Legal Perspectives on State Power PDF Download

Author: Chris Ashford
Publisher: Cambridge Scholars Publishing
ISBN: 1443857173
Category : Law
Languages : en
Pages : 439

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Book Description
The issue of consent and criminal law commonly focuses on consent in sports, sexual activity, and medical treatment. The notion of consent and the influence of state control in this context, however, are pervasive throughout the criminal justice process from the pre-trial stage to rehabilitation. This edited collection charts an important and original pathway to understanding these important issues, pre-, during, and post-trial, from a range of perspectives, including doctrinal, socio-legal, intersectional, medico-legal, feminist, critical legal, and queer theoretical viewpoints. The collection addresses the complex inter-relationship between consent and state control in relation to private authorisation and public censure; sexual behaviour; the age of consent; queering consent; Pro-LGBTI Refugee cases; rape by fraud; male rape; undercover policing; prisons and consent; compulsory treatment for sex offenders; sex offenders with high functioning autism and the suitability of sex offender treatment programmes; and, the criminalisation of HIV transmission. This multi-disciplinary approach draws together a variety of experts from legal and medical academia and practice in order to confront the issues raised by these subjects, which are likely to remain controversial and in need of reform for years to come.

Author: Brooke Coleman
Publisher: NYU Press
ISBN: 1479805939
Category : Law
Languages : en
Pages : 448

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Book Description
"This book represents our efforts, and the efforts of our contributors, to center questions of inequality in the teaching, learning, and practice of civil procedure by shining a light on the ways in which civil procedure may privilege-or silence-voices in our courts"--

Author: James R. Silkenat
Publisher: Springer
ISBN: 3319055852
Category : Law
Languages : en
Pages : 366

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Book Description
This book explores the development of both the civil law conception of the Legal State and the common law conception of the Rule of Law. It examines the philosophical and historical background of both concepts, as well as the problem of the interrelation between the two doctrines. The book brings together twenty-five leading scholars from around the world and provides both general and specific jurisdictional perspectives of the issue in both contemporary and historical settings. The Rule of Law is a legal doctrine the meaning of which can only be fully appreciated in the context of both the common law and the European civil law tradition of the Legal State (Rechtsstaat). The Rule of Law and the Legal State are fundamental safeguards of human dignity and of the legitimacy of the state and the authority of state prescriptions.

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.

Author: Robert Edwin Bacharach
Publisher: American Bar Association
ISBN: 9781641056595
Category : Law
Languages : en
Pages : 0

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Book Description
"A magnificent book on writing. Drawing on the lessons from psycholinguistics and rhetoric, Judge Bacharach has written a remarkably practical book on how to write effectively. Judge Bacharach illustrates his points with very specific suggestions and countless examples from briefs from top lawyers and opinions of judges. I learned so much from this wonderful book." -- Erwin Chemerinsky, Dean, Berkeley School of Law

Author: Mara Tignino
Publisher: Routledge
ISBN: 1000730417
Category : Nature
Languages : en
Pages : 171

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Book Description
Legal Perspectives on Bridging Science and Policy deals with the interaction of science and policy from a legal perspective. Expert contributors outline the role of law in water management and suggest solutions to make laws flexible and adaptive to changes in scientific knowledge and environmental, social and economic conditions. Each chapter addresses the topic with a different focus and offers an in-depth analysis of legal challenges related to the creation of interdisciplinary bridges, clarifying how science may be assimilated into decision-making processes and can thereby contribute to build evidence-based policies. Legal Perspectives on Bridging Science and Policy will be of great interest to scholars of water law, water governance and environmental law. This book was originally published in the journal Water International, as a special issue prepared by the International Association for Water Law (known as AIDA from its Spanish acronym https://www.aida-waterlaw.org), gathering selected papers dealing with law and governance from the XVI World Water Congress of the International Water Resources Association (IWRA) (2017).

Author: Rolf H. Weber
Publisher: Springer Science & Business Media
ISBN: 3642117104
Category : Law
Languages : en
Pages : 156

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Book Description
The Internet of Things as an emerging global Internet-based information archit- ture facilitating the exchange of goods and services is gradually developing. While the technology of the Internet of Things is still being discussed and created, the legal framework should be established before the Internet of Things is fully operable, in order to allow for an efective introduction of the new information architecture. If a self-regulatory approach is to be adopted to provide a legal framework for the Internet of Things, and this seems preferable, rulemakers can draw on experiences from the current regime of Internet governance. In the near future, mainly businesses will operate in the Internet of Things. Civil society is only expected to make use of the Internet of Things, as it now does of the Internet, at a later stage (e.g. for healthcare). The Internet of Things will have an impact in various areas. The regulatory fra- work must provide for provisions ensuring the security of the structure as well as the privacy of its users. Furthermore, legal barriers that may stand in the way of the coming into operation of the Internet of Things will have to be considered. However, the Internet of Things will also have positive efects in diferent felds, such as the inclusion of developing countries in global trade, the use of search engines to the beneft of civil society, combating product counterfeiting, tackling environmental concerns, improving health conditions, securing food supply and monitoring compliance with labor standards.

Author: Tayanah O’Donnell
Publisher: Routledge
ISBN: 0429760566
Category : Law
Languages : en
Pages : 213

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Book Description
This book is the first legal geography book to explicitly engage in method. It complements this by also bringing together different perspectives on the emerging school of legal geography. It explores human–environment interactions and showcases distinct environmental legal geography scholarship. Legal Geography: Perspectives and Methods is an innovative book concerned with a new relational and material way of examining our legal-spatial world. With chapters examining natural resource management, Indigenous knowledge and political ecology scholarship, the text introduces legal geography’s modes of analysis and critique. The book explores topics such as Indigenous environmental rights, the impacts of extractive industries, mediation of climate change, food, animal and plant patents, fossil fuels, mining and coastal environments based on empirical, jurisdictional and methodological insights from Australia, New Zealand and the Asia-Pacific to demonstrate how space and place are invoked in legal processes and contestations, and the methods that may be employed to explore these processes and contestations. This book examines the role of legal geographies in the 21st century beyond the simple “law in action”, and it will thus appeal to students of socio-legal studies, human geography, environmental studies, environmental policy, as well as politics and international relations.

Author: Pieraccini, Margherita
Publisher: Policy Press
ISBN: 1529201020
Category : Law
Languages : en
Pages : 254

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Book Description
This important volume steps beyond conventional legal approaches to sustainability to provide fresh insights into perhaps one of the most critical global challenges of our time. Offering analysis of sustainability at land and sea alongside trade, labour and corporate governance perspectives, this book articulates important debates about the role of law. From impacts on local societies to domestic sustainable development policies and major international goals, it considers multiple jurisdictional levels. With original, interdisciplinary research from experts in their legal fields, this is a rounded assessment of the complex interplay of law and sustainability—both as it is now and as it should be in the future.

Author: Tom Frost
Publisher: Routledge
ISBN: 1134097794
Category : Law
Languages : en
Pages : 263

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Book Description
This book collects new contributions from an international group of leading scholars – including many who have worked closely with Agamben – to consider the impact of Agamben’s thought on research in the humanities and social sciences. Giorgio Agamben: Legal, Political and Philosophical Perspectives addresses the potential of Agamben’s thought by re-focusing attention away from his critiques of Western politics and towards his scheme for a political future. Part I of the book draws upon a wide range of issues such as legal oaths, legal reasoning and Christian conceptions of love in order to examine the potential for Agamben’s work to impact upon future legal scholarship. Part II focuses on political perspectives that include references to Marx, Rousseau and Agamben’s conception of the ‘messianic’. Theology, biology, and the thought of Gilles Deleuze, Walter Benjamin and Antonin Artaud are all drawn upon in Part III to explore philosophical perspectives in Agamben’s thought. This book demonstrates the importance and originality of Giorgio Agamben, who has articulated a vision of politics that must be recognised as an influential contribution to modern philosophical and political thinking. It is a book that will be of considerable interest to many working across the humanities and social sciences.