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Author: Damiano Canale Publisher: Springer Science & Business Media ISBN: 9400745923 Category : Law Languages : en Pages : 221
Book Description
This collection of essays is the outcome of a workshop with Scott Shapiro on The Planning Theory of Law that took place in December 2009 at Bocconi University. It brings together a group of scholars who wrote their contributions to the workshop on a preliminary draft of Shapiro’s Legality. Then, after the workshop, they wrote their final essays on the published version of the book. The contributions clearly highlight the difference of the continental and civil law perspective from the common law background of Shapiro but at the same time the volume tries to bridge the gap between the two. The essays provide a critical reading of the planning theory of law, highlighting its merits on the one hand and objecting to some parts of it on the other hand. Each contribution discusses in detail a chapter of Shapiro’s book and together they cover the whole of Shapiro’s theory. So the book presents a balanced and insightful discussion of the arguments of Legality.
Author: Damiano Canale Publisher: Springer Science & Business Media ISBN: 9400745931 Category : Law Languages : en Pages : 221
Book Description
This collection of essays is the outcome of a workshop with Scott Shapiro on The Planning Theory of Law that took place in December 2009 at Bocconi University. It brings together a group of scholars who wrote their contributions to the workshop on a preliminary draft of Shapiro’s Legality. Then, after the workshop, they wrote their final essays on the published version of the book. The contributions clearly highlight the difference of the continental and civil law perspective from the common law background of Shapiro but at the same time the volume tries to bridge the gap between the two. The essays provide a critical reading of the planning theory of law, highlighting its merits on the one hand and objecting to some parts of it on the other hand. Each contribution discusses in detail a chapter of Shapiro’s book and together they cover the whole of Shapiro’s theory. So the book presents a balanced and insightful discussion of the arguments of Legality.
Author: Scott J. Shapiro Publisher: Harvard University Press ISBN: 067426729X Category : Science Languages : en Pages : 483
Book Description
What is law? This question has preoccupied philosophers from Plato to Thomas Hobbes to H. L. A. Hart. Yet many others find it perplexing. How could we possibly know how to answer such an abstract question? And what would be the point of doing so? In Legality, Scott Shapiro argues that the question is not only meaningful but vitally important. In fact, many of the most pressing puzzles that lawyers confront—including who has legal authority over us and how we should interpret constitutions, statutes, and cases—will remain elusive until this grand philosophical question is resolved. Shapiro draws on recent work in the philosophy of action to develop an original and compelling answer to this age-old question. Breaking with a long tradition in jurisprudence, he argues that the law cannot be understood simply in terms of rules. Legal systems are best understood as highly complex and sophisticated tools for creating and applying plans. Shifting the focus of jurisprudence in this way—from rules to plans—not only resolves many of the most vexing puzzles about the nature of law but has profound implications for legal practice as well. Written in clear, jargon-free language, and presupposing no legal or philosophical background, Legality is both a groundbreaking new theory of law and an excellent introduction to and defense of classical jurisprudence.
Author: Barrie Needham Publisher: Routledge ISBN: 1134288921 Category : Architecture Languages : en Pages : 340
Book Description
What rights does the state have over privately owned land? Why should some landowners be favoured over others? How can the practice of land-use planning be improved? This book addresses these essential questions and shows that the interests people have in property rights over land and buildings are not just emotional but often financial too. It follows that the law, which affects who has property rights, what those rights are and how they may be used, can have great financial consequences for people and great economic consequences for society in general. For those reasons, looking at land-use planning as it affects and is affected by property rights illuminates some core aspects of land-use planning, including the law, economics, ethics and ideology. In this book, Needham examines those aspects from the clear perspective of property rights.
Author: Michael Brooks Publisher: Routledge ISBN: 1351177737 Category : Architecture Languages : en Pages : 186
Book Description
This book is recommended reading for planners preparing to take the AICP exam. In this new book, the author bridges the gap between theory and practice. The author describes an original approach-Feedback Strategy-that builds on the strengths of previous planning theories with one big difference: it not only acknowledges but welcomes politics-the bogeyman of real-world planning. Don't hold your nose or look the other way, the author advises planners, but use politics to your own advantage. The author admits that most of the time planning theory doesn't have much to do with planning practice. These ideas rooted in the planner's real world are different. This strategy employs everyday poltiical processes to advance planning, trusts planners' personal values and professional ethics, and depends on their ability to help clients articulate a vision. This volume will encourage not only veteran planners searching for a fresh approach, but also students and recent graduates dismayed by the gap between academic theory and actual practice.
Author: Dr Thomas Hartmann Publisher: Ashgate Publishing, Ltd. ISBN: 140949053X Category : Law Languages : en Pages : 402
Book Description
Countries which take spatial planning seriously should take planning law and property rights also seriously. There is an unavoidable logical relationship between planning, law, and property rights. However, planning by law and property rights is so familiar and taken for granted that we do not think about the theory behind it. As a result, we do not think abstractly about its strengths and weaknesses, about what can be achieved with it and what not, how it can be improved, how it could be complemented. Such reflections are essential to cope with current and future challenges to spatial planning. This book makes the (often implicit) theory behind planning by law and property rights explicit and relates it to those challenges. It starts by setting out what is understood by planning by law and property rights, and investigates - theoretically and by game simulation - the relationships between planning law and property rights. It then places planning law and property rights within their institutional setting at three different scales: when a country undergoes enormous social and political change, when there is fundamental political debate about the power of the state within a country, and when a country changes its legislation in response to European policy. Not only changing institutions, but also global environmental change, pose huge challenges for spatial planning. The book discusses how planning by law and property rights can respond to those challenges: by adaptive planning), by adaptable property rights, and by public policies at the appropriate geographical level. Planning by law and property rights can fix a local regime of property rights which turns out to be inappropriate but difficult to change. It questions whether such regimes can be changed and whether planning agencies can make such undesirable lock-ins less likely by reducing market uncertainty and, if so, by what means.
Author: Robert A. Beauregard Publisher: Edward Elgar Publishing ISBN: 1788978897 Category : Political Science Languages : en Pages : 189
Book Description
In this original approach to the world of planning theory, Robert A. Beauregard cuts across the many different ways to think about planning by organizing them around four core tasks: knowing, engaging, prescribing, and executing. In doing so, Beauregard explores how a basic concern with the relationship between knowledge and action has evolved into a complex discussion of democracy, inclusion, and justice.
Author: Damiano Canale Publisher: Springer Science & Business Media ISBN: 9400745923 Category : Law Languages : en Pages : 221
Book Description
This collection of essays is the outcome of a workshop with Scott Shapiro on The Planning Theory of Law that took place in December 2009 at Bocconi University. It brings together a group of scholars who wrote their contributions to the workshop on a preliminary draft of Shapiro’s Legality. Then, after the workshop, they wrote their final essays on the published version of the book. The contributions clearly highlight the difference of the continental and civil law perspective from the common law background of Shapiro but at the same time the volume tries to bridge the gap between the two. The essays provide a critical reading of the planning theory of law, highlighting its merits on the one hand and objecting to some parts of it on the other hand. Each contribution discusses in detail a chapter of Shapiro’s book and together they cover the whole of Shapiro’s theory. So the book presents a balanced and insightful discussion of the arguments of Legality.
Author: Alfred J. Kahn Publisher: Russell Sage Foundation ISBN: 1610443233 Category : Political Science Languages : en Pages : 361
Book Description
Discusses the intellectual processes involved in social planning. Professor Kahn provides critical tools for the analysis of the planning process, and shows what social planning is and can be. Clarifying the major phases in the planning process, he shows how planning can succeed or fail at any one of these stages. He examined planners in their various roles: as "neutral" technicians and as advocates, as representatives of interest groups and as public officials. The book describes both the social aspects of planning and the relationship between social and physical plans.
Author: Julian Conrad Juergensmeyer Publisher: West Academic Publishing ISBN: 9780314286475 Category : City planning and redevelopment law Languages : en Pages : 0
Book Description
This Hornbook introduces the fundamentals of land use planning and control law. Subjects covered include the planning process, zoning, development permission, subdivision control law, and building and housing codes. Discusses constitutional limitations and the environmental aspects of land use controls. Explores aesthetic regulation, historic preservation, and agricultural land protection.
Author: Philip Allmendinger Publisher: Palgrave ISBN: 9780230223646 Category : Political Science Languages : en Pages : 0
Book Description
Planning theory has undergone significant changes in recent decades. The revised and updated 2nd edition of this popular text provides a wide-ranging and up-to-date analysis of these changes, how they relate to planning practice, and their significance. It is an essential guide to current planning theory and the post-positivist perspective.
Author: Damiano Canale
Author: Damiano Canale
Author: Scott J. Shapiro
Author: Barrie Needham
Author: Michael Brooks
Author: Dr Thomas Hartmann
Author: Robert A. Beauregard
Author: Damiano Canale
Author: Alfred J. Kahn
Author: Julian Conrad Juergensmeyer
Author: Philip Allmendinger