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Hard Cases In Wicked Legal Systems
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Book Synopsis Hard Cases in Wicked Legal Systems by : David Dyzenhaus
Download or read book Hard Cases in Wicked Legal Systems written by David Dyzenhaus and published by Oxford University Press (UK). This book was released on 2010-02-25 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: This influential book makes sense of abstract debates about the nature of law and the rule of law by situating them in the real-world context of apartheid-era South Africa. The new edition examines the transformation in South Africa since the end of apartheid, and the shift in debates surrounding the rule of law post 9/11.
Book Synopsis Hard Cases in Wicked Legal Systems by : David Dyzenhaus
Download or read book Hard Cases in Wicked Legal Systems written by David Dyzenhaus and published by Oxford : Clarendon Press. This book was released on 1991 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hard Cases: The white minority in South Africa has oppressed the black majority ever since white settlers first arrived at the Cape in 1652. But systematic racial discrimination dates from the turn of this century when South Africa became one political entity under the control of an exclusively white Parliament. Whatever the differences between the governments which followed, until 1990 they agreed that racial segregation had to be enforced in order to ensure the material, political, and social domination of white over black.
Book Synopsis The Constitution of Law by : David Dyzenhaus
Download or read book The Constitution of Law written by David Dyzenhaus and published by Cambridge University Press. This book was released on 2006-10-05 with total page 9 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dyzenhaus deals with the urgent question of how governments should respond to emergencies and terrorism by exploring the idea that there is an unwritten constitution of law, exemplified in the common law constitution of Commonwealth countries. He looks mainly to cases decided in the United Kingdom, Australia and Canada to demonstrate that even in the absence of an entrenched bill of rights, the law provides a moral resource that can inform a rule-of-law project capable of responding to situations which place legal and political order under great stress. Those cases are discussed against a backdrop of recent writing and judicial decisions in the United States of America in order to show that the issues are not confined to the Commonwealth. The author argues that the rule-of-law project is one in which judges play an important role, but which also requires the participation of the legislature and the executive.
Book Synopsis Judicial Review and the Constitution by : Christopher Forsyth
Download or read book Judicial Review and the Constitution written by Christopher Forsyth and published by Hart Publishing. This book was released on 2000-08-04 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contains papers and comments from the conference on the Foundations of Judicial Review, held in Cambridge, England, May 22, 1999, and some previously published papers.
Book Synopsis The Long Arc of Legality by : David Dyzenhaus
Download or read book The Long Arc of Legality written by David Dyzenhaus and published by Cambridge University Press. This book was released on 2022-01-27 with total page 491 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores how the central question of philosophy of law is the legal subject's: how can that be law for me?
Book Synopsis Limits of Legality by : Jeffrey Brand-Ballard
Download or read book Limits of Legality written by Jeffrey Brand-Ballard and published by Oxford University Press. This book was released on 2010-05-26 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Judges sometimes hear cases in which the law, as they honestly understand it, requires results that they consider morally objectionable. Most people assume that, nevertheless, judges have an ethical obligation to apply the law correctly, at least in reasonably just legal systems. This is the view of most lawyers, legal scholars, and private citizens, but the arguments for it have received surprisingly little attention from philosophers. Combining ethical theory with discussions of caselaw, Jeffrey Brand-Ballard challenges arguments for the traditional view, including arguments from the fact that judges swear oaths to uphold the law, and arguments from our duty to obey the law, among others. He then develops an alternative argument based on ways in which the rule of law promotes the good. Patterns of excessive judicial lawlessness, even when morally motivated, can damage the rule of law. Brand-Ballard explores the conditions under which individual judges are morally responsible for participating in destructive patterns of lawless judging. These arguments build upon recent theories of collective intentionality and presuppose an agent-neutral framework, rather than the agent-relative framework favored by many moral philosophers. Defying the conventional wisdom, Brand-Ballard argues that judges are not always morally obligated to apply the law correctly. Although they have an obligation not to participate in patterns of excessive judicial lawlessness, an individual departure from the law so as to avoid an unjust result is rarely a moral mistake if the rule of law is otherwise healthy. Limits of Legality will interest philosophers, legal scholars, lawyers, and anyone concerned with the ethics of judging.
Book Synopsis Pilgrims in Medicine: Conscience,Legalism and Human Rights by : Thomas Alured Faunce
Download or read book Pilgrims in Medicine: Conscience,Legalism and Human Rights written by Thomas Alured Faunce and published by Martinus Nijhoff Publishers. This book was released on 2005-01-01 with total page 676 pages. Available in PDF, EPUB and Kindle. Book excerpt: This arrestingly novel work develops a normative synthesis of medical humanities, virtue ethics, medical ethics, health law and human rights. It presents an ambitious, complex and coherent argument for the reconceptualisation of the doctor-patient relationship and its regulation utilising approaches often thought of as being separate, if not opposed (virtue-based ethics and universal human rights). The case is argued gracefully, with moderation, but also with respect for opposing positions. The book's analysis of the foundational professional virtue of therapeutic loyalty is an original departure from the traditional discourse of "patient autonomy," and the ethical and legal "duties" of the medical practitioner. The central argument is not merely presented, as bookends, in the introduction and conclusion. It is cogently represented in each chapter and section and measured against the material considered. A remarkable feature is the use of aptly selected "canonical" literature to inform the argument. These references run from Hesse's "The Glass Bead Game" in the abstract, to Joyce's "Ulysses" in the conclusion. They include excerpts from and discussion about Bergman, Borges, Boswell, Tolstoy, de Beauvoir, Chekhov, Dostoevsky, Samuel Johnson, Aristotle, Orwell, Osler, Chaucer, Schweitzer, Shakespeare, Thorwalds, Kafka and William Carlos Williams. Such references are used not merely as an artistic and decorative leitmotif, but become a critical, narrative element and another complex and rich layer to this work. The breadth and quality of the references are testimony to the author's clear understanding of the modern law and literature movement. This work provides the basis of a medicalschool course. As many medical educators as possible should also be encouraged to read this work for the insights it will give them into using their own personal life narratives and those of their patients to inform their decision-making process. This thesis will also be of value to the judiciary, whose members are often called upon to make normatively difficult judgments about medical care and medical rules. The human rights material leads to a hopeful view of an international movement toward a universal synthesis between medical ethics and human rights in all doctor-patient relationships.
Book Synopsis The Long Arc of Legality by : David Dyzenhaus
Download or read book The Long Arc of Legality written by David Dyzenhaus and published by Cambridge University Press. This book was released on 2022-01-27 with total page 491 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Long Arc of Legality breaks the current deadlock in philosophy of law between legal positivism and natural law by showing that any understanding of law as a matter of authority must account for the interaction of enacted law with fundamental principles of legality. This interaction conditions law's content so that officials have the moral resources to answer the legal subject's question, 'But, how can that be law for me?' David Dyzenhaus brings Thomas Hobbes and Hans Kelsen into a dialogue with H. L. A. Hart, showing that philosophy of law must work with the idea of legitimate authority and its basis in the social contract. He argues that the legality of international law and constitutional law are integral to the main tasks of philosophy of law, and that legal theory must attend both to the politics of legal space and to the way in which law provides us with a 'public conscience'.
Book Synopsis Recrafting the Rule of Law by : David Dyzenhaus
Download or read book Recrafting the Rule of Law written by David Dyzenhaus and published by Bloomsbury Publishing. This book was released on 1999-07-01 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays on the rule of law focuses on the traditional question whether the rule of law is necessarily the rule of moral principles, the question of the legitimacy of law. Essays by lawyers, philosophers, and political theorists illuminate and take forward both that question and debate about issues to do with the reach of the rule of law which complicate its answer. The essays are divided into sections which deal, first, with legal orders where the rule of law is under severe stress, second, with the question of the value of the rule of law as a conceptual problem, and, third, with the question of the limits of legal order. Contributors: Richard Abel, Jody Freeman, Robert Alexy, Neil MacCormick, Kenneth Winston, Andras Sajo, Alon Harel, Anton Fagan, Anthony Sebok, Christine Sypnowich, Allan Hutchinson, Bill Scheuerman, John MacCormick, Julian Rivers, Henry Richardson, David Dyzenhaus.
Book Synopsis Law and Morality by : David Dyzenhaus
Download or read book Law and Morality written by David Dyzenhaus and published by University of Toronto Press. This book was released on 2007-01-01 with total page 1095 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since its first publication in 1996, Law and Morality has filled a long-standing need for a contemporary Canadian textbook in the philosophy of law. Now in its third edition, this anthology has been thoroughly revised and updated, and includes new chapters on equality, judicial review, and terrorism and the rule of law. The volume begins with essays that explore general questions about morality and law, surveying the traditional literature on legal positivism and contemporary debates about the connection between law and morality. These essays explore the tensions between law as a protector of individual liberty and as a tool of democratic self-rule, and introduce debates about adjudication and the contribution of feminist approaches to the philosophy of law. New material on the Chinese Canadian head tax case is also featured. The second part of Law and Morality deals with philosophical questions as they apply to contemporary issues. Excerpts from judicial decisions as well as essays by practicing lawyers are included to provide theoretically informed legal analyses of the issues. Striking a balance between practical and more analytic, philosophical approaches, the volume's treatment of the philosophy of law as a branch of political philosophy enables students to understand law in its function as a social institution. Law and Morality has proved to be an essential text in both departments of philosophy and faculties of law and this latest edition brings the debates fully up to date, filling gaps in the previous editions and adding to the array of contemporary issues previously covered.
Book Synopsis Irresolvable Norm Conflicts in International Law by : Valentin Jeutner
Download or read book Irresolvable Norm Conflicts in International Law written by Valentin Jeutner and published by Oxford University Press. This book was released on 2017 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on doctoral thesis, University of Cambridge, 2015. --Page vii.
Download or read book Philosophy of Law written by John Finnis and published by OUP Oxford. This book was released on 2011-04-07 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: John Finnis has been a central figure in the fundamental re-shaping of legal philosophy over the past half-century. This volume of his Collected Essays shows the full range and power of his contributions to the philosophy of law. The volume collects nearly thirty papers: on the foundations of law's authority; major theories and theorists of law; legal reasoning; revolutions, rights and law; and the logic of law-making. The essays collected include Finnis' recent appreciations and root-and-branch critiques of Hart's legal and political theories, his engagements with other central figures and works in the field, including Dworkin's Law's Empire; Raz on authority and coordination; Coleman, Leiter and Gardner on legal positivism and naturalism; Aquinas as founder of legal positivism; Weber on the fact-value distinction and legitimation; Unger on indeterminacy in law; Posner on intention and economics; Kelsen and courts on revolutions; game-theory and rational-choice theory; with misinterpreters of Hohfeld on rights logic; John Paul II on voting for unjust laws; analogy's role in legal reasoning; the distribution of constitutional authority in the Empire and its dissolution; the judicial opportunism of separation of powers doctrine in the Australian constitution; the architecture of Blackstone's Commentaries; restitution in civil wrongs; and many other aspects of law and legal theory. Several papers bring to bear his extensive work as a constitutional adviser and lawyer on persistent problems of constitutional theory. Previously unpublished papers include two on critical or post-modern legal theory, and an introduction reflecting on legal philosophy's development and future.
Book Synopsis The Legacy of Ronald Dworkin by : Wil Waluchow
Download or read book The Legacy of Ronald Dworkin written by Wil Waluchow and published by Oxford University Press. This book was released on 2016-04-25 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book assembles leading legal, political, and moral philosophers to examine the legacy of the work of Ronald Dworkin. They provide the most comprehensive critical treatment of Dworkin's accomplishments focusing on his work in all branches of philosophy, including his theory of value, political philosophy, philosophy of international law, and legal philosophy. The book's organizing principle and theme reflect Dworkin's self-conception as a builder of a unified theory of value, and the broad outlines of his system can be found throughout the book. The first section addresses the most abstract and general aspect of Dworkin's work--the unity of value thesis. The second section explores Dworkin's contributions to political philosophy, and discusses a number of political concepts including authority, civil disobedience, the legitimacy of states and the international legal system, distributive justice, collective responsibility, and Dworkin's master value of dignity and the associated values of equal concern and respect. The third section addresses various aspects of Dworkin's general theory of law. The fourth and final section comprises accounts of the structure and defining values of discrete areas of law.
Book Synopsis Philosophical Foundations of Private International Law by :
Download or read book Philosophical Foundations of Private International Law written by and published by Oxford University Press. This book was released on 2024-06-20 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private international law has long been understood as a doctrinal and technical body of law, without interesting theoretical foundations or implications. By systematically exploring the rich array of philosophical topics that are part of the fabric of private international law, Philosophical Foundations of Private International Law fills a significant and long-standing void in the legal and philosophical literature.The contributions to this volume are testimony to the significant potential for interaction between philosophy and private international law. Some aim to expand and rethink classical jurisprudential theories by focusing on law beyond the state and on the recognition of foreign law and judgments in domestic courts. Others bring legal and moral theories to bear on traditional debates in private international law, such as legal pluralism, transnational justice, the interpretation of foreign legal policies, and the boundaries of the legal system. Several engage with the history of both private international law and legal and political philosophy. They point to missed opportunities when philosophers ignored law's transnational dimensions, or when private international law scholars failed to position their theories within broader philosophical schools of thought. Some seek to complete past attempts to articulate the philosophical dimensions of private international law that were never carried through. Thought-provoking and topical, this volume displays the varied themes cutting through the disciplines of private international law and philosophy.
Book Synopsis The Politics of Principle by : Theunis Roux
Download or read book The Politics of Principle written by Theunis Roux and published by Cambridge University Press. This book was released on 2013-03-28 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: Uses a single-country case study to enrich research on the role of constitutional courts in new democracies.
Book Synopsis Where Our Protection Lies by : Dimitrios Kyritsis
Download or read book Where Our Protection Lies written by Dimitrios Kyritsis and published by Oxford University Press. This book was released on 2017 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Should courts be able to scrutinise primary legislation for its compatibility with human rights? Focusing on the value of the separation of powers, Dimitrios Kyritsis offers an innovative discussion of the role of constitutional courts and the scope of judicial review, and a normative theory of the constitutional review of legislative action.
Book Synopsis Lawfare and Judicial Legitimacy by : Kate Dent
Download or read book Lawfare and Judicial Legitimacy written by Kate Dent and published by Taylor & Francis. This book was released on 2023-07-28 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lawfare is a complex and evolving concept with many permutations. It is a term that is used to describe both a judicialisation of politics where the Constitutional Court is called upon to uphold constitutional responsibilities, compensating for institutional failures in the broader democratic space, and instances where there is abuse of the legal process to escape accountability. When the court is dragged into politics, it forces an examination of the legitimate scope of judicial review. This book explains how judicialisation of politics leads to the politicisation of adjudication and further weaponisation of the law. Exploring the judicial-political dynamics of South Africa from 2009 onwards, the work traces the consequences of the judicialisation of politics for institutional resilience and broader constitutional stability. Through an in-depth study of judicial legitimacy, the book seeks to provide an overarching theoretical justification for the dangers that inhere in lawfare. It analyses the potential costs of both judicial statesmanship and strategies of deference and avoidance when trying to navigate the Court safely through the era of lawfare. South Africa offers an interesting crucible within which to observe an unfolding global trend. Strengthened by its comparative focus, the implications of lawfare presented in this book transcend the South African context and are applicable to other jurisdictions in the world. The book will be of interest to researchers, academics and practitioners working in the areas of Constitutional Law and Politics.
