Taking Law Seriously
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Taking Law Seriously
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Author : James Goudkamp
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-01-27
Taking Law Seriously written by James Goudkamp and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-27 with Law categories.
This book celebrates the scholarship of Peter Cane. The significance and scale of his contributions to the discipline of law over the last half-century cannot be overstated. In an era of increasing specialisation, Cane stands out on account of the unusually broad scope of his interests, which extend to both private and public law in equal measure. This substantive breadth is combined with remarkable doctrinal, historical, comparative and theoretical depth. This book is written by admirers of Cane's work, and the essays probe a wide range of issues, especially in administrative law and tort law. Consistently with the international prominence that Cane's research has enjoyed, the contributors are drawn from across the common law world. The volume will be of value to anyone who is interested in Cane's towering contributions to legal scholarship and administrative law and tort law more generally.
Taking Law Seriously
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Author : James Goudkamp
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-01-27
Taking Law Seriously written by James Goudkamp and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-27 with Law categories.
This book celebrates the scholarship of Peter Cane. The significance and scale of his contributions to the discipline of law over the last half-century cannot be overstated. In an era of increasing specialisation, Cane stands out on account of the unusually broad scope of his interests, which extend to both private and public law in equal measure. This substantive breadth is combined with remarkable doctrinal, historical, comparative and theoretical depth. This book is written by admirers of Cane's work, and the essays probe a wide range of issues, especially in administrative law and tort law. Consistently with the international prominence that Cane's research has enjoyed, the contributors are drawn from across the common law world. The volume will be of value to anyone who is interested in Cane's towering contributions to legal scholarship and administrative law and tort law more generally.
Taking Rights Seriously
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Author : Ronald Dworkin
language : en
Publisher: A&C Black
Release Date : 2013-06-27
Taking Rights Seriously written by Ronald Dworkin and has been published by A&C Black this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-06-27 with Philosophy categories.
A forceful and landmark defence of individual rights, Taking Rights Seriously is one of the most important political philosophical works of the last 50 years.
Taking Rights Seriously
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Author : Ronald Dworkin
language : en
Publisher: Harvard University Press
Release Date : 2018-06-25
Taking Rights Seriously written by Ronald Dworkin and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-25 with Philosophy categories.
What is law? What is it for? How should judges decide novel cases when the statutes and earlier decisions provide no clear answer? Do judges make up new law in such cases, or is there some higher law in which they discover the correct answer? Must everyone always obey the law? If not, when is a citizen morally free to disobey? A renowned philosopher enters the debate surrounding these questions. Clearly and forcefully, Ronald Dworkin argues against the “ruling” theory in Anglo-American law—legal positivism and economic utilitarianism—and asserts that individuals have legal rights beyond those explicitly laid down and that they have political and moral rights against the state that are prior to the welfare of the majority. Mr. Dworkin criticizes in detail the legal positivists’ theory of legal rights, particularly H. L. A. Hart’s well-known version of it. He then develops a new theory of adjudication, and applies it to the central and politically important issue of cases in which the Supreme Court interprets and applies the Constitution. Through an analysis of John Rawls’s theory of justice, he argues that fundamental among political rights is the right of each individual to the equal respect and concern of those who govern him. He offers a theory of compliance with the law designed not simply to answer theoretical questions about civil disobedience, but to function as a guide for citizens and officials. Finally, Professor Dworkin considers the right to liberty, often thought to rival and even preempt the fundamental right to equality. He argues that distinct individual liberties do exist, but that they derive, not from some abstract right to liberty as such, but from the right to equal concern and respect itself. He thus denies that liberty and equality are conflicting ideals. Ronald Dworkin’s theory of law and the moral conception of individual rights that underlies it have already made him one of the most influential philosophers working in this area. This is the first publication of these ideas in book form.
Twenty Years Of Law And Finance
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Author : Gerhard Schnyder
language : en
Publisher:
Release Date : 2018
Twenty Years Of Law And Finance written by Gerhard Schnyder and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Finance categories.
Can Asean Take Human Rights Seriously
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Author : Alison Duxbury
language : en
Publisher: Cambridge University Press
Release Date : 2019-03-28
Can Asean Take Human Rights Seriously written by Alison Duxbury 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 2019-03-28 with Law categories.
Critically examines ASEAN's human rights system in the context of Southeast Asian political-legal developments and the global human rights discourse
Taking Rights Seriously
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Author : Ronald Dworkin
language : en
Publisher: Turtleback Books
Release Date : 1978
Taking Rights Seriously written by Ronald Dworkin and has been published by Turtleback Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 1978 with Law categories.
What is law? What is it for? How should judges decide novel cases when the statutes and earlier decisions provide no clear answer? Do judges make up new law in such cases, or is there some higher law in which they discover the correct answer? Must everyone always obey the law? If not, when is a citizen morally free to disobey?
Social Systems Theory And Judicial Review
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Author : Katayoun Baghai
language : en
Publisher: Routledge
Release Date : 2016-03-03
Social Systems Theory And Judicial Review written by Katayoun Baghai and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-03 with Law categories.
This book demonstrates the empirical gains and integrative potentials of social systems theory for the sociology of law. Against a backdrop of classical and contemporary sociological debates about law and society, it observes judicial review as an instrument for the self-steering of a functionally differentiated legal system. This allows close investigation of the US Supreme Court’s jurisprudence of rights, both in legal terms and in relation to structural transformations of modern society. The result is a thought-provoking account of conceptual and doctrinal developments concerning racial discrimination, race-based affirmative action, freedom of religion, and prohibition of its establishment, detailing the Court’s response to boundary tensions between functionally differentiated social systems. Preliminary examination of the European Court of Human Rights’ privacy jurisprudence suggests the pertinence of the analytic framework to other rights and jurisdictions. This contribution is particularly timely in the context of increasing appeals to fundamental rights around the world and the growing role of national and international high courts in determining their concrete meanings.
Taking International Law Seriously
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Author : Helen Keller
language : en
Publisher: Juris Publishing, Inc.
Release Date : 2005
Taking International Law Seriously written by Helen Keller and has been published by Juris Publishing, Inc. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with International law categories.
The Rise Of China And International Law
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Author : Congyan Cai
language : en
Publisher: Oxford University Press
Release Date : 2019-09-10
The Rise Of China And International Law written by Congyan Cai 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 2019-09-10 with Law categories.
The rise of China signals a new chapter in international relations. How China interacts with the international legal order--namely, how China utilizes international law to facilitate and justify its rise and how international law is relied upon to engage a rising China--has invited growing debate among academics and those in policy circles. Two recent events, the South China Sea Arbitration and the US-China trade war, have deepened tensions. This book, for the first time, provides a systematic and critical elaboration of the interplay between a rising China and international law. Several crucial questions are broached. These include: How has China adjusted its international legal policies as China's state identity changes over time, especially as it becomes a formidable power? Which methodologies has China adopted to comply with international law and, in particular, to achieve its new legal strategy of norm entrepreneurship? How does China organize its domestic institutions to engage international law in order to further its ascendance? How does China use international law at a national level (in the Chinese courts) and at an international level (for example, lawfare in international dispute settlement)? And finally, how should "Chinese exceptionalism" be understood? This book contributes significantly to the burgeoning and highly relevant scholarship on China and international law.