The Rule of Law in Comparative Perspective PDF Download

Author: Linda Mulcahy
Publisher: Routledge
ISBN: 1134066740
Category : Law
Languages : en
Pages : 261

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Book Description
Contract Law in Perspective complements 'black letter' treatments of contract by looking at legal doctrine and statutes in their social, political and economic contexts. It increases students' understanding of the law of contract as well as convinces them why it is so important to us all. In addition to describing the key doctrines in the field, it explains the ideology behind them and considers the extent to which they serve the needs of the business community and consumers. The book broadens understanding and appreciation of the subject by reference to the 'big ideas' in contract theory and how these relate to practice at a level which is suitable for students. This fifth edition: has been substantially revised and now includes sections on privity and the Rights of Third Parties Act as well as a discussion of the Law Commision's Unfair Terms in Contract draft bill includes new chapter introductions and summaries designed to help students identify the key points and reflect on what they have learnt provides advice on further reading pointing students towards sources for more detailed study now includes additional self-test questions for students at the end of each chapter to enable them to consolidate and practice at regular intervals.

Author: Mortimer Sellers
Publisher: Springer Science & Business Media
ISBN: 9048137497
Category : Law
Languages : en
Pages : 257

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Book Description
This volume compares the different conceptions of the rule of law that have developed in different legal cultures. It describes the social purposes and practical applications of the rule of law and how it might be improved in the varied circumstances.

Author: Herbert Jacob
Publisher: Yale University Press
ISBN: 9780300063790
Category : Law
Languages : en
Pages : 420

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Book Description
This comprehensive book compares the intersection of political forces and legal practices in five industrial nations--the United States, England, France, Germany, and Japan. The authors, eminent political scientists and legal scholars, investigate how constitutional courts function in each country, how the adjudication of criminal justice and the processing of civil disputes connect legal systems to politics, and how both ordinary citizens and large corporations use the courts. For each of the five countries, the authors discuss the structure of courts and access to them, the manner in which politics and law are differentiated or amalgamated, whether judicial posts are political prizes or bureaucratic positions, the ways in which courts are perceived as legitimate forms for addressing political conflicts, the degree of legal consciousness among citizens, the kinds of work lawyers do, and the manner in which law and courts are used as social control mechanisms. The authors find that although the extent to which courts participate in policymaking varies dramatically from country to country, judicial responsiveness to perceived public problems is not a uniquely American phenomenon.

Author: Detlef von Daniels
Publisher: Routledge
ISBN: 1317037537
Category : Law
Languages : en
Pages : 257

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Book Description
This book brings together the fruits of different traditions in legal philosophy and draws on them to develop a systematic thesis on the concept of law. The work uses a legal model to explore the underlying question of how the current phenomena of transnational law are best understood, in combination with an examination of the traditions of Jürgen Habermas's critical theory and H.L.A. Hart's analytic jurisprudence. This leads the author to conclude that the key to a fruitful dialogue and comprehensive understanding is to appreciate that the concept of law is not state-cantered and must reflect relationships to other legal systems.

Author: Carl Joachim Friedrich
Publisher: University of Chicago Press
ISBN: 0226264661
Category : Law
Languages : en
Pages : 309

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Book Description

Author: Anne C. Dailey
Publisher: Yale University Press
ISBN: 0300188838
Category : Law
Languages : en
Pages : 304

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Book Description
How do we bring the law into line with people's psychological experience? How can psychoanalysis help us understand irrational actions and bad choices? Our legal system relies on the idea that people act reasonably and of their own free will, yet some still commit crimes with a high likelihood of being caught, sign obviously one-sided contracts, or violate their own moral codes--behavior many would call fundamentally irrational. Anne Dailey shows that a psychoanalytic perspective grounded in solid clinical work can bring the law into line with the reality of psychological experience. Approaching contemporary legal debates with fresh insights, this original and powerful critique sheds new light on issues of overriding social importance, including false confessions, sexual consent, threats of violence, and criminal responsibility. By challenging basic legal assumptions with a nuanced and humane perspective, Dailey shows how psychoanalysis can further our legal system's highest ideals of individual fairness and systemic justice.

Author: Lung-chu Chen
Publisher: Oxford University Press, USA
ISBN: 0190227990
Category : Law
Languages : en
Pages : 674

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Book Description
Applies the New Haven School approach explaining discrete aspects of the global decision process and their effects on the content of international legal rules. Provides an in-depth treatment of the key features of the New Haven School of international law. References both classic historical examples and contemporary events to illustrate international legal processes and principles. Focuses on important trends in international law, including the movement from a state-centered system to a people-centered one. Contributes to the growth of a world community of human dignity through international law. -- Publishers website.

Author: Walter Wadlington
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 260

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Book Description
Law school casebook intended as an introduction to the field of family law, both at the abstract level of theory and at the concrete level of doctrine. It is an introduction as much for experienced lawyers and scholars who come to this field with a thorough knowledge of other aspects of the law as for law students who have just begun preparing for their careers.

Author: Michael Head
Publisher:
ISBN: 9781741362183
Category :
Languages : en
Pages : 870

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Book Description
This expanded new edition of Law in Perspective focuses on a range of powerful critical thinking tools drawn from logic, science, ethics, and political and social theory. Information on terrorism and refugee law has been fully updated, climate change is discussed throughout, and new chapters have been added on law and Indigenous people, lawyers' ethics and corporate power. The book considers the relationship between legal theory, social theory and empirical research methods, as a guide for students taking on higher degrees in legal research. It also analyses key theories of the nature and social role of law, including legal positivism, natural law theory and Marxist theory of law.

Author: Michael W. McConnell
Publisher: Yale University Press
ISBN: 0300130066
Category : Law
Languages : en
Pages : 775

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Book Description
This book explores for the first time the broad range of ways in which Christian thought intersects with American legal theory. Eminent legal scholars—including Stephen Carter, Thomas Shaffer, Elizabeth Mensch, Gerard Bradley, and Marci Hamilton—describe how various Christian traditions, including the Catholic, Calvinist, Anabaptist, and Lutheran traditions, understand law and justice, society and the state, and human nature and human striving. The book reveals not only the diversity among Christian legal thinkers but also the richness of the Christian tradition as a source for intellectual and ethical approaches to legal inquiry. The contributors bring various perspectives to the subject. Some engage the prominent schools of legal thought: liberalism, legal realism, critical legal studies, feminism, critical race theory, and law and economics. Others address substantive areas, including environmental, criminal, contract, torts, and family law, as well as professional responsibility. Together the essays introduce a new school of legal thought that will make a signal contribution to contemporary discussions of law.