Criminal Litigation Handbook
Author : Lisa Mountford
Publisher :
Page : pages
File Size : 10,10 MB
Release : 2005-06
Category :
ISBN : 9789780199272
Law's Empire
Author : Ronald Dworkin
Publisher :
Page : 470 pages
File Size : 19,14 MB
Release : 1986
Category : Common law
ISBN : 9780006860280
Book Description
Exploring Law and Culture
Author : Dorothy H. Bracey
Publisher : Waveland Press
Page : 129 pages
File Size : 45,74 MB
Release : 2005-11-14
Category : Social Science
ISBN : 1478636475
Book Description
Evocative and stimulating, engaging and timely, this small volume makes sense of the complicated and reciprocal relationship between law and culture. It starts with various definitions of law and the factors that anthropologists consider when they compare legal systems. Next, the experiences of exemplary researchers throughout history and some of the methods they used in their discoveries are discussed. Readers learn how to employ the comparative method and build a typology based on the source of a particular law by putting the world’s legal system into one of three categories: Western law, religious law, and traditional law. The book also tackles important issues such as formal law versus informal law, using law to legitimize power, and clashing values within a single legal system. Examples from fieldwork experiences and historical events offer readers a chance to see how a method has been applied or a concept developed—as well as how law and culture are intertwined in the real world.
The Roman Foundations of the Law of Nations
Author : Benedict Kingsbury
Publisher : OUP Oxford
Page : 400 pages
File Size : 11,47 MB
Release : 2010-12-09
Category : Law
ISBN : 0191616729
Book Description
This book makes the important but surprisingly under-explored argument that modern international law was built on the foundations of Roman law and Roman imperial practice. A pivotal figure in this enterprise was the Italian Protestant Alberico Gentili (1552-1608), the great Oxford Roman law scholar and advocate, whose books and legal opinions on law, war, empire, embassies and maritime issues framed the emerging structure of inter-state relations in terms of legal rights and remedies drawn from Roman law and built on Roman and scholastic theories of just war and imperial justice. The distinguished group of contributors examine the theory and practice of justice and law in Roman imperial wars and administration; Gentili's use of Roman materials; the influence on Gentili of Vitoria and Bodin and his impact on Grotius and Hobbes; and the ideas and influence of Gentili and other major thinkers from the 16th to the 18th centuries on issues such as preventive self-defence, punishment, piracy, Europe's political and mercantile relations with the Ottoman Empire, commerce and trade, European and colonial wars and peace settlements, reason of state, justice, and the relations between natural law and observed practice in providing a normative and operational basis for international relations and what became international law. This book explores ways in which both the theory and the practice of international politics was framed in ways that built on these Roman private law and public law foundations, including concepts of rights. This history of ideas has continuing importance as European ideas of international law and empire have become global, partly accepted and partly contested elsewhere in the world.
Jurisprudence
Author : Fouad Sabry
Publisher : One Billion Knowledgeable
Page : 341 pages
File Size : 12,23 MB
Release : 2024-08-08
Category : Political Science
ISBN :
Book Description
Unlock the world of legal theory with "Jurisprudence," a key addition to the Political Science series. Whether you're a scholar, practitioner, or enthusiast, this book provides a deep dive into the principles shaping justice systems worldwide. Chapter Summaries: 1. Jurisprudence - Introduction to the fundamental questions about the nature and purpose of law. 2. Natural Law - Exploration of moral principles inherent in human nature and their influence on legal systems. 3. Philosophy of Law - Examination of philosophical inquiries underpinning legal structures and justice. 4. Legal Positivism - Analysis of the theory that laws are rules created by human authorities, separate from morals. 5. Indeterminacy Debate in Legal Theory - Discussion of whether legal interpretations are inherently indeterminate. 6. Legal Realism - Perspective emphasizing the real-world effects and practical realities of law. 7. Ronald Dworkin - Overview of Dworkin’s contributions, including his ideas about law as integrity. 8. H. L. A. Hart - Insight into Hart’s influential theories on legal positivism and the rule of recognition. 9. The Concept of Law - Further exploration of Hart’s work on the structure and function of legal systems. 10. Joseph Raz - Understanding Raz’s theories on law, authority, and normativity. 11. Virtue Ethics - Examination of moral character and virtues in shaping legal systems. 12. Virtue Jurisprudence - Intersection of virtue ethics and legal theory, focusing on moral dimensions. 13. Good - Philosophical inquiry into what constitutes ‘good’ in legal contexts. 14. John Finnis - Study of Finnis’s contributions to natural law theory. 15. Positivism - Revisit of legal positivism and its impact on contemporary thought. 16. Index of Social and Political Philosophy Articles - Comprehensive index for exploring related topics. 17. Index of Philosophy of Law Articles - Detailed index of articles on legal philosophy. 18. Matthew Kramer - Exploration of Kramer’s perspectives and critiques of legal positivism. 19. Law’s Empire - Analysis of Dworkin’s vision of law as a coherent system of principles. 20. Legal Norm - Understanding the role of legal norms in legal systems. 21. Experimental Jurisprudence - Investigation of empirical research in testing legal theories. "Jurisprudence" offers invaluable insights and is a crucial resource for understanding the complexities of legal theory, making it a valuable investment for your intellectual journey.
Law
Author : Enrique Villanueva
Publisher : Rodopi
Page : 307 pages
File Size : 41,23 MB
Release : 2007
Category : Law
ISBN : 9042023759
Book Description
Interpretivist theories of law / Nicos Stavropoulos -- How facts make law / Mark Greenberg -- On the normative significance of brute facts / Ram Neta -- On practices and the law / Mark Greenberg -- Supervenience, value, and legal content / Enrique Villanueva -- Reasons without values? / Mark Greenberg -- Theory, practice and ubiquitous interpretation : the basics / Martin Stone -- Law as a reflective practice / Scott Hershovitz -- On reflective practices and 'substituting for God' / Martin Stone -- Metasemantics and objectivity / Ori Simchen -- Can objectivity be grounded in semantics? / Michael S. Moore -- A hybrid theory of claim-rights / Gopal Sreenivasan -- Is the will theory of rights superseded by the hybrid theory? / Horacio Spector -- In defense of the hybrid theory / Gopal Sreenivasan.
Law in the Roman Provinces
Author : Kimberley Czajkowski
Publisher : Oxford University Press, USA
Page : 539 pages
File Size : 19,5 MB
Release : 2020-05-28
Category : History
ISBN : 0198844085
Book Description
The study of the Roman Empire has changed dramatically in the last century, with significant emphasis now placed on understanding the experiences of subject populations, rather than a sole focus on the Roman imperial elites. Local experiences, and interactions between periphery and centre, are an intrinsic component in our understanding of the empire's function over and against the earlier, top-down model. But where does law fit into this new, decentralized picture of empire? This volume brings together internationally renowned scholars from both legal and historical backgrounds to study the operation of law in each region of the Roman Empire, from Britain to Egypt, from the first century BCE to the end of the third century CE. Regional specificities are explored in detail alongside the emergence of common themes and activities in a series of case studies that together reveal a new and wide-ranging picture of law in the Roman Empire, balancing the practicalities of regional variation with the ideological constructs of law and empire.
MacCormick's Scotland
Author : Neil Walker
Publisher : Edinburgh University Press
Page : 288 pages
File Size : 38,82 MB
Release : 2012-03-26
Category : Law
ISBN : 0748643818
Book Description
This book analyses in depth the distinctively Scottish themes in the work of Sir Neil MacCormick, the world-renowned legal philosopher and prominent Scottish public intellectual who died in 2009 after holding the Regius Chair in Public Law and the Law of Nature and Nations at Edinburgh University for 36 years. MacCormick's work, and works about MacCormick, attract both a domestic and an international audience. Readers will gain an understanding of how MacCormick's Scottish roots, interests and commitments coloured his work - both his distinctively Scottish writings and the overall intellectual outlook that informed his broader legal and philosophical writings.The book provides a well rounded appreciation of the Scottish dimension in MacCormick's thinking and writing. It focuses on a number of prominent Scottish themes in MacCormick's work and life and is structured around four key themes: 1) the nature and identity of a legal system; 2) sovereignty, European integration and Scottish independence; 3) the legacy of the legal and political thought of the Scottish enlightenment; and 4) the role of the academic in the Scottish public sphere.
Liberal Perfectionism
Author : Alexandra Couto
Publisher : Walter de Gruyter
Page : 232 pages
File Size : 18,13 MB
Release : 2014-01-31
Category : Philosophy
ISBN : 3110336952
Book Description
Much of the recent literature on political perfectionism has focused on dealing with objections to this view. This book adopts a different approach: It attempts to highlight the intuitive appeal of liberal perfectionism by presenting a positive prima facie argument in its favour. The book starts by clarifying the relation between political perfectionism — a conception of politics — and prudential perfectionism and ethical perfectionism — a conception of the good life, and a type of ethical theory. It is crucial to start by selecting a plausible form of ethical perfectionism, as it makes an important difference to the plausibility of the political conception based upon it. Once appropriate distinctions are drawn and a plausible form of liberal perfectionism is endorsed, many of the standard objections to perfectionism are shown to fail to reach their target. Different arguments in favour of liberal perfectionism are then proposed and critically examined, but the resilience of some pragmatic arguments against liberal perfectionism is conceded. The book ends by showing that perfectionism can be surprisingly relevant for discussions of social justice and proceeds to draw a sketch of the perfectionist implications for questions of distributive justice.
Discovering Indigenous Lands
Author : Robert J. Miller
Publisher : OUP Oxford
Page : 1396 pages
File Size : 37,76 MB
Release : 2012-01-05
Category : Law
ISBN : 0191627631
Book Description
This book presents new material and shines fresh light on the under-explored historical and legal evidence about the use of the doctrine of discovery in Australia, Canada, New Zealand and the United States. North America, New Zealand and Australia were colonised by England under an international legal principle that is known today as the doctrine of discovery. When Europeans set out to explore and exploit new lands in the fifteenth through to the twentieth centuries, they justified their sovereign and property claims over these territories and the indigenous peoples with the discovery doctrine. This legal principle was justified by religious and ethnocentric ideas of European and Christian superiority over the other cultures, religions, and races of the world. The doctrine provided that newly-arrived Europeans automatically acquired property rights in the lands of indigenous peoples and gained political and commercial rights over the inhabitants. The English colonial governments and colonists in North America, New Zealand and Australia all utilised this doctrine, and still use it today to assert legal rights to indigenous lands and to assert control over indigenous peoples. Written by indigenous legal academics - an American Indian from the Eastern Shawnee Tribe, a New Zealand Maori (Ngati Rawkawa and Ngai Te Rangi), an Indigenous Australian, and a Cree (Neheyiwak) in the country now known as Canada, Discovering Indigenous Lands provides a unique insight into the insidious historical and contemporary application of the doctrine of discovery.
