Methods and Legal Comparison PDF Download

Author: Roberto Scarciglia
Publisher: Edward Elgar Publishing
ISBN: 1035308800
Category : Law
Languages : en
Pages : 239

View

Book Description
This comprehensive book explores different methods and approaches to legal comparison, considering how they are perceived and understood by the reader. It examines how comparative discussion can be used effectively in both the classroom and courtroom. The author builds on both analytical and methodological perspectives to provide an insight into the phenomenon of legal pluralism across global legal systems.

Author: Donna K. Hammaker
Publisher: Jones & Bartlett Learning
ISBN: 128428865X
Category : Business & Economics
Languages : en
Pages : 449

View

Book Description
Health Care Ethics and the Law is a comprehensive, practical resource designed for those preparing for a career in healthcare management. In 16 chapters, the text explains and illustrates ethical principles and their application in the real world, including material that is consistently cited by the U.S. Supreme Court and the nation’s highest appellate courts. The book also explores substantive theories of classic ethicists in the Western world, along with current scholarly literature from the nation’s leading ethicists. The authors seamlessly integrate ethical and legal concepts without overwhelming the reader with philosophies and theory. With an emphasis on interpretation, insight, and ideas, Health Care Ethics and the Law guides healthcare professionals through the ethical decisions they will face in their everyday professional lives.

Author: Maxwell L. Stearns
Publisher: West Academic Publishing
ISBN:
Category : Law
Languages : en
Pages : 676

View

Book Description
Stearns and Zywicki's Public Choice Concepts and Applications in Law is the only course book specifically designed to instruct law students in the discipline of public choice. The book provides a comprehensive but nontechnical overview of interest group theory, social choice theory, game theory, and elementary price theory. It ties these concepts to a wide range of topics in both public and private law. The book contains chapters devoted to each set of methodological tools and specific institutional settings: legislatures, courts, executive branch and bureaus, and constitutions.

Author: Kyle Scott
Publisher: Lexington Books
ISBN: 9780739123768
Category : Law
Languages : en
Pages : 194

View

Book Description
Dismantling American Common Law provides new insights into the political implications and philosophical origins of the American common law tradition, the importance of which has largely been ignored by the political science community.

Author: Helen Hardacre
Publisher: BRILL
ISBN: 9004644865
Category : Architecture
Languages : en
Pages : 453

View

Book Description
This volume of twelve essays with useful bibliographies, in the fields of history, art, religion, literature, anthropology, political science, and law, documents the history of United States scholarship on Japan since 1945.

Author: Helen Hardacre
Publisher: BRILL
ISBN: 9789004109810
Category : History
Languages : en
Pages : 462

View

Book Description
This volume of twelve essays with useful bibliographies, in the fields of history, art, religion, literature, anthropology, political science, and law, documents the history of United States scholarship on Japan since 1945.

Author: Alice Fleetwood Bartee
Publisher: Bloomsbury Publishing USA
ISBN: 031306637X
Category : Social Science
Languages : en
Pages : 168

View

Book Description
This volume is a thematic study in legal history that uses past and present landmark court cases to analyze the legal and historical development of moral regulatory policies in America and resulting debates. Using a critical variable approach, the book demonstrates how different elements of the legal process have historically influenced the litigation of various moral issues. Five moral policies are included: abortion, sodomy, pornography, criminal insanity, and the death penalty. The book's framework for analysis uses examples from English legal history and links them to American cases, demonstrating how moral regulatory policies are impacted by the legal process: by laws, by judges and juries, by legal scholars, and by attorneys. Following a brief introduction, Chapter 1 examines how protagonists in the bitter moral and legal controversy over abortion in America have sought to fortify their positions with the views of prominent English legal authorities. The authors discuss the role of English legal scholars in court opinion and oral arguments in Webster and in Roe v. Wade, and debates Roe's interpretation of the English legalists. Chapter 2 describes how attempts to expand a right of privacy under the federal Constitution to include sodomy failed the test for common law rights (Rights of Englishmen) in Bowers v. Hardwick (1986), and includes a history of sodomy in early English and American law. Chapter 3 discusses pornography standards and laws, highlighting the history of legal actions taken against Memoirs of a Woman of Pleasure in both England and the U.S., demonstrating the role of precedent in American judicial efforts to define pornography. In Chapter 4, which deals with the criminal insanity defense, the influential role of the defense attorney on case outcomes is illustrated in cases such as England's McNaughton case (1843) and America's Hinckley case (1982). Chapter 5 deals with cruel and unusual punishment throughout U.S. and English history. The book ends with an epilogue which ties together the idea of the American legal process as an inherited English process, reiterating how decisionmakers continually mine the past to find traditions and sources of moral values for justifying or criticizing current laws and policies.

Author: Simon Halliday
Publisher: Bloomsbury Publishing
ISBN: 1847311660
Category : Law
Languages : en
Pages : 292

View

Book Description
What practical impact does the incorporation of international human rights standards into domestic law have? This collection of essays explores human rights in domestic legal systems. The enactment of the Human Rights Act in 1998, ushering the European Convention on Human Rights fully into UK law, represented a landmark in the UK constitutional order. Other European states similarly have elevated the status of human rights in their domestic legal systems. However, whilst much has been written about doctrinal legal developments, little is yet known about the empirical effects of bringing rights home. This collection of essays, written by a range of distinguished socio-legal scholars, seeks to fill this gap in our knowledge. The essays, presenting new empirical research, begin their enquiry where many studies in human rights finish. The contributors do not stop at the recognition of international law and norms by states, but penetrate the internal workings of domestic legal systems to see the law in action - - as it is developed, contested, manipulated, or even ignored by actors such as judges, lawyers, civil servants, interest groups, and others. This distinctly socio-legal approach offers a unique contribution to the literature on human rights, exploring human rights law-in-action in developed countries. In doing so, it demonstrates the importance of looking beyond grand generalities and the hopes of international human rights law in order to understand the impact of the global human rights movement.

Author: Matthew Clair
Publisher: Princeton University Press
ISBN: 069123387X
Category : Social Science
Languages : en
Pages : 320

View

Book Description
How the attorney-client relationship favors the privileged in criminal court—and denies justice to the poor and to working-class people of color The number of Americans arrested, brought to court, and incarcerated has skyrocketed in recent decades. Criminal defendants come from all races and economic walks of life, but they experience punishment in vastly different ways. Privilege and Punishment examines how racial and class inequalities are embedded in the attorney-client relationship, providing a devastating portrait of inequality and injustice within and beyond the criminal courts. Matthew Clair conducted extensive fieldwork in the Boston court system, attending criminal hearings and interviewing defendants, lawyers, judges, police officers, and probation officers. In this eye-opening book, he uncovers how privilege and inequality play out in criminal court interactions. When disadvantaged defendants try to learn their legal rights and advocate for themselves, lawyers and judges often silence, coerce, and punish them. Privileged defendants, who are more likely to trust their defense attorneys, delegate authority to their lawyers, defer to judges, and are rewarded for their compliance. Clair shows how attempts to exercise legal rights often backfire on the poor and on working-class people of color, and how effective legal representation alone is no guarantee of justice. Superbly written and powerfully argued, Privilege and Punishment draws needed attention to the injustices that are perpetuated by the attorney-client relationship in today’s criminal courts, and describes the reforms needed to correct them.

Author: Torben Spaak
Publisher: Springer
ISBN: 3319061674
Category : Law
Languages : en
Pages : 284

View

Book Description
This book offers a critical appraisal of Karl Olivecrona’s legal philosophy. Based on Olivecrona’s critique of the view that law has binding force, the analysis of the concept and function of a legal rule, and the idea that law is a matter of organized force, the book argues that Olivecrona’s legal philosophy is a unique contribution to twentieth century legal philosophy. It shows how Olivecrona’s philosophy can be used in the assessment of contemporary theories of law, such as those put forward by Hart, Raz, Dworkin, and Alexy. In addition, the book argues that Olivecrona’s various discussions of theories defended by key people in the history of legal and political philosophy are highly interesting contributions. They not only increase our understanding of the legal and political philosophy of previous generations, but also enhances our insight into legal-philosophical questions that remain with us today.