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Author: Brian M. McCall Publisher: University of Notre Dame Pess ISBN: 0268103364 Category : Law Languages : en Pages : 475
Book Description
This book argues that classical natural law jurisprudence provides a superior answer to the questions “What is law?” and “How should law be made?” rather than those provided by legal positivism and “new” natural law theories. What is law? How should law be made? Using St. Thomas Aquinas’s analogy of God as an architect, Brian McCall argues that classical natural law jurisprudence provides an answer to these questions far superior to those provided by legal positivism or the “new” natural law theories. The Architecture of Law explores the metaphor of law as an architectural building project, with eternal law as the foundation, natural law as the frame, divine law as the guidance provided by the architect, and human law as the provider of the defining details and ornamentation. Classical jurisprudence is presented as a synthesis of the work of the greatest minds of antiquity and the medieval period, including Cicero, Aristotle, Gratian, Augustine, and Aquinas; the significant texts of each receive detailed exposition in these pages. Along with McCall’s development of the architectural image, he raises a question that becomes a running theme throughout the book: To what extent does one need to know God to accept and understand natural law jurisprudence, given its foundational premise that all authority comes from God? The separation of the study of law from knowledge of theology and morality, McCall argues, only results in the impoverishment of our understanding of law. He concludes that they must be reunited in order for jurisprudence to flourish. This book will appeal to academics, students in law, philosophy, and theology, and to all those interested in legal or political philosophy.
Author: Brian M. McCall Publisher: University of Notre Dame Pess ISBN: 0268103364 Category : Law Languages : en Pages : 475
Book Description
This book argues that classical natural law jurisprudence provides a superior answer to the questions “What is law?” and “How should law be made?” rather than those provided by legal positivism and “new” natural law theories. What is law? How should law be made? Using St. Thomas Aquinas’s analogy of God as an architect, Brian McCall argues that classical natural law jurisprudence provides an answer to these questions far superior to those provided by legal positivism or the “new” natural law theories. The Architecture of Law explores the metaphor of law as an architectural building project, with eternal law as the foundation, natural law as the frame, divine law as the guidance provided by the architect, and human law as the provider of the defining details and ornamentation. Classical jurisprudence is presented as a synthesis of the work of the greatest minds of antiquity and the medieval period, including Cicero, Aristotle, Gratian, Augustine, and Aquinas; the significant texts of each receive detailed exposition in these pages. Along with McCall’s development of the architectural image, he raises a question that becomes a running theme throughout the book: To what extent does one need to know God to accept and understand natural law jurisprudence, given its foundational premise that all authority comes from God? The separation of the study of law from knowledge of theology and morality, McCall argues, only results in the impoverishment of our understanding of law. He concludes that they must be reunited in order for jurisprudence to flourish. This book will appeal to academics, students in law, philosophy, and theology, and to all those interested in legal or political philosophy.
Author: Linda Mulcahy Publisher: Routledge ISBN: 1136862196 Category : Architecture Languages : en Pages : 221
Book Description
Legal Architecture addresses how the environment in which the trial takes place can be seen as a physical expression of our relationship with ideals of justice; as it approaches the history of courthouse design as a reflection of the troubled history of notions of due process.
Author: Justin Sweet Publisher: Cengage Learning ISBN: 9781111578718 Category : Technology & Engineering Languages : en Pages : 1088
Book Description
The primary focus of this text is to provide a bridge for students between the academic world and the real world. This bridge is built through an understanding of what is law, how law is created, how law affects almost every activity of human conduct, and how legal institutions operate. Intended mainly for architectural and engineering students, but increasingly for those in business schools and law schools, this text features a clear, concise, and jargon-free presentation. It probes beneath the surface of legal rules and uncovers why these rules developed as they did, outlines arguments for and against these rules, and examines how they work in practice. Updated with the most recent developments in the legal aspects of architectural, engineering, and the construction processes, this text is also a valuable reference for practitioners and has been cited in over twenty-five court decisions. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.
Author: Kirsty Duncanson Publisher: Routledge ISBN: 0429594798 Category : Architecture Languages : en Pages : 174
Book Description
This collection interrogates relationships between court architecture and social justice, from consultation and design to the impact of material (and immaterial) forms on court users, through the lenses of architecture, law, socio-legal studies, criminology, anthropology, and a former senior federal judge. International multidisciplinary collaborations and single-author contributions traverse a range of methodological approaches to present new insights into the relationship between architecture, design, and justice. These include praxis, photography, reflections on process and decolonising practice, postcolonial, feminist, and poststructural analysis, and theory from critical legal scholarship, political science, criminology, literature, sociology, and architecture. While the opening contributions reflect on establishing design principles and architectural methodologies for ethical consultation and collaboration with communities historically marginalised and exploited by law, the central chapters explore the textures and affects of built forms and the spaces between; examining the disjuncture between design intention and use; and investigating the impact of architecture and the design of space. The collection finishes with contemplations of the very real significance of material presence or absence in courtroom spaces and what this might mean for justice. Courthouse Architecture, Design and Social Justice provides tools for those engaged in creating, and reflecting on, ethical design and building use, and deepens the dialogue across disciplinary boundaries towards further collaborative work in the field. It also exists as a new resource for research and teaching, facilitating undergraduate critical thought about the ways in which design enhances and restricts access to justice.
Author: Dr Renée Tobe Publisher: Ashgate Publishing, Ltd. ISBN: 140947125X Category : Architecture Languages : en Pages : 533
Book Description
Bringing together leading scholars in the fields of criminology, international law, philosophy and architectural history and theory, this book examines the interrelationships between architecture and justice, highlighting the provocative and curiously ambiguous juncture between the two. Illustrated by a range of disparate and diverse case studies, it draws out the formal language of justice, and extends the effects that architecture has on both the place of, and the individuals subject to, justice. With its multi-disciplinary perspective, the study serves as a platform on which to debate the relationships between the ceremonial, legalistic, administrative and penal aspects of justice, and the spaces that constitute their settings. The structure of the book develops from the particular to the universal, from local situations to the larger city, and thereby examines the role that architecture and urban space play in the deliberations of justice. At the same time, contributors to the volume remind us of the potential impact the built environment can have in undermining the proper juridical processes of a socio-political system. Hence, the book provides both wise counsel and warnings of the role of public/civic space in affirming our sense of a just or unjust society.
Author: Blake Emerson Publisher: ISBN: 0190682876 Category : Law Languages : en Pages : 289
Book Description
The Public's Law is a theory and history of democracy in the American administrative state. The book describes how American Progressive thinkers - such as John Dewey, W.E.B. Du Bois, and Woodrow Wilson - developed a democratic understanding of the state from their study of Hegelian political thought. G.W.F. Hegel understood the state as an institution that regulated society in the interest of freedom. This normative account of the state distinguished his view from later German theorists, such as Max Weber, who adopted a technocratic conception of bureaucracy, and others, such as Carl Schmitt, who prioritized the will of the chief executive. The Progressives embraced Hegel's view of the connection between bureaucracy and freedom, but sought to democratize his concept of the state. They agreed that welfare services, economic regulation, and official discretion were needed to guarantee conditions for self-determination. But they stressed that the people should participate deeply in administrative policymaking. This Progressive ideal influenced administrative programs during the New Deal. It also sheds light on interventions in the War on Poverty and the Second Reconstruction, as well as on the Administrative Procedure Act of 1946. The book develops a normative theory of the state on the basis of this intellectual and institutional history, with implications for deliberative democratic theory, constitutional theory, and administrative law. On this view, the administrative state should provide regulation and social services through deliberative procedures, rather than hinge its legitimacy on presidential authority or economistic reasoning.
Author: Kjell Å Modéer Publisher: Museum Tusculanum Press ISBN: 8763531615 Category : Law Languages : en Pages : 313
Book Description
In this book, a group of lawyers and legal historians help to identify the new Nordic legal map, which is under construction. This book is a collection of papers addressing legal staging, and most of the articles combine theoretical approaches to the visuality of law with practical experiences and effects. The texts show that law is so much more than law in action and law in books: law is also part of a visual culture. It contributes to that culture and is, in turn, analyzed, maintained, and criticized by that culture. At the same time, the cultural manifestations of law change the way we understand law and, thus, change law itself.
Author: John Wevill Publisher: Routledge ISBN: 100072669X Category : Architecture Languages : en Pages : 309
Book Description
Intensely practical and clearly written, Law in Practice: the RIBA Legal Handbook is the RIBA’s jargon-free, professional guide to the law as it relates to a construction project. It addresses all the fundamental, up-to-date issues of contemporary construction law, allowing architects to make sound judgements, avoid disputes, and run projects on a safer basis. This new edition has been fully updated to reflect the new RIBA Plan of Work 2013 – the industry’s framework for construction projects – as well as recent case law and other legal updates that the practising architect needs to be aware of. Why does an appointment need to be written? Why does language matter? What is a novation? What does an overall cap on liability mean, and how can you convince a client to agree one? How do you assess an extension of time? When should you notify your insurer of a potential claim? Law in Practice answers all of these questions and many more.
Author: Brian M. McCall
Author: Brian M. McCall
Author: Linda Mulcahy
Author: Justin Sweet
Author: Kirsty Duncanson
Author: Kathryn Horste
Author: Dr Renée Tobe
Author: BEVERLEY M. MCLACHLIN
Author: Blake Emerson
Author: Kjell Å Modéer
Author: John Wevill