The Limits Of Law
DOWNLOAD
Download The Limits Of Law PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get The Limits Of Law book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
The Limits Of Law
DOWNLOAD
Author : Antony N. Allott
language : en
Publisher: Butterworths
Release Date : 1980
The Limits Of Law written by Antony N. Allott and has been published by Butterworths this book supported file pdf, txt, epub, kindle and other format this book has been release on 1980 with Law categories.
Theoretical essay on the role of law in society and its impact on social controls and value systems, with particular reference to the UK - examines the impact of law on national level social environment and social institutions and at international level; contains case studies of the social protection of married women after divorce and the marital status of common law wives, etc. References.
Overcriminalization
DOWNLOAD
Author : Douglas Husak
language : en
Publisher: Oxford University Press
Release Date : 2008-01-08
Overcriminalization written by Douglas Husak 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 2008-01-08 with Philosophy categories.
The United States today suffers from too much criminal law and too much punishment. Husak describes the phenomena in some detail and explores their relation, and why these trends produce massive injustice. His primary goal is to defend a set of constraints that limit the authority of states to enact and enforce penal offenses. The book urges the weight and relevance of this topic in the real world, and notes that most Anglo-American legal philosophers have neglected it. Husak's secondary goal is to situate this endeavor in criminal theory as traditionally construed. He argues that many of the resources to reduce the size and scope of the criminal law can be derived from within the criminal law itself-even though these resources have not been used explicitly for this purpose. Additional constraints emerge from a political view about the conditions under which important rights such as the right implicated by punishment-may be infringed. When conjoined, these constraints produce what Husak calls a minimalist theory of criminal liability. Husak applies these constraints to a handful of examples-most notably, to the justifiability of drug proscriptions.
The Limits Of Law
DOWNLOAD
Author : Austin Sarat
language : en
Publisher: Stanford University Press
Release Date : 2005
The Limits Of Law written by Austin Sarat and has been published by Stanford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.
This collection brings together well-established scholars to examine the limits of law, a topic that has been of broad interest since the events of 9/11 and the responses of U.S. law and policy to those events. The limiting conditions explored in this volume include marking law’s relationship to acts of terror, states of emergency, gestures of surrender, payments of reparations, offers of amnesty, and invocations of retroactivity. These essays explore how law is challenged, frayed, and constituted out of contact with conditions that lie at the farthest reaches of its empirical and normative force.
The Limits Of Criminal Law
DOWNLOAD
Author : Matthew Dyson
language : en
Publisher:
Release Date : 2018
The Limits Of Criminal Law written by Matthew Dyson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Comparative law categories.
From a framework of core principles, 'The Limits of Criminal Law' explores the normative and performative limits of criminal law at the borders of crime with tort, non-criminal enforcement, medical law, business regulation, administrative sanctions, terrorism and intelligence law. It carefully juxtaposes and compares English and German law on each of these borders, drawing out underlying concepts and building a detailed picture of what shapes criminal law, where its limits come from, and what might motivate legal systems to strain, ignore or strengthen those limits.
The Limits Of The Rule Of Law In China
DOWNLOAD
Author : Karen G. Turner
language : en
Publisher: University of Washington Press
Release Date : 2000-02-01
The Limits Of The Rule Of Law In China written by Karen G. Turner and has been published by University of Washington Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-02-01 with History categories.
In The Limits of the Rule of Law in China, fourteen authors from different academic disciplines reflect on questions that have troubled Chinese and Western scholars of jurisprudence since classical times. Using data from the early 19th century through the contemporary period, they analyze how tension between formal laws and discretionary judgment is discussed and manifested in the Chinese context. The contributions cover a wide range of topics, from interpreting the rationale for and legacy of Qing practices of collective punishment, confession at trial, and bureaucratic supervision to assessing the political and cultural forces that continue to limit the authority of formal legal institutions in the People’s Republic of China.
The Right To Do Wrong
DOWNLOAD
Author : Mark Osiel
language : en
Publisher: Harvard University Press
Release Date : 2019-02-25
The Right To Do Wrong written by Mark Osiel 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 2019-02-25 with Law categories.
Common morality—in the form of shame, outrage, and stigma—has always been society’s first line of defense against ethical transgressions. Social mores crucially complement the law, Mark Osiel shows, sparing us from oppressive formal regulation. Much of what we could do, we shouldn’t—and we don’t. We have a free-speech right to be offensive, but we know we will face outrage in response. We may declare bankruptcy, but not without stigma. Moral norms constantly demand more of us than the law requires, sustaining promises we can legally break and preventing disrespectful behavior the law allows. Mark Osiel takes up this curious interplay between lenient law and restrictive morality, showing that law permits much wrongdoing because we assume that rights are paired with informal but enforceable duties. People will exercise their rights responsibly or else face social shaming. For the most part, this system has worked. Social order persists despite ample opportunity for reprehensible conduct, testifying to the decisive constraints common morality imposes on the way we exercise our legal prerogatives. The Right to Do Wrong collects vivid case studies and social scientific research to explore how resistance to the exercise of rights picks up where law leaves off and shapes the legal system in turn. Building on recent evidence that declining social trust leads to increasing reliance on law, Osiel contends that as social changes produce stronger assertions of individual rights, it becomes more difficult to depend on informal tempering of our unfettered freedoms. Social norms can be indefensible, Osiel recognizes. But the alternative—more repressive law—is often far worse. This empirically informed study leaves little doubt that robust forms of common morality persist and are essential to the vitality of liberal societies.
Legal Violence And The Limits Of The Law
DOWNLOAD
Author : Amy Swiffen
language : en
Publisher: Routledge
Release Date : 2017-08-10
Legal Violence And The Limits Of The Law written by Amy Swiffen and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-10 with Law categories.
What is the meaning of punishment today? Where is the limit that separates it from the cruel and unusual? In legal discourse, the distinction between punishment and vengeance—punishment being the measured use of legally sanctioned violence and vengeance being a use of violence that has no measure—is expressed by the idea of "cruel and unusual punishment." This phrase was originally contained in the English Bill of Rights (1689). But it (and versions of it) has since found its way into numerous constitutions and declarations, including Article 5 of the Universal Declaration of Human Rights, as well as the Amendment to the US Constitution. Clearly, in order for the use of violence to be legitimate, it must be subject to limitation. The difficulty is that the determination of this limit should be objective, but it is not, and its application in punitive practice is constituted by a host of extra-legal factors and social and political structures. It is this essential contestability of the limit which distinguishes punishment from violence that this book addresses. And, including contributions from a range of internationally renowned scholars, it offers a plurality of original and important responses to the contemporary question of the relationship between punishment and the limits of law.
Recrafting The Rule Of Law
DOWNLOAD
Author : David Dyzenhaus
language : en
Publisher: Bloomsbury Publishing
Release Date : 1999-07-01
Recrafting The Rule Of Law written by David Dyzenhaus and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-07-01 with Law categories.
This collection of essays on the rule of law focuses on the traditional question whether the rule of law is necessarily the rule of moral principles, the question of the legitimacy of law. Essays by lawyers, philosophers, and political theorists illuminate and take forward both that question and debate about issues to do with the reach of the rule of law which complicate its answer. The essays are divided into sections which deal, first, with legal orders where the rule of law is under severe stress, second, with the question of the value of the rule of law as a conceptual problem, and, third, with the question of the limits of legal order. Contributors: Richard Abel, Jody Freeman, Robert Alexy, Neil MacCormick, Kenneth Winston, Andras Sajo, Alon Harel, Anton Fagan, Anthony Sebok, Christine Sypnowich, Allan Hutchinson, Bill Scheuerman, John MacCormick, Julian Rivers, Henry Richardson, David Dyzenhaus.
The Limits Of International Law
DOWNLOAD
Author : Jack L. Goldsmith
language : en
Publisher: Oxford University Press
Release Date : 2005-02-03
The Limits Of International Law written by Jack L. Goldsmith 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 2005-02-03 with Law categories.
International law is much debated and discussed, but poorly understood. Does international law matter, or do states regularly violate it with impunity? If international law is of no importance, then why do states devote so much energy to negotiating treaties and providing legal defenses for their actions? In turn, if international law does matter, why does it reflect the interests of powerful states, why does it change so often, and why are violations of international law usually not punished? In this book, Jack Goldsmith and Eric Posner argue that international law matters but that it is less powerful and less significant than public officials, legal experts, and the media believe. International law, they contend, is simply a product of states pursuing their interests on the international stage. It does not pull states towards compliance contrary to their interests, and the possibilities for what it can achieve are limited. It follows that many global problems are simply unsolvable. The book has important implications for debates about the role of international law in the foreign policy of the United States and other nations. The authors see international law as an instrument for advancing national policy, but one that is precarious and delicate, constantly changing in unpredictable ways based on non-legal changes in international politics. They believe that efforts to replace international politics with international law rest on unjustified optimism about international law's past accomplishments and present capacities.
Women S Health And The Limits Of Law
DOWNLOAD
Author : Irehobhude O. Iyioha
language : en
Publisher: Routledge Research in Human Rights Law
Release Date : 2021-08-02
Women S Health And The Limits Of Law written by Irehobhude O. Iyioha and has been published by Routledge Research in Human Rights Law this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-02 with categories.
Despite some significant advances in the creation and protection of rights affecting women's health, these do not always translate into actual health benefits for women. This collection asks: 'What is an effective law and what influences law's effectiveness or ineffectiveness? What dynamics, elements, and conditions come together to limit law's capacity to achieve instrumental goals for women's health and the advancement of women's health rights?' The book presents an integrated, co-referential and sustained critical discussion of the normative and constitutive reasons for law's limited effectiveness in the field of women's health. It offers comprehensive and cohesive explanatory accounts of law's limits and for the first time in the field, introduces a distinction between formal and substantive effectiveness of laws. Its approach is trans-systemic, multi-jurisdictional and comparative, with a focus on six countries in North America, Europe, Asia, and Africa and international human rights case law based on matters arising from Hungary, Portugal, Spain, Slovakia, the Czech Republic, Peru and Bolivia. The book will be a valuable resource for educators, students, lawyers, rights advocates and policymakers working in women's health, socio-legal studies, human rights, feminist legal studies, and legal philosophy more broadly.