Rethinking Law As Process
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Rethinking Law As Process
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Author : James MacLean
language : en
Publisher: Routledge
Release Date : 2012
Rethinking Law As Process written by James MacLean and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Law categories.
Rethinking Law as Process draws on insights from 'process philosophy' in order to rethink the nature of legal decision-making. While there have been significant developments in the application of âe~processâe(tm) thought across a number of disciplines, little notice has been taken of Whiteheadian metaphysics in law. Nevertheless, process thought offers significant opportunities for serious inquiry into the nature of legal reasoning and the practical application of law. Focusing on the practices of organising, rather than their effects, an increased processual awareness re-orients understanding away from the mechanistic and rationalist assumptions of Newtonian thought, and towards the interminable ontological quest to arrest or to classify the essentially undivided flow of human experience. Drawing together insights from a number of different fields, James Maclean argues that it is because our inherited conceptual framework is tied to a âe~staticâe(tm) way of thinking that every attempt to offer justifying reasons for legal decisions appears at best to register only at the level of explanation. Rethinking Law as Process resolves this problem, and so provides a more adequate description of the nature of law and legal decision-making, by repositioning law within a thoroughly processual world-view, in which there is only the continuous effort to refine and to redefine the continuous flux of legal understanding.
Rethinking The Sources Of International Law
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Author : Godefridus J. H. Hoof
language : en
Publisher: Brill Archive
Release Date : 1983-01-01
Rethinking The Sources Of International Law written by Godefridus J. H. Hoof and has been published by Brill Archive this book supported file pdf, txt, epub, kindle and other format this book has been release on 1983-01-01 with Law categories.
Deals with the concept of sources of international law.
Rethinking Law As Process
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Author : James MacLean
language : en
Publisher: Routledge
Release Date : 2012-05-23
Rethinking Law As Process written by James MacLean and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-05-23 with Law categories.
Rethinking Law as Process draws on insights from 'process philosophy' in order to rethink the nature of legal decision making.
Appeal To The People S Court
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Author : Vincent Luizzi
language : en
Publisher: BRILL
Release Date : 2018-04-24
Appeal To The People S Court written by Vincent Luizzi and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-04-24 with Law categories.
In Appeal to the People’s Court: Rethinking Law, Judging, and Punishment, Vincent Luizzi turns to the goings on in courts at the lowest level of adjudication for fresh insights for rethinking these basic features of the legal order.
Legal Thoughts Convert
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Author : Jan M. Broekman
language : en
Publisher: Springer Nature
Release Date : 2020-03-07
Legal Thoughts Convert written by Jan M. Broekman and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-03-07 with Law categories.
This book highlights how conversion via communication is one of the most important issues in legal thinking. A major aspect is its link with language – legal texts, judgments, opinions and legal concepts included. Further, conversion is connected to all social positions in law. But a jurist will not solely master specific social behaviors or become the manager of large-scale political fields of law as a legal scientist. A continuously changing integration opens up to his views on reality as it presents itself incessantly. Law and its functionaries are in a never-ending process of change in all domains of culture, which mark the 21st century. Conversions thus concern the riddle of wisdom and automatism, of individual privacy and social fixations, of philosophical considerations and converting flows.
Rethinking Legal Reasoning
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Author : Geoffrey Samuel
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018-08-31
Rethinking Legal Reasoning written by Geoffrey Samuel 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 2018-08-31 with Law categories.
‘Rethinking’ legal reasoning seems a bold aim given the large amount of literature devoted to this topic. In this thought-provoking book, Geoffrey Samuel proposes a different way of approaching legal reasoning by examining the topic through the context of legal knowledge (epistemology). What is it to have knowledge of legal reasoning?
Rethinking The Headlines
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Author : Joel Clarke Gibbons
language : en
Publisher: Xlibris Corporation
Release Date : 2009-02-20
Rethinking The Headlines written by Joel Clarke Gibbons and has been published by Xlibris Corporation this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-02-20 with Political Science categories.
Rethinking Law And Development
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Author : Guanghua Yu
language : en
Publisher: Routledge
Release Date : 2013-03-12
Rethinking Law And Development written by Guanghua Yu and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-12 with Business & Economics categories.
This book is the result of the collective effort of some of the foremost experts and scholars of Chinese law, Asian law, and Chinese economics and carefully examines the relationship between law and China’s economic development. Serious inquiries and candid opinions of the contributors have made for stimulating discussion and debate in many controversial areas. This book is likely to result in further research into factors affecting China’s economic development, political change, and China’s interaction with the international community. The book explores the development of the Chinese legal system from both China’s historical perspective, taking into account the specific political and socioeconomic factors that are shaping Chinese law, and from a comparative perspective exploring the interaction between China and the rest of the world. The book brings together key international scholars of Chinese law and economics including Hualing Fu, Roda Mushkat, Randall Peerenboom, Zhigang Tao and Frank Upham. The first part of the book focuses on the linkages between the formal law and China’s economic development, looking at Chinese courts, economic institutions and firm behaviour as well as contract enforcement and property rights. Part two deals with issues of law, human rights, and social justice as they relate to economic and human development. Taken as a whole, the book offers a unique discourse on the interaction between law and economic and human development in China.
Rethinking International Law And Justice
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Author : Charles Sampford
language : en
Publisher: Routledge
Release Date : 2016-04-08
Rethinking International Law And Justice written by Charles Sampford and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-08 with Law categories.
General principles of law have made, and are likely further to make, a significant contribution to our understanding of the constituent elements of global justice. Dealing extensively with global headline issues of peace, security and justice, this book explores justice arising in specific areas of international law, as well as underlying theories of justice from political science and international relations. With contributions from leading academics and practitioners, the book adopts an interdisciplinary approach. Covering issues such as international humanitarian law, and examining the significance of non-state actors for the development of international law, the collection concludes with the complex question of how best to rethink aspects of international justice. The lessons derived from this research will have wide implications for both developed and emerging nation-states in rethinking sensitive issues of international law and justice. As such, this book will be of interest to academics and practitioners interested in international law, environmental law, human rights, ethics, international relations and political theory.
Rethinking Nordic Courts
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Author : Laura Ervo
language : en
Publisher: Springer Nature
Release Date : 2021-08-01
Rethinking Nordic Courts written by Laura Ervo and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-01 with Law categories.
This open access book examines whether a distinctly Nordic procedural or court culture exists and what the hallmarks of that culture are. Do Nordic courts and court proceedings share a distinct set of ideas and values that in combination constitute the core of a regional legal culture? How do Europeanisation, privatisation, diversification and digitisation influence courts and court proceedings in the Nordic countries? The book traces the genesis and formation of Nordic courts and justice systems to provide a richer comprehension of contemporary Nordic legal culture, and an understanding of the relationship between legal cultural stability and change. In answering these questions, the book provides models for conceptualising procedural culture. Nordic procedural culture has partly developed organically and is partly also the product of deliberate efforts to maintain a certain level of alignment between the Nordic countries. Studying Nordic cooperation enables us to gain a deeper understanding of current regional, European and global harmonisation processes within procedural law. The influx of supranational European law, increased use of alternative dispute resolution and growth in regulation density that produces a conflict between specialisation and coherence, have tangible impact on the role of courts in a democratic society, the form of court proceedings and court structures. This book examines whether and why some trends exert more tangible, or perhaps simply more perceptible, influence on procedural culture than others.