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Author: Ronald Dworkin Publisher: Harvard University Press ISBN: 0674736710 Category : Law Languages : en Pages : 492
Book Description
With the incisiveness and lucid style for which he is renowned, Ronald Dworkin has written a masterful explanation of how the Anglo-American legal system works and on what principles it is grounded. Law’s Empire is a full-length presentation of his theory of law that will be studied and debated—by scholars and theorists, by lawyers and judges, by students and political activists—for years to come. Dworkin begins with the question that is at the heart of the whole legal system: in difficult cases how do (and how should) judges decide what the law is? He shows that judges must decide hard cases by interpreting rather than simply applying past legal decisions, and he produces a general theory of what interpretation is—in literature as well as in law—and of when one interpretation is better than others. Every legal interpretation reflects an underlying theory about the general character of law: Dworkin assesses three such theories. One, which has been very influential, takes the law of a community to be only what the established conventions of that community say it is. Another, currently in vogue, assumes that legal practice is best understood as an instrument of society to achieve its goals. Dworkin argues forcefully and persuasively against both these views: he insists that the most fundamental point of law is not to report consensus or provide efficient means to social goals, but to answer the requirement that a political community act in a coherent and principled manner toward all its members. He discusses, in the light of that view, cases at common law, cases arising under statutes, and great constitutional cases in the Supreme Court, and he systematically demonstrates that his concept of political and legal integrity is the key to Anglo-American legal theory and practice.
Author: Ronald Dworkin Publisher: Harvard University Press ISBN: 0674736710 Category : Law Languages : en Pages : 492
Book Description
With the incisiveness and lucid style for which he is renowned, Ronald Dworkin has written a masterful explanation of how the Anglo-American legal system works and on what principles it is grounded. Law’s Empire is a full-length presentation of his theory of law that will be studied and debated—by scholars and theorists, by lawyers and judges, by students and political activists—for years to come. Dworkin begins with the question that is at the heart of the whole legal system: in difficult cases how do (and how should) judges decide what the law is? He shows that judges must decide hard cases by interpreting rather than simply applying past legal decisions, and he produces a general theory of what interpretation is—in literature as well as in law—and of when one interpretation is better than others. Every legal interpretation reflects an underlying theory about the general character of law: Dworkin assesses three such theories. One, which has been very influential, takes the law of a community to be only what the established conventions of that community say it is. Another, currently in vogue, assumes that legal practice is best understood as an instrument of society to achieve its goals. Dworkin argues forcefully and persuasively against both these views: he insists that the most fundamental point of law is not to report consensus or provide efficient means to social goals, but to answer the requirement that a political community act in a coherent and principled manner toward all its members. He discusses, in the light of that view, cases at common law, cases arising under statutes, and great constitutional cases in the Supreme Court, and he systematically demonstrates that his concept of political and legal integrity is the key to Anglo-American legal theory and practice.
Author: Jennifer Pitts Publisher: ISBN: 9780674986275 Category : LAW Languages : en Pages : 293
Book Description
Against the dominant narrative first developed in the eighteenth century, which has held that international law had its origins in relations between sovereign European states that respected each other as free and equal, Boundaries of the International examines the deep entanglement of international law with European imperial expansion. As commercial relations with states such as the Ottoman and Empire and China intensified, European legal and political writers increasingly described them as anomalous and backward empires in a modern world of nation-states, even as European states were themselves expanding their imperial reach across the globe. The debate over the boundaries of international law included legal authorities from Vattel to Wheaton to Westlake but ranged well beyond professional jurists to political thinkers such as Montesquieu, Edmund Burke, and J.S. Mill, legislators and diplomats, colonial administrators and journalists. Dissident voices in this broader public debate insisted that European states had extensive legal obligations abroad. These critics provide valuable resources for the critical scrutiny of the political, economic, and legal inequalities that continue to afflict the global order.--
Author: Ronald Dworkin Publisher: ISBN: 9788175342569 Category : Law Languages : en Pages : 0
Book Description
In 'Law's Empire', Ronald Dworkin relects on the nature of the law, its authority, its application in democracy, the prominent role of interpretation in judgement and the relations of lawmakers and lawgivers in the community.
Author: Christian R. Burset Publisher: Yale University Press ISBN: 0300253230 Category : Law Languages : en Pages : 271
Book Description
A compelling reexamination of how Britain used law to shape its empire For many years, Britain tried to impose its own laws on the peoples it conquered, and English common law usually followed the Union Jack. But the common law became less common after Britain emerged from the Seven Years' War (1754-63) as the world's most powerful empire. At that point, imperial policymakers adopted a strategy of legal pluralism: some colonies remained under English law, while others, including parts of India and former French territories in North America, retained much of their previous legal regimes. As legal historian Christian R. Burset argues, determining how much English law a colony received depended on what kind of colony Britain wanted to create. Policymakers thought English law could turn any territory into an anglicized, commercial colony; legal pluralism, in contrast, would ensure a colony's economic and political subordination. Britain's turn to legal pluralism thus reflected the victory of a new vision of empire--authoritarian, extractive, and tolerant--over more assimilationist and egalitarian alternatives. Among other implications, this helps explain American colonists' reverence for the common law: it expressed and preserved their equal status in the empire. This book, the first empire-wide overview of law as an instrument of policy in the eighteenth-century British Empire, offers an imaginative rethinking of the relationship between tolerance and empire.
Author: Clifford Ando Publisher: University of Pennsylvania Press ISBN: 0812204883 Category : History Languages : en Pages : 182
Book Description
The Romans depicted the civil law as a body of rules crafted through communal deliberation for the purpose of self-government. Yet, as Clifford Ando demonstrates in Law, Language, and Empire in the Roman Tradition, the civil law was also an instrument of empire: many of its most characteristic features developed in response to the challenges posed when the legal system of Rome was deployed to embrace, incorporate, and govern people and cultures far afield. Ando studies the processes through which lawyers at Rome grappled with the legal pluralism resulting from imperial conquests. He focuses primarily on the tools—most prominently analogy and fiction—used to extend the system and enable it to regulate the lives of persons far from the minds of the original legislators, and he traces the central place that philosophy of language came to occupy in Roman legal thought. In the second part of the book Ando examines the relationship between civil, public, and international law. Despite the prominence accorded public and international law in legal theory, it was civil law that provided conceptual resources to those other fields in the Roman tradition. Ultimately it was the civil law's implication in systems of domination outside its own narrow sphere that opened the door to its own subversion. When political turmoil at Rome upended the institutions of political and legislative authority and effectively ended Roman democracy, the concepts and language that the civil law supplied to the project of Republican empire saw their meanings transformed. As a result, forms of domination once exercised by Romans over others were inscribed in the workings of law at Rome, henceforth to be exercised by the Romans over themselves.
Author: Ronald Dworkin Publisher: Harvard University Press ISBN: 9780674518360 Category : History Languages : en Pages : 492
Book Description
With incisiveness and lucid style, Dworkin has written a masterful explanation of how the Anglo-American legal system works and on what principles it is grounded. Law's Empire is a full-length presentation of his theory of law that will be studied and debated for years to come.
Author: Manu Karuka Publisher: University of California Press ISBN: 0520296648 Category : History Languages : en Pages : 318
Book Description
Empire’s Tracks boldly reframes the history of the transcontinental railroad from the perspectives of the Cheyenne, Lakota, and Pawnee Native American tribes, and the Chinese migrants who toiled on its path. In this meticulously researched book, Manu Karuka situates the railroad within the violent global histories of colonialism and capitalism. Through an examination of legislative, military, and business records, Karuka deftly explains the imperial foundations of U.S. political economy. Tracing the shared paths of Indigenous and Asian American histories, this multisited interdisciplinary study connects military occupation to exclusionary border policies, a linked chain spanning the heart of U.S. imperialism. This highly original and beautifully wrought book unveils how the transcontinental railroad laid the tracks of the U.S. Empire.
Author: Ronald Dworkin
Author: Ronald Dworkin
Author: Jennifer Pitts
Author: Ronald Dworkin
Author: Christian R. Burset
Author: Clifford Ando
Author: Ronald Dworkin
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Author: 
Author: Manu Karuka
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