Legal Power and Legal Competence

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Publisher : Springer Nature
ISBN 13 : 3031285557
Total Pages : 312 pages
Book Rating : 4.0/5 (312 download)

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Book Synopsis Legal Power and Legal Competence by : Gonzalo Villa-Rosas

Download or read book Legal Power and Legal Competence written by Gonzalo Villa-Rosas and published by Springer Nature. This book was released on 2023-07-11 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the concepts of legal power and legal competence in fourteen original, cutting-edge chapters by leading legal theorists. Legal power and legal competence are major topics in jurisprudence, as they concern a range of practices, common to all modern legal systems, that empower individuals to bring about changes in the respective system by changing their own legal position or the legal positions of others. This compilation covers five broad themes. The chapters in the first section address open questions on the meaning of legal power and legal competence, while those in the second tackle problems regarding their normativity. The third section is devoted to specifically exploring the relationship between legal power and constitutive norms. The fourth focuses on the analysis of legal officials and legal offices, while the fifth and final section assesses various theories of legal power and legal competence.

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.

Concepts in Law

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Publisher : Springer Science & Business Media
ISBN 13 : 9048129826
Total Pages : 140 pages
Book Rating : 4.0/5 (481 download)

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Book Synopsis Concepts in Law by : Jaap C. Hage

Download or read book Concepts in Law written by Jaap C. Hage and published by Springer Science & Business Media. This book was released on 2009-08-24 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the last decades, legal theory has focused almost completely on norms, rules and arguments as the constitutive elements of law. Concepts were mostly neglected. The contributions to this volume try to remedy this neglect by elucidating the role concepts play in law from different perspectives. A main aim of this volume is to initiate a debate about concepts in law. Åke Frändberg gives an overview of the many different uses of concepts in law and shows amongst others that concepts in the law should not be confused with the role of concepts in descriptions of the law. Dietmar von der Pfordten criticizes the restriction to norms as parts of the law in contemporary legal theory by questioning what concepts are and what their function is, both in general and in legal conceptual schemes. Giovanni Sartor assumes the inferential analysis of meaning proposed by Alf Ross in his ground breaking paper Tû-tû and addresses the question how possession of a concept, including the rules defining it, is possible without endorsing these rules. Jaap Hage argues that 1. legal status words such as 'owner' have a meaning because they denote things or relations in institutional reality, 2. the meaning of these words consists in this denotation relation, 3. knowledge of this meaning presupposes knowledge of the rules governing these words. Torben Spaak contributes to this volume with an exemplary analysis of one of the most central concepts of the law, namely that of a legal power. Lorenz Kähler discusses the role of concepts in determining the scope of application of legal rules and raises from this perspective the question to what extent legal concept formation can be arbitrary. Ralf Poscher argues that as soon as a concept is used in stating the law, the precise scope of application of this concept has become a legal matter. This means that the use of ‘moral’ concepts in the law does not automatically lead to a moral import into the law. Dennis Patterson holds that Hart’s concept of law can be understood as a so-called ‘practice theory’ and provides an overview of such a theory.

Competence and Vulnerability in Biomedical Research

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Publisher : Springer Science & Business Media
ISBN 13 : 1402086040
Total Pages : 244 pages
Book Rating : 4.4/5 (2 download)

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Book Synopsis Competence and Vulnerability in Biomedical Research by : Philip Bielby

Download or read book Competence and Vulnerability in Biomedical Research written by Philip Bielby and published by Springer Science & Business Media. This book was released on 2008-09-16 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Enhanced knowledge of the nature and causes of mental disorder have led increasingly to a need for the recruitment of ‘cognitively vulnerable’ participants in biomedical research. These individuals often fall into the ‘grey area’ between obvious decisional competence and obvious decisional incompetence and, as a result, may not be recognised as having the legal capacity to make such decisions themselves. At the core of the ethical debate surrounding the participation of cognitively vulnerable individuals in research is when, if at all, we should judge them decisionally and legally competent to consent to or refuse research participation on their own behalf and when they should be judged incompetent in this respect. In this book, the author develops a novel justificatory framework for making judgments of decisional competence to consent to biomedical research with reference to five groups of cognitively vulnerable individuals - older children and adolescents, adults with intellectual disabilities, adults with depression, adults with schizophrenia and adults with dementia, including Alzheimer’s disease. Using this framework, the author argues that we can make morally defensible judgments about the competence or incompetence of a potential participant to give contemporaneous consent to research by having regard to whether a judgment of competence would be more harmful to the ‘generic rights’ of the potential participant than a judgment of incompetence. The argument is also used to justify an account of supported decision-making in research, and applied to evaluate the extent to which this approach is evident in existing ethical guidelines and legal provisions. The book will be of interest to bioethicists as well as psychiatrists and academic medical lawyers interested in normative questions raised by the concepts of competence and capacity.

Legal Validity

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Publisher : Bloomsbury Publishing
ISBN 13 : 150990428X
Total Pages : 197 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Legal Validity by : Maris Köpcke

Download or read book Legal Validity written by Maris Köpcke and published by Bloomsbury Publishing. This book was released on 2019-01-24 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: Critical human interests are affected on a daily basis by appeal to past decisions deemed to be 'legally valid'. They include statutes, deportation orders, judgments, mortgage contracts, patents and wills. Through the technique of validity, lawyerly reasoning settles morally pressing matters in a way that largely bypasses moral argument. Legal philosophy has paid considerable attention to validity criteria, but it has neglected to explore validity's point: whether, and if so how, the pervasive technique of validity can contribute to a legal system's ability to realise justice and human rights. This book shows that validity can help a political community to foster justice precisely because validity does not primarily turn on moral considerations. Validity serves to both allocate, and limit, a distinct kind of power, a power that is key to forging valuable forms of enterprise and commitment in pursuit of individual and collective self-direction. By entrusting the capacity to decide to those who, in justice, ought to bear it, validity can enable persons and institutions to rally the resources and opportunities that only large-scale behavioural convergence can afford, thereby weaving a fabric of just relationships within the systemic framework of law.

The Passivity of Law

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Publisher : Springer Science & Business Media
ISBN 13 : 9400710348
Total Pages : 181 pages
Book Rating : 4.4/5 (7 download)

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Book Synopsis The Passivity of Law by : Luigi Corrias

Download or read book The Passivity of Law written by Luigi Corrias and published by Springer Science & Business Media. This book was released on 2011-04-14 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the heart of this book, a question: what to make of the creeping competences of the EU and of the role the European Court of Justice plays in this respect? Taking the implied powers doctrine as its starting point, the hypothesis is that it shows what is ultimately at stake in the concept of legal competence: the problem of creation in law, or the relationship between constituent and constituted power. By rethinking this relationship, a new conceptual framework to make sense of creeping competences is designed. For this, the work of Maurice Merleau-Ponty is used. Tracing back the philosophical roots of creation, legal constitution is understood as constitution in passivity. This leads to a whole new interpretation of the relationship between law and politics, rule following, authority, competences and European integration. From this perspective specific chapters in the case law of the European Court of Justice are reread and the logic behind the competence creep is unmasked. new back cover copy: Europe’s constitutional journey has not been a smooth one, and a better division and definition of competence in the European Union is a key issue that needs to be addressed. How can the division of competence be made more transparent? Does there need to be a reorganization of competence? How can it be ensured that the redefined division of competence will not lead to a creeping expansion of the competence of the Union or to encroachment upon the exclusive areas of competence of the Member States and, where there is provision, regions? And how can it be ensured that the European dynamic does not come to a halt? Indeed, has the creeping expansion of the competence of the Union already come to a halt? These are the questions this book explores. The Passivity of Law: Competence and Constitution in the European Court of Justice opens with a legal account of competence creep, including the role that the European Court of Justice plays in it and a sketch of the present division of competences and the main principles regulating it. It then discusses the relationship between constituent power and constituted or constitutional power from the viewpoint of the history of constitutional history before offering an alternative theory of their relationship, known as “chiastic theory,” which is based on the philosophical investigations of Merleau-Ponty. It details how chiastic theory can be used to make sense of the Court’s role in the competence creep in general and the doctrine of implied powers in particular, and it utilizes several case studies concerning competences to sustain this claim. Aimed at researchers and practitioners in Philosophy, Phenomenology, Political Science, the Social Sciences and numerous fields of law, this monograph is a seminal work in the evolving theory and practice of EU law.

The Concept of Legal Competence

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Author :
Publisher : Dartmouth Publishing Group
ISBN 13 :
Total Pages : 216 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Concept of Legal Competence by : Torben Spaak

Download or read book The Concept of Legal Competence written by Torben Spaak and published by Dartmouth Publishing Group. This book was released on 1994 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explains the concept of legal competence (or power). This book then discusses the analysis and definition of legal concepts in general; the relation between the concept of competence and (in)validity; what it means to exercise competence; different types of competence; and competence norms.

Theory of Legal Personhood

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Publisher : Oxford University Press
ISBN 13 : 0198844034
Total Pages : 241 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Theory of Legal Personhood by : Visa A. J. Kurki

Download or read book Theory of Legal Personhood written by Visa A. J. Kurki and published by Oxford University Press. This book was released on 2019 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Présentation de l'éditeur: "This work offers a new theory of what it means to be a legal person and suggests that it is best understood as a cluster property. The book explores the origins of legal personhood, the issues afflicting a traditional understanding of the concept, and the numerous debates surrounding the topic."

Outsourcing Legal Aid in the Nordic Welfare States

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Publisher : Springer
ISBN 13 : 3319466844
Total Pages : 345 pages
Book Rating : 4.3/5 (194 download)

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Book Synopsis Outsourcing Legal Aid in the Nordic Welfare States by : Olaf Halvorsen Rønning

Download or read book Outsourcing Legal Aid in the Nordic Welfare States written by Olaf Halvorsen Rønning and published by Springer. This book was released on 2017-12-21 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is open access under a CC BY 4.0 license. This edited collection provides a comprehensive analysis of the differences and similarities between civil legal aid schemes in the Nordic countries whilst outlining recent legal aid transformations in their respective welfare states. Based on in-depth studies of Norway, Sweden, Finland, Denmark, and Iceland, the authors compare these cases with legal aid in Europe and the US to examine whether a single, unique Nordic model exists. Contextualizing Nordic legal aid in relation to welfare ideology and human rights, Hammerslev and Halvorsen Rønning consider whether flaws in the welfare state exist, and how legal aid affects disadvantaged citizens. Concluding that the five countries all have very different legal aid schemes, the authors explore an important general trend: welfare states increasingly outsourcing legal aid to the market and the third sector through both membership organizations and smaller voluntary organizations. A methodical and compassionate text, this book will be of special interest to scholars and students of the criminal justice, the welfare state, and the legal aid system.

Law and Justice

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Publisher : Univ of California Press
ISBN 13 :
Total Pages : 402 pages
Book Rating : 4./5 ( download)

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Book Synopsis Law and Justice by : Honoré Daumier

Download or read book Law and Justice written by Honoré Daumier and published by Univ of California Press. This book was released on 1959 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: A handsomely produced collection of plates by Daumier that originally appeared in the "Charivari" between 1845 and 1848 of judges, lawyers, their clients and other gentlemen of the Law and Justice. The quality of the reproductions in this printing were so good that the publishers altered their size so no that no claims of forgery could be made

New Essays on the Nature of Rights

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509910158
Total Pages : 255 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis New Essays on the Nature of Rights by : Mark McBride

Download or read book New Essays on the Nature of Rights written by Mark McBride and published by Bloomsbury Publishing. This book was released on 2017-08-24 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: This original collection of jurisprudential essays furthers our understanding of the nature of rights. In Part 1, Halpin considers the value of Hohfeldian neutrality when theorising about law in general, and legal rights in particular, and Kurki focuses on Hohfeld's operative notion of power. In Part 2, Kramer rebuts Wenar's objections to his Interest Theory of rights, and May provides a comparative defence of the Interest Theory against Wenar's Kind-Desire theory of claim-rights. Penner then pursues legal doctrine, focusing on whether judges hold the powers of their office as rights, an issue over which Wenar and Kramer have clashed. Sreenivasan, utilising a novel test case involving pure public goods, argues that the third party beneficiary objection to the Interest Theory is fatal. McBride builds on Sreenivasan's Hybrid Theory of claim-rights to construct his new Tracking Theory of rights. Cruft then argues that the best extant versions of the Interest and Will Theories of rights cannot avoid a form of circularity, and Van Duffel argues that meeting four adequacy constraints, which he proposes, counts in favour of any theory of rights. In Part 3, Andersson proposes a tie breaking procedure for rights conflicts in the applied realm of politics, and Steiner concludes by alleging that Kant's principle of right, a standard of corrective justice, has distributive implications. 'A fine collection of cutting-edge essays on the most important normative concept of modernity.' Professor Leif Wenar, King's College London 'This important collection proceeds much beyond the famous 1998 A Debate Over Rights which sets the stage for the debates concerning rights since then. It explores three aspects of rights. First it re-examines the Hohfeldian classification and highlights its importance and relevance. Second it investigates and develops the debates between the interest and the will theory. It includes essays by the main established proponents of these two positions as well as essays by newcomers to this field. The different essays in this part address each other in ways which sharpen and clarify the disagreements and provide new original arguments for the contending views. Last, it provides a new perspective on the debates concerning conflicts of rights and the ways to overcome them. This collection will no doubt dominate the future conceptual discussions concerning the nature of rights and their role in political theory.' Professor Alon Harel, The Hebrew University of Jerusalem

Law for Computer Scientists and Other Folk

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Publisher : Oxford University Press
ISBN 13 : 0198860870
Total Pages : 341 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Law for Computer Scientists and Other Folk by : Mireille Hildebrandt

Download or read book Law for Computer Scientists and Other Folk written by Mireille Hildebrandt and published by Oxford University Press. This book was released on 2020 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book introduces law to computer scientists and other folk. Computer scientists develop, protect, and maintain computing systems in the broad sense of that term, whether hardware (a smartphone, a driverless car, a smart energy meter, a laptop, or a server), software (a program, an application programming interface or API, a module, code), or data (captured via cookies, sensors, APIs, or manual input). Computer scientists may be focused on security (e.g. cryptography), or on embedded systems (e.g. the Internet of Things), or on data science (e.g. machine learning). They may be closer to mathematicians or to electrical or electronic engineers, or they may work on the cusp of hardware and software, mathematical proofs and empirical testing. This book conveys the internal logic of legal practice, offering a hands-on introduction to the relevant domains of law, while firmly grounded in legal theory. It bridges the gap between two scientific practices, by presenting a coherent picture of the grammar and vocabulary of law and the rule of law, geared to those with no wish to become lawyers but nevertheless required to consider the salience of legal rights and obligations. Simultaneously, this book will help lawyers to review their own trade. It is a volume on law in an onlife world, presenting a grounded argument of what law does (speech act theory), how it emerged in the context of printed text (philosophy of technology), and how it confronts its new, data-driven environment. Book jacket.

Conceptual Modeling

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Publisher : Springer Nature
ISBN 13 : 3031179951
Total Pages : 446 pages
Book Rating : 4.0/5 (311 download)

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Book Synopsis Conceptual Modeling by : Jolita Ralyté

Download or read book Conceptual Modeling written by Jolita Ralyté and published by Springer Nature. This book was released on 2022-10-10 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book constitutes the refereed proceedings of the 41st International Conference on Conceptual Modeling, ER 2022, held in Hyderabad, India, in October 2022. The 19 full and 11 short papers were carefully reviewed and selected from 82 submissions. The papers are organzed in the following topical sections: ​foundations of conceptual modeling; ontologies and their applications; applications of conceptual modeling; data modeling and analysis; business process; quality and performance; security, privacy and risk management; goals and requirements.

On Law and Justice

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Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 1584774886
Total Pages : 396 pages
Book Rating : 4.5/5 (847 download)

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Book Synopsis On Law and Justice by : Alf Ross

Download or read book On Law and Justice written by Alf Ross and published by The Lawbook Exchange, Ltd.. This book was released on 2004 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ross, Alf. On Law and Justice. Berkeley: University of California Press, 1959. xi, 383 pp. Reprint available December 2004 by the Lawbook Exchange, Ltd. ISBN 1-58477-488-6. Cloth. $90. * In this influential and oft-cited study Ross discounted the theories of natural law, positivism and legal realism. In their stead, he proposed the abandonment of "ought-propositions" for the "is-propositions" employed by other empirical sciences, thereby envisioning lawyers that serve merely as "rational technologists." Less bound by tradition, and traditional notions of justice, jurisprudence then becomes "not only a beautiful mental activity per se, but also an instrument which may benefit any lawyer who wants to understand what he is doing and why" (Preface).

Emergencies in Public Law

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Publisher : Cambridge University Press
ISBN 13 : 1107123844
Total Pages : 339 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Emergencies in Public Law by : Karin Loevy

Download or read book Emergencies in Public Law written by Karin Loevy and published by Cambridge University Press. This book was released on 2016-03-11 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book challenges the traditional framing of emergency powers as 'exceptions' by illustrating their long-term legal and political effects.

Written Constitutions

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Publisher : BRILL
ISBN 13 : 9789028609181
Total Pages : 358 pages
Book Rating : 4.6/5 (91 download)

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Book Synopsis Written Constitutions by : H. Th. J. F. van Maarseveen

Download or read book Written Constitutions written by H. Th. J. F. van Maarseveen and published by BRILL. This book was released on 1978-11-21 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Theory of Legal Science

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Publisher : Springer Science & Business Media
ISBN 13 : 9400964811
Total Pages : 698 pages
Book Rating : 4.4/5 (9 download)

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Book Synopsis Theory of Legal Science by : Aleksander Peczenik

Download or read book Theory of Legal Science written by Aleksander Peczenik and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 698 pages. Available in PDF, EPUB and Kindle. Book excerpt: Proceedings of the Conference on Legal Theory and Philosophy of Science, Lund, Sweden, December 11-14, 1983