization by judicial authorities of national constitutional law; and the magnification of these tensions and challenges under the lenses of ambition towards transnational legal ordering. These discussions engage with other leading contemporary theorists of liberal-democratic constitutionalism including Bruce Ackerman, Ronald Dworkin, and Jürgen Habermas.
Legitimacy And Legitimation
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Author : Gilbert Joseph McDevitt
language : en
Publisher:
Release Date : 1941
Legitimacy And Legitimation written by Gilbert Joseph McDevitt and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1941 with Illegitimacy (Canon law) categories.
Legitimizing European Criminal Law
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Author : Merita Kettunen
language : en
Publisher: Springer Nature
Release Date : 2019-11-08
Legitimizing European Criminal Law written by Merita Kettunen and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-08 with Law categories.
The book examines how and according to which principles the enactment of European criminal legislation is legitimate. The approach adopted here focuses on the constitutionalization of criminal law (i.e., the growing importance of constitutional elements of the EU legal order and the ECHR regime within criminal law). Further, it shows how and why criminal law has a unique nature, and why it should not be equated with other fields of EU law.The book explains the basic research questions and methodologies, before turning to the nature of criminal law at the level of national law, and addressing the different levels of justification for criminal law. Further, it examines the most prominent features of European criminal law and the difference between general EU law and EU criminal law, as well as the theoretical ideals for European constitutional structures and criminal law. Examples of how the law in practice might not always be in keeping with these normative ideals serve to round out the coverage.
The Law Of Legitimation By Subsequent Marriage Illustrative Of The Variances Between The Laws Of Succession To Property In England And Scotland
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Author : Erasmus Robertson
language : en
Publisher:
Release Date : 1829
The Law Of Legitimation By Subsequent Marriage Illustrative Of The Variances Between The Laws Of Succession To Property In England And Scotland written by Erasmus Robertson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1829 with Illegitimacy categories.