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Author: Alon Harel Publisher: Oxford University Press (UK) ISBN: 019964327X Category : Law Languages : en Pages : 253
Book Description
Why Law Matters argues that public institutions and legal procedures are valuable and matter as such, irrespective of their instrumental value. Examining the value of rights, public institutions, and constitutional review, the book criticises instrumentalist approaches in political theory, claiming they fail to account for their enduring appeal.
Author: Alon Harel Publisher: Oxford University Press (UK) ISBN: 019964327X Category : Law Languages : en Pages : 253
Book Description
Why Law Matters argues that public institutions and legal procedures are valuable and matter as such, irrespective of their instrumental value. Examining the value of rights, public institutions, and constitutional review, the book criticises instrumentalist approaches in political theory, claiming they fail to account for their enduring appeal.
Author: Brendan Tobin Publisher: Routledge ISBN: 1317697545 Category : Law Languages : en Pages : 325
Book Description
This highly original work demonstrates the fundamental role of customary law for the realization of Indigenous peoples’ human rights and for sound national and international legal governance. The book reviews the legal status of customary law and its relationship with positive and natural law from the time of Plato up to the present. It examines its growing recognition in constitutional and international law and its dependence on and at times strained relationship with human rights law. The author analyzes the role of customary law in tribal, national and international governance of Indigenous peoples’ lands, resources and cultural heritage. He explores the challenges and opportunities for its recognition by courts and alternative dispute resolution mechanisms, including issues of proof of law and conflicts between customary practices and human rights. He throws light on the richness inherent in legal diversity and key principles of customary law and their influence in legal practice and on emerging notions of intercultural equity and justice. He concludes that Indigenous peoples’ rights to their customary legal regimes and states’ obligations to respect and recognize customary law, in order to secure their human rights, are principles of international customary law, and as such binding on all states. At a time when the self-determination, land, resources and cultural heritage of Indigenous peoples are increasingly under threat, this accessible book presents the key issues for both legal and non-legal scholars, practitioners, students of human rights and environmental justice, and Indigenous peoples themselves.
Author: Jack M. Beermann Publisher: Aspen Publishing ISBN: 1543823165 Category : Law Languages : en Pages : 416
Book Description
With dynamic learning features and visual aids, the Inside Series helps you make the most of your study time, throughout the semester and as you prepare for the final. Unlike heavily abridged treatises, the Inside Series is carefully written in a concise, straightforward style that clearly identifies the essential components of the law and how they fit together. You can quickly learn what is important and why. Overviews and Tables of Contents in each chapter act as a roadmap to guide you through topics, showing you how each relates to the larger legal framework. FAQs clarify points of law and help you avoid common mistakes and misconceptions. Sidebars give fascinating additional detail from legal history, policy, famous cases and more. The graphic design supports your visual learning, and features such as bolded key terms, summaries, and Connections help reinforce your understanding while giving you ample opportunity for self-review. Surprisingly concise, visually compelling, the Inside Series is extremely useful throughout the semester to help you identify the essential components of the law and how they fit together. Comprehensive coverage of the essential topics emphasizes what you need to know and why. Clear, straightforward, informal writing explains every topic for you without over-simplifying the concepts. Overviews and Tables of Contents in each chapter act as a roadmap to guide you through topics, showing you why each matters and how it fits into the larger framework of the law. FAQs clarify points of law and help you avoid common mistakes and misconceptions. Sidebars enrich the text with fascinating detail from legal history, policy, famous cases and more. Bolded key terms, Connections and summaries reinforce your understanding and give you ample opportunity for self-review. The overall graphical design of the series supports your visual learning.
Author: Guillermo O'Donnell Publisher: University of Notre Dame Pess ISBN: 0268160678 Category : Political Science Languages : en Pages : 281
Book Description
In 1996, Guillermo O’Donnell taught a seminar at the University of Notre Dame on democratic theory. One of the questions explored in this class was whether it is possible to define and determine the “quality” of democracy. Jorge Vargas Cullell, a student in this course, returned to his native country of Costa Rica, formed a small research team, and secured funding for undertaking a “citizen audit” of the quality of democracy in Costa Rica. This pathbreaking volume contains O’Donnell’s qualitative theoretical study of the quality of democracy and Vargas Cullell’s description and analysis of the empirical data he gathered on the quality of democracy in Costa Rica. It also includes twelve short, scholarly reflections on the O’Donnell and Cullell essays. The primary goal of this collection is to present the rationale and methodology for implementing a citizen audit of democracy. This book is an expression of a growing concern among policy experts and academics that the recent emergence of numerous democratic regimes, particularly in Latin America, cannot conceal the sobering fact that the efficacy and impact of these new governments vary widely. These variations, which range from acceptable to dismal, have serious consequences for the people of Latin America, many of whom have received few if any benefits from democratization. Attempts to gauge the quality of particular democracies are therefore not only fascinating intellectual exercises but may also be useful practical guides for improving both old and new democracies. This book will make important strides in addressing the increasing practical and academic concerns about the quality of democracy. It will be required reading for political scientists, policy analysts, and Latin Americanists.
Author: Frank M. McClellan Publisher: Rutgers University Press ISBN: 1978802978 Category : Law Languages : en Pages : 203
Book Description
The individual and structural biases that affect the American healthcare system have serious emotional and physical consequences that all too often go unseen. These biases are often rooted in power, class, racial, gender or sexual orientation prejudices, and as a result, the injured parties usually lack the resources needed to protect themselves. In Healthcare and Human Dignity, individual worth, equality, and autonomy emerge as the dominant values at stake in encounters with doctors, nurses, hospitals, and drug companies. Although the public is aware of legal battles over autonomy and dignity in the context of death, the everyday patient’s need for dignity has received scant attention. Thus, in Healthcare, law professor Frank McClellan’s collection of cases and individual experiences bring these stories to life and establish beyond doubt that human dignity is of utmost priority in the everyday process of healthcare decision making.
Author: Amanda Whiting Publisher: Melbourne Univ. Publishing ISBN: 0522877141 Category : Law Languages : en Pages : 294
Book Description
As a field of study, legal history has an unsteady place in Australian law schools yet academic research and writing in the field of legal history and at the intersections of the disciplines of ‘law’ and ‘history’ is undergoing something of a renaissance, with rich and vibrant new works regularly appearing in specialist journals and scholarly monographs. This collection seeks to reinvigorate the study of history within the law school curriculum, by showcasing what students of the law can achieve when, addressing topics from the use of Magna Carta as history and precedent in sixteenth-century England to the political manoeuvres behind the failed impeachment of President Bill Clinton in late twentieth-century America, they seek to understand legal processes and institutions historically. The volume comprises outstanding legal history papers authored by graduate (final year JD) students in the Melbourne Law School. This collection is dedicated to two women who championed the teaching of legal history at the Melbourne Law School in the 1960s—Dr Ruth Campbell and Mrs Betty Hayes.
Author: Helena Kennedy Publisher: Random House ISBN: 1446475832 Category : Law Languages : en Pages : 352
Book Description
Acute, questioning, humane and passionately concerned for justice, Helena Kennedy is one of the most powerful voices in legal circles in Britain today. Here she roundly challenges the record of modern governments over the fundamental values of equality, fairness and respect for human dignity. She argues that in the last twenty years we have seen a steady erosion of civil liberties, culminating today in extraordinary legislation, which undermines long established freedoms. Are these moves a crude political response to demands for law and order? Or is the relationship between citizens and the state being covertly reframed and redefined?
Author: Seana Valentine Shiffrin Publisher: Princeton University Press ISBN: 0691173613 Category : Philosophy Languages : en Pages : 249
Book Description
To understand one another as individuals and to fulfill the moral duties that require such understanding, we must communicate with each other. We must also maintain protected channels that render reliable communication possible, a demand that, Seana Shiffrin argues, yields a prohibition against lying and requires protection for free speech. This book makes a distinctive philosophical argument for the wrong of the lie and provides an original account of its difference from the wrong of deception. Drawing on legal as well as philosophical arguments, the book defends a series of notable claims—that you may not lie about everything to the "murderer at the door," that you have reasons to keep promises offered under duress, that lies are not protected by free speech, that police subvert their mission when they lie to suspects, and that scholars undermine their goals when they lie to research subjects. Many philosophers start to craft moral exceptions to demands for sincerity and fidelity when they confront wrongdoers, the pressures of non-ideal circumstances, or the achievement of morally substantial ends. But Shiffrin consistently resists this sort of exceptionalism, arguing that maintaining a strong basis for trust and reliable communication through practices of sincerity, fidelity, and respecting free speech is an essential aspect of ensuring the conditions for moral progress, including our rehabilitation of and moral reconciliation with wrongdoers.
Author: Mark Tushnet Publisher: Yale University Press ISBN: 0300165358 Category : Law Languages : en Pages : 143
Book Description
A major legal scholar presents an empowering reassessment of our nation’s most essential document In this surprising and highly unconventional work, Harvard law professor Mark Tushnet poses a seemingly simple question that yields a thoroughly unexpected answer. The Constitution matters, he argues, not because it structures our government but because it structures our politics. He maintains that politicians and political parties—not Supreme Court decisions—are the true engines of constitutional change in our system. This message will empower all citizens who use direct political action to define and protect our rights and liberties as Americans. Unlike legal scholars who consider the Constitution only as a blueprint for American democracy, Tushnet focuses on the ways it serves as a framework for political debate. Each branch of government draws substantive inspiration and procedural structure from the Constitution but can effect change only when there is the political will to carry it out. Tushnet’s political understanding of the Constitution therefore does not demand that citizens pore over the specifics of each Supreme Court decision in order to improve our nation. Instead, by providing key facts about Congress, the president, and the nature of the current constitutional regime, his book reveals not only why the Constitution matters to each of us but also, and perhaps more important, how it matters.
Author: Alon Harel
Author: Alon Harel
Author: Brendan Tobin
Author: Jack M. Beermann
Author: Guillermo O'Donnell
Author: Frank M. McClellan
Author: Amanda Whiting
Author: Helena Kennedy
Author: Susan Haack
Author: Seana Valentine Shiffrin
Author: Mark Tushnet