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The Rule Of Law And The Measure Of Property


The Rule Of Law And The Measure Of Property
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The Rule Of Law And The Measure Of Property


The Rule Of Law And The Measure Of Property
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Author : Jeremy Waldron
language : en
Publisher: Cambridge University Press
Release Date : 2012-06-21

The Rule Of Law And The Measure Of Property written by Jeremy Waldron 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 2012-06-21 with Law categories.


The classical Lockean picture and its difficulties -- A substantive Rule of Law? -- In defense of legislation.



The Rule Of Law And The Measure Of Property


The Rule Of Law And The Measure Of Property
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Author : Jeremy Waldron
language : en
Publisher:
Release Date : 2014-05-14

The Rule Of Law And The Measure Of Property written by Jeremy Waldron and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-14 with LAW categories.


A clear, critical and direct account of the relation between the Rule of Law and the protection of private property.



The Hamlyn Lectures 2011


The Hamlyn Lectures 2011
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Author : Jeremy J. Waldron
language : en
Publisher:
Release Date : 2011

The Hamlyn Lectures 2011 written by Jeremy J. Waldron and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with categories.


The idea in these lectures is to discuss the relation between property and the rule of law in a deeper way than this has been discussed in the past, in particular in a way that reflects realistic understanding of how property rights are created and modified. I use the Lockean phrase "the measure of property" but the gist of my argument will be that our thinking about the rule of law needs to focus on all the ways in which property is non-Lockean in its origin, legal status, and moral force. In the course of doing this, I will be looking at some of the rather naive assumptions underlying the tight connection that has been forged between property rights and the rule of law in neo-liberal political economy. And I will argue that we can abandon or modify some of these naive assumptions about property without compromising the very great importance that is properly attached to the ideal of the rule of law. There are three lectures in all. Unfortunately the original lecture titles are not a good indication of the eventual contents. Lecture 1 was called "The Classical Lockean Picture and its Difficulties" and it mainly addresses the alleged contrast between (a) the rule of law and (b) rule by law, and the suggestion that property rights might be privileged under (a). It explores Richard Epstein's version of this idea and then it spends some time on the Lockean account of property. The argument is that in the real world even Lockean property has an inescapable public law dimension. Lecture 2 was called "Unraveling the Form and Substance of Property," but it is really about the contrast between formal/procedural and substantive views of the rule of law and the dificulties inherent in identifying respect for private property rights as a substantive dimension of the rule of law. The argument is that given the accordion-like expandability of the category of property, this cannot work to privilege property rights over other legal rights etc. Lecture 3 was called "The Rule of Law, Property, and Legislation" and it is a defense of legislation, including regulatory and redistributive legislation in light of the rule of law. Readers should note that although I spend a lot of time discussing the fact situation in Lucas v. South Carolina Coastal Council, 505 U.S. 1003 (1992), these lectures are not lectures in American constitutional law, nor do they aim to build pathways through the swamp of US takings jurisprudence.



Rule Of Law Dynamics


Rule Of Law Dynamics
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Author : Michael Zurn
language : en
Publisher: Cambridge University Press
Release Date : 2012-06-18

Rule Of Law Dynamics written by Michael Zurn 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 2012-06-18 with Law categories.


This volume explores the various strategies, mechanisms and processes that influence rule of law dynamics across borders and the national/international divide, illuminating the diverse paths of influence. It shows to what extent, and how, rule of law dynamics have changed in recent years, especially at the transnational and international levels of government. To explore these interactive dynamics, the volume adopts an interdisciplinary approach, bringing together the normative perspective of law with the analytical perspective of social sciences. The volume contributes to several fields, including studies of rule of law, law and development, and good governance; democratization; globalization studies; neo-institutionalism and judicial studies; international law, transnational governance and the emerging literature on judicial reforms in authoritarian regimes; and comparative law (Islamic, African, Asian, Latin American legal systems).



Property Law


Property Law
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Author : Joseph William Singer
language : en
Publisher:
Release Date : 2010

Property Law written by Joseph William Singer and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Property categories.


Outstanding features of Property Law: Rules, Policies, and Practices, written by Professor Joseph William Singer, a highly regarded authority in the field, include:well-written notes with clear explanations of the law so students can learn complicated rules easilystrong coverage of civil rights law (fair housing and public accommodations law) strong coverage of statutes, regulations, and statutory interpretation problem-oriented approach, applying concepts, rules, and doctrines to new situations one might find in practice, with problems updated to be currentrecent cases and interesting fact situationsMeticulously and thoughtfully updated and refined, the Fifth Edition offers:reorganized chapter sequence Part I, renamed Property in a Free and Democratic Society links the estates system to the anti-feudal policy and to the current consumer protection orientation of the subprime crisis reverses the order of previous Chapter 1 and Chapter 2 to begin with the easy-to-understand trespass material on the right to exclude and limits on the right to exclude created by common law, statutes, and constitutional law. These chapters teach from the very beginning that property rights are limited rather than absolute, that they involve social relationships, not just control over things, and that property law is defined by both common law and statutesall-new Chapter 2, The Framework of Property Relations in a Democracy, shows the connection between property law rules designed to prevent the re-emergence of feudalism and regulations designed to respond to the current subprime mortgage crisis. New material on subprime mortgages demonstrates how we can understand all of property law by thinking about the lessons of the subprime crisis Chapter 3, now entitled Competing Claims to Property focuses partly on how property rights in land were historically created and partly on how property claims emerge today. Most important, it treats these issues as involving competing claims to propertynew Part II, entitled What Can Be Owned?, puts the intellectual property chapter and the chapter on property in persons (renamed) at the beginning of the book as an introduction to the problem of defining what can be owned material on tribal property is now integrated into a coherent treatment that addresses both the legacy of conquest and contemporary legal issuesnew cases, among them:Commonwealth v. Fremont Investment & Loan (on subprime lending)Warner Bros. Entertainment, Inc. & J.K. Rowling v. RDR Books (on the Harry Potter copyright case)Wilcox v. Stroub (on ownership of the papers of Confederate governors of South Carolina)timely updates throughout, among them:information on Measure 37 in Oregon (and Measure 49) changes in mortgages law following the subprime crisischanges in adverse possession law in Colorado and New Yorkfuller coverage of the Uniform Residential Landlord and Tenant Actchanges in the law of same sex marriage state legislative and constitutional responses to Kelo and substantial changes in the rule against perpetuities LOOKING FOR ADDITIONAL RESOURCES TO HELP YOU IN PROPERTY LAW? TRY EXAMPLES & EXPLANATIONS: PROPERTY 3E (9780735570313) AND THE WOLTERS KLUWER BOUVIER LAW DICTIONARY: 2011 STUDENT EDITION (9780735568525) --TWO OF MANY GREAT STUDY GUIDES FROM WOLTERS KLUWER LAW & BUSINESS.



Property Without Rights


Property Without Rights
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Author : Michael Albertus
language : en
Publisher: Cambridge University Press
Release Date : 2021-01-07

Property Without Rights written by Michael Albertus 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 2021-01-07 with Business & Economics categories.


A new understanding of the causes and consequences of incomplete property rights in countries across the world.



The Rule Of Law In The Real World


The Rule Of Law In The Real World
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Author : Paul Gowder
language : en
Publisher: Cambridge University Press
Release Date : 2016-02-09

The Rule Of Law In The Real World written by Paul Gowder 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 2016-02-09 with Law categories.


A pathbreaking theoretical and empirical study proposing social equality as a measure of the rule of law.



Thoughtfulness And The Rule Of Law


Thoughtfulness And The Rule Of Law
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Author : Jeremy Waldron
language : en
Publisher: Harvard University Press
Release Date : 2023-12-05

Thoughtfulness And The Rule Of Law written by Jeremy Waldron 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 2023-12-05 with Philosophy categories.


An essential study of the rule of law by one of the world’s leading liberal political and legal philosophers. The meaning and value of the rule of law have been debated since antiquity. For many, the rule of law has become the essence of good government. But Jeremy Waldron takes a different view, arguing that it is but one star in a constellation of ideals that define our political morality, ranking alongside democracy, human rights, economic freedom, and social justice. This timely essay collection, from one of the most respected political philosophers of his generation, is a brief on behalf of thoughtfulness: the intervention of human intelligence in the application of law. Waldron defends thoughtfulness against the claim that it threatens to replace the rule of law with the arbitrary rule of people. To the contrary, he argues, the rule of law requires thoughtfulness: it is impossible to apply a standard such as “reasonableness” on the basis of rules alone, and common legal activities like arguing in court and reasoning from precedents are poorly served by algorithmic logics. This rich compilation also addresses the place of law in protecting human dignity, the relation between rule of law and legislation, and whether vagueness in the law is at odds with law’s role in guiding action. Thoughtfulness and the Rule of Law emphasizes the value of procedures rather than the substance or outcome of legal decisions. Challenging the view that predictability and clarity are cardinal virtues, Waldron shows that real-world controversies often are best approached using a relatively thin concept of the rule of law, together with the thoughtfulness that a legal system frames and enables.



The United Nations Rule Of Law Indicators


The United Nations Rule Of Law Indicators
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Author :
language : en
Publisher:
Release Date : 2011

The United Nations Rule Of Law Indicators written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Law categories.


"Building and strengthening the 'rule of law' in developing nations, particularly countries in transition or emerging from a period of armed conflict, has become a central focus of the work of the United Nations. As a result, there is a growing demand throughout the United Nations system to better understand the delivery of justice in conflict and post-conflict situations and the impact of developments in this area. The United Nations Department of Peacekeeping Operations (DPKO) and the Office of the United Nations High Commissioner for Human Rights (OHCHR), in cooperation with other United Nations departments, agencies, funds and programmes, have developed an instrument to monitor changes in the performance and fundamental characteristics of criminal justice institutions in conflict and post-conflict situations. The instrument consists of a set of indicators, the United Nations Rule of Law indicators. This guide describes how to implement this instrument and measure these indicators"--P. v.



The Cambridge Companion To The Rule Of Law


The Cambridge Companion To The Rule Of Law
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Author : Jens Meierhenrich
language : en
Publisher: Cambridge University Press
Release Date : 2021-08-12

The Cambridge Companion To The Rule Of Law written by Jens Meierhenrich 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 2021-08-12 with History categories.


Introduces students, scholars, and practitioners to the theory and history of the rule of law.