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Legal Thought In The United States Of America Under Comtemporary Pressures
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Book Synopsis Lawmaking under Pressure by : Giovanni Mantilla
Download or read book Lawmaking under Pressure written by Giovanni Mantilla and published by Cornell University Press. This book was released on 2020-12-15 with total page 167 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Lawmaking under Pressure, Giovanni Mantilla analyzes the origins and development of the international humanitarian treaty rules that now exist to regulate internal armed conflict. Until well into the twentieth century, states allowed atrocious violence as an acceptable product of internal conflict. Why have states created international laws to control internal armed conflict? Why did states compromise their national security by accepting these international humanitarian constraints? Why did they create these rules at improbable moments, as European empires cracked, freedom fighters emerged, and fears of communist rebellion spread? Mantilla explores the global politics and diplomatic dynamics that led to the creation of such laws in 1949 and in the 1970s. By the 1949 Diplomatic Conference that revised the Geneva Conventions, most countries supported legislation committing states and rebels to humane principles of wartime behavior and to the avoidance of abhorrent atrocities, including torture and the murder of non-combatants. However, for decades, states had long refused to codify similar regulations concerning violence within their own borders. Diplomatic conferences in Geneva twice channeled humanitarian attitudes alongside Cold War and decolonization politics, even compelling reluctant European empires Britain and France to accept them. Lawmaking under Pressure documents the tense politics behind the making of humanitarian laws that have become touchstones of the contemporary international normative order. Mantilla not only explains the pressures that resulted in constraints on national sovereignty but also uncovers the fascinating international politics of shame, status, and hypocrisy that helped to produce the humanitarian rules now governing internal conflict.
Book Synopsis Legal Thoughts between the East and the West in the Multilevel Legal Order by : Chang-fa Lo
Download or read book Legal Thoughts between the East and the West in the Multilevel Legal Order written by Chang-fa Lo and published by Springer. This book was released on 2016-11-11 with total page 609 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the interaction and mutual influences between the East and the West in terms of their legal systems and practices. In this regard, it highlights Professor Herbert H.P. Ma’s achievements and his efforts to bring Eastern and Western legal concepts and systems closer together. The book shows that, while there have been convergences between different legal regimes in many fields of law, diverse legal practices and approaches rooted in differing cultural, social, political and philosophical backgrounds do remain, and that these differences are not necessarily negative elements in the contemporary legal order. By examining different levels of the legal order, including domestic, regional and multilateral, it goes on to argue that identifying these diversities and addressing the interactions and mutual influences between different regimes is a worthwhile undertaking, not only in terms of mutual enrichment, but also with regard to intensifying the degree of desirable coordination between different legal systems. All chapters were written by leading experts, practitioners and scholars from different jurisdictions with expertise in various fields of law and different levels of the legal order, and discuss a number of issues with particular focus on either “one-way” or mutual influences between the Eastern and the Western legal systems, practices and philosophies.
Book Synopsis American Comparative Law by : David S. Clark
Download or read book American Comparative Law written by David S. Clark and published by Oxford University Press. This book was released on 2022-09-02 with total page 585 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Historical Comparative Law and Comparative Legal History Legal history and comparative law overlap in important respects. This is more apparent with the use of some methods for comparison, such as legal transplant, natural law, or nation building. M.N.S. Sellers nicely portrayed the relationship. The past is a foreign country, its people strangers and its laws obscure.... No one can really understand her or his own legal system without leaving it first, and looking back from the outside. The comparative study of law makes one's own legal system more comprehensible, by revealing its idiosyncrasies. Legal history is comparative law without travel. Legal historians, perhaps especially in the United States, have been skeptical about the possibility of a fruitful comparative legal history, preferring in general to investigate the distinctiveness of their national experience. Comparatists, however, content with revealing or promoting similarities or differences between legal systems, by their nature strive toward comparison. Some American historians, especially since World War II, see the value in this"--
Book Synopsis American common law and the principle nullum crimen sine lege by : Stanislaw Pomorski
Download or read book American common law and the principle nullum crimen sine lege written by Stanislaw Pomorski and published by Walter de Gruyter. This book was released on 2012-05-02 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Legal Responses to International Terrorism by : M Cherif Bassiouni
Download or read book Legal Responses to International Terrorism written by M Cherif Bassiouni and published by Martinus Nijhoff Publishers. This book was released on 1988-10 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :Judicial Conference of the United States. Bicentennial Committee Publisher : ISBN 13 : Total Pages :704 pages Book Rating :4.3/5 (121 download)
Book Synopsis Judges of the United States by : Judicial Conference of the United States. Bicentennial Committee
Download or read book Judges of the United States written by Judicial Conference of the United States. Bicentennial Committee and published by . This book was released on 1983 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Legal Theory and the Legal Academy by : MaksymilianDel Mar
Download or read book Legal Theory and the Legal Academy written by MaksymilianDel Mar and published by Routledge. This book was released on 2017-07-05 with total page 732 pages. Available in PDF, EPUB and Kindle. Book excerpt: The third in a series of three volumes on Contemporary Legal Theory, this volume deals with four topics: 1) the role of legal theory in the legal curriculum; 2) the teaching of legal theory; 3) the relationship of legal theory to legal scholarship; and 4) the relationship of legal theory to comparative law. The focus of the first two topics is on the common law world, where the debates over the aims and proper place of legal theory in the study of law have traversed a good deal of ground since John Austin's 1828 lecture, 'The Uses and the Study of Jurisprudence.' These first two parts offer a selection of the most important papers, including surveys, as well as pedagogical viewpoints and particular course descriptions from analytical, critical, feminist, law-and-literature and global perspectives. The last three decades have seen just as many changes for legal scholarship and comparative law. These changes (such as the rise of empirical legal scholarship) have often attracted the attention of legal theorists. Within comparative law, the last thirty years have witnessed intense methodological reflection within the discipline; the results of these reflections are themselves properly recognised as legal theoretical contributions. The volume collects the key papers, including those by Neil MacCormick, Mark Van Hoecke, Andrew Halpin, William Ewald and Geoffrey Samuel.
Book Synopsis Taking the Stand by : Alan Dershowitz
Download or read book Taking the Stand written by Alan Dershowitz and published by Crown. This book was released on 2013-10-15 with total page 578 pages. Available in PDF, EPUB and Kindle. Book excerpt: #1 New York Times bestselling author Alan Dershowitz recounts his extraordinary coming of age in this legal autobiography, as well as the cases that have changed American jurisprudence over the past fifty years, most of which he has personally been involved in. “Overflowing with fascinating and funny vignettes involving his cases and clients, and probing and provocative insights into contemporary legal controversies.”—The Boston Globe Alan Dershowitz, the preeminent defense lawyer in America today, has been called the “winningest appellate criminal defense lawyer in history.” A professor at Harvard Law School since the age of twenty-five, he has led or been part of the defense team for such storied clients as Bill Clinton, Julian Assange, O. J. Simpson, Claus von Bülow, Mia Farrow, Jeffrey MacDonald, Patty Hearst, Mike Tyson, and countless others. In Taking the Stand, Dershowitz describes his evolution as a lawyer—from a C-minus student in Yeshiva High School to the youngest full professor in the history of Harvard Law School. In his #1 New York Times bestselling book Chutzpah, Alan described his Jewish life. In Taking the Stand, he looks at the people and events that have helped to shape his ideas about the law. He describes his formative years as a clerk for the United States Court of Appeals and the Supreme Court. In the course of his career, he confronts the challenges of First Amendment law, the ongoing tension between individual freedom and national security, the questionable science often employed to prosecute accused murderers, the evolution of civil rights—and why the abortion rights debate in society hasn’t moved forward since Roe v. Wade. Filled with unforgettable cases and inside legal “baseball,” Taking the Stand is a deeply personal account of one of the legendary legal minds of our time.
Book Synopsis Four Papers Presented at the Summer Institute on the Impact of the Envrionmental Sciences and the New Biology on Law Libraries by :
Download or read book Four Papers Presented at the Summer Institute on the Impact of the Envrionmental Sciences and the New Biology on Law Libraries written by and published by . This book was released on 1971 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Legal science, philosophy by : Jacques Havet
Download or read book Legal science, philosophy written by Jacques Havet and published by Walter de Gruyter GmbH & Co KG. This book was released on 2019-06-04 with total page 684 pages. Available in PDF, EPUB and Kindle. Book excerpt: No detailed description available for "Legal science, philosophy".
Book Synopsis A Lawyer's Handbook for Enforcing Foreign Judgments in the United States and Abroad by : Robert E. Lutz
Download or read book A Lawyer's Handbook for Enforcing Foreign Judgments in the United States and Abroad written by Robert E. Lutz and published by Cambridge University Press. This book was released on 2007 with total page 660 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher Description
Book Synopsis Precedent Inflation by : Susan W. Brenner
Download or read book Precedent Inflation written by Susan W. Brenner and published by Transaction Publishers. This book was released on with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: Precedents are decisions judges have issued in prior cases. In the common law, precedents are used to determine what the outcome of present cases should be, under the doctrine of "stare decisis, "which stipulates that new cases are resolved by applying legal rules developed in the process of deciding past cases. This volume postulates a relationship between the concept of legal precedent and the means that are used to make specific precedents available to the legal profession. The author concentrates specifically on the effect computer databases such as lexis and westlaw will have on the use of precedent in the common law. By tracing the history of law reporting, Professor Brenner demonstrates how the Anglo-American conception of precedent has altered over the past seven hundred years, and that these alterations reflect changes in the means used to distribute precedents. She explains why computers will become the primary means of disseminating precedents and describes the evolution and operation of the two on-line services that provide access to precedents by means of computer terminals and modems. These services--lexis and westlaw-- are operated by private entrepreneurs in the business of providing precedents to the legal profession. Arguing that such services will have a profound effect on the conception and use of precedent, Brenner provides an empirical study of both services to show the effects they have already had, and outlines the conception of precedent that will result from the use of computers as "law reporters." This, she believes, will be a quantitative conception in which judicial decisions will be used in a manner analogous to the use of quantitative data in scientific endeavors. This study, written with a brilliance often reserved for popular writing at its best, is unique in its application of sociology of knowledge principles to the analysis of law reporting in its examination of citations to approximately 25,000 judicial decisions. It will be of special interest to lawyers, sociologists, and policymakers.
Book Synopsis Barbara's Sales Inc. V. Intel Corporation by :
Download or read book Barbara's Sales Inc. V. Intel Corporation written by and published by . This book was released on 2006 with total page 122 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :Hans-Eric Rasmussen-Bonne Publisher :Verlag Recht und Wirtschaft ISBN 13 :9783800514373 Total Pages :544 pages Book Rating :4.5/5 (143 download)
Book Synopsis Balancing of interests by : Hans-Eric Rasmussen-Bonne
Download or read book Balancing of interests written by Hans-Eric Rasmussen-Bonne and published by Verlag Recht und Wirtschaft. This book was released on 2005 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Heart versus Head by : Peter Karsten
Download or read book Heart versus Head written by Peter Karsten and published by Univ of North Carolina Press. This book was released on 2000-11-09 with total page 690 pages. Available in PDF, EPUB and Kindle. Book excerpt: Challenging traditional accounts of the development of American private law, Peter Karsten offers an important new perspective on the making of the rules of common law and equity in nineteenth-century courts. The central story of that era, he finds, was a struggle between a jurisprudence of the head, which adhered strongly to English precedent, and a jurisprudence of the heart, a humane concern for the rights of parties rendered weak by inequitable rules and a willingness to create exceptions or altogether new rules on their behalf. Karsten first documents the tendency of jurists, particularly those in the Northeast, to resist arguments to alter rules of property, contract, and tort law. He then contrasts this tendency with a number of judicial innovations--among them the sanctioning of 'deep pocket' jury awards and the creation of the attractive-nuisance rule--designed to protect society's weaker members. In tracing the emergence of a pro-plaintiff, humanitarian jurisprudence of the heart, Karsten necessarily addresses the shortcomings of the reigning, economic-oriented paradigm regarding judicial rulemaking in nineteenth-century America. Originally published in 1997. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
Book Synopsis Logic and Experience by : William P. LaPiana
Download or read book Logic and Experience written by William P. LaPiana and published by Oxford University Press. This book was released on 1994-01-20 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 19th century saw dramatic changes in the legal education system in the United States. Before the Civil War, lawyers learned their trade primarily through apprenticeship and self-directed study. By the end of the 19th century, the modern legal education system which was developed primarily by Dean Christopher Langdell at Harvard was in place: a bachelor's degree was required for admission to the new model law school, and a law degree was promoted as the best preparation for admission to the bar. William P. LaPiana provides an in-depth study of the intellectual history of the transformation of American legal education during this period. In the process, he offers a revisionist portrait of Langdell, the Dean of Harvard Law School from 1870 to 1900, and the earliest proponent for the modern method of legal education, as well as portraying for the first time the opposition to the changes at Harvard.
Download or read book Roman Law written by A. Arthur Schiller and published by Walter de Gruyter. This book was released on 2011-05-02 with total page 645 pages. Available in PDF, EPUB and Kindle. Book excerpt:
