Why Law Matters
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Why Law Matters
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Author : Alon Harel
language : en
Publisher: Oxford University Press
Release Date : 2014-04
Why Law Matters written by Alon Harel 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 2014-04 with Law categories.
Why Law Matters argues that public institutions and legal procedures are valuable and matter as such, irrespective of their instrumental value. Examining the value of rights, public institutions, and constitutional review, the book criticises instrumentalist approaches in political theory, claiming they fail to account for their enduring appeal.
How Does Law Matter
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Author : Bryant G. Garth
language : en
Publisher: Northwestern University Press
Release Date : 1998
How Does Law Matter written by Bryant G. Garth and has been published by Northwestern University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Law categories.
The question of how law matters has long been fundamental to the law and society field. Social science scholarship has repeatedly demonstrated that law matters less, or differently, than those who study only legal doctrine would have us believe. Yet research in this field depends on a belief in the relevance of law, no matter how often gaps are identified. The essays in this collection show how law is relevant in both an instrumental and a constitutive sense, as a tool to accomplish particular purposes and as an important force in shaping the everyday worlds in which we live. Essays examine these issues by focusing on legal consciousness, the body, discrimination, and colonialism as well as on more traditional legal concerns such as juries and criminal justice.
Family Law Matters
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Author : Katherine O'Donovan
language : en
Publisher: Pluto Press (UK)
Release Date : 1993
Family Law Matters written by Katherine O'Donovan and has been published by Pluto Press (UK) this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Domestic relations categories.
Reveals the impact on the wives and families of men incarcerated in Guantanamo, or in prison in Britain and the US, during the 'war on terror'.
Law Matters
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Author : Rick Dantzler
language : en
Publisher:
Release Date : 2006
Law Matters written by Rick Dantzler and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Constitutional law categories.
Indigenous Peoples Customary Law And Human Rights Why Living Law Matters
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Author : Brendan Tobin
language : en
Publisher: Routledge
Release Date : 2014-08-27
Indigenous Peoples Customary Law And Human Rights Why Living Law Matters written by Brendan Tobin and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-08-27 with Law categories.
This highly original work demonstrates the fundamental role of customary law for the realization of Indigenous peoples’ human rights and for sound national and international legal governance. The book reviews the legal status of customary law and its relationship with positive and natural law from the time of Plato up to the present. It examines its growing recognition in constitutional and international law and its dependence on and at times strained relationship with human rights law. The author analyzes the role of customary law in tribal, national and international governance of Indigenous peoples’ lands, resources and cultural heritage. He explores the challenges and opportunities for its recognition by courts and alternative dispute resolution mechanisms, including issues of proof of law and conflicts between customary practices and human rights. He throws light on the richness inherent in legal diversity and key principles of customary law and their influence in legal practice and on emerging notions of intercultural equity and justice. He concludes that Indigenous peoples’ rights to their customary legal regimes and states’ obligations to respect and recognize customary law, in order to secure their human rights, are principles of international customary law, and as such binding on all states. At a time when the self-determination, land, resources and cultural heritage of Indigenous peoples are increasingly under threat, this accessible book presents the key issues for both legal and non-legal scholars, practitioners, students of human rights and environmental justice, and Indigenous peoples themselves.
Legal History Matters
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Author : Amanda Whiting
language : en
Publisher: Melbourne Univ. Publishing
Release Date : 2020-11-03
Legal History Matters written by Amanda Whiting and has been published by Melbourne Univ. Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-03 with Law categories.
As a field of study, legal history has an unsteady place in Australian law schools yet academic research and writing in the field of legal history and at the intersections of the disciplines of ‘law’ and ‘history’ is undergoing something of a renaissance, with rich and vibrant new works regularly appearing in specialist journals and scholarly monographs. This collection seeks to reinvigorate the study of history within the law school curriculum, by showcasing what students of the law can achieve when, addressing topics from the use of Magna Carta as history and precedent in sixteenth-century England to the political manoeuvres behind the failed impeachment of President Bill Clinton in late twentieth-century America, they seek to understand legal processes and institutions historically. The volume comprises outstanding legal history papers authored by graduate (final year JD) students in the Melbourne Law School. This collection is dedicated to two women who championed the teaching of legal history at the Melbourne Law School in the 1960s—Dr Ruth Campbell and Mrs Betty Hayes.
Speech Matters
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Author : Seana Valentine Shiffrin
language : en
Publisher: Princeton University Press
Release Date : 2016-11-08
Speech Matters written by Seana Valentine Shiffrin 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 2016-11-08 with Philosophy categories.
To understand one another as individuals and to fulfill the moral duties that require such understanding, we must communicate with each other. We must also maintain protected channels that render reliable communication possible, a demand that, Seana Shiffrin argues, yields a prohibition against lying and requires protection for free speech. This book makes a distinctive philosophical argument for the wrong of the lie and provides an original account of its difference from the wrong of deception. Drawing on legal as well as philosophical arguments, the book defends a series of notable claims—that you may not lie about everything to the "murderer at the door," that you have reasons to keep promises offered under duress, that lies are not protected by free speech, that police subvert their mission when they lie to suspects, and that scholars undermine their goals when they lie to research subjects. Many philosophers start to craft moral exceptions to demands for sincerity and fidelity when they confront wrongdoers, the pressures of non-ideal circumstances, or the achievement of morally substantial ends. But Shiffrin consistently resists this sort of exceptionalism, arguing that maintaining a strong basis for trust and reliable communication through practices of sincerity, fidelity, and respecting free speech is an essential aspect of ensuring the conditions for moral progress, including our rehabilitation of and moral reconciliation with wrongdoers.
Community And The Law
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Author : Takao Tanase
language : en
Publisher: Edward Elgar Publishing
Release Date : 2010-01-01
Community And The Law written by Takao Tanase 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 2010-01-01 with Political Science categories.
Takao Tanase seamlessly combines sociolegal and philosophical analysis as he explores the tensions between individual legal rights and communitarian values in settings ranging from post-divorce visitation rights to tort liability, lawyer client relationships, and rising litigation rates. Contrasting Japan with the individualistic thrust of American law, Tanase stresses the importance of building legal processes that encourage stronger social and communal bonds. Students of law and society on all continents will find rich food for thought in this intellectually bold and intriguing volume. Robert A. Kagan, University of California, Berkeley, US Takao Tanase s Community and the Law is a path breaking and often surprising interpretation of legal culture in Japan which includes subtle analyses of the changing role of lawyers and courts and the extent to which modernity and reliance on law are interlinked. But it is much more than that. His reflections on the different way law responds to social dilemmas in Japan and the USA are the building blocks of a much more ambitious project no less than constructing a coherent account of what law can and should do to maintain communal ties in postmodern times. The book is a pleasure to read for its learning and sophistication. Nottage and Wolff also deserve high praise for their light touch as editors and translators. David Nelken, University of Cardiff, UK and University of Macerata, Italy This important book translates seven landmark essays by one of Japan s most respected and influential legal thinkers. While Takao Tanase concedes that law might not matter as much in Japan as it does in the United States, in a provocative challenge to socio-legal researchers and comparative lawyers, he asks: why should it? The issue, he contends, is not whether law matters to society; it is how society matters to law. Developing a descriptive and normative theory of community and the law, the author directly challenges the view that legal liberalism represents the pinnacle of legal achievement. He criticises liberalism for destroying community in the United States and for offering false hope for a delayed modernity in Japan. By applying a distinctive interpretivist methodology, he constructs a communitarian model of law and society that serves as an alternative to legal liberalism. The book challenges conventional understandings of such legal sociological staples as torts, lawyers ethics, family law, human rights, constitutionalism and litigiousness. This fascinating book will prove a stimulating, thought provoking read for researchers and scholars of law, Japanese and American studies, sociology and jurisprudence.
The Quality Of Democracy
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Author : Guillermo O'Donnell
language : en
Publisher: University of Notre Dame Pess
Release Date : 2016-12-15
The Quality Of Democracy written by Guillermo O'Donnell and has been published by University of Notre Dame Pess this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-15 with Political Science categories.
In 1996, Guillermo O’Donnell taught a seminar at the University of Notre Dame on democratic theory. One of the questions explored in this class was whether it is possible to define and determine the “quality” of democracy. Jorge Vargas Cullell, a student in this course, returned to his native country of Costa Rica, formed a small research team, and secured funding for undertaking a “citizen audit” of the quality of democracy in Costa Rica. This pathbreaking volume contains O’Donnell’s qualitative theoretical study of the quality of democracy and Vargas Cullell’s description and analysis of the empirical data he gathered on the quality of democracy in Costa Rica. It also includes twelve short, scholarly reflections on the O’Donnell and Cullell essays. The primary goal of this collection is to present the rationale and methodology for implementing a citizen audit of democracy. This book is an expression of a growing concern among policy experts and academics that the recent emergence of numerous democratic regimes, particularly in Latin America, cannot conceal the sobering fact that the efficacy and impact of these new governments vary widely. These variations, which range from acceptable to dismal, have serious consequences for the people of Latin America, many of whom have received few if any benefits from democratization. Attempts to gauge the quality of particular democracies are therefore not only fascinating intellectual exercises but may also be useful practical guides for improving both old and new democracies. This book will make important strides in addressing the increasing practical and academic concerns about the quality of democracy. It will be required reading for political scientists, policy analysts, and Latin Americanists.
Comparative Matters
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Author : Ran Hirschl
language : en
Publisher: Oxford University Press, USA
Release Date : 2014
Comparative Matters written by Ran Hirschl and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Law categories.
Charting the history and analytical underpinnings of comparative constitutional inquiry, this book probes the various types, aims, and methodologies of engagement with the constitutive laws of others through the ages. It explores how and why comparative constitutional inquiry has been and ought to be pursued by academics and jurists worldwide.