The Rule Of Rules
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The Rule Of Rules
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Author : Larry Alexander
language : en
Publisher: Duke University Press
Release Date : 2001-08-06
The Rule Of Rules written by Larry Alexander and has been published by Duke University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-08-06 with Law categories.
Rules perform a moral function by restating moral principles in concrete terms, so as to reduce the uncertainty, error, and controversy that result when individuals follow their own unconstrained moral judgment. Although reason dictates that we must follow rules to avoid destructive error and controversy, rules—and hence laws—are imperfect, and reason also dictates that we ought not follow them when we believe they produce the wrong result in a particular case. In The Rule of Rules Larry Alexander and Emily Sherwin examine this dilemma. Once the importance of this moral and practical conflict is acknowledged, the authors argue, authoritative rules become the central problems of jurisprudence. The inevitable gap between rules and background morality cannot be bridged, they claim, although many contemporary jurisprudential schools of thought are misguided attempts to do so. Alexander and Sherwin work through this dilemma, which lies at the heart of such ongoing jurisprudential controversies as how judges should reason in deciding cases, what effect should be given to legal precedent, and what status, if any, should be accorded to “legal principles.” In the end, their rigorous discussion sheds light on such topics as the nature of interpretation, the ancient dispute among legal theorists over natural law versus positivism, the obligation to obey law, constitutionalism, and the relation between law and coercion. Those interested in jurisprudence, legal theory, and political philosophy will benefit from the edifying discussion in The Rule of Rules.
The Rule Of Laws
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Author : FERNANDA PIRIE
language : en
Publisher:
Release Date : 2022-08-04
The Rule Of Laws written by FERNANDA PIRIE and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-08-04 with categories.
Playing By The Rules
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Author : Frederick Schauer
language : en
Publisher: Clarendon Press
Release Date : 1991-08-22
Playing By The Rules written by Frederick Schauer and has been published by Clarendon Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991-08-22 with Law categories.
This is a philosophical but non-technical analysis of the very idea of a rule. Although focused somewhat on the role of rules in the legal system, it is also relevant to the place of rules in morality, religion, etiquette, games, language, and family governance. In both explaining the idea of a rule and making the case for taking rules seriously, the book is a departure both in scope and in perspective from anything that now exists.
The Rule Of Law
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Author : Tom Bingham
language : en
Publisher: Penguin UK
Release Date : 2011-07-07
The Rule Of Law written by Tom Bingham and has been published by Penguin UK this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-07-07 with Law categories.
'A gem of a book ... Inspiring and timely. Everyone should read it' Independent 'The Rule of Law' is a phrase much used but little examined. The idea of the rule of law as the foundation of modern states and civilisations has recently become even more talismanic than that of democracy, but what does it actually consist of? In this brilliant short book, Britain's former senior law lord, and one of the world's most acute legal minds, examines what the idea actually means. He makes clear that the rule of law is not an arid legal doctrine but is the foundation of a fair and just society, is a guarantee of responsible government, is an important contribution to economic growth and offers the best means yet devised for securing peace and co-operation. He briefly examines the historical origins of the rule, and then advances eight conditions which capture its essence as understood in western democracies today. He also discusses the strains imposed on the rule of law by the threat and experience of international terrorism. The book will be influential in many different fields and should become a key text for anyone interested in politics, society and the state of our world.
Objectivity And The Rule Of Law
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Author : Matthew Kramer
language : en
Publisher: Cambridge University Press
Release Date : 2007-06-11
Objectivity And The Rule Of Law written by Matthew Kramer 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 2007-06-11 with Philosophy categories.
What is objectivity? What is the rule of law? Are the operations of legal systems objective? If so, in what ways and to what degrees are they objective? Does anything of importance depend on the objectivity of law? These are some of the principal questions addressed by Matthew H. Kramer in this lucid and wide-ranging study that introduces readers to vital areas of philosophical enquiry. As Kramer shows, objectivity and the rule of law are complicated phenomena, each comprising a number of distinct though overlapping dimensions. Although the connections between objectivity and the rule of law are intimate, they are also densely multi-faceted.
Democracy And The Rule Of Law
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Author : Adam Przeworski
language : en
Publisher: Cambridge University Press
Release Date : 2003-07-21
Democracy And The Rule Of Law written by Adam Przeworski 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 2003-07-21 with Law categories.
This book addresses the question of why governments sometimes follow the law and other times choose to evade the law. The traditional answer of jurists has been that laws have an autonomous causal efficacy: law rules when actions follow anterior norms; the relation between laws and actions is one of obedience, obligation, or compliance. Contrary to this conception, the authors defend a positive interpretation where the rule of law results from the strategic choices of relevant actors. Rule of law is just one possible outcome in which political actors process their conflicts using whatever resources they can muster: only when these actors seek to resolve their conflicts by recourse to la, does law rule. What distinguishes 'rule-of-law' as an institutional equilibrium from 'rule-by-law' is the distribution of power. The former emerges when no one group is strong enough to dominate the others and when the many use institutions to promote their interest.
The Development Of The Rule Of Law In Asean
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Author : Imelda Deinla
language : en
Publisher: Cambridge University Press
Release Date : 2017-06-29
The Development Of The Rule Of Law In Asean written by Imelda Deinla 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 2017-06-29 with Law categories.
An interdisciplinary work on regional integration and the rule of law in ASEAN and the emergence of a soft regulatory regime.
Money And The Rule Of Law
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Author : Peter J. Boettke
language : en
Publisher: Cambridge University Press
Release Date : 2021-06-03
Money And The Rule Of Law written by Peter J. Boettke 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 2021-06-03 with Business & Economics categories.
A novel argument that shows how rules work better than discretion when implementing monetary policy.
Rules
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Author : Lorraine Daston
language : en
Publisher: Princeton University Press
Release Date : 2022-07-12
Rules written by Lorraine Daston and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-07-12 with History categories.
A panoramic history of rules in the Western world Rules order almost every aspect of our lives. They set our work hours, dictate how we drive and set the table, tell us whether to offer an extended hand or cheek in greeting, and organize the rites of life, from birth through death. We may chafe under the rules we have, and yearn for ones we don’t, yet no culture could do without them. In Rules, historian Lorraine Daston traces their development in the Western tradition and shows how rules have evolved from ancient to modern times. Drawing on a rich trove of examples, including legal treatises, cookbooks, military manuals, traffic regulations, and game handbooks, Daston demonstrates that while the content of rules is dazzlingly diverse, the forms that they take are surprisingly few and long-lived. Daston uncovers three enduring kinds of rules: the algorithms that calculate and measure, the laws that govern, and the models that teach. She vividly illustrates how rules can change—how supple rules stiffen, or vice versa, and how once bothersome regulations become everyday norms. Rules have been devised for almost every imaginable activity and range from meticulous regulations to the laws of nature. Daston probes beneath this variety to investigate when rules work and when they don’t, and why some philosophical problems about rules are as ancient as philosophy itself while others are as modern as calculating machines. Rules offers a wide-angle view on the history of the constraints that guide us—whether we know it or not.
A Citizen S Guide To The Rule Of Law
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Author : Adis Nicolaidis, Kalypso Merdzanovic
language : en
Publisher: BoD – Books on Demand
Release Date : 2021-04-20
A Citizen S Guide To The Rule Of Law written by Adis Nicolaidis, Kalypso Merdzanovic and has been published by BoD – Books on Demand this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-20 with Law categories.
In our daily lives, the rule of law matters more than anything and yet remains an invisible presence. We trust in the rule of law to protect us from governmental overreach, mafia godfathers, or the will of the majority. We take the rule of law for granted, often failing to recognize its demise—until it is too late. For under attack it is, not only in the growing number of authoritarian countries around the world but in Europe, too. As a citizen’s guide, this book explains in plain language what the rule of law is, why it matters, and why we have to defend it. The starting point is to ask why EU efforts to promote the rule of law in candidate countries have succeeded or failed, and what this tells us about what is happening inside the EU. The authors move on to suggest ways of strengthening the rule of law in Europe and beyond. This book is a call to action in defense of the most precious human invention of all time.