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Author: Ronald Dworkin Publisher: A&C Black ISBN: 1780938330 Category : Philosophy Languages : en Pages : 457
Book Description
A landmark work of political and legal philosophy, Ronald Dworkin's Taking Rights Seriously was acclaimed as a major work on its first publication in 1977 and remains profoundly influential in the 21st century. A forceful statement of liberal principles - championing the legal, moral and political rights of the individual against the state - Dworkin demolishes prevailing utilitarian and legal-positivist approaches to jurisprudence. Developing his own theory of adjudication, he applies this to controversial public issues, from civil disobedience to positive discrimination. Elegantly written and cuttingly insightful, Taking Rights Seriously is one of the most important works of public thought of the last fifty years.
Author: Ronald Dworkin Publisher: A&C Black ISBN: 1780938330 Category : Philosophy Languages : en Pages : 457
Book Description
A landmark work of political and legal philosophy, Ronald Dworkin's Taking Rights Seriously was acclaimed as a major work on its first publication in 1977 and remains profoundly influential in the 21st century. A forceful statement of liberal principles - championing the legal, moral and political rights of the individual against the state - Dworkin demolishes prevailing utilitarian and legal-positivist approaches to jurisprudence. Developing his own theory of adjudication, he applies this to controversial public issues, from civil disobedience to positive discrimination. Elegantly written and cuttingly insightful, Taking Rights Seriously is one of the most important works of public thought of the last fifty years.
Author: James Goudkamp Publisher: Bloomsbury Publishing ISBN: 150994074X Category : Law Languages : en Pages : 392
Book Description
This book celebrates the scholarship of Peter Cane. The significance and scale of his contributions to the discipline of law over the last half-century cannot be overstated. In an era of increasing specialisation, Cane stands out on account of the unusually broad scope of his interests, which extend to both private and public law in equal measure. This substantive breadth is combined with remarkable doctrinal, historical, comparative and theoretical depth. This book is written by admirers of Cane's work, and the essays probe a wide range of issues, especially in administrative law and tort law. Consistently with the international prominence that Cane's research has enjoyed, the contributors are drawn from across the common law world. The volume will be of value to anyone who is interested in Cane's towering contributions to legal scholarship and administrative law and tort law more generally.
Author: James Goudkamp Publisher: Bloomsbury Publishing ISBN: 1509940723 Category : Law Languages : en Pages : 387
Book Description
Tort Law beyond the forms of action : achieving the goal of the anatomy of Tort Law / Christine Beuermann -- Elements of torts / James Goudkamp -- Culpability and compensation / Sandy Steel -- Peter Cane on torts / Stephen D Sugarman -- Constitutional rights, moral judgment, and the rule of law / TRS Allan -- Participation and the duty to consult / Janet McLean -- Controlling administration : the rise of unilateral executive power in the United States / Jerry L Mashaw -- Administrative compensation : bypass or dead end? / Carol Harlow -- Tort and regulation / Donal Nolan -- Regulating relationships : the regulatory potential of Tort Law revisited / Jenny Steele -- Thinking about Doctrine in Administrative Law / Leighton McDonald -- Administrative tribunals : an essay about the legal imagination of administrative law scholars / Elizabeth Fisher -- Cane as law reformer : Götterdämerung or House of Cards? / Mark Lunney -- Philosophical and judicial thinking about moral concepts : Cane's critique of philosophical method twenty years on / Anthony J Connolly.
Author: Ronald Dworkin Publisher: Bristol Classical Press ISBN: Category : Law Languages : en Pages : 320
Book Description
Taking Rights Seriously is one of the most significant books on the philosophy of law to be published in the twentieth century. First published in 1977 and issued in a new edition with a reply to critics in 1997, it is an established textbook that has never been out of print.
Author: Ronald Dworkin Publisher: Harvard University Press ISBN: 0674237323 Category : Philosophy Languages : en Pages : 396
Book Description
What is law? What is it for? How should judges decide novel cases when the statutes and earlier decisions provide no clear answer? Do judges make up new law in such cases, or is there some higher law in which they discover the correct answer? Must everyone always obey the law? If not, when is a citizen morally free to disobey? A renowned philosopher enters the debate surrounding these questions. Clearly and forcefully, Ronald Dworkin argues against the “ruling” theory in Anglo-American law—legal positivism and economic utilitarianism—and asserts that individuals have legal rights beyond those explicitly laid down and that they have political and moral rights against the state that are prior to the welfare of the majority. Mr. Dworkin criticizes in detail the legal positivists’ theory of legal rights, particularly H. L. A. Hart’s well-known version of it. He then develops a new theory of adjudication, and applies it to the central and politically important issue of cases in which the Supreme Court interprets and applies the Constitution. Through an analysis of John Rawls’s theory of justice, he argues that fundamental among political rights is the right of each individual to the equal respect and concern of those who govern him. He offers a theory of compliance with the law designed not simply to answer theoretical questions about civil disobedience, but to function as a guide for citizens and officials. Finally, Professor Dworkin considers the right to liberty, often thought to rival and even preempt the fundamental right to equality. He argues that distinct individual liberties do exist, but that they derive, not from some abstract right to liberty as such, but from the right to equal concern and respect itself. He thus denies that liberty and equality are conflicting ideals. Ronald Dworkin’s theory of law and the moral conception of individual rights that underlies it have already made him one of the most influential philosophers working in this area. This is the first publication of these ideas in book form.
Author: Congyan Cai Publisher: Oxford University Press ISBN: 0190073616 Category : Law Languages : en Pages : 344
Book Description
The rise of China signals a new chapter in international relations. How China interacts with the international legal order--namely, how China utilizes international law to facilitate and justify its rise and how international law is relied upon to engage a rising China--has invited growing debate among academics and those in policy circles. Two recent events, the South China Sea Arbitration and the US-China trade war, have deepened tensions. This book, for the first time, provides a systematic and critical elaboration of the interplay between a rising China and international law. Several crucial questions are broached. These include: How has China adjusted its international legal policies as China's state identity changes over time, especially as it becomes a formidable power? Which methodologies has China adopted to comply with international law and, in particular, to achieve its new legal strategy of norm entrepreneurship? How does China organize its domestic institutions to engage international law in order to further its ascendance? How does China use international law at a national level (in the Chinese courts) and at an international level (for example, lawfare in international dispute settlement)? And finally, how should "Chinese exceptionalism" be understood? This book contributes significantly to the burgeoning and highly relevant scholarship on China and international law.
Author: Issachar Rosen-Zvi Publisher: Routledge ISBN: 1351896415 Category : Law Languages : en Pages : 395
Book Description
This perceptive study investigates the different ways in which the state deals with various social groups through the mechanisms of space. By means of case studies involving three social groups within Israel's multicultural society - the Sephardim, the Bedouin-Arab minority and the ultra-Orthodox community of Jerusalem - the different roles played by political space in legal analysis are revealed and analyzed. Issachar Rosen-Zvi then unearths the unifying logic underlying the disparate legal treatment of political space, brought to light by the case studies. The law treats political space differently depending on the social group involved, an attitude that, the author argues, can be traced back to early Zionist thinking. He concludes that a reform of local government law is required, to correct the segregated system of political space and the separate and unequal distribution of political power and economic resources that accompany it.
Author: Maria Aristodemou Publisher: Routledge ISBN: 1134640382 Category : Law Languages : en Pages : 190
Book Description
'I swear to tell the truth, the whole truth, and nothing but the truth' we say in a court of law. 'In a court of law, the truth is precisely what we will not say', says Lacan. ‘If God is dead, everything is permitted’, writes Dostoyevsky. ‘If God is dead, everything is prohibited’, responds Lacan. ‘I think, therefore I am’, reasons Descartes. ‘I am where I do not think’, concludes Lacan. What are we to make of Lacan’s inversions of these mottos? And what are the implications for the legal system if we take them seriously? This book puts the legal subject on the couch and explores the incestuous relationship between law and desire, enjoyment and transgression, freedom and subjection, ethics and atheism. The process of analysis problematizes fundamental tenets of the legal system, leading the patient to rethink long-held beliefs: terms like ‘guilt’ and ‘innocence’, ‘truth’ and ‘lies’, ‘reason’ and ‘reality’, ‘freedom’ and ‘responsibility’, ‘cause’ and ‘punishment’, acquire new and surprising meanings. By the end of these sessions, the patient is left wondering, along with Freud her analyst, whether ‘it is not psychology that deserves the mockery but the procedure of judicial enquiry’. A unique study on the nexus of Law and Psychoanalysis, this book will interest students and scholars of both subjects, as well as general readers looking to explore this perverse and fascinating relationship.
Author: American Bar Association. House of Delegates Publisher: American Bar Association ISBN: 9781590318737 Category : Law Languages : en Pages : 216
Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Ronald Dworkin
Author: Ronald Dworkin
Author: James Goudkamp
Author: James Goudkamp
Author: Ronald Dworkin
Author: Ronald Dworkin
Author: Congyan Cai
Author: Issachar Rosen-Zvi
Author: Maria Aristodemou
Author: Elazar Barkan
Author: American Bar Association. House of Delegates