The Anglo American Conception Of The Rule Of Law
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The Anglo American Conception Of The Rule Of Law
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Author : Nadia E. Nedzel
language : en
Publisher: Springer Nature
Release Date : 2019-09-03
The Anglo American Conception Of The Rule Of Law written by Nadia E. Nedzel and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-03 with Law categories.
This book offers a multidisciplinary account of the 'rule of law' as a central pillar of the classical liberal tradition. The authors analyze the original meaning of this expression as first introduced by British jurist A. V. Dicey, before examining its subsequent elaboration by Leoni, Fuller, Hayek and Oakeshott. Addressing the main philosophical and legal aspects of the rule of law, this volume will appeal to all those engaged in law, political theory, philosophy, economics, business ethics, and public policy.
Some Leading Principles Of Anglo American Law Expounded With A View To Its Arrangement And Codification
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Author : Henry Taylor Terry
language : en
Publisher:
Release Date : 1884
Some Leading Principles Of Anglo American Law Expounded With A View To Its Arrangement And Codification written by Henry Taylor Terry and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1884 with Jurisprudence categories.
Anglo American Philosophy Of Law
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Author : Beryl Harold Levy
language : en
Publisher: Transaction Publishers
Release Date :
Anglo American Philosophy Of Law written by Beryl Harold Levy and has been published by Transaction Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on with Law categories.
An account of successive legal theories in England and America against a background of the varieties of natural law in the ancient, medieval and modern worlds. The outcome in Legal Realism provides insight into contemporary issues in law and the judicial process and their relation to moral philosophy. As Levy shows, legal theory has always been inspired by forces outside the law in philosophy and politics. In England the philosophy of Utilitarianism as expounded by Bentham and Austin brought legal positivism into prominence as an alternative to natural law. In the United States the philosophy of pragmatism spearheaded by James and Dewey and shared by Justice Holmes gave the functional turn resulting in the movement of Legal Realism. After sketching the background of varieties of natural law in the ancient, medieval, and modern worlds, Levy presents leading figures and trends in England and the United States. The book is written so as to be intelligible to lawyers, philosophers, and students of cultural history and social science.
God And Man In The Law
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Author : Robert Lowry Clinton
language : en
Publisher:
Release Date : 1997
God And Man In The Law written by Robert Lowry Clinton 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.
In a wide-ranging study based on legal history, political theory, and philosophical ideas going all the way back to Plato and Roman law, Robert Clinton challenges current faith in an activist judiciary. Claiming that a human-centered Constitution leads to government by reductive moral theory and illegitimate judicial review, he advocates a return to traditional jurisprudence and a God-centered Constitution grounded in English common law and its precedents.
Due Process Of Law
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Author : William John Heyting
language : en
Publisher:
Release Date : 1933
Due Process Of Law written by William John Heyting and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1933 with Civil procedure categories.
The Roots Of Liberty
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Author : Ellis Sandoz
language : en
Publisher:
Release Date : 1993
The Roots Of Liberty written by Ellis Sandoz and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Law categories.
In this contribution to the ongoing debate over the origins of constitutionalism and free government, Sandoz brings together a selection of scholars to present a reevaluation of the place of Magna Carta and Ancient Constitution in the tradition of Anglo-American liberty and rule of law.
Some Leading Principles Of Anglo American Law Expounded With A View To Its Arrangement And Codification
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Author :
language : en
Publisher:
Release Date : 1884
Some Leading Principles Of Anglo American Law Expounded With A View To Its Arrangement And Codification written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1884 with categories.
Dimensions Of Private Law
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Author : S. M. Waddams
language : en
Publisher: Cambridge University Press
Release Date : 2003-07-10
Dimensions Of Private Law written by S. M. Waddams 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 2003-07-10 with Law categories.
This book considers the inherent complexities of private law; relevant to property, tort, contract, legal method and legal theory.
Law S Empire
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Author : Ronald Dworkin
language : en
Publisher: Harvard University Press
Release Date : 1988-01-01
Law S Empire 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 1988-01-01 with Law categories.
With the incisiveness and lucid style for which he is renowned, Ronald Dworkin has written a masterful explanation of how the Anglo-American legal system works and on what principles it is grounded. Law’s Empire is a full-length presentation of his theory of law that will be studied and debated—by scholars and theorists, by lawyers and judges, by students and political activists—for years to come. Dworkin begins with the question that is at the heart of the whole legal system: in difficult cases how do (and how should) judges decide what the law is? He shows that judges must decide hard cases by interpreting rather than simply applying past legal decisions, and he produces a general theory of what interpretation is—in literature as well as in law—and of when one interpretation is better than others. Every legal interpretation reflects an underlying theory about the general character of law: Dworkin assesses three such theories. One, which has been very influential, takes the law of a community to be only what the established conventions of that community say it is. Another, currently in vogue, assumes that legal practice is best understood as an instrument of society to achieve its goals. Dworkin argues forcefully and persuasively against both these views: he insists that the most fundamental point of law is not to report consensus or provide efficient means to social goals, but to answer the requirement that a political community act in a coherent and principled manner toward all its members. He discusses, in the light of that view, cases at common law, cases arising under statutes, and great constitutional cases in the Supreme Court, and he systematically demonstrates that his concept of political and legal integrity is the key to Anglo-American legal theory and practice.
The Ancient Constitution And The Origins Of Anglo American Liberty
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Author : John Phillip Reid
language : en
Publisher:
Release Date : 2005
The Ancient Constitution And The Origins Of Anglo American Liberty 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 2005 with Law categories.
In the seventeenth and eighteenth centuries, English and American lawyers appealed to "the ancient constitution" as the cornerstone of liberty. According to this idea, constitutional law was not dictated by a monarch but based on the authority of custom, passed down unaltered from time immemorial. Legal historian John Phillip Reid convincingly demonstrates that this concept of an unchanging, ancient constitution furnished English common lawyers and parliamentarians an argument with which to combat royal prerogative power. At the same time, it provided American revolutionaries with legal arguments for rejecting the British parliament's effort to impose arbitrary rule upon the colonies. Whereas modern historians have tended to fault the constitutionalists of the seventeenth and eighteenth centuries for inventing a mystical past, these polemical pamphleteers had less interest in the accuracy of their history than in its usefulness in forensic argumentation. Much as lawyers contending before the bar, they appealed to the past as precedent, as analogy, as principle--in short, as forensic history. Claiming that liberty had been more effective and secure during ancient times, they upheld an idealized Anglo-Saxon standard for testing contemporary institutions. More significantly, they called upon the authority of the ancient constitution as a defense against the innovations of the English monarchy and against the assertions of an unrepresentative parliament. The Ancient Constitution and the Origins of Anglo-American Liberty complements Reid's recent book on another cornerstone of Anglo-American jurisprudence and constitutional theory, Rule of Law. Whereas "rule of law" insists that one law applies to rulers and ruled alike, the ancient constitution embodied the ideal for what that one law should be.