The Planning Theory Of Law
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The Planning Theory Of Law
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Author : Damiano Canale
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-09-14
The Planning Theory Of Law written by Damiano Canale 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 2012-09-14 with Law categories.
This collection of essays is the outcome of a workshop with Scott Shapiro on The Planning Theory of Law that took place in December 2009 at Bocconi University. It brings together a group of scholars who wrote their contributions to the workshop on a preliminary draft of Shapiro’s Legality. Then, after the workshop, they wrote their final essays on the published version of the book. The contributions clearly highlight the difference of the continental and civil law perspective from the common law background of Shapiro but at the same time the volume tries to bridge the gap between the two. The essays provide a critical reading of the planning theory of law, highlighting its merits on the one hand and objecting to some parts of it on the other hand. Each contribution discusses in detail a chapter of Shapiro’s book and together they cover the whole of Shapiro’s theory. So the book presents a balanced and insightful discussion of the arguments of Legality.
Legality
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Author : Scott J. Shapiro
language : en
Publisher: Harvard University Press
Release Date : 2013-09-02
Legality written by Scott J. Shapiro 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 2013-09-02 with Science categories.
What is law? This question has preoccupied philosophers from Plato to Thomas Hobbes to H. L. A. Hart. Yet many others find it perplexing. How could we possibly know how to answer such an abstract question? And what would be the point of doing so? In Legality, Scott Shapiro argues that the question is not only meaningful but vitally important. In fact, many of the most pressing puzzles that lawyers confront—including who has legal authority over us and how we should interpret constitutions, statutes, and cases—will remain elusive until this grand philosophical question is resolved. Shapiro draws on recent work in the philosophy of action to develop an original and compelling answer to this age-old question. Breaking with a long tradition in jurisprudence, he argues that the law cannot be understood simply in terms of rules. Legal systems are best understood as highly complex and sophisticated tools for creating and applying plans. Shifting the focus of jurisprudence in this way—from rules to plans—not only resolves many of the most vexing puzzles about the nature of law but has profound implications for legal practice as well. Written in clear, jargon-free language, and presupposing no legal or philosophical background, Legality is both a groundbreaking new theory of law and an excellent introduction to and defense of classical jurisprudence.
Planning By Law And Property Rights Reconsidered
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Author : Barrie Needham
language : en
Publisher: Routledge
Release Date : 2016-04-22
Planning By Law And Property Rights Reconsidered written by Barrie Needham and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-22 with Law categories.
Countries which take spatial planning seriously should take planning law and property rights also seriously. There is an unavoidable logical relationship between planning, law, and property rights. However, planning by law and property rights is so familiar and taken for granted that we do not think about the theory behind it. As a result, we do not think abstractly about its strengths and weaknesses, about what can be achieved with it and what not, how it can be improved, how it could be complemented. Such reflections are essential to cope with current and future challenges to spatial planning. This book makes the (often implicit) theory behind planning by law and property rights explicit and relates it to those challenges. It starts by setting out what is understood by planning by law and property rights, and investigates - theoretically and by game simulation - the relationships between planning law and property rights. It then places planning law and property rights within their institutional setting at three different scales: when a country undergoes enormous social and political change, when there is fundamental political debate about the power of the state within a country, and when a country changes its legislation in response to European policy. Not only changing institutions, but also global environmental change, pose huge challenges for spatial planning. The book discusses how planning by law and property rights can respond to those challenges: by adaptive planning), by adaptable property rights, and by public policies at the appropriate geographical level. Planning by law and property rights can fix a local regime of property rights which turns out to be inappropriate but difficult to change. It questions whether such regimes can be changed and whether planning agencies can make such undesirable lock-ins less likely by reducing market uncertainty and, if so, by what means.
Planning Law And Economics
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Author : Barrie Needham
language : en
Publisher: Routledge
Release Date : 2006-09-27
Planning Law And Economics written by Barrie Needham and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-09-27 with Architecture categories.
What rights does the state have over privately owned land? Why should some landowners be favoured over others? How can the practice of land-use planning be improved? This book addresses these essential questions and shows that the interests people have in property rights over land and buildings are not just emotional but often financial too. It follows that the law, which affects who has property rights, what those rights are and how they may be used, can have great financial consequences for people and great economic consequences for society in general. For those reasons, looking at land-use planning as it affects and is affected by property rights illuminates some core aspects of land-use planning, including the law, economics, ethics and ideology. In this book, Needham examines those aspects from the clear perspective of property rights.
Advanced Introduction To Planning Theory
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Author : Robert A. Beauregard
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-04-24
Advanced Introduction To Planning Theory written by Robert A. Beauregard and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-04-24 with Political Science categories.
In this original approach to the world of planning theory, Robert A. Beauregard cuts across the many different ways to think about planning by organizing them around four core tasks: knowing, engaging, prescribing, and executing. In doing so, Beauregard explores how a basic concern with the relationship between knowledge and action has evolved into a complex discussion of democracy, inclusion, and justice.
Planning Theory For Practitioners
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Author : Michael Brooks
language : en
Publisher: Routledge
Release Date : 2019-07-09
Planning Theory For Practitioners written by Michael Brooks and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-09 with Architecture categories.
This book is recommended reading for planners preparing to take the AICP exam. In this new book, the author bridges the gap between theory and practice. The author describes an original approach-Feedback Strategy-that builds on the strengths of previous planning theories with one big difference: it not only acknowledges but welcomes politics-the bogeyman of real-world planning. Don't hold your nose or look the other way, the author advises planners, but use politics to your own advantage. The author admits that most of the time planning theory doesn't have much to do with planning practice. These ideas rooted in the planner's real world are different. This strategy employs everyday poltiical processes to advance planning, trusts planners' personal values and professional ethics, and depends on their ability to help clients articulate a vision. This volume will encourage not only veteran planners searching for a fresh approach, but also students and recent graduates dismayed by the gap between academic theory and actual practice.
Philosophy Of Law A Very Short Introduction
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Author : Raymond Wacks
language : en
Publisher: OUP Oxford
Release Date : 2014-02-27
Philosophy Of Law A Very Short Introduction written by Raymond Wacks and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-02-27 with Law categories.
The concept of law lies at the heart of our social and political life. Legal philosophy, or jurisprudence, explores the notion of law and its role in society, illuminating its meaning and its relation to the universal questions of justice, rights, and morality. In this Very Short Introduction Raymond Wacks analyses the nature and purpose of the legal system, and the practice by courts, lawyers, and judges. Wacks reveals the intriguing and challenging nature of legal philosophy with clarity and enthusiasm, providing an enlightening guide to the central questions of legal theory. In this revised edition Wacks makes a number of updates including new material on legal realism, changes to the approach to the analysis of law and legal theory, and updates to historical and anthropological jurisprudence. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
Law And Economy In Planning
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Author : Walter Firey
language : en
Publisher: University of Texas Press
Release Date : 2014-07-03
Law And Economy In Planning written by Walter Firey and has been published by University of Texas Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-03 with Political Science categories.
From the beginnings of human association, social planning has been an accepted method for effecting improvements in community, regional, and national life. In Law and Economy in Planning, Walter Firey has made a start in the development of an intellectual framework that will give meaning to the craft of planning and establish a relationship between practice and first principles. In this study he investigates basic elements of this framework existing in two normative orders: the state, in which a collectivity has the obligation to enforce obedience; and the market, in which the individual has the right to be rational. These normative orders, whose laws are formulated in the disciplines of jurisprudence and economics, have a common concern with the utilization of scarce means to given ends. These orders, the state and the market, are formulated by the art of planning and have a common relationship to the natural order, which cannot be planned, but only predicted, and which is explained by the science of planning. To bridge the gap between the natural order and the normative order is the function of a philosophy of planning, for which an intellectual framework—of necessity interdisciplinary—is essential. This study is the culmination of several years of research in the fields of planning and social theory. During the course of this research Firey came to appreciate more and more keenly the need for an interdisciplinary formulation of the planning process and, with this, the need for a philosophical foundation for interdisciplinary work. A year’s fellowship at the Center for Advanced Study in the Behavioral Sciences at Stanford gave him the opportunity to develop his ideas bearing on this subject and to put them in writing.
The Routledge Handbook Of Planning Theory
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Author : Michael Gunder
language : en
Publisher: Routledge
Release Date : 2017-08-23
The Routledge Handbook Of Planning Theory written by Michael Gunder and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-23 with Architecture categories.
The Routledge Handbook of Planning Theory presents key contemporary themes in planning theory through the views of some of the most innovative thinkers in planning. They introduce and explore their own specialized areas of planning theory, to conceptualize their contemporary positions and to speculate how these positions are likely to evolve and change as new challenges emerge. In a changing and often unpredictable globalized world, planning theory is core to understanding how planning and its practices both function and evolve. As illustrated in this book, planning and its many roles have changed profoundly over the recent decades; so have the theories, both critical and explanatory, about its practices, values and knowledges. In the context of these changes, and to contribute to the development of planning research, this handbook identifies and introduces the cutting edge, and the new emerging trajectories, of contemporary planning theory. The aim is to provide the reader with key insights into not just contemporary planning thought, but potential future directions of both planning theory and planning as a whole. This book is written for an international readership, and includes planning theories that address, or have emerged from, both the global North and parts of the world beyond.
The Planning Theory Of Law
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Author : Damiano Canale
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-09-12
The Planning Theory Of Law written by Damiano Canale 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 2012-09-12 with Law categories.
This collection of essays is the outcome of a workshop with Scott Shapiro on The Planning Theory of Law that took place in December 2009 at Bocconi University. It brings together a group of scholars who wrote their contributions to the workshop on a preliminary draft of Shapiro’s Legality. Then, after the workshop, they wrote their final essays on the published version of the book. The contributions clearly highlight the difference of the continental and civil law perspective from the common law background of Shapiro but at the same time the volume tries to bridge the gap between the two. The essays provide a critical reading of the planning theory of law, highlighting its merits on the one hand and objecting to some parts of it on the other hand. Each contribution discusses in detail a chapter of Shapiro’s book and together they cover the whole of Shapiro’s theory. So the book presents a balanced and insightful discussion of the arguments of Legality.