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Discretion To Disobey
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Book Synopsis Discretion to Disobey by : Mortimer R. Kadish
Download or read book Discretion to Disobey written by Mortimer R. Kadish and published by Quid Pro Books. This book was released on 2012-01-06 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beyond civil disobedience and the citizen's power to protest and defy law, this book looks at rule departures actually sanctioned by law.This acclaimed study by philosophy professor Mortimer Kadish and law professor Sanford Kadish is a truly interdisciplinary inquiry into the idea of departing from the strict letter of the law in a way that, they argue, actually comports with both law and morality.An instant classic and source of debate when first published by Stanford University Press in 1973, this book still resonates on questions of rule violations for the greater good, jury nullification, police and prosecutor discretion not to arrest or charge, civil disobedience, and the very concept of rules. Both citizens and government actors, they write, hold the power and the right to deviate from law in certain contexts and yet not act illegally in a sense -- because law itself contains strands of adaptations to its own departures that the authors weave into a sustained jurisprudential point.As one reviewer soon wrote, "the paradoxical idea that a citizen or official may lawfully break the law" will surely "raise the hackles" of any legal positivist. Yet it remains a challenging idea well worth considering. This book, despite its reputation in the fields of law and philosophy, is actually accessible to fields and scholars beyond, and to citizens who are finding their rightful place among the powers of governmental institutions.Part of the Classics of Law & Society Series from Quid Pro, includes 2010 Notes by the series editor and is available in new high-quality digital formats as well.
Book Synopsis Discretion to Disobey by : Mortimer Raymond Kadish
Download or read book Discretion to Disobey written by Mortimer Raymond Kadish and published by . This book was released on 1973 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Discretion to Disobey by : Mortimer Raymond Kadish
Download or read book Discretion to Disobey written by Mortimer Raymond Kadish and published by Stanford University Press. This book was released on 1973 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Handled with Discretion by : John Kleinig
Download or read book Handled with Discretion written by John Kleinig and published by Rowman & Littlefield. This book was released on 1996 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays examines the nature of police discretion and its many varieties. The essays explore the kinds of judgment calls police officers frequently must make : When should they get involved? Whom should they watch? What constitutes a disturbance of the peace? What resources should be devoted to a situation? Does social welfare take precedence over law enforcement? Under what conditions, if any, may police officers engage in selective enforcement of the law? Each essay or pair of essays is followed by a response, presenting contradictory or supplementary views.
Book Synopsis Kelsen Revisited by : Luís Duarte d'Almeida
Download or read book Kelsen Revisited written by Luís Duarte d'Almeida and published by Bloomsbury Publishing. This book was released on 2014-07-18 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: Forty years after his death, Hans Kelsen (1881-1973) remains one of the most discussed and influential legal philosophers of our time. This collection of new essays takes Kelsen's Pure Theory of Law as a stimulus, aiming to move forward the debate on several central issues in contemporary jurisprudence. The essays in Part I address legal validity, the normativity of law, and Kelsen's famous but puzzling idea of a legal system's 'basic norm'. Part II engages with the difficult issues raised by the social realities of law and the actual practices of legal officials. Part III focuses on conceptual features of legal systems and the logical structure of legal norms. All the essays were written for this volume by internationally renowned scholars from seven countries. Also included, in English translation, is an important polemical essay by Kelsen himself.
Author :American Bar Association. House of Delegates Publisher :American Bar Association ISBN 13 :9781590318737 Total Pages :216 pages Book Rating :4.3/5 (187 download)
Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Conflicts of Law and Morality by : Kent Greenawalt
Download or read book Conflicts of Law and Morality written by Kent Greenawalt and published by Oxford University Press, USA. This book was released on 1989 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: Powerful emotion and pursuit of self-interest have many times led people to break the law with the belief that they are doing so with sound moral reasons. This study is a comprehensive philosophical and legal analysis of the gray area in which the foundations of law and morality clash. In examining the extent of the obligations owed by citizens to their government, Greenawalt concentrates on the possible existence of a single source of obligation that reaches all citizens and all laws.
Book Synopsis Intelligent Disobedience by : Bob McGannon
Download or read book Intelligent Disobedience written by Bob McGannon and published by Routledge. This book was released on 2018-03-09 with total page 142 pages. Available in PDF, EPUB and Kindle. Book excerpt: Obeying all of the rules rarely generates breakthrough business performance because it does not generate new approaches. Breaking the rules randomly does not work either. Intelligent disobedience values improved business performance over compliance with the rules, when conditions permit. This is the essence of intelligent disobedience: knowing when and how to break, bend, or invent new rules to get better outcomes. This book promotes enhanced performance by promoting a higher form of ethics. Intelligent disobedience seeks to surface hidden truth and to produce actions that are of higher integrity to yield superior results. The book guides the reader to evaluate their work environment, current business results, and risk, to determine if, when, and how acting with intelligent disobedience can enhance their business outcomes and their career. Intelligent Disobedience: The Difference between Good and Great Leaders seeks to: enhance the reader’s business success; help the reader examine methods for proposing potentially unpopular directions or opinions; propose a decision-making process for when the reader should "bend or break the rules" – leveraging common sense over common processes on an exception basis; guide the reader to determine instances in which improved outcomes are better than ensuring compliance with corporate norms or management directions. This rich and sophisticated book interweaves real-life experiences from successful leaders with the themes of human psychology, ethics, decision making, delegation, communicating upwards and downwards ... Everything the senior manager needs to survive and thrive in a complex, uncertain, ambiguous, and fast-changing world.
Book Synopsis Socrates and the State by : Richard Kraut
Download or read book Socrates and the State written by Richard Kraut and published by Princeton University Press. This book was released on 2022-03-08 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fresh outlook on Socrates' political philosophy in Plato's early dialogues argues that it is both more subtle and less authoritarian than has been supposed. Focusing on the Crito, Richard Kraut shows that Plato explains Socrates' refusal to escape from jail and his acceptance of the death penalty as arising not from a philosophy that requires blind obedience to every legal command but from a highly balanced compromise between the state and the citizen. In addition, Professor Kraut contends that our contemporary notions of civil disobedience and generalization arguments are not present in this dialogue.
Book Synopsis Discretion and Deviation in the Administration of Immigration Control by : Satvinder Singh Juss
Download or read book Discretion and Deviation in the Administration of Immigration Control written by Satvinder Singh Juss and published by . This book was released on 1997 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: Consists of reports from the four sessions of the APIL/FOIL joint conference held on October 12th 1998. The issue offers suggestions for best practice for PI practitioners, focusing on co-operation between plaintiff and defendent representatives, and looks at future developments
Book Synopsis When Military Obedience and Restrictions on War Powers Collide by : Ellen Nohle
Download or read book When Military Obedience and Restrictions on War Powers Collide written by Ellen Nohle and published by Edward Elgar Publishing. This book was released on 2024-04-12 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: This provocative book explores the precarious conflict between the legal restrictions on governments’ power to take military action and the legal liability of soldiers to execute military orders. Adopting a multidisciplinary approach, this insightful book challenges the current distribution of trust between military decision-makers and agents.
Book Synopsis Civil Disobedience by : Henry David Thoreau
Download or read book Civil Disobedience written by Henry David Thoreau and published by Open Road Media. This book was released on 2015-05-26 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: Thoreau advocates for nonviolent protest in his classic manifesto Motivated by his disgust with the US government, Henry David Thoreau’s seminal philosophical essay enjoins individuals to stand against the ruling forces that seek to erase their free will. It is the duty of a good citizen, he argues, not only to disobey a bad law, but also to protest an unjust government. His message of nonviolence and appeal to value one’s own conscience over political legislation have resonated throughout American and world history. Peppered with the author’s poetry and social commentary, Civil Disobedience has become a manifesto for civil dissidents, revolutionaries, and protestors everywhere. Indeed, originally so unpopular with readers that Thoreau was forced to buy back over half of the books from his publisher, this work has gone on to inspire the likes of Mahatma Gandhi and Martin Luther King Jr. This ebook has been professionally proofread to ensure accuracy and readability on all devices.
Download or read book Jury Ethics written by John Kleinig and published by Routledge. This book was released on 2015-12-03 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trial by jury is one of the most important aspects of the U.S. legal system. A reflective look at how juries actually function brings out a number of ethical questions surrounding juror conduct and jury dynamics: Do citizens have a duty to serve as jurors? Might they seek exemptions? Is it acceptable for jurors to engage in after-hours research? Might a juror legitimately seek to "nullify" the outcome to express disapproval of the law? Under what conditions might jurors make a valid choice to hold out against or capitulate to their fellow jurors? Is it acceptable to form alliances? After trial, are there problems with entering into publishing contracts? Unfortunately, questions such as these have received scant attention from scholars. This book revives attention to these and other issues of jury ethics by collecting new and insightful essays along with responses from leading scholars in the field of jury studies. Is it acceptable for jurors to engage in after-hours research? Might a juror legitimately seek to "nullify" the outcome to express disapproval of the law? After trial, are there problems with entering into publishing contracts? Unfortunately, questions such as these have received scant attention from scholars. This book revives attention to these and other issues of jury ethics by collecting new and insightful essays along with responses from leading scholars in the field of jury studies. Contributors: Jeffrey Abramson, B. Michael Dann, Shari Seidman Diamond, Norman J. Finkel, Paula Hannaford-Agor, Valerie P. Hans, Julie E. Howe, Nancy J. King, John Kleinig, James P. Levine, Candace McCoy, G. Thomas Munsterman, Maureen O'Connor, Steven Penrod, Alan W. Scheflin, Neil Vidmar
Book Synopsis Radical Enfranchisement in the Jury Room and Public Life by : Sonali Chakravarti
Download or read book Radical Enfranchisement in the Jury Room and Public Life written by Sonali Chakravarti and published by University of Chicago Press. This book was released on 2020-01-24 with total page 159 pages. Available in PDF, EPUB and Kindle. Book excerpt: Juries have been at the center of some of the most emotionally charged moments of political life. At the same time, their capacity for legitimate decision making has been under scrutiny, because of events like the acquittal of George Zimmerman by a Florida jury for the shooting of Trayvon Martin and the decisions of several grand juries not to indict police officers for the killing of unarmed black men. Meanwhile, the overall use of juries has also declined in recent years, with most cases settled or resolved by plea bargain. With Radical Enfranchisement in the Jury Room and Public Life, Sonali Chakravarti offers a full-throated defense of juries as a democratic institution. She argues that juries provide an important site for democratic action by citizens and that their use should be revived. The jury, Chakravarti argues, could be a forward-looking institution that nurtures the best democratic instincts of citizens, but this requires a change in civic education regarding the skills that should be cultivated in jurors before and through the process of a trial. Being a juror, perhaps counterintuitively, can guide citizens in how to be thoughtful rule-breakers by changing their relationship to their own perceptions and biases and by making options for collective action salient, but they must be better prepared and instructed along the way.
Book Synopsis Crimes of Obedience by : Herbert C. Kelman
Download or read book Crimes of Obedience written by Herbert C. Kelman and published by Yale University Press. This book was released on 1989-01-01 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sergeant William Calley's defense of his behavior in the My Lai massacre and the widespread public support for his argument that he was merely obeying orders from a superior and was not personally culpable led Herbert C. Kelman and V. Lee Hamilton to investigate the attitudes toward responsibility and authority that underlie "crimes of obedience"--not only in military circumstances like My Lai but as manifested in Watergate, the Iran-Contra scandal, and the Kurt Waldheim affair. Their book is an ardent plea for the right and obligation of citizens to resist illegal and immoral orders from above.
Book Synopsis Lawyers’ Ethics and Professional Responsibility by : Andrew Boon
Download or read book Lawyers’ Ethics and Professional Responsibility written by Andrew Boon and published by Bloomsbury Publishing. This book was released on 2015-08-27 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to produce lawyers who can debate, criticise and change professional ethics as well as understand their underlying rationale. Written by the author of the leading work on the subject, The Ethics and Conduct of Lawyers in England and Wales, this book is aimed at the undergraduate or postgraduate student taking a half or full course in the subject. The book is divided into four parts dealing with the professional and regulatory framework for delivering legal services, the obligations owed to clients, wider duties and responsibilities and practice settings. It sets out the important background to the modern practice of law, and explains the theoretical underpinning of professional ethics and its everyday application through conduct rules and principles. Extracts from legislation, cases and conduct rules are provided, and comparative issues are considered where relevant. The book is also interactive, raising issues and posing questions that will encourage students to engage with the material as they read, which will also be helpful for classroom discussion.
Book Synopsis The Chinese Must Go by : Beth Lew-Williams
Download or read book The Chinese Must Go written by Beth Lew-Williams and published by Harvard University Press. This book was released on 2018-02-26 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beth Lew-Williams shows how American immigration policies incited violence against Chinese workers, and how that violence provoked new exclusionary policies. Locating the origins of the modern American "alien" in this violent era, she makes clear that the present resurgence of xenophobia builds mightily upon past fears of the "heathen Chinaman."
