Law’s Quandary

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Publisher : Harvard University Press
ISBN 13 : 0674043820
Total Pages : 223 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Law’s Quandary by : Steven D. Smith

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.

Law School

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Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 1584771992
Total Pages : 352 pages
Book Rating : 4.5/5 (847 download)

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Book Synopsis Law School by : Robert Bocking Stevens

Download or read book Law School written by Robert Bocking Stevens and published by The Lawbook Exchange, Ltd.. This book was released on 2001 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comprehensive history of American legal education. Originally published: Chapel Hill: The University of North Carolina Press, [1983]. xvi, 334 pp. Law School: Legal Education in America from the 1850s to the 1980s examines legal education and its impact on the legal profession and the society it serves. This highly lauded work won a Certificate of Merit from the American Bar Association upon its original publication. Stevens' distinguished career in education and law includes his eight years as Master of Pembroke College, Oxford, seventeen-year term as professor of law at Yale University and nine-year term as president of Haverford College. Well-annotated and indexed, with a thorough bibliography. "the most comprehensive treatment of the subject." --LAWRENCE M. FRIEDMAN A History of American Law, Third Edition (2005) 589

The Catholic University Law School and Law Library

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Publisher :
ISBN 13 :
Total Pages : 30 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis The Catholic University Law School and Law Library by : Thomas Charles Carrigan

Download or read book The Catholic University Law School and Law Library written by Thomas Charles Carrigan and published by . This book was released on 1918 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Morality of Consent

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Publisher : Yale University Press
ISBN 13 : 9780300021196
Total Pages : 174 pages
Book Rating : 4.0/5 (211 download)

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Book Synopsis The Morality of Consent by : Alexander M. Bickel

Download or read book The Morality of Consent written by Alexander M. Bickel and published by Yale University Press. This book was released on 1975-01-01 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contrasts liberal views in the tradition of John Locke with conservative Whig attitudes as personified by Edmund Burke in a consideration of moral duty and civil disobedience

The Glorious Revolution and the Continuity of Law

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Publisher : CUA Press
ISBN 13 : 0813226872
Total Pages : 320 pages
Book Rating : 4.8/5 (132 download)

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Book Synopsis The Glorious Revolution and the Continuity of Law by : Richard S. Kay

Download or read book The Glorious Revolution and the Continuity of Law written by Richard S. Kay and published by CUA Press. This book was released on 2014-11-10 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Glorious Revolution and the Continuity of Law explores the relationship between law and revolution. Revolt - armed or not - is often viewed as the overthrow of legitimate rulers. Historical experience, however, shows that revolutions are frequently accompanied by the invocation rather than the repudiation of law. No example is clearer than that of the Glorious Revolution of 1688-89. At that time the unpopular but lawful Catholic king, James II, lost his throne and was replaced by his Protestant son-in-law and daughter, William of Orange and Mary, with James's attempt to recapture the throne thwarted at the Battle of the Boyne in Ireland. The revolutionaries had to negotiate two contradictory but intensely held convictions. The first was that the essential role of law in defining and regulating the activity of the state must be maintained. The second was that constitutional arrangements to limit the unilateral authority of the monarch and preserve an indispensable role for the houses of parliament in public decision-making had to be established. In the circumstances of 1688-89, the revolutionaries could not be faithful to the second without betraying the first. Their attempts to reconcile these conflicting objectives involved the frequent employment of legal rhetoric to justify their actions. In so doing, they necessarily used the word "law" in different ways. It could denote the specific rules of positive law; it could simply express devotion to the large political and social values that underlay the legal system; or it could do something in between. In 1688-89 it meant all those things to different participants at different times. This study adds a new dimension to the literature of the Glorious Revolution by describing, analyzing and elaborating this central paradox: the revolutionaries tried to break the rules of the constitution and, at the same time, be true to them.

The Problems of Jurisprudence

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Publisher : Harvard University Press
ISBN 13 : 9780674708761
Total Pages : 524 pages
Book Rating : 4.7/5 (87 download)

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Book Synopsis The Problems of Jurisprudence by : Richard A. Posner

Download or read book The Problems of Jurisprudence written by Richard A. Posner and published by Harvard University Press. This book was released on 1990 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Richard A. Posner examines how judges go about making difficult decisions. Posner argues that they cannot rely on either logic or science, but must fall back on a grab bag of informal methods of reasoning that owe less than one might think to legal training and experience. -- Adapted from Amazon.com summary.

Beyond the Formalist-Realist Divide

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Publisher : Princeton University Press
ISBN 13 : 1400831989
Total Pages : 265 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Beyond the Formalist-Realist Divide by : Brian Z. Tamanaha

Download or read book Beyond the Formalist-Realist Divide written by Brian Z. Tamanaha and published by Princeton University Press. This book was released on 2009-10-26 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: According to conventional wisdom in American legal culture, the 1870s to 1920s was the age of legal formalism, when judges believed that the law was autonomous and logically ordered, and that they mechanically deduced right answers in cases. In the 1920s and 1930s, the story continues, the legal realists discredited this view by demonstrating that the law is marked by gaps and contradictions, arguing that judges construct legal justifications to support desired outcomes. This often-repeated historical account is virtually taken for granted today, and continues to shape understandings about judging. In this groundbreaking book, esteemed legal theorist Brian Tamanaha thoroughly debunks the formalist-realist divide. Drawing from extensive research into the writings of judges and scholars, Tamanaha shows how, over the past century and a half, jurists have regularly expressed a balanced view of judging that acknowledges the limitations of law and of judges, yet recognizes that judges can and do render rule-bound decisions. He reveals how the story about the formalist age was an invention of politically motivated critics of the courts, and how it has led to significant misunderstandings about legal realism. Beyond the Formalist-Realist Divide traces how this false tale has distorted studies of judging by political scientists and debates among legal theorists. Recovering a balanced realism about judging, this book fundamentally rewrites legal history and offers a fresh perspective for theorists, judges, and practitioners of law.

A Catechism for Business

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Publisher : CUA Press
ISBN 13 : 0813228840
Total Pages : 185 pages
Book Rating : 4.8/5 (132 download)

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Book Synopsis A Catechism for Business by : Andrew V. Abela

Download or read book A Catechism for Business written by Andrew V. Abela and published by CUA Press. This book was released on 2016-07-29 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: Revised edition of A catechism for business, 2014.

Catholic School Leadership

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Publisher : IAP
ISBN 13 : 1681232731
Total Pages : 216 pages
Book Rating : 4.6/5 (812 download)

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Book Synopsis Catholic School Leadership by : Anthony J. Dosen

Download or read book Catholic School Leadership written by Anthony J. Dosen and published by IAP. This book was released on 2016-01-01 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The administration of Pre K – 12 Catholic schools becomes more challenging each year. Catholic school leaders not only have the daunting task of leading a successful learning organization, but also to serve as the school community’s spiritual leader and the vigilant steward who keeps the budget balanced, the building clean, and maintaining a healthy enrollment in the school. Each of these tasks can be a full time job, yet the Catholic school principal takes on these tasks day after day, year after year, so that teachers may teach as Jesus did. The goal of this book is to provide both beginning and seasoned Catholic school leaders with some insights that might help them to meet these challenges with a sense of confidence. The words in this text provide research?based approaches for dealing with issues of practice, especially those tasks that are not ordinarily taught in educational leadership programs. This text helps to make sense of the pastoral side of Catholic education, in terms of structures, mission, identity, curriculum, and relationships with the principal’s varied constituencies. It also provides some insights into enrollment management issues, finances and development, and the day in day out care of the organization and its home, the school building. As a Catholic school leader, each must remember that the Catholic school is not just another educational option. The Catholic school has a rich history and an important mission. Historically, education of the young goes back to the monastic and cathedral schools of the Middle Ages. In the United States, Catholic schools developed as a response to anti?Catholic bias that was rampant during the nineteenth century. Catholic schools developed to move their immigrant and first generation American youth from the Catholic ghetto to successful careers and lives in the American mainstream. However, most importantly, Catholic schools have brought Christ to generations of youngsters. It remains the continuing call of the Catholic school to be a center of Evangelization—a place where Gospel values live in the lives of faculty, students and parents. This text attempts to integrate the unique challenges of the instructional leader of the institution with the historical and theological underpinnings of contemporary Catholic education.

Justice Without Law?

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Author :
Publisher : Oxford University Press, USA
ISBN 13 :
Total Pages : 216 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Justice Without Law? by : Jerold S. Auerbach

Download or read book Justice Without Law? written by Jerold S. Auerbach and published by Oxford University Press, USA. This book was released on 1983 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination of various types of litigation -- arbitration, mediation, and conciliation.

Revolutionary Constitutions

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Publisher : Harvard University Press
ISBN 13 : 0674238842
Total Pages : 473 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis Revolutionary Constitutions by : Bruce Ackerman

Download or read book Revolutionary Constitutions written by Bruce Ackerman and published by Harvard University Press. This book was released on 2019-05-13 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: A robust defense of democratic populism by one of America’s most renowned and controversial constitutional scholars—the award-winning author of We the People. Populism is a threat to the democratic world, fuel for demagogues and reactionary crowds—or so its critics would have us believe. But in his award-winning trilogy We the People, Bruce Ackerman showed that Americans have repeatedly rejected this view. Now he draws on a quarter century of scholarship in this essential and surprising inquiry into the origins, successes, and threats to revolutionary constitutionalism around the world. He takes us to India, South Africa, Italy, France, Poland, Burma, Israel, and Iran and provides a blow-by-blow account of the tribulations that confronted popular movements in their insurgent campaigns for constitutional democracy. Despite their many differences, populist leaders such as Nehru, Mandela, and de Gaulle encountered similar dilemmas at critical turning points, and each managed something overlooked but essential. Rather than deploy their charismatic leadership to retain power, they instead used it to confer legitimacy to the citizens and institutions of constitutional democracy. Ackerman returns to the United States in his last chapter to provide new insights into the Founders’ acts of constitutional statesmanship as they met very similar challenges to those confronting populist leaders today. In the age of Trump, the democratic system of checks and balances will not survive unless ordinary citizens rally to its defense. Revolutionary Constitutions shows how activists can learn from their predecessors’ successes and profit from their mistakes, and sets up Ackerman’s next volume, which will address how elites and insiders co-opt and destroy the momentum of revolutionary movements.

The Indigo Book

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Publisher : Lulu.com
ISBN 13 : 1892628023
Total Pages : 203 pages
Book Rating : 4.8/5 (926 download)

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Book Synopsis The Indigo Book by : Christopher Jon Sprigman

Download or read book The Indigo Book written by Christopher Jon Sprigman and published by Lulu.com. This book was released on 2017-07-11 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: This public domain book is an open and compatible implementation of the Uniform System of Citation.

From Human Dignity to Natural Law

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Publisher : Catholic University of America Press
ISBN 13 : 0813232422
Total Pages : 264 pages
Book Rating : 4.8/5 (132 download)

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Book Synopsis From Human Dignity to Natural Law by : Richard Berquist

Download or read book From Human Dignity to Natural Law written by Richard Berquist and published by Catholic University of America Press. This book was released on 2019-10-11 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: From Human Dignity to Natural Law shows how the whole of the natural law, as understood in the Aristotelian Thomistic tradition, is contained implicitly in human dignity. Human dignity means existing for one’s own good (the common good as well as one’s individual good), and not as a mere means to an alien good. But what is the true human good? This question is answered with a careful analysis of Aristotle’s definition of happiness. The natural law can then be understood as the precepts that guide us in achieving happiness. To show that human dignity is a reality in the nature of things and not a mere human invention, it is necessary to show that human beings exist by nature for the achievement of the properly human good in which happiness is found. This implies finality in nature. Since contemporary natural science does not recognize final causality, the book explains why living things, as least, must exist for a purpose and why the scientific method, as currently understood, is not able to deal with this question. These reflections will also enable us to respond to a common criticism of natural law theory: that it attempts to derive statements of what ought to be from statements about what is. After defining the natural law and relating it to human or positive law, Richard Berquist considers Aquinas’s formulation of the first principle of the natural law. It then discusses the love commandments to love God above all things and to love one’s neighbor as oneself as the first precepts of the natural law. Subsequent chapters are devoted to clarifying and defending natural law precepts concerned with the life issues, with sexual morality and marriage, and with fundamental natural rights. From Human Dignity to Natural Law concludes with a discussion of alternatives to the natural law.

Wetlands Law and Policy

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Publisher : American Bar Association
ISBN 13 : 9781590312865
Total Pages : 556 pages
Book Rating : 4.3/5 (128 download)

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Book Synopsis Wetlands Law and Policy by : Kim Diana Connolly

Download or read book Wetlands Law and Policy written by Kim Diana Connolly and published by American Bar Association. This book was released on 2005 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on the Clean Water Act's Section 404 permitting program, this comprehensive analysis of the government's evolving role in protecting wetlands covers the scientific, social, and legal implications of Section 404, and includes chapters detailing wetlands ecology, the states' role in implementing these policies, takings issues, judicial review, and agricultural programs.

The French Institutionalists: Maurice Hauriou, Georges Renard, Joseph T. Delos

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Publisher : Cambridge : Harvard University Press
ISBN 13 :
Total Pages : 408 pages
Book Rating : 4.3/5 (97 download)

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Book Synopsis The French Institutionalists: Maurice Hauriou, Georges Renard, Joseph T. Delos by : Maurice Hauriou

Download or read book The French Institutionalists: Maurice Hauriou, Georges Renard, Joseph T. Delos written by Maurice Hauriou and published by Cambridge : Harvard University Press. This book was released on 1970 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: In tracing the evolution of the institutional conception of positive law, this volume makes an important contribution to the study of positive law. It also provides the first extensive translation of important writings on the theory of the institution, which has had continuing influence in France but has been known only by repute in English-speaking countries. Supplementing the selections from the most significant works of Hauriou, Renard, and Delos are critiques that provide a contemporary focus to institutionalist thought. They include pieces by the noted jurists Jean Brèthe de la Gressaye, André Hauriou (the son), François and Bernard Geny, and Marcel Waline, as well as a retrospective essay prepared by Delos especially for this volume. The writings themselves range over a number of areas--sociology, psychology, law, and philosophy--and they cover such subjects as juridical method, public law, individual rights and the state, Hauriou's famous "Notes" on decisions of the Conseil d'Etat, natural law, and the social order.

The Catholic School

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Publisher : Macmillan + ORM
ISBN 13 : 0374717451
Total Pages : 1356 pages
Book Rating : 4.3/5 (747 download)

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Book Synopsis The Catholic School by : Edoardo Albinati

Download or read book The Catholic School written by Edoardo Albinati and published by Macmillan + ORM. This book was released on 2019-08-13 with total page 1356 pages. Available in PDF, EPUB and Kindle. Book excerpt: A semiautobiographical coming-of-age story, framed by the harrowing 1975 Circeo massacre Edoardo Albinati’s The Catholic School, the winner of Italy’s most prestigious award, The Strega Prize, is a powerful investigation of the heart and soul of contemporary Italy. Three well-off young men—former students at Rome’s prestigious all-boys Catholic high school San Leone Magno—brutally tortured, raped, and murdered two young women in 1975. The event, which came to be known as the Circeo massacre, shocked and captivated the country, exposing the violence and dark underbelly of the upper middle class at a moment when the traditional structures of family and religion were seen as under threat. It is this environment, the halls of San Leone Magno in the late 1960s and the 1970s, that Edoardo Albinati takes as his subject. His experience at the school, reflections on his adolescence, and thoughts on the forces that produced contemporary Italy are painstakingly and thoughtfully rendered, producing a remarkable blend of memoir, coming-of-age novel, and true-crime story. Along with indelible portraits of his teachers and fellow classmates—the charming Arbus, the literature teacher Cosmos, and his only Fascist friend, Max—Albinati also gives us his nuanced reflections on the legacy of abuse, the Italian bourgeoisie, and the relationship between sex, violence, and masculinity.

The Redbook

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Publisher : West Academic Publishing
ISBN 13 : 9780314168917
Total Pages : 0 pages
Book Rating : 4.1/5 (689 download)

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Book Synopsis The Redbook by : Bryan A. Garner

Download or read book The Redbook written by Bryan A. Garner and published by West Academic Publishing. This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive guide to the essential rules of legal writing. Unlike most style or grammar guides, it focuses on the special needs of legal writers, answering a wide spectrum of questions about grammar and style -- both rules and exceptions. It also gives detailed, authoritative advice on punctuation, capitalization, spelling, footnotes, and citations, with illustrations in legal context. Designed for law students, law professors, practicing lawyers, and judges, the work emphasizes the ways in which legal writing differs from other styles of technical writing. Its how-to sections deal with editing and proofreading, numbers and symbols, and overall document design. Features: * Cautions on use of 500 stuffy phrases and needless legalisms, along with their everyday English translations * Details rules for 800 words with required prepositions in certain contexts * Explains the correct usage of more than 1,000 words that are often troublesome to legal writers * Gives tips on preparing briefs and other court documents, opinion letters and demand letters, research memos, and contracts * Provides model documents of all types of legal documents and pleadings Reviews 200 terms of art that take on new meanings in legal contexts