Law Institution And Legal Politics

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Law, Institution and Legal Politics

Author : Ota Weinberger
Publisher : Springer Science & Business Media
ISBN 13 : 9780792311430
Total Pages : 302 pages
Book Rating : 4.3/5 (114 download)

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Book Synopsis Law, Institution and Legal Politics by : Ota Weinberger

Download or read book Law, Institution and Legal Politics written by Ota Weinberger and published by Springer Science & Business Media. This book was released on 1991-03-31 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: It gives me great pleasure to offer this foreword to the present work of my admired friend and respected colleague Ota Weinberger. Apart from the essays of his which were published in our joint work An Institutional Theory of Law: New Approaches to Legal Positivism in 1986, relatively little of Wein berger's work is available in English. This is the more to be regretted, since his is work of particular interest to jurists of the English-speaking world both in view of its origins and in respect of its content As to its origins, Weinberger war reared as a student of the Pure Theory of Law, a theory which in its Kelsenian form has aroused very great interest and has had considerable influence among anglophoone scholars -perhaps even more than in the Germanic countries. Less well known is the fact that the Pure Theory itself divided into two schools, that of Vienna and that of Brno. It was in the Brno school of Frantisek Weyr that Weinberger's legal theory found its early formation, and perhaps from that early influence one can trace his continuing insistence on the dual character of legal norms -both as genuinely normative and yet at the same time having real social existence.

Law, Institution and Legal Politics

Author : Ota Weinberger
Publisher : Springer Science & Business Media
ISBN 13 : 9401134588
Total Pages : 289 pages
Book Rating : 4.4/5 (11 download)

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Book Synopsis Law, Institution and Legal Politics by : Ota Weinberger

Download or read book Law, Institution and Legal Politics written by Ota Weinberger and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: It gives me great pleasure to offer this foreword to the present work of my admired friend and respected colleague Ota Weinberger. Apart from the essays of his which were published in our joint work An Institutional Theory of Law: New Approaches to Legal Positivism in 1986, relatively little of Wein berger's work is available in English. This is the more to be regretted, since his is work of particular interest to jurists of the English-speaking world both in view of its origins and in respect of its content As to its origins, Weinberger war reared as a student of the Pure Theory of Law, a theory which in its Kelsenian form has aroused very great interest and has had considerable influence among anglophoone scholars -perhaps even more than in the Germanic countries. Less well known is the fact that the Pure Theory itself divided into two schools, that of Vienna and that of Brno. It was in the Brno school of Frantisek Weyr that Weinberger's legal theory found its early formation, and perhaps from that early influence one can trace his continuing insistence on the dual character of legal norms -both as genuinely normative and yet at the same time having real social existence.

Law and Politics

Author : Keith E. Whittington
Publisher :
ISBN 13 : 9780415680356
Total Pages : 0 pages
Book Rating : 4.6/5 (83 download)

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Book Synopsis Law and Politics by : Keith E. Whittington

Download or read book Law and Politics written by Keith E. Whittington and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A new title in the Routledge Major Works series, Critical Concepts in Political Science, this is a four-volume collection of cutting-edge and canonical research on law and politics.

Politics and International Law

Author : Leslie Johns
Publisher : Cambridge University Press
ISBN 13 : 1108833705
Total Pages : 583 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis Politics and International Law by : Leslie Johns

Download or read book Politics and International Law written by Leslie Johns and published by Cambridge University Press. This book was released on 2022-06-09 with total page 583 pages. Available in PDF, EPUB and Kindle. Book excerpt: Teaches how and why states make, break, and uphold international law using accessible explanations and contemporary international issues.

Law, Politics, and Perception

Author : Eileen Braman
Publisher : University of Virginia Press
ISBN 13 : 0813928370
Total Pages : 258 pages
Book Rating : 4.8/5 (139 download)

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Book Synopsis Law, Politics, and Perception by : Eileen Braman

Download or read book Law, Politics, and Perception written by Eileen Braman and published by University of Virginia Press. This book was released on 2009-10-29 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are judges' decisions more likely to be based on personal inclinations or legal authority? The answer, Eileen Braman argues, is both. Law, Politics, and Perception brings cognitive psychology to bear on the question of the relative importance of norms of legal reasoning versus decision markers' policy preferences in legal decision-making. While Braman acknowledges that decision makers' attitudes—or, more precisely, their preference for policy outcomes—can play a significant role in judicial decisions, she also believes that decision-makers' belief that they must abide by accepted rules of legal analysis significantly limits the role of preferences in their judgements. To reconcile these competing factors, Braman posits that judges engage in "motivated reasoning," a biased process in which decision-makers are unconsciously predisposed to find legal authority that is consistent with their own preferences more convincing than those that go against them. But Braman also provides evidence that the scope of motivated reasoning is limited. Objective case facts and accepted norms of legal reasoning can often inhibit decision makers' ability to reach conclusions consistent with their preferences.

The Oxford Handbook of Law and Politics

Author : Keith E. Whittington
Publisher : OUP Oxford
ISBN 13 : 0191615064
Total Pages : 832 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Oxford Handbook of Law and Politics by : Keith E. Whittington

Download or read book The Oxford Handbook of Law and Politics written by Keith E. Whittington and published by OUP Oxford. This book was released on 2010-06-10 with total page 832 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study of law and politics is one of the foundation stones of the discipline of political science, and it has been one of the most productive areas of cross-fertilization between the various subfields of political science and between political science and other cognate disciplines. This Handbook provides a comprehensive survey of the field of law and politics in all its diversity, ranging from such traditional subjects as theories of jurisprudence, constitutionalism, judicial politics and law-and-society to such re-emerging subjects as comparative judicial politics, international law, and democratization. The Oxford Handbook of Law and Politics gathers together leading scholars in the field to assess key literatures shaping the discipline today and to help set the direction of research in the decade ahead.

The Politics of Islamic Law

Author : Iza R. Hussin
Publisher : University of Chicago Press
ISBN 13 : 022632348X
Total Pages : 360 pages
Book Rating : 4.2/5 (263 download)

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Book Synopsis The Politics of Islamic Law by : Iza R. Hussin

Download or read book The Politics of Islamic Law written by Iza R. Hussin and published by University of Chicago Press. This book was released on 2016-03-31 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Politics of Islamic Law, Iza Hussin compares India, Malaya, and Egypt during the British colonial period in order to trace the making and transformation of the contemporary category of ‘Islamic law.’ She demonstrates that not only is Islamic law not the shari’ah, its present institutional forms, substantive content, symbolic vocabulary, and relationship to state and society—in short, its politics—are built upon foundations laid during the colonial encounter. Drawing on extensive archival work in English, Arabic, and Malay—from court records to colonial and local papers to private letters and visual material—Hussin offers a view of politics in the colonial period as an iterative series of negotiations between local and colonial powers in multiple locations. She shows how this resulted in a paradox, centralizing Islamic law at the same time that it limited its reach to family and ritual matters, and produced a transformation in the Muslim state, providing the frame within which Islam is articulated today, setting the agenda for ongoing legislation and policy, and defining the limits of change. Combining a genealogy of law with a political analysis of its institutional dynamics, this book offers an up-close look at the ways in which global transformations are realized at the local level.

Good Government and Law

Author : J. Faundez
Publisher : Springer
ISBN 13 : 1349252298
Total Pages : 291 pages
Book Rating : 4.3/5 (492 download)

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Book Synopsis Good Government and Law by : J. Faundez

Download or read book Good Government and Law written by J. Faundez and published by Springer. This book was released on 2016-07-27 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: The provision of legal technical assistance has in recent years become a major concern for international financial institutions, such as the World Bank, and for Western-based bilateral donor agencies. This book offers critical perspectives for the evaluation of legal technical assistance projects and contains proposals for action and research. Five chapters offer general perspectives on law, state and civil society and the remaining six case studies on themes such as economic regulation, agrarian reform, representation of women and access to justice.

The Law of Political Economy

Author : Poul F. Kjaer
Publisher : Cambridge University Press
ISBN 13 : 1108493114
Total Pages : 423 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis The Law of Political Economy by : Poul F. Kjaer

Download or read book The Law of Political Economy written by Poul F. Kjaer and published by Cambridge University Press. This book was released on 2020-04-23 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Political economy themes have - directly and indirectly - been a central concern of law and legal scholarship ever since political economy emerged as a concept in the early seventeenth century, a development which was re-inforced by the emergence of political economy as an independent area of scholarly enquiry in the eighteenth century, as developed by the French physiocrats. This is not surprising in so far as the core institutions of the economy and economic exchanges, such as property and contract, are legal institutions.In spite of this intrinsic link, political economy discourses and legal discourses dealing with political economy themes unfold in a largely separate manner. Indeed, this book is also a reflection of this, in so far as its core concern is how the law and legal scholarship conceive of and approach political economy issues"--

The Politics of Rights

Author : Stuart A. Scheingold
Publisher : University of Michigan Press
ISBN 13 : 0472025538
Total Pages : 277 pages
Book Rating : 4.4/5 (72 download)

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Book Synopsis The Politics of Rights by : Stuart A. Scheingold

Download or read book The Politics of Rights written by Stuart A. Scheingold and published by University of Michigan Press. This book was released on 2010-03-10 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: Stuart A. Scheingold's landmark work introduced a new understanding of the contribution of rights to progressive social movements, and thirty years later it still stands as a pioneering and provocative work, bridging political science and sociolegal studies. In the preface to this new edition, the author provides a cogent analysis of the burgeoning scholarship that has been built on the foundations laid in his original volume. A new foreword from Malcolm Feeley of Berkeley's Boalt Hall School of Law traces the intellectual roots of The Politics of Rights to the classic texts of social theory and sociolegal studies. "Scheingold presents a clear, thoughtful discussion of the ways in which rights can both empower and constrain those seeking change in American society. While much of the writing on rights is abstract and obscure, The Politics of Rights stands out as an accessible and engaging discussion." -Gerald N. Rosenberg, University of Chicago "This book has already exerted an enormous influence on two generations of scholars. It has had an enormous influence on political scientists, sociologists, and anthropologists, as well as historians and legal scholars. With this new edition, this influence is likely to continue for still more generations. The Politics of Rights has, I believe, become an American classic." -Malcolm Feeley, Boalt Hall School of Law, University of California, Berkeley, from the foreword Stuart A. Scheingold is Professor Emeritus of Political Science at the University of Washington.

The Politics Of Law

Author : David Kairys
Publisher : Basic Books
ISBN 13 : 0465024513
Total Pages : 752 pages
Book Rating : 4.4/5 (65 download)

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Book Synopsis The Politics Of Law by : David Kairys

Download or read book The Politics Of Law written by David Kairys and published by Basic Books. This book was released on 1998-05-09 with total page 752 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Politics of Law is the most widely read critique of the nature and role of the law in American society. This revised edition continues the book's concrete focus on the major subjects and fields of law. New essays on emerging fields and the latest trends and cases have been added to updated versions of the now-classic essays from earlier editions.A unique assortment of leading scholars and practitioners in law and related disciplines—political science, economics, sociology, criminology, history, and literature—raise basic questions about law, challenging long-held ideals like the separation of law from politics, economics, religion, and culture. They address such issues contextually and with a keen historical perspective as they explain and critique the law in a broad range of areas.This third edition contains essays on all of the subjects covered in the first year of law school while continuing the book's tradition of accessibility to non-law-trained readers. Insightful and powerful, The Politics of Law makes sense of the debates about judicial restraint and the range of legal controversies so central to American public life and culture.

Law and Politics

Author : Mauro Zamboni
Publisher : Springer Science & Business Media
ISBN 13 : 3540739262
Total Pages : 166 pages
Book Rating : 4.5/5 (47 download)

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Book Synopsis Law and Politics by : Mauro Zamboni

Download or read book Law and Politics written by Mauro Zamboni and published by Springer Science & Business Media. This book was released on 2007-10-25 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reconstructs and classifies, according to ideal-typical models, the different positions taken by the major contemporary legal theories as to whether and how law relates to politics. It presents a possible explanation as to why different legal theories, though often reaching diametric results, somehow must still begin from common basic points.

Law, Politics, and Society

Author : Suzanne Uttaro Samuels
Publisher : Wadsworth Publishing Company
ISBN 13 :
Total Pages : 456 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Law, Politics, and Society by : Suzanne Uttaro Samuels

Download or read book Law, Politics, and Society written by Suzanne Uttaro Samuels and published by Wadsworth Publishing Company. This book was released on 2006 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text studies the inextricable links between law, society, and politics through an in-depth examination of the institutions for law-making in the United States, focusing on the function, structure, and participants in the process. The institutions-oriented approach focuses on contemporary coverage of the interrelationship between law and society, and includes discussion of controversial topics, such as the influence of race, class, sex, and corporate governance on the law. Law, Politics, and Society also looks at the theoretical and philosophical foundations of American law and provides comparative and international perspectives. Diversity is embedded into each chapter within the readings—drawn from a broad range of interdisciplinary sources such as sociology, history, and medicine—as well as in activities, which encourage discussion about law and race, national origin, sex, and class. In addition, excellent coverage of how the law has changed since September 11, 2001 helps students understand these complex relationships in a tangible way. Popular Culture features use a series of photographs to help students understand how law both informs and is informed by popular culture. Law in Action features apply the concepts of each chapter to an actual law in order to illustrate the central point and to help students better understand theoretical concepts. Pedagogy throughout the text includes active learning exercises, and marginal and bold definitions.

Political Justice

Author : Otto Kirchheimer
Publisher : Princeton University Press
ISBN 13 : 1400878527
Total Pages : 467 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Political Justice by : Otto Kirchheimer

Download or read book Political Justice written by Otto Kirchheimer and published by Princeton University Press. This book was released on 2015-12-08 with total page 467 pages. Available in PDF, EPUB and Kindle. Book excerpt: How have regimes used the agencies of criminal justice for their own purposes? What characterizes the linkage of politics and justice? Drawing on a wealth of foreign and domestic source material, Otto Kirchheimer examines systematically the structure of state protection, the nature of a strictly "political" trial, including the trial by fiat of the successor regime, and the forms of legal repression that states have used against political organizations. He analyzes the Nuremberg trials, the Communist purge trials, and a number of Smith Act trials. In two highly original chapters he also explores the political and judicial nature of asylum and clemency. This study of the uneasy balance between abstract justice and political expediency is a contribution to constitutional and criminal law, political science, and social psychology. Originally published in 1961. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

The Politics of Law

Author : David Kairys
Publisher : Pantheon
ISBN 13 : 9780394711102
Total Pages : 340 pages
Book Rating : 4.7/5 (111 download)

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Book Synopsis The Politics of Law by : David Kairys

Download or read book The Politics of Law written by David Kairys and published by Pantheon. This book was released on 1982 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Law and the Politics of History

Author : Anne Orford
Publisher : Cambridge University Press
ISBN 13 : 1108480942
Total Pages : 395 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis International Law and the Politics of History by : Anne Orford

Download or read book International Law and the Politics of History written by Anne Orford and published by Cambridge University Press. This book was released on 2021-08-05 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the ideological, political, and economic stakes of struggles over international law's history and its relation to empire and capitalism.

On Law, Politics, and Judicialization

Author : Martin Shapiro
Publisher : OUP Oxford
ISBN 13 : 0191531375
Total Pages : 430 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis On Law, Politics, and Judicialization by : Martin Shapiro

Download or read book On Law, Politics, and Judicialization written by Martin Shapiro and published by OUP Oxford. This book was released on 2002-08-22 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: Across the globe, the domain of the litigator and the judge has radically expanded, making it increasingly difficult for those who study comparative and international politics, public policy and regulation, or the evolution of new modes of governance to avoid encountering a great deal of law and courts. In On Law, Politics, and Judicialization, two of the world's leading political scientists present the best of their research, focusing on how to build and test a social science of law and courts. The opening chapter features Shapiro's classic 'Political Jurisprudence,' and Stone Sweet's 'Judicialization and the Construction of Governance,' pieces that critically redefined research agendas on the politics of law and judging. Subsequent chapters take up diverse themes: the strategic contexts of litigation and judging; the discursive foundations of judicial power; the social logic of precedent and appeal; the networking of legal elites; the lawmaking dynamics of rights adjudication; the success and diffusion of constitutional review; the reciprocal impact of courts and legislatures; the globalization of private law; methods, hypothesis-testing, and prediction in comparative law; and the sources and consequences of the creeping 'judicialization of politics' around the world. Chosen empirical settings include the United States, the GATT-WTO, France and Germany, Imperial China and Islam, the European Union, and the transnational world of the Lex Mercatoria. Written for a broad, scholarly audience, the book is also recommended for use in graduate and advanced undergraduate courses in law and the social sciences.