The Making Of Law
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Making Law
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Author : William J. Chambliss
language : en
Publisher: Indiana University Press
Release Date : 1993-11-22
Making Law written by William J. Chambliss and has been published by Indiana University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993-11-22 with Law categories.
" . . . a distinct, broad, but compelling framework for examining a variety of laws and social policies." —Legal Studies Forum " . . . a very rich volume that has something to offer to many different tastes . . . an excellent companion to the main textbook in a large undergraduate law-and-society course." —Contemporary Sociology No issue has captured the imagination of social scientists and legal scholars more consistently than the creation of laws. The political implications of the study of law and society often create ideological diatribes with little attention to empirical detail. In this book, legal scholars, sociologists, political scientists, and anthropologists join in an attempt to develop and refine a structural theory of law.
The Making Of Legal Authority
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Author : Nils Jansen
language : en
Publisher:
Release Date : 2010
The Making Of Legal Authority written by Nils Jansen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
Accounts of the nature of legal authority typically focus on the authority of officially sanctioned rules issued by legally recognised bodies - legislatures, courts and regulators - that fit comfortably within traditional state-centred concepts of law. Such accounts neglect the more complex processes involved in acquiring legal authority. Throughout the history of modern legal systems texts have come to acquire authority for legal officials without being issued by a legislature or a court. From Justinian's Institutes and Blackstone's Commentaries to modern examples such as the American Law Institute's Restatements and the UNIDROIT Principles of International Commercial Contracts academic codifications have come to be seen as legally authoritative, and their norms applied as such in courts and other contexts. How have such texts acquired legal authority? Does their authority undermine the orthodox accounts of the nature of legal systems? Drawing on examples from Roman law to the present day, this book offers the first comparative analysis of non-legislative codifications. It offers a provocative contribution to the debates surrounding the harmonisation of European private law, and the growth of international law.
The Making Of Law
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Author : Bruno Latour
language : en
Publisher: John Wiley & Sons
Release Date : 2013-04-26
The Making Of Law written by Bruno Latour and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-04-26 with Political Science categories.
In this book, Bruno Latour pursues his ethnographic inquiries into the different value systems of modern societies. After science, technology, religion, art, it is now law that is being studied by using the same comparative ethnographic methods. The case study is the daily practice of the French supreme courts, the Conseil d’Etat, specialized in administrative law (the equivalent of the Law Lords in Great Britain). Even though the French legal system is vastly different from the Anglo-American tradition and was created by Napoleon Bonaparte at the same time as the Code-based system, this branch of French law is the result of a home-grown tradition constructed on precedents. Thus, even though highly technical, the cases that form the matter of this book, are not so exotic for an English-speaking audience. What makes this study an important contribution to the social studies of law is that, because of an unprecedented access to the collective discussions of judges, Latour has been able to reconstruct in detail the weaving of legal reasoning: it is clearly not the social that explains the law, but the legal ties that alter what it is to be associated together. It is thus a major contribution to Latour’s social theory since it is now possible to compare the ways legal ties build up associations with the other types of connection that he has studied in other fields of activity. His project of an alternative interpretation of the very notion of society has never been made clearer than in this work. To reuse the title of his first book, this book is in effect the 'Laboratory Life of Law'.
Law In The Making
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Author : Alessandro Pizzorusso
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-12-06
Law In The Making written by Alessandro Pizzorusso 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 2012-12-06 with Law categories.
The present volume presents a part of the results of a research project launched by the European Science Foundation (ESF) in 1977. Tribute should be paid to the late Professor Aleck Chloros, Judge in the Court of the European Community, whose belief in the European ideal and enthusiasm for European cooperation and the comparative study of legal problems made him an elo quent advocate of a large-scale ESF venture into the field of com parative law. Judge Chloros had envisaged the creation of a per manent, sizable and well-equipped European institute for compa rative legal studies. The successive working parties convoked by the Executive Council of the ESF, which I had the honour of chairing from the beginning, came to the conclusion that this am bitious vision could not be realized immediately; the financial sit uation of the member organizations of the ESF also deteriorated, making a cautious approach a necessary virtue. The solution ulti mately adopted by the last of the working parties - the Ad Hoc Committee for Comparative Law -and submitted to the General Assembly of the ESF in 1979 called for the launching of four pi lot projects. In November 1980, the Assembly approved detailed plans for two of these projects. The first of these - dealing with medical responsibility - has already been presented in an impres sive volume (E. Deutsch and H. -L. Schreiber, editors, Medical Responsibility in Western Europe.
The Mechanics Of Law Making
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Author : Sir Courtenay Peregrine Ilbert
language : en
Publisher:
Release Date : 1914
The Mechanics Of Law Making written by Sir Courtenay Peregrine Ilbert and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1914 with Political Science categories.
The Making Of Constitutional Democracy
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Author : Paolo Sandro
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-01-27
The Making Of Constitutional Democracy written by Paolo Sandro 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 open access book addresses a palpable, yet widely neglected, tension in legal discourse. In our everyday legal practices – whether taking place in a courtroom, classroom, law firm, or elsewhere – we routinely and unproblematically talk of the activities of creating and applying the law. However, when legal scholars have analysed this distinction in their theories (rather than simply assuming it), many have undermined it, if not dismissed it as untenable. The book considers the relevance of distinguishing between law-creation and law-application and how this transcends the boundaries of jurisprudential enquiry. It argues that such a distinction is also a crucial component of political theory. For if there is no possibility of applying a legal rule that was created by a different institution at a previous moment in time, then our current constitutional-democratic frameworks are effectively empty vessels that conceal a power relationship between public authorities and citizens that is very different from the one on which constitutional democracy is grounded. After problematising the most relevant objections in the literature, the book presents a comprehensive defence of the distinction between creation and application of law within the structure of constitutional democracy. It does so through an integrated jurisprudential methodology, which combines insights from different disciplines (including history, anthropology, political science, philosophy of language, and philosophy of action) while also casting new light on long-standing issues in public law, such as the role of legal discretion in the law-making process and the scope of the separation of powers doctrine. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.
Making Policy Making Law
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Author : Mark C. Miller
language : en
Publisher: Georgetown University Press
Release Date : 2004-08-23
Making Policy Making Law written by Mark C. Miller and has been published by Georgetown University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-08-23 with Political Science categories.
The functioning of the U.S. government is a bit messier than Americans would like to think. The general understanding of policymaking has Congress making the laws, executive agencies implementing them, and the courts applying the laws as written—as long as those laws are constitutional. Making Policy, Making Law fundamentally challenges this conventional wisdom, arguing that no dominant institution—or even a roughly consistent pattern of relationships—exists among the various players in the federal policymaking process. Instead, at different times and under various conditions, all branches play roles not only in making public policy, but in enforcing and legitimizing it as well. This is the first text that looks in depth at this complex interplay of all three branches. The common thread among these diverse patterns is an ongoing dialogue among roughly coequal actors in various branches and levels of government. Those interactions are driven by processes of conflict and persuasion distinctive to specific policy arenas as well as by the ideas, institutional realities, and interests of specific policy communities. Although complex, this fresh examination does not render the policymaking process incomprehensible; rather, it encourages scholars to look beyond the narrow study of individual institutions and reach across disciplinary boundaries to discover recurring patterns of interbranch dialogue that define (and refine) contemporary American policy. Making Policy, Making Law provides a combination of contemporary policy analysis, an interbranch perspective, and diverse methodological approaches that speak to a surprisingly overlooked gap in the literature dealing with the role of the courts in the American policymaking process. It will undoubtedly have significant impact on scholarship about national lawmaking, national politics, and constitutional law. For scholars and students in government and law—as well as for concerned citizenry—this book unravels the complicated interplay of governmental agencies and provides a heretofore in-depth look at how the U.S. government functions in reality.
The Legal Process
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Author : Henry Melvin Hart
language : en
Publisher:
Release Date : 1958
The Legal Process written by Henry Melvin Hart and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1958 with Judicial process categories.
Common Law Judging
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Author : Douglas E Edlin
language : en
Publisher: University of Michigan Press
Release Date : 2016-07-29
Common Law Judging written by Douglas E Edlin and has been published by University of Michigan Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-07-29 with Political Science categories.
Moving beyond the subjectivity-objectivity debate, Edlin presents a case for intersubjectivity
Law Making Law Finding And Law Shaping
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Author : Basil Markesinis
language : en
Publisher:
Release Date : 1997
Law Making Law Finding And Law Shaping written by Basil Markesinis and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Law categories.
The second volume in an annual series based on lectures held at the Center for European Law Studies in Oxford, this volume examines the respective roles in the legal process of judges, legislators, academics, and regulators, as well as the ways in which these players influence one another. Each group was represented at the lectures, and both the diversity of experience and the depth of knowledge of those in attendance are in evidence throughout this book. Like the first, this volume collects contributions from some of the world's most distinguished legal professionals.