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Fundamental Legal Conceptions As Applied In Judicial Reasoning And Other Legal Essays Edited By Walter Wheeler Cook
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Book Synopsis Fundamental Legal Conceptions As Applied in Judicial Reasoning by Wesley Newcomb Hohfeld by : David Campbell
Download or read book Fundamental Legal Conceptions As Applied in Judicial Reasoning by Wesley Newcomb Hohfeld written by David Campbell and published by Routledge. This book was released on 2016-12-05 with total page 114 pages. Available in PDF, EPUB and Kindle. Book excerpt: Wesley Newcomb Hohfeld, born in 1879, died prematurely in 1918. He left only a few law journal articles as his published work. His 'Fundamental Legal Conceptions', originally published as two articles in the 'Yale Law Journal' for 1913 and 1917 and left incompletely revised at his death is, however, one of the principal foundations of analytic jurisprudence. The analysis of rights that Hohfeld offers is still regularly cited and relied upon by both lawyers and philosophers, and it is treated as a source of insight into the nature of moral rights as well as the legal rights that were Hohfeld’s own focus of concern. Although some of his analytical distinctions were anticipated by earlier jurists, their insights were fragmentary and imperfect by comparison. Hohfeld’s systematic and exhaustive (yet concise) treatment is generally regarded as unsurpassed. This is not to say that he has not been criticized, but his book forms the essential starting point for any discussion of the nature and structure of rights. 'Fundamental Legal Conceptions' has long been difficult to obtain. This new edition makes this classic of analytic jurisprudence available with a comprehensive introduction by Dr. N.E. Simmonds of Corpus Christi, University of Cambridge, UK.
Book Synopsis Fundamental Legal Conceptions as Applied in Judicial Reasoning, and Other Legal Essays by : Wesley Newcomb Hohfeld
Download or read book Fundamental Legal Conceptions as Applied in Judicial Reasoning, and Other Legal Essays written by Wesley Newcomb Hohfeld and published by . This book was released on 1920 with total page 122 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Fundamental Legal Conceptions as Applied in Judicial Reasoningm and Other Legal Essays by : Wesley Newcomb Hohfeld
Download or read book Fundamental Legal Conceptions as Applied in Judicial Reasoningm and Other Legal Essays written by Wesley Newcomb Hohfeld and published by . This book was released on 1920 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Yale Law Journal written by and published by . This book was released on 1921 with total page 914 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis University of Pennsylvania Law Review and American Law Register by :
Download or read book University of Pennsylvania Law Review and American Law Register written by and published by . This book was released on 1924 with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Necessity and Proportionality in International Peace and Security Law by : Claus Kreß
Download or read book Necessity and Proportionality in International Peace and Security Law written by Claus Kreß and published by Oxford University Press. This book was released on 2020-12-04 with total page 527 pages. Available in PDF, EPUB and Kindle. Book excerpt: Necessity and proportionality hold a firm place in the international law governing the use of force by states, as well as in the law of armed conflict. However, the precise contours of these two requirements are uncertain and controversial. The aim of Necessity and Proportionality in International Peace and Security Law is to explore how necessity and proportionality manifest themselves in the modern world under the law governing the use of force and the law of armed conflict, and how they relate to each other. The book explores the ways in which necessity and proportionality are applied in practice and addresses pressing legal issues in the law on the use of force, including the controversial "unwilling and unable" test for the use of force in self-defense, drones and targeted killing, the application of this legal regime during civil war, and the need for further transparency in states' justification for the use of force in self-defense. The analysis of the role of military necessity within the law of armed conflict on the modern battlefield focuses on the history and nature of the principle of military necessity, the proper application of the principle of proportionality, how commanders should account for mental harm in calculating proportionality, and the role artificial intelligence and autonomous weapons systems may play in proportionality analysis. The book concludes with a discussion of the potential role of proportionality in the law governing post-conflict contexts.
Book Synopsis Competition Policy and Patent Law under Uncertainty by : Geoffrey A. Manne
Download or read book Competition Policy and Patent Law under Uncertainty written by Geoffrey A. Manne and published by Cambridge University Press. This book was released on 2011-06-13 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: Any legal regime must attempt to assess the trade-offs associated with rules that will affect incentives to innovate, allocative efficiency, competition, and freedom of economic actors to commercialize the fruits of their innovative labors. The essays in this book approach this critical set of problems from an economic perspective.
Book Synopsis Advanced Introduction to International Human Rights Law by : Dinah L. Shelton
Download or read book Advanced Introduction to International Human Rights Law written by Dinah L. Shelton and published by Edward Elgar Publishing. This book was released on 2020-10-30 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in its second edition, Dinah Shelton’s pioneering book provides a uniquely accessible introduction to the history and the latest developments in international human rights law. Exploring the origins, customs and institutions that have emerged globally and regionally in the last two centuries, this incisive book guides readers through the major treaties and declarations that form the foundations of the discipline today.
Book Synopsis Research Handbook on the Economics of Property Law by : Kenneth Ayotte
Download or read book Research Handbook on the Economics of Property Law written by Kenneth Ayotte and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading scholars in the field of law and economics contribute their original theoretical and empirical research to this major Handbook. Each chapter analyzes the basic architecture and important features of the institutions of property law from an economic point of view, while also providing an introduction to the issues and literature. Property rights and property systems vary along a large number of dimensions, and economics has proven very conducive to analyzing these patterns and even the nature of property itself. The contributions found here lend fresh perspectives to the current body of literature, examining topics including: initial acquisition; the commons, anticommons, and semicommons; intellectual property; public rights; abandonment and destruction; standardization of property; property and firms; marital property; bankruptcy as property; titling systems; land surveying; covenants; nuisance; the political economy of property; and takings. The contributors employ a variety of methods and perspectives, demonstrating the fruitfulness of economic modeling, empirical methods, and institutional analysis for the study of both new and familiar problems in property. Legal scholars, economists, and other social scientists interested in property will find this Handbook an often-referenced addition to their libraries.
Book Synopsis The Constitution and the New Deal by : G. Edward White
Download or read book The Constitution and the New Deal written by G. Edward White and published by Harvard University Press. This book was released on 2002-05-15 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a powerful new narrative, G. Edward White challenges the reigning understanding of twentieth-century Supreme Court decisions, particularly in the New Deal period. He does this by rejecting such misleading characterizations as "liberal," "conservative," and "reactionary," and by reexamining several key topics in constitutional law. Through a close reading of sources and analysis of the minds and sensibilities of a wide array of justices, including Holmes, Brandeis, Sutherland, Butler, Van Devanter, and McReynolds, White rediscovers the world of early-twentieth-century constitutional law and jurisprudence. He provides a counter-story to that of the triumphalist New Dealers. The deep conflicts over constitutional ideas that took place in the first half of the twentieth century are sensitively recovered, and the morality play of good liberals vs. mossbacks is replaced. This is the only thoroughly researched and fully realized history of the constitutional thought and practice of all the Supreme Court justices during the turbulent period that made America modern.
Book Synopsis The Limits of Blame by : Erin I. Kelly
Download or read book The Limits of Blame written by Erin I. Kelly and published by Harvard University Press. This book was released on 2018-11-12 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Faith in the power and righteousness of retribution has taken over the American criminal justice system. Approaching punishment and responsibility from a philosophical perspective, Erin Kelly challenges the moralism behind harsh treatment of criminal offenders and calls into question our society’s commitment to mass incarceration. The Limits of Blame takes issue with a criminal justice system that aligns legal criteria of guilt with moral criteria of blameworthiness. Many incarcerated people do not meet the criteria of blameworthiness, even when they are guilty of crimes. Kelly underscores the problems of exaggerating what criminal guilt indicates, particularly when it is tied to the illusion that we know how long and in what ways criminals should suffer. Our practice of assigning blame has gone beyond a pragmatic need for protection and a moral need to repudiate harmful acts publicly. It represents a desire for retribution that normalizes excessive punishment. Appreciating the limits of moral blame critically undermines a commonplace rationale for long and brutal punishment practices. Kelly proposes that we abandon our culture of blame and aim at reducing serious crime rather than imposing retribution. Were we to refocus our perspective to fit the relevant moral circumstances and legal criteria, we could endorse a humane, appropriately limited, and more productive approach to criminal justice.
Download or read book Catalog of Copyright Entries written by and published by . This book was released on 1920 with total page 1376 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Legal Rights by : Paulos Z. Eleutheriadēs
Download or read book Legal Rights written by Paulos Z. Eleutheriadēs and published by Oxford University Press, USA. This book was released on 2008 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: Understanding the nature and role of rights is a central issue in the philosophy of practical reason. Asking how legal rights relate to their moral counterparts, this book criticises existing analytic models and presents a new theory based on the idea of public reason.
Book Synopsis Wesley Hohfeld A Century Later by : Shyamkrishna Balganesh
Download or read book Wesley Hohfeld A Century Later written by Shyamkrishna Balganesh and published by Cambridge University Press. This book was released on 2022-07-28 with total page 553 pages. Available in PDF, EPUB and Kindle. Book excerpt: With newly uncovered personal papers, this volume offers in-depth analysis of Wesley Hohfeld's pioneering contributions to legal theory.
Download or read book Illinois Law Review written by and published by . This book was released on 1921 with total page 822 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Seeking Balance by : A. Pablo Iannone
Download or read book Seeking Balance written by A. Pablo Iannone and published by Routledge. This book was released on 2017-07-28 with total page 519 pages. Available in PDF, EPUB and Kindle. Book excerpt: The problems and issues arising from globalization are difficult to resolve, in part because our ways of conceptualizing the conflicts and responding to them are inadequate. This book fills this gap, conceiving of globalization as a consequence of economic, political, technological, scientific, and cultural changes. A. Pablo Iannone provides a taxonomy of globalization processes, investigates the consequences of each, and formulates a comprehensive approach for dealing with them.While his emphasis is philosophical, this is not a single-discipline book. Rather, it belongs at the intersection of philosophy, economics, political science, and technology. Its discussions address issues concerning globalization and correlate the processes of fragmentation and dislocation in a realistic manner.Iannone focuses on concrete and current cases, from the global economic and financial issues posed by the multi-centered nature of contemporary business and technology, through the pressures of ever increasing information overload across the planet. He explores the environmental and social challenges associated with current Amazonian development and its significance to weather patterns on Earth. He considers the issues surrounding the use of robots in war from Pakistan through Mexico, and the militarization of space. In short, the approach, while based on theoretical concerns, is solidly grounded in highly practical applications, which are global in their implications.
Book Synopsis Just War Or Just Peace? by : Simon Chesterman
Download or read book Just War Or Just Peace? written by Simon Chesterman and published by . This book was released on 2002 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book asks whether states have the right to intervene in foreign civil conflicts for humanitarian reasons. The UN Charter prohibits state aggression, but many argue that such a right exists as an exception to this rule. Offering a thorough analysis of this issue, the book puts NATO's action in Kosovo in its proper legal perspective.
