Law in a Complex State

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Author :
Publisher : A&C Black
ISBN 13 : 1782252754
Total Pages : 260 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Law in a Complex State by : Neville Harris

Download or read book Law in a Complex State written by Neville Harris and published by A&C Black. This book was released on 2014-07-18 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Approximately half of the total UK population are in receipt of one or more welfare benefits, giving rise to the largest single area of government expenditure. The law and structures of social security are highly complex, made more so by constant adjustments as government pursues its often conflicting economic, political and social policy objectives. This complexity is highly problematic. It contributes to errors in decision-making and to increased administrative costs and is seen as disempowering for citizens, thereby weakening enjoyment of a key social right. Current and previous administrations have committed to simplifying the benefits system. It is a specific objective of the Welfare Reform Act 2012, which provides for the introduction of Universal Credit in place of diverse benefits. However, it is unclear whether the reformed system will be either less complex legally or more accessible for citizens. This book seeks to explain how and why complexity in the modern welfare system has grown; to identify the different ways in which legal and associated administrative arrangements are classifiable as 'complex'; to discuss the effects of complexity on the system's administration and its wider implications for rights and the citizen-state relationship; and to consider the role that law can play in the simplification of schemes of welfare. While primarily focused on the UK welfare system it also provides analysis of relevant policies and experience in various other states.

Simple Rules for a Complex World

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Publisher : Harvard University Press
ISBN 13 : 0674036565
Total Pages : 377 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Simple Rules for a Complex World by : Richard Allen EPSTEIN

Download or read book Simple Rules for a Complex World written by Richard Allen EPSTEIN and published by Harvard University Press. This book was released on 2009-06-30 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: Too many laws, too many lawyers--that's the necessary consequence of a complex society, or so conventional wisdom has it. Countless pundits insist that any call for legal simplification smacks of nostalgia, sentimentality, or naivete. But the conventional view, the noted legal scholar Richard Epstein tells us, has it exactly backward. The richer texture of modern society allows for more individual freedom and choice. And it allows us to organize a comprehensive legal order capable of meeting the technological and social challenges of today on the basis of just six core principles. In this book, Epstein demonstrates how. The first four rules, which regulate human interactions in ordinary social life, concern the autonomy of the individual, property, contract, and tort. Taken together these rules establish and protect consistent entitlements over all resources, both human and natural. These rules are backstopped by two more rules that permit forced exchanges on payment of just compensation when private or public necessity so dictates. Epstein then uses these six building blocks to clarify many intractable problems in the modern legal landscape. His discussion of employment contracts explains the hidden virtues of contracts at will and exposes the crippling weaknesses of laws regarding collective bargaining, unjust dismissal, employer discrimination, and comparable worth. And his analysis shows how laws governing liability for products and professional services, corporate transactions, and environmental protection have generated unnecessary social strife and economic dislocation by violating these basic principles. Simple Rules for a Complex World offers a sophisticated agenda for comprehensive social reform that undoes much of the mischief of the modern regulatory state. At a time when most Americans have come to distrust and fear government at all levels, Epstein shows how a consistent application of economic and political theory allows us to steer a middle path between too much and too little.

Law in a Complex State

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Author :
Publisher :
ISBN 13 : 9781474200240
Total Pages : 275 pages
Book Rating : 4.2/5 (2 download)

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Book Synopsis Law in a Complex State by : Neville S. Harris

Download or read book Law in a Complex State written by Neville S. Harris and published by . This book was released on 2013 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title seeks to explain how and why complexity in modern welfare systems has grown; identify the different ways in which legal and administrative arrangements are classifiable as complex; discuss the effects of complexity on the system's administration; and consider the role that law can play in the simplification of schemes of welfare.

The Limits of the Legal Complex

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Publisher : Oxford University Press
ISBN 13 : 0192848410
Total Pages : 305 pages
Book Rating : 4.1/5 (928 download)

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Book Synopsis The Limits of the Legal Complex by : Malcolm Feeley

Download or read book The Limits of the Legal Complex written by Malcolm Feeley and published by Oxford University Press. This book was released on 2021 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Spanning two centuries and five Nordic countries, this book questions the view that political lawyers are required for the development of a liberal political regime. It combines cross-disciplinary theory and careful empirical case studies by country experts whose regional insights are brought to bear on wider global contexts. The theory of the legal complex posits that lawyers will not simply mobilize collectively for material self-interest; instead they will organize and struggle for the limited goal of political liberalism. Constituted by a moderate state, core civil rights, and civil society freedoms, political liberalism is presented as a discrete but professionally valued good to which all lawyers can lend their support. Leading scholars claim that when one finds struggles against political repression, politics of the Legal Complex are frequently part of that struggle. One glaring omission in this research program is the Nordic region. This insightful volume provides a comprehensive account of the history and politics of lawyers of the last 200 years in the Nordic countries: Norway, Sweden, Denmark, Finland, and Iceland. Topping most global indexes of core civil rights, these states have been found to contain few to no visible legal complexes. Where previous studies have characterized lawyers as stewards and guardians of the law that seek to preserve its semi-autonomous nature, these legal complexes have emerged in a manner that challenges the standard narrative. This book offers rational choice and structuralist explanations for why and when lawyers mobilise collectively for political liberalism. In each country analysis, authors place lawyers in nineteenth century state transformation and emerging constitutionalism, followed by expanding democracy and the welfare state, the challenge of fascism and world war, the tensions of the Cold War, and the latter-day rights revolutions. These analyses are complemented by a comprehensive comparative introduction, and a concluding reflection on how the theory of the legal complex might be recast, making The Limits of the Legal Complex an invaluable resource for scholars and practitioners alike.

EMPOWERMENT AND EQUALITY NAVIGATING HUMAN RIGHTS LAW IN A COMPLEX WORLD

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Author :
Publisher : Institute of Legal Education
ISBN 13 : 8196439172
Total Pages : 90 pages
Book Rating : 4.1/5 (964 download)

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Book Synopsis EMPOWERMENT AND EQUALITY NAVIGATING HUMAN RIGHTS LAW IN A COMPLEX WORLD by : Prasanna S

Download or read book EMPOWERMENT AND EQUALITY NAVIGATING HUMAN RIGHTS LAW IN A COMPLEX WORLD written by Prasanna S and published by Institute of Legal Education. This book was released on 2023-12-26 with total page 90 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dear Reader, It is with great pleasure that we present to you our latest publication, "Empowerment and Equality: Navigating Human Rights Law in a Complex World." This edited book is a culmination of extensive research, thoughtful contributions, and the collective expertise of esteemed scholars and practitioners in the field of human rights. In a world marked by dynamic socio-political landscapes, this book serves as a compass, guiding readers through the intricate web of human rights law. "Empowerment and Equality" delves into the complexities and challenges that arise in the pursuit of justice, empowerment, and equality for all individuals, irrespective of their background or circumstances. This book brings together voices from academia, legal practice, and activism, creating a comprehensive resource for anyone seeking a deeper understanding of human rights in our complex world. It is our sincere hope that the insights and perspectives shared within these pages will inspire meaningful dialogue, academic inquiry, and, most importantly, positive action. We extend our heartfelt gratitude to the contributors who have dedicated their time and expertise to this project. Their commitment to advancing human rights and promoting equality is evident in the richness and diversity of the content presented. As publishers, we take pride in being part of the dissemination of knowledge that can contribute to positive change. "Empowerment and Equality" aligns with our commitment to publishing works that have the potential to shape conversations, influence policies, and ultimately contribute to a more just and equitable world. We hope you find this book both informative and inspiring. May it serve as a valuable resource for scholars, practitioners, activists, and all those passionate about the advancement of human rights. Thank you for choosing Institute of Legal Education as your source for thought-provoking and impactful literature.

Disavowing Asylum

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Author :
Publisher : Rowman & Littlefield
ISBN 13 : 1786612542
Total Pages : 200 pages
Book Rating : 4.7/5 (866 download)

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Book Synopsis Disavowing Asylum by : Ronit Lentin

Download or read book Disavowing Asylum written by Ronit Lentin and published by Rowman & Littlefield. This book was released on 2021-07-13 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Disavowing Asylum presents the for-profit Direct Provision asylum regime in the Republic of Ireland, describing and theorizing the remote asylum centres throughout the country as a disavowed regime of racialized incarceration, operated by private companies and hidden from public view. The authors combine a historical and geographical analysis of Direct Provision with a theoretical analysis of the disavowal of the system by state and society and with a visual autoethnography via one of the authors’ Asylum Archive and Direct Provision diary, constituting a first-person narrative of the experience of living in Direct Provision. This book argues that asylum seekers, far from being mere victims of racialization and of their experiences in Direct Provision, are active agents of change and resistance, and theorizes the Asylum Archive project as an archive of silenced lives that brings into public view the hidden experiences of asylum seekers in Ireland's Direct Provision regime.

Is Administrative Law Unlawful?

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Publisher : University of Chicago Press
ISBN 13 : 022611645X
Total Pages : 646 pages
Book Rating : 4.2/5 (261 download)

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Book Synopsis Is Administrative Law Unlawful? by : Philip Hamburger

Download or read book Is Administrative Law Unlawful? written by Philip Hamburger and published by University of Chicago Press. This book was released on 2014-05-27 with total page 646 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Hamburger argues persuasively that America has overlaid its constitutional system with a form of governance that is both alien and dangerous.” —Law and Politics Book Review While the federal government traditionally could constrain liberty only through acts of Congress and the courts, the executive branch has increasingly come to control Americans through its own administrative rules and adjudication, thus raising disturbing questions about the effect of this sort of state power on American government and society. With Is Administrative Law Unlawful?, Philip Hamburger answers this question in the affirmative, offering a revisionist account of administrative law. Rather than accepting it as a novel power necessitated by modern society, he locates its origins in the medieval and early modern English tradition of royal prerogative. Then he traces resistance to administrative law from the Middle Ages to the present. Medieval parliaments periodically tried to confine the Crown to governing through regular law, but the most effective response was the seventeenth-century development of English constitutional law, which concluded that the government could rule only through the law of the land and the courts, not through administrative edicts. Although the US Constitution pursued this conclusion even more vigorously, administrative power reemerged in the Progressive and New Deal Eras. Since then, Hamburger argues, administrative law has returned American government and society to precisely the sort of consolidated or absolute power that the US Constitution—and constitutions in general—were designed to prevent. With a clear yet many-layered argument that draws on history, law, and legal thought, Is Administrative Law Unlawful? reveals administrative law to be not a benign, natural outgrowth of contemporary government but a pernicious—and profoundly unlawful—return to dangerous pre-constitutional absolutism.

Law, Public Policies and Complex Systems: Networks in Action

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Author :
Publisher : Springer
ISBN 13 : 3030115062
Total Pages : 280 pages
Book Rating : 4.0/5 (31 download)

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Book Synopsis Law, Public Policies and Complex Systems: Networks in Action by : Romain Boulet

Download or read book Law, Public Policies and Complex Systems: Networks in Action written by Romain Boulet and published by Springer. This book was released on 2019-05-07 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates how various scientific communities – e.g. legal scientists, political scientists, sociologists, mathematicians, and computer scientists – study law and public policies, which are portrayed here as complex systems. Today, research on law and public policies is rapidly developing at the international level, relying heavily on modeling that employs innovative methods for concrete implementation. Among the subject matter discussed, law as a network of evolving and interactive norms is now a prominent sphere of study. Similarly, public policies are now a topic in their own right, as policy can no longer be examined as a linear process; rather, its study should reflect the complexity of the networks of actors, norms and resources involved, as well as the uncertainty or weak predictability of their direct or indirect impacts. The book is divided into three maain parts: complexity faced by jurists, complexity in action and public policies, and complexity and networks. The main themes examined concern codification, governance, climate change, normative networks, health, water management, use-related conflicts, legal regime conflicts, and the use of indicators.

Model Rules of Professional Conduct

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Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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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.

Personalized Law

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Publisher : Oxford University Press
ISBN 13 : 0197522831
Total Pages : 257 pages
Book Rating : 4.1/5 (975 download)

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Book Synopsis Personalized Law by : Omri Ben-Shahar

Download or read book Personalized Law written by Omri Ben-Shahar and published by Oxford University Press. This book was released on 2021-05-17 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: We live in a world of one-size-fits-all law. People are different, but the laws that govern them are uniform. "Personalized Law"---rules that vary person by person---will change that. Here is a vision of a brave new world, where each person is bound by their own personally-tailored law. "Reasonable person" standards would be replaced by a multitude of personalized commands, each individual with their own "reasonable you" rule. Skilled doctors would be held to higher standards of care, the most vulnerable consumers and employees would receive stronger protections, age restrictions for driving or for the consumption of alcohol would vary according the recklessness risk that each person poses, and borrowers would be entitled to personalized loan disclosures tailored to their unique needs and delivered in a format fitting their mental capacity. The data and algorithms to administer personalize law are at our doorstep, and embryos of this regime are sprouting. Should we welcome this transformation of the law? Does personalized law harbor a utopic promise, or would it produce alienation, demoralization, and discrimination? This book is the first to explore personalized law, offering a vision of law and robotics that delegates to machines those tasks humans are least able to perform well. It inquires how personalized law can be designed to deliver precision and justice and what pitfalls the regime would have to prudently avoid. In this book, Omri Ben-Shahar and Ariel Porat not only present this concept in a clear, easily accessible way, but they offer specific examples of how personalized law may be implemented across a variety of real-life applications.

The Law and Practice of Complex Construction Projects

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Publisher : Taylor & Francis
ISBN 13 : 1003856470
Total Pages : 670 pages
Book Rating : 4.0/5 (38 download)

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Book Synopsis The Law and Practice of Complex Construction Projects by : Fabio Solimene

Download or read book The Law and Practice of Complex Construction Projects written by Fabio Solimene and published by Taylor & Francis. This book was released on 2024-03-21 with total page 670 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presenting readers with all the need-to-know information on complex construction projects within a single publication, this book expertly focuses on practical issues whilst also providing insights on the law applying to construction projects. As well as exploring individual subjects such as the negotiation of a contract, the evaluation of a claim or assistance in relation to contractual disputes, the book also creates an overarching understanding of the entire life of a project. It presents an inside view on the various stages of complex projects, from the moment they are conceived to the end of the contractual relation between employer and contractor, including any disputes between the parties. The reader will become familiar with the terminology used in the construction industry, the various phases of complex construction projects, the law applying to each phase and the various deliverables produced by the parties throughout the project. While including sections on the law applying to each phase, the book’s primary focus is on the practical aspects faced on a daily basis by practitioners working in the construction industry. This book is important reading for professionals involved in construction law at every level, including relevant academics, government employees and lawyers. It will also serve as a useful book for students, providing a comprehensive overview of the many factors and phases of a complex construction project.

Complex Variables Theory and Application

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Author :
Publisher :
ISBN 13 :
Total Pages : 204 pages
Book Rating : 4.5/5 (921 download)

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Book Synopsis Complex Variables Theory and Application by :

Download or read book Complex Variables Theory and Application written by and published by . This book was released on 1923 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Law, Ecology, and the Management of Complex Systems

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Publisher : Taylor & Francis
ISBN 13 : 1000636380
Total Pages : 145 pages
Book Rating : 4.0/5 (6 download)

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Book Synopsis Law, Ecology, and the Management of Complex Systems by : Tiina Paloniitty

Download or read book Law, Ecology, and the Management of Complex Systems written by Tiina Paloniitty and published by Taylor & Francis. This book was released on 2022-08-19 with total page 145 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the role of law in the adaptive management of socio-ecological systems. Recent years have witnessed a rise in discussion over the relation between adaptivity and law, as if after decades of insouciance, legal scholars have finally started to understand the impacts of the scientific paradigm called ‘adaptive management’ on the legal sphere. Even though the complicated relations between law and the adaptive management of socio-ecological systems have become more debated, a thorough examination of the scientific and theoretical fundamentals of such endeavours has yet to be presented. Using the illustrative example of European Union water governance and its path toward embracing adaptive management, this book emphasises the legal significance of properly understanding the manner in which scientific knowledge of the environment is produced. Though always pivotal, rigorously apprehending science is especially crucial when dealing with the management of complex ecosystems as the ‘normative’ is created gradually before law begins to examine the ‘facts’ of the matter. After examining the roots of adaptive management, this book argues that the legal needs to understand itself as an integral part of the process of the socio-ecological management of complex systems and not merely an external umpire resolving disputes. As a whole, the book offers new insights into the EU regulator’s approaches to scientific realities, making it an interesting read not only to academics and legal scholars but also to regulators striving to deepen their understanding or pondering which approach to adopt in the face of new regulatory challenges, and to scientists interested in the science and law aspects of their work.

Law’s Abnegation

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Author :
Publisher : Harvard University Press
ISBN 13 : 0674974719
Total Pages : 208 pages
Book Rating : 4.6/5 (749 download)

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Book Synopsis Law’s Abnegation by : Adrian Vermeule

Download or read book Law’s Abnegation written by Adrian Vermeule and published by Harvard University Press. This book was released on 2016-11-14 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Adrian Vermeule argues that the arc of law has bent steadily toward deference to the administrative state, which has greater democratic legitimacy and technical competence to confront issues such as climate change, terrorism, and biotechnology. The state did not shove lawyers and judges out of the way; they moved freely to the margins of power.

Private Property Rights Implementation Act of 1999

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Publisher :
ISBN 13 :
Total Pages : 60 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Private Property Rights Implementation Act of 1999 by : United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution

Download or read book Private Property Rights Implementation Act of 1999 written by United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution and published by . This book was released on 2000 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Parliamentary Debates

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Publisher :
ISBN 13 :
Total Pages : 1346 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Parliamentary Debates by : Australia. Parliament

Download or read book Parliamentary Debates written by Australia. Parliament and published by . This book was released on 1913 with total page 1346 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Soysal V. Indiana State Board of Law Examiners

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Author :
Publisher :
ISBN 13 :
Total Pages : 48 pages
Book Rating : 4.W/5 ( download)

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Book Synopsis Soysal V. Indiana State Board of Law Examiners by :

Download or read book Soysal V. Indiana State Board of Law Examiners written by and published by . This book was released on 1973 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt: