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Author : William Jones
Publisher :
ISBN 13 :
Total Pages : 148 pages
Book Rating : 4.3/5 (243 download)
Download or read book An Essay on the Law of Bailments written by William Jones and published by . This book was released on 1781 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : John Rohr
Publisher : Routledge
ISBN 13 : 1351449532
Total Pages : 356 pages
Book Rating : 4.3/5 (514 download)
Download or read book Ethics for Bureaucrats written by John Rohr and published by Routledge. This book was released on 2017-12-01 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important text integrates the study of ethics into public management training, highlighting Supreme Court opinions on three specific constitutional values-equality, freedom, and property-focusing on the pedagogical aspects of law and posing challenging questions to help readers apply theories to concrete situations. It includes a case index for further research. Topics of specific interest include abortion, affirmative action, bureaucratic bashing, civil disobedience, the Ethics in Government Act of 1978, the Iran-Contra scandal, moral absolutism, privileged communications, religious fundamentalism, and whistle blowing. The Midwest Review of Pubic Administration lauds it as "...a unique teaching tool."
Author : Michael S. Moore
Publisher : Oxford University Press
ISBN 13 : 0199599513
Total Pages : 635 pages
Book Rating : 4.1/5 (995 download)
Download or read book Causation and Responsibility written by Michael S. Moore and published by Oxford University Press. This book was released on 2010-07-15 with total page 635 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of causation is fundamental to ascribing moral and legal responsibility for events. Yet the relationship between causation and responsibility remains unclear. What precisely is the connection between the concept of causation used in attributing responsibility and the accounts of causal relations offered in the philosophy of science and metaphysics? How much of what we call causal responsibility is in truth defined by non-causal factors? This book argues that much of thelegal doctrine on these questions is confused and incoherent, and offers the first comprehensive attempt since Hart and Honoré to clarify the philosophical background to the legal and moral debates.The book first sets out the place of causation in criminal and tort law and outlines the metaphysics presupposed by the legal doctrine. It then analyses the best theoretical accounts of causation in the philosophy of science and metaphysics, and using these accounts criticises many of the core legal concepts surrounding causation - such as intervening causation, forseeability of harm and complicity. It considers and rejects the radical proposals to eliminate the notion of causation from law byusing risk analysis to attribute responsibility. The result of the analysis is a powerful argument for revising our understanding of the role played by causation in the attribution of legal and moral responsibility.
Author : Frederick Pollock
Publisher :
ISBN 13 :
Total Pages : 268 pages
Book Rating : 4.F/5 ( download)
Download or read book An Essay on Possession in the Common Law written by Frederick Pollock and published by . This book was released on 1888 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Daniel Chipman
Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 1584776366
Total Pages : 226 pages
Book Rating : 4.5/5 (847 download)
Download or read book An Essay on the Law of Contracts written by Daniel Chipman and published by The Lawbook Exchange, Ltd.. This book was released on 2006-03 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reprint of the uncommon first edition. Chipman's Essay was the first original treatise on the subject written in the United States. (Verplanck's An Essay on the Doctrine of Contracts (1825) was the second.) In his Legal Bibliography (1847) Marvin criticized Chipman for "show[ing] what the law of contracts ought to be rather than what the law of contracts is" (189). This remark indicates Marvin's failure to grasp the changing nature of contract law, and it shows that Chipman's ideas were ahead of their time. Indeed, as Horwitz points out, Chipman was the first American to submerge the "dominant equity theory of contract in a conception of contractual obligation based exclusively on express bargains" determined by market values. Chipman [1765-1850] was a Vermont lawyer, a professor of law at Middlebury, a representative to the state legislature and the U.S. Congress and a delegate to several Vermont constitutional conventions.
Author : Keith Culver
Publisher : Oxford University Press
ISBN 13 : 0199708061
Total Pages : 223 pages
Book Rating : 4.1/5 (997 download)
Download or read book Legality's Borders written by Keith Culver and published by Oxford University Press. This book was released on 2010-03-23 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: English-speaking jurisprudence of the last 100 years has devoted considerable attention to questions of identity and continuity. H.L.A. Hart, Joseph Raz, and many others have sought means to identify and distinguish legal from non-legal social situations, and to explain the enduring legality of those typically dynamic social situations. Focus on characterization of legality associated with the state, the most prominent legal phenomena available, has led to an analytical approach dominated by the idea of legal system and analysis of its constituent norms. Yet as far back as Hart's 1961 encounter with international law, the system-focussed approach to legality has experienced moments of self-doubt. From international law to the new legal order of the European Union, to shared governance and overlapping jurisdiction in transboundary areas, what at least appear to be instances of legality are at best weakly explained by approaches which presume the centrality of legal system as the mark and measure of social situations fully worthy of the title of legality. What next, as phenomena threaten to outstrip theory? Legality's Borders: An Essay in General Jurisprudence explains the rudiments of an inter-institutional theory of law, a theory which finds legality in the interaction between legal institutions, whose legality we characterise in terms of the kinds of norms they use rather than their content or system-membership. Prominent forms of legality such as the law-state and international law are then explained as particular forms of complex agglomeration of legal institutions, varying in form and complexity rather than sheer legality. This approach enables a fundamental shift in approach to the problems of identity and continuity of characteristically legal situations in social life: once legality is decoupled from legal system, the patterns of intense mutual reference amongst the legal institutions of the law-state can be seen as one justifiably prominent form of legality amongst others including overlapping forms of legality such as the European Union. Identity over time, on this view, is less a fixed set of characteristics than a history of intense mutual interaction of legal institutions, comparable against similar other agglomerations of legal institutions.
Author : James Boyd White
Publisher : University of Chicago Press
ISBN 13 : 0226894967
Total Pages : 332 pages
Book Rating : 4.2/5 (268 download)
Download or read book Justice as Translation written by James Boyd White and published by University of Chicago Press. This book was released on 1994-10-17 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: White extends his conception of United States law as a constitutive rhetoric shaping American legal culture that he proposed in When Words Lose Their Meaning, and asks how Americans can and should criticize this culture and the texts it creates. In determining if a judicial opinion is good or bad, he explores the possibility of cultural criticism, the nature of conceptual language, the character of economic and legal discourse, and the appropriate expectations for critical and analytic writing. White employs his unique approach by analyzing individual cases involving the Fourth Amendment of the United States constitution and demonstrates how a judge translates the facts and the legal tradition, creating a text that constructs a political and ethical community with its readers. "White has given us not just a novel answer to the traditional jurisprudential questions, but also a new way of reading and evaluating judicial opinions, and thus a new appreciation of the liberty which they continue to protect."—Robin West, Times Literary Supplement "James Boyd White should be nominated for a seat on the Supreme Court, solely on the strength of this book. . . . Justice as Translation is an important work of philosophy, yet it is written in a lucid, friendly style that requires no background in philosophy. It will transform the way you think about law."—Henry Cohen, Federal Bar News & Journal "White calls us to rise above the often deadening and dreary language in which we are taught to write professionally. . . . It is hard to imagine equaling the clarity of eloquence of White's challenge. The apparently effortless grace of his prose conveys complex thoughts with deceptive simplicity."—Elizabeth Mertz, Yale Journal of Law and the Humanities "Justice as Translation, like White's earlier work, provides a refreshing reminder that the humanities, despite the pummelling they have recently endured, can be humane."—Kenneth L. Karst, Michigan Law Review
Author : Jaap Hage
Publisher : Springer Science & Business Media
ISBN 13 : 9401588732
Total Pages : 280 pages
Book Rating : 4.4/5 (15 download)
Download or read book Reasoning with Rules written by Jaap Hage and published by Springer Science & Business Media. This book was released on 2013-04-17 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rule-applying legal arguments are traditionally treated as a kind of syllogism. Such a treatment overlooks the fact that legal principles and rules are not statements which describe the world, but rather means by which humans impose structure on the world. Legal rules create legal consequences, they do not describe them. This has consequences for the logic of rule- and principle-applying arguments, the most important of which may be that such arguments are defeasible. This book offers an extensive analysis of the role of rules and principles in legal reasoning, which focuses on the close relationship between rules, principles, and reasons. Moreover, it describes a logical theory which assigns a central place to the notion of reasons for and against a conclusion, and which is especially suited to deal with rules and principles.
Author : G.C. van Roermund
Publisher : Springer Science & Business Media
ISBN 13 : 9401720517
Total Pages : 270 pages
Book Rating : 4.4/5 (17 download)
Download or read book Law, Narrative and Reality written by G.C. van Roermund and published by Springer Science & Business Media. This book was released on 2013-03-09 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is at odds with the presuppositions behind a received view on law as a systematic solution to social problems in the name of justice. It argues that neither do facts in law represent social reality, nor do norms represent a moral ideal. Representationalism as such, in its various legal guises, is put to the test of what is called here `the interception hypothesis'. Although it is derived from the theory of literature (the theory of narrative) and corroborated by several close reading analyses of legal texts (both decisions and statutory rules), this hypothesis aims, in the first part, at providing an alternative model for the structure and the value of legal knowledge. The second part shows how this knowledge is operative in fundamental concepts like democracy, punishment and (contractual) obligation.
Author : André Laks
Publisher : Princeton University Press
ISBN 13 : 0691233136
Total Pages : 296 pages
Book Rating : 4.6/5 (912 download)
Download or read book Plato's Second Republic written by André Laks and published by Princeton University Press. This book was released on 2022-11-29 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: An argument for why Plato’s Laws can be considered his most important political dialogue In Plato's Second Republic, André Laks argues that the Laws, Plato’s last and longest dialogue, is also his most important political work, surpassing the Republic in historical relevance. Laks offers a thorough reappraisal of this less renowned text, and examines how it provides a critical foundation for the principles of lawmaking. In doing so, he makes clear the tremendous impact the Laws had not only on political philosophy, but also on modern political history. Laks shows how the four central ideas in the Laws—the corruptibility of unchecked power, the rule of law, a “middle” constitution, and the political necessity of legislative preambles—are articulated within an intricate and masterful literary architecture. He reveals how the work develops a theological conception of law anchored in political ideas about a god, divine reason, that is the measure of political order. Laks’s reading opens a complex analysis of the relationships between rulers and citizens; their roles in a political system; the power of reason and persuasion, as opposed to force, in commanding obedience; and the place of freedom. Plato's Second Republic presents a sophisticated reevaluation of a philosophical work that has exerted an enormous if often hidden influence even into the present day.
Author : John DISNEY (Vicar of St. Mary's, Nottingham.)
Publisher :
ISBN 13 :
Total Pages : 262 pages
Book Rating : 4.0/5 (24 download)
Download or read book An Essay upon the execution of the Laws against Immorality and Prophaneness. With a preface address'd to her Majesty's Justices of the Peace. The second edition, enlarged written by John DISNEY (Vicar of St. Mary's, Nottingham.) and published by . This book was released on 1710 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : John Disney
Publisher :
ISBN 13 :
Total Pages : 250 pages
Book Rating : 4.A/5 ( download)
Download or read book An Essay Upon the Execution of the Laws Against Immorality and Prophaneness written by John Disney and published by . This book was released on 1708 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : George P. Fletcher
Publisher : Oxford University Press
ISBN 13 : 0198023499
Total Pages : 224 pages
Book Rating : 4.1/5 (98 download)
Download or read book Loyalty written by George P. Fletcher and published by Oxford University Press. This book was released on 1995-07-13 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: At a time when age-old political structures are crumbling, civil strife abounds, and economic uncertainty permeates the air, loyalty offers us security in our relationships with associates, friends, and family. Yet loyalty is a suspect virtue. It is not impartial. It is not blind. It violates the principles of morality that have dominated Western thought for the last two hundred years. Loyalties are also thought to be irrational and contrary to the spirit of Capitalism. In a free market society, we are encouraged to move to the competition when we are not happy. This way of thinking has invaded our personal relationships and undermined our capacities for friendship and loyalty to those who do not serve our immediate interests. As George P. Fletcher writes, it is time for loyal bonds, born of history and experience, to prevail both over impartial morality and the self-interested thinking of the market trader. In this extended essay, George P. Fletcher offers an account of loyalty that illuminates its role in our relationships with family and friends, our ties to country, and the commitment of the religious to God and their community. Fletcher opposes the traditional view of the moral self as detached from context and history. He argues instead that loyalty, not impartial detachment, should be the central feature of our moral and political lives. Writing as a political "liberal," he claims that a commitment to country is necessary to improve the lot of the poor and disadvantaged. This commitment to country may well require greater reliance on patriotic rituals in education and a reconsideration of the Supreme Court's extending the First Amendment to protect flag burning. Given the worldwide currents of parochialism and political decentralization, the task for us, Fletcher argues, is to renew our commitment to a single nation united in its diversity. Bringing to bear his expertise as a law professor, Fletcher reasons that the legal systems should defer to existing relationships of loyalty. Familial, professional, and religious loyalties should be respected as relationships beyond the limits of the law. Thus surrogate mothers should not be forced to surrender and betray their children, spouses should not be required to testify against each other in court, parents should not be prevented from willing their property to their children, and the religiously committed should not be forced to act contrary to conscience. Yet the question remains: Aren't loyalty, and particularly patriotism, dangerously one-sided? Indeed, they are, but no more than are love and friendship. The challenge, Fletcher maintains, is to overcome the distorting effects of impartial morality and to develop a morality of loyalty properly suited to our emotional and spiritual lives. Justice has its sphere, as do loyalties. In this book, Fletcher provides the first step toward a new way of thinking that recognizes the complexity of our moral and political lives.
Author : Brinton Coxe
Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 1584775343
Total Pages : 434 pages
Book Rating : 4.5/5 (847 download)
Download or read book An Essay on Judicial Power and Unconstitutional Legislation written by Brinton Coxe and published by The Lawbook Exchange, Ltd.. This book was released on 2005 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: Coxe's main argument is that the "Constitution contains express texts providing for judicial competency to decide questioned legislation to be constitutional or unconstitutional and to hold it valid or void accordingly" (4). There are four subordinate arguments: First, that the framers of the constitution specifically granted the courts the power to hold a law unconstitutional by dint of the Supremacy Clause and by Article III, Section 2 defining judicial power. Second, that documents written before the constitution were influential in framing the text and establishing the idea of judicial review. The third looks at the era before and during the confederation with an eye toward the court's power to rule on constitutionality. The fourth argument finds analogies and precedents in foreign law, including Roman and Canon law.
Author : Larry Laudan
Publisher : Cambridge University Press
ISBN 13 : 113945708X
Total Pages : 235 pages
Book Rating : 4.1/5 (394 download)
Download or read book Truth, Error, and Criminal Law written by Larry Laudan and published by Cambridge University Press. This book was released on 2006-06-05 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beginning with the premise that the principal function of a criminal trial is to find out the truth about a crime, Larry Laudan examines the rules of evidence and procedure that would be appropriate if the discovery of the truth were, as higher courts routinely claim, the overriding aim of the criminal justice system. Laudan mounts a systematic critique of existing rules and procedures that are obstacles to that quest. He also examines issues of error distribution by offering the first integrated analysis of the various mechanisms - the standard of proof, the benefit of the doubt, the presumption of innocence and the burden of proof - for implementing society's view about the relative importance of the errors that can occur in a trial.
Author : John C. Dernbach
Publisher : Aspen Publishing
ISBN 13 : 1454848464
Total Pages : 148 pages
Book Rating : 4.4/5 (548 download)
Download or read book Writing Essay Exams to Succeed in Law School written by John C. Dernbach and published by Aspen Publishing. This book was released on 2014-10-30 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ancillary purchase book appropriate for incoming and first - year law students, law students in academic support programs, pre - law students, and graduates studying for the bar exam. Features: The student answer to the Hayakawa problem in Chapter 4 is now annotated to show key features, such as explanations of rules, explanation of elements, application of sub-elements to facts, and conclusions An all-new Chapter 8 explains how exams are like the real practice of law
Author : Mahnoush H. Arsanjani
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004173617
Total Pages : 1119 pages
Book Rating : 4.0/5 (41 download)
Download or read book Looking to the Future written by Mahnoush H. Arsanjani and published by Martinus Nijhoff Publishers. This book was released on 2010-10-25 with total page 1119 pages. Available in PDF, EPUB and Kindle. Book excerpt: Throughout his career, Michael Reisman emphasized law’s function in shaping the future. In this wide-ranging collection of essays, major thinkers in the international legal field address the goals of the twenty-first century and how international law can address the needs of the world community.
