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Author : Stephen R. Munzer
Publisher :
ISBN 13 :
Total Pages : 56 pages
Book Rating : 4.:/5 (431 download)
Download or read book A Theory of Retroactive Legislation written by Stephen R. Munzer and published by . This book was released on 1982 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Daniel E. Troy
Publisher : A E I Press
ISBN 13 :
Total Pages : 152 pages
Book Rating : 4.3/5 (91 download)
Download or read book Retroactive Legislation written by Daniel E. Troy and published by A E I Press. This book was released on 1998 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book finds that political and procedural mechanisms needed to ensure settled, investment-backed expectations are upset only after consideration and when a political consensus exists.
Author : Ben Juratowitch
Publisher : Bloomsbury Publishing
ISBN 13 : 1847314104
Total Pages : 270 pages
Book Rating : 4.8/5 (473 download)
Download or read book Retroactivity and the Common Law written by Ben Juratowitch and published by Bloomsbury Publishing. This book was released on 2008-02-15 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the common law's approach to retroactivity. The central claim is that when a court considers whether to develop or change a common law rule the retroactive effect of doing so should explicitly be considered and, informed by the common law's approach to statutory construction, presumptively be resisted. As a platform for this claim a definition of 'retroactivity' is established and a review of the history of retroactivity in the common law is provided. It is then argued that certainty, particularly in the form of an ability to rely on the law, and a conception of negative liberty, constitute rationales for a general presumption against retroactivity at a level of abstraction applicable both to the construction of statutes and to developing or changing common law rules. The presumption against retroactivity in the construction of statutes is analysed, and one conclusion reached is that the presumption is a principle of the common law independent of legislative intent. Across private, public and criminal law, the retroactive effect of judicial decisions that develop or change common law rules is then considered in detail. 'Prospective overruling' is examined as a potential means to control the retroactive effect of some judicial decisions, but it is argued that prospective overruling should be regarded as constitutionally impermissible. The book is primarily concerned with English and Australian law, although cases from other common law jurisdictions, particularly Canada and New Zealand, are also discussed. The conclusion is that in statutory construction and the adjudication of common law rules there should be a consistently strong presumption against retroactivity, motivated by the common law's concern for certainty and liberty, and defeasible only to strong reasons. 'Ben Juratowitch not only gives an account of the operation of the presumption, but also teases out the policies which underlie the different rules. This is particularly welcome. Lawyers and judges often seem less than sure-footed when confronted by questions in this field. By giving us an insight into the policies, the author provides a basis for more satisfactory decision-making in the future. ...The author not only discusses the recent cases but examines the question in the light of authority in other Commonwealth jurisdictions and with due regard to the more theoretical literature. This is a valuable contribution to what is an important current debate in the law. Happily, Ben Juratowitch has succeeded in making his study not only useful, but interesting and enjoyable.' From the Foreword by Lord Rodger of Earlsferry
Author : William Pratt Wade
Publisher :
ISBN 13 :
Total Pages : 454 pages
Book Rating : 4.F/5 ( download)
Download or read book A Treatise on the Operation and Construction of Retroactive Laws written by William Pratt Wade and published by . This book was released on 1880 with total page 454 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Melvin R.T. Pauwels
Publisher :
ISBN 13 :
Total Pages : 22 pages
Book Rating : 4.:/5 (13 download)
Download or read book Retroactive and Retrospective Tax Legislation written by Melvin R.T. Pauwels and published by . This book was released on 2016 with total page 22 pages. Available in PDF, EPUB and Kindle. Book excerpt: The principle of legal certainty is a fundamental principle of law. Citizens, taxpayers, should in general be allowed to rely on the legislation in force to plan their conduct and transactions. The government, including the legislator, should respect the principle of legal certainty. However, it is beyond discussion that the legislator should be able to change its legislation, including tax legislation. A change in legislation could, however, infringe taxpayers' expectations raised by the existing legislation. This could especially be the case if the legislator decides that the amended legislation is applicable to past tax periods (the change has 'retroactive effect'). But also if the amended legislation has 'immediate effect' -- without 'grandfathering' -- and therefore only applies to future taxable events or tax periods, taxpayers' expectations could be at stake. Then, the changed legislation also applies to future effects of a situation that arose under the old legislation (the change has 'retrospective effect'). The above in a nutshell is the problem which the tax legislator has to deal with when changing legislation. How should the tax legislator act, taking into account the colliding interests? Which method should the legislature apply in determining to what extent retroactivity and/or retrospectivity are acceptable when enacting tax legislation? How should be dealt with 'legitimate expectations'; and what are 'legitimate expectations'? This publication in English presents the main lines of the framework that the author developed and which is grounded on a principle-based approach (using amongst others ideas of the German legal philosopher Radbruch). The framework was presented earlier more extensively in the author's PhD dissertation (which is in Dutch).
Author : Steven D. Smith
Publisher : Harvard University Press
ISBN 13 : 0674043820
Total Pages : 223 pages
Book Rating : 4.6/5 (74 download)
Download or read book Law’s Quandary written by Steven D. Smith and published by Harvard University Press. This book was released on 2009-07-01 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: This lively book reassesses a century of jurisprudential thought from a fresh perspective, and points to a malaise that currently afflicts not only legal theory but law in general. Steven Smith argues that our legal vocabulary and methods of reasoning presuppose classical ontological commitments that were explicitly articulated by thinkers from Aquinas to Coke to Blackstone, and even by Joseph Story. But these commitments are out of sync with the world view that prevails today in academic and professional thinking. So our law-talk thus degenerates into "just words"--or a kind of nonsense. The diagnosis is similar to that offered by Holmes, the Legal Realists, and other critics over the past century, except that these critics assumed that the older ontological commitments were dead, or at least on their way to extinction; so their aim was to purge legal discourse of what they saw as an archaic and fading metaphysics. Smith's argument starts with essentially the same metaphysical predicament but moves in the opposite direction. Instead of avoiding or marginalizing the "ultimate questions," he argues that we need to face up to them and consider their implications for law.
Author : Cass R. Sunstein
Publisher : Harvard University Press
ISBN 13 : 0674247531
Total Pages : 209 pages
Book Rating : 4.6/5 (742 download)
Download or read book Law and Leviathan written by Cass R. Sunstein and published by Harvard University Press. This book was released on 2020-09-15 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: From two legal luminaries, a highly original framework for restoring confidence in a government bureaucracy increasingly derided as “the deep state.” Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? Intolerable? American public law has long been riven by a persistent, serious conflict, a kind of low-grade cold war, over these questions. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed, as long as public officials are constrained by what they call the morality of administrative law. Law and Leviathan elaborates a number of principles that underlie this moral regime. Officials who respect that morality never fail to make rules in the first place. They ensure transparency, so that people are made aware of the rules with which they must comply. They never abuse retroactivity, so that people can rely on current rules, which are not under constant threat of change. They make rules that are understandable and avoid issuing rules that contradict each other. These principles may seem simple, but they have a great deal of power. Already, without explicit enunciation, they limit the activities of administrative agencies every day. But we can aspire for better. In more robust form, these principles could address many of the concerns that have critics of the administrative state mourning what they see as the demise of the rule of law. The bureaucratic Leviathan may be an inescapable reality of complex modern democracies, but Sunstein and Vermeule show how we can at last make peace between those who accept its necessity and those who yearn for its downfall.
Author : Stephen Gardbaum
Publisher : Cambridge University Press
ISBN 13 : 1107009286
Total Pages : 275 pages
Book Rating : 4.1/5 (7 download)
Download or read book The New Commonwealth Model of Constitutionalism written by Stephen Gardbaum and published by Cambridge University Press. This book was released on 2013-01-03 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: Stephen Gardbaum proposes and examines a new way of protecting rights in a democracy.
Author : Benjamin Nathan Cardozo
Publisher :
ISBN 13 :
Total Pages : 168 pages
Book Rating : 4.3/5 (512 download)
Download or read book The Growth of the Law written by Benjamin Nathan Cardozo and published by . This book was released on 1924 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Jerome Hall
Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 1584774983
Total Pages : 656 pages
Book Rating : 4.5/5 (847 download)
Download or read book General Principles of Criminal Law written by Jerome Hall and published by The Lawbook Exchange, Ltd.. This book was released on 2010 with total page 656 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Most Important Treatise on Criminal Law Produced by American Legal Scholarship" First published to great acclaim in 1947, Hall's General Principles of Criminal Law is one of the undisputed classics in its field. It provides more than a broad overview. Drawing on his expertise in jurisprudence and the work of the legal realists, it analyzes the principles that comprise criminal activity with an emphasis on its creation and definition by officials. This process is explored in the chapters on criminology, criminal theory and penal theory and, in more specific terms, the chapters on legality, mens rea, harm, causation, punishment, strict liability, ignorance and mistake, necessity and coercion, mental disease, intoxication and criminal attempt. "For many years, our standard work on criminal law has been Bishop's. First published in 1856, Bishop's is the only American book in the field that has conspicuously influenced our criminal law. (...) When Jerome Hall's, General Principles of Criminal Law (1947) appeared, it represented the first significant effort to articulate the principles of criminal law since Bishop's era. Hall's work may, in fact, represent the most important treatise on criminal law produced by American legal scholarship." --Fred Cohen, Journal of Legal Education 16 (1963-64) 260.
Author : Alan Paterson
Publisher :
ISBN 13 :
Total Pages : 308 pages
Book Rating : 4.:/5 (41 download)
Download or read book The Law Lords written by Alan Paterson and published by . This book was released on 1982 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Stephen R. Munzer
Publisher : Cambridge University Press
ISBN 13 : 9780521378864
Total Pages : 508 pages
Book Rating : 4.3/5 (788 download)
Download or read book A Theory of Property written by Stephen R. Munzer and published by Cambridge University Press. This book was released on 1990-01-26 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book represents a major new statement on the issue of property rights. It argues for the justification of some rights of private property while showing why unequal distributions of private property are indefensible.
Author : H. L. A. Hart
Publisher : Stanford University Press
ISBN 13 : 9780804701549
Total Pages : 100 pages
Book Rating : 4.7/5 (15 download)
Download or read book Law, Liberty, and Morality written by H. L. A. Hart and published by Stanford University Press. This book was released on 1963 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt: This incisive book deals with the use of the criminal law to enforce morality, in particular sexual morality, a subject of particular interest and importance since the publication of the Wolfenden Report in 1957. Professor Hart first considers John Stuart Mill's famous declaration: "The only purpose for which power can be rightfully exercised over any member of a civilized community is to prevent harm to others." During the last hundred years this doctrine has twice been sharply challenged by two great lawyers: Sir James Fitzjames Stephen, the great Victorian judge and historian of the common law, and Lord Devlin, who both argue that the use of the criminal law to enforce morality is justified. The author examines their arguments in some detail, and sets out to demonstrate that they fail to recognize distinction of vital importance for legal and political theory, and that they espouse a conception of the function of legal punishment that few would now share.
Author : Lon Luvois Fuller
Publisher :
ISBN 13 : 9788175341630
Total Pages : 0 pages
Book Rating : 4.3/5 (416 download)
Download or read book The Morality of Law written by Lon Luvois Fuller and published by . This book was released on 2004 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Gillian MacNeil
Publisher : Springer Nature
ISBN 13 : 9462654433
Total Pages : 196 pages
Book Rating : 4.4/5 (626 download)
Download or read book Legality Matters written by Gillian MacNeil and published by Springer Nature. This book was released on 2021-03-16 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the way international criminal courts and tribunals have interpreted the crimes against humanity proscription of other inhumane acts. This clause is consistently used in spite of the long list of more specific offences forbidden as crimes against humanity. The volume proposes that the current approach is based on a misunderstanding of the nature of the clause. Properly understood, the clause is an invitation to courts to create and apply retroactive criminal laws. This leads to a problem. A prohibition on the use of retroactive criminal laws, one which admits no exceptions, is deeply embedded in international law. The author argues that it is time to revisit the assumption that retroactive criminal laws can never be deployed in a fair legal system. Drawing lessons from an exploration on the way the prohibition on retroactive laws is applied in practice, she proposes a new framework for understanding the clause proscribing the commission of other inhumane acts. This book will be of relevance to anyone interested in international criminal law or criminal law theory. Gillian MacNeil is Assistant Professor at Robson Hall, the Faculty of Law of the University of Manitoba in Winnipeg, Canada.
Author : Jack Donnelly
Publisher : Cornell University Press
ISBN 13 : 9780801487767
Total Pages : 308 pages
Book Rating : 4.4/5 (877 download)
Download or read book Universal Human Rights in Theory and Practice written by Jack Donnelly and published by Cornell University Press. This book was released on 2003 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: (unseen), $12.95. Donnelly explicates and defends an account of human rights as universal rights. Considering the competing claims of the universality, particularity, and relativity of human rights, he argues that the historical contingency and particularity of human rights is completely compatible with a conception of human rights as universal moral rights, and thus does not require the acceptance of claims of cultural relativism. The book moves between theoretical argument and historical practice. Rigorous and tightly-reasoned, material and perspectives from many disciplines are incorporated. Paper edition Annotation copyrighted by Book News, Inc., Portland, OR
Author : Jerry L. Mashaw
Publisher : Yale University Press
ISBN 13 : 9780300034035
Total Pages : 260 pages
Book Rating : 4.0/5 (34 download)
Download or read book Bureaucratic Justice written by Jerry L. Mashaw and published by Yale University Press. This book was released on 1983-01-01 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Anyone interested in 'good government' should read Jerry Mashaw's new book on how the social Security Administration implements congressionally mandated policy for controlled consistent distribution of disability benefits. . . . He offers an important perspective on bureaucracy that must be considered when devising procedures for not only disability determinations but also other forms of administrative adjudication.--Linda A. O'Hare, American Bar Association Journal A major contribution to the ongoing debate about administrative law and mass justice.--Lance Liebman and Richard B. Stewart, Harvard Law Review Profound implications for the future of democratic government. . . . Practical, analytical policymaking for a complex decision system of great significance to many Americans.--Paul R. Verkuil, Yale Law Journal An exceptionally valuable book for anyone who is concerned about the role of law in the administrative state. Mashaw manages to range broadly without becoming superficial, and to present a coherent and challenging theory in lively, readable prose. Bureaucratic Justice seems certain to become a standard reference work for administrative lawyers, and for anyone else who seeks the elusive goal of developing more humane and more effective public bureaucracies.--Barry Boyer, Michigan Law Review Strongly recommended for use in graduate seminars in public policy or law. . . . If we are to develop a positive model of bureaucratic competence, we must answer the insightful questions rased in this cogent book.--David L. Martin, American Political Science Review Mashaw provides an excellent analysis of middle range processes of decision making.--Gerald Turkel, Qualitative Sociology Stimulating and provocative and . . . makes a contribution to the ongoing dialogue about due process in public administration.... It is tightly organized, cogently argued, and full of pithy historical illustrations. . . . One of the best such works in many years. --Annals of the American Academy of Political and Social Science A thoughtful, challenging, and very useful book.--Choice Inspires a new direction in administrative law scholarship.--A.I. Ogus, Oxford Journal of Legal Studies
