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Legitimating The Law
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Book Synopsis Law and Irresponsibility by : Scott Veitch
Download or read book Law and Irresponsibility written by Scott Veitch and published by Routledge. This book was released on 2007-11-14 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law is often thought to be primarily concerned with organising responsibility by creating and imposing various obligations. This book offers a contrasting view - namely that legal institutions, through their practices, concepts and categories, in fact deflect responsibility, instead promoting an irresponsibility of sorts. This stance challenges the conventional way in which the law and its bodies have been consistently viewed.
Book Synopsis Legitimating the Law by : John Phillip Reid
Download or read book Legitimating the Law written by John Phillip Reid and published by Cornell University Press. This book was released on 2012-06-15 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: John Phillip Reid is one of the most highly regarded historians of law as it was practiced on the state level in the nascent United States. He is not just the recipient of numerous honors for his scholarship but the type of historian after whom such accolades are named: the John Phillip Reid Award is given annually by the American Society for Legal History to the author of the best book by a mid-career or senior scholar. Legitimating the Law is the third installment in a trilogy of books by Reid that seek to extend our knowledge about the judicial history of the early republic by recounting the development of courts, laws, and legal theory in New Hampshire. Here Reid turns his eye toward the professionalization of law and the legitimization of legal practices in the Granite State—customs and codes of professional conduct that would form the basis of judiciaries in other states and that remain the cornerstone of our legal system to this day throughout the US. Legitimating the Law chronicles the struggle by which lawyers and torchbearers of strong, centralized government sought to bring standards of competence to New Hampshire through the professionalization of the bench and the bar—ambitions that were fought vigorously by both Jeffersonian legislators and anti-Federalists in the private sector alike, but ultimately to no avail.
Book Synopsis The Cambridge Companion to International Law by : James Crawford
Download or read book The Cambridge Companion to International Law written by James Crawford and published by Cambridge University Press. This book was released on 2012-01-26 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: A concise, intellectually rigorous and politically and theoretically informed introduction to the context, grammar, techniques and projects of international law.
Book Synopsis Law and Irresponsibility by : Scott Veitch
Download or read book Law and Irresponsibility written by Scott Veitch and published by Routledge. This book was released on 2007-11-14 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law is widely assumed to provide contemporary society with its most important means of organizing responsibility. Across a broad range of areas of social life – from the activities of states and citizens, to work, business and private relationships – it is understood that legal regulation plays a crucial role in defining and limiting responsibilities. But Law and Irresponsibility pursues the opposite view: it explores how law organizes irresponsibility. With a particular focus on large-scale harms – including extensive human rights violations, forms of colonialism, and environmental or nuclear devastation – this book analyzes the ways in which law legitimates human suffering by demonstrating how legal institutions operate as much to deflect responsibility for harms suffered as to acknowledge them. Drawing on a series of case studies, it shows not only how law facilitates the dispersal and disavowal of responsibility, but how it does so in consistent and patterned ways. Irresponsibility is organized, and its organization is traced here to the legal forms, and the social and political conditions, that sustain ‘our’ complicity in human suffering. This innovative and interdisciplinary book provides a radical challenge to conventional thinking about law and legal institutions. It will be of considerable interest to those working in law, political and legal theory, sociology and moral philosophy.
Download or read book Legitimacy written by Wojciech Sadurski and published by Oxford University Press. This book was released on 2019-03-28 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditionally, legitimacy has been associated exclusively with states. But are states actually legitimate? And in light of the legalization of international norms why should discussions of legitimacy focus only on the nation-state? The essays in this collection examine the nature of legitimacy, the legitimacy of the state, and the legitimacy of supranational institutions. The collection begins by asking: What sort of problem is legitimacy? Part I considers competing theories, in particular the work of John Rawls. Part II looks at the legitimacy of state apparatus, its institutions, officials, and the rule of law, and the future of state sovereignty. Part III expands the scope of legitimacy beyond the state to supranational institutions and international law. Written by theorists of considerable standing, the essays in this volume will be of interest to students and scholars of law, politics, and philosophy looking for ways of approaching the problem of how extra-territorial affairs affect a state's written and unwritten agreements with its citizens in a world where laws and norms with legal effect are increasingly made beyond the state.
Book Synopsis Law and Legitimacy by : Per Andersen
Download or read book Law and Legitimacy written by Per Andersen and published by Djoef Publishing. This book was released on 2015-06-16 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: In many ways, the crucial point about law is the question of whether the law is legitimate, as this ensures that the citizens of a society (voluntarily) obey the law. This book is an anthology arising from an interdisciplinary investigation into the relationship between law and legitimacy. The collection offers a variety of new perspectives and discusses a range of issues, including the legitimacy of the international criminal court, the EU's regulation of smoking and tobacco, and the protection of consumers. The book's contributors draw not only on legal sources in their investigations, but also on philosophy, history, and sociology for a truly interdisciplinary approach. Contents include: Introduction to Law and Legitimacy * From Jean Bodin to Michael Boss: On Legitimacy and Legitimacy Crises in a Historical Perspective * In the Name of the Law: How Consistency Can Enhance Legal Legitimacy * The International Criminal Court and the Legitimacy of Exercise * Towards Legitimacy in Above-National Rule-Making: Procentralization in Multi-Stakeholder Public Regulation * Consumer Protection and the Internal Market * In Search of Legitimacy in Regulating Tobacco and Smoking. [Subject: Law, Legal Philosophy]
Book Synopsis The Law of Legitimation by Subsequent Marriage by : Erasmus Robertson
Download or read book The Law of Legitimation by Subsequent Marriage written by Erasmus Robertson and published by . This book was released on 1829 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Legitimacy of International Human Rights Regimes by : Andreas Føllesdal
Download or read book The Legitimacy of International Human Rights Regimes written by Andreas Føllesdal and published by Cambridge University Press. This book was released on 2014 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book traverses the disciplines of law, political philosophy and international relations in assessing the normative legitimacy of international human rights regimes.
Book Synopsis Between Facts and Norms by : Jürgen Habermas
Download or read book Between Facts and Norms written by Jürgen Habermas and published by John Wiley & Sons. This book was released on 2015-10-08 with total page 636 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is Habermas's long awaited work on law, democracy and the modern constitutional state in which he develops his own account of the nature of law and democracy.
Book Synopsis Legitimacy in International Law by : Rüdiger Wolfrum
Download or read book Legitimacy in International Law written by Rüdiger Wolfrum and published by Springer Science & Business Media. This book was released on 2008-02-26 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: There has been intense debate in recent times over the legitimacy or otherwise of international law. This book contains fresh perspectives on these questions, offered at an international and interdisciplinary conference hosted by the Max Planck Institute for Comparative Law and International Law. At issue are questions including, for example, whether international law lacks legitimacy in general and whether international law or a part of it has yielded to the facts of power.
Book Synopsis Legitimation as Political Practice by : Kathy Dodworth
Download or read book Legitimation as Political Practice written by Kathy Dodworth and published by Cambridge University Press. This book was released on 2022-05-19 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: A radical, interdisciplinary reworking of legitimation, using ethnographic insights to explore everyday non-state authority in Tanzania.
Book Synopsis Legitimation Crisis by : Juergen Habermas
Download or read book Legitimation Crisis written by Juergen Habermas and published by Beacon Press. This book was released on 1975-08-25 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: Critical Theory originated in the perception by a group of German Marxists after the First World War that the Marxist analysis of capitalism had become deficient both empirically and with regard to its consequences for emancipation, and much of their work has attempted to deepen and extend it in new circumstances. Yet much of this revision has been in the form of piecemeal modification. In his latest work, Habermas has returned to the study of capitalism, incorporating the distinctive modifications of the Frankfurt School into the foundations of the critique of capitalism. Drawing on both systems theory and phenomenological sociology as well as Marxism, the author distinguishes four levels of capitalist crisis - economic, rationality, legitimation, and motivational crises. In his analysis, all the Frankfurt focus on cultural, personality, and authority structures finds its place, but in a systematic framework. At the same time, in his sketch of communicative ethics as the highest stage in the internal logic of the evolution of ethical systems, the author hints at the source of a new political practice that incorporates the imperatives of evolutionary rationality.
Book Synopsis Waitangi and Indigenous Rights by : F. M. Brookfield
Download or read book Waitangi and Indigenous Rights written by F. M. Brookfield and published by . This book was released on 2006 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: This landmark study examines issues surrounding New Zealand's Treaty of Waitangi, focusing on recent Fiji revolutions and indigenous customary rights to the seabed and foreshore. In this revised edition, the author approaches these complex and controversial matters with a careful, thorough, and principled approach while dealing with the broad constitutional issues and responding to comments made by other scholars. This study will serve as an essential tool for those working in the area and for those engaged in this contemporary debate.
Book Synopsis Legitimating the Illegitimate by : Stanley B. Greenberg
Download or read book Legitimating the Illegitimate written by Stanley B. Greenberg and published by Univ of California Press. This book was released on 2023-04-28 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1987.
Book Synopsis The Heart of Human Rights by : Allen Buchanan
Download or read book The Heart of Human Rights written by Allen Buchanan and published by Oxford University Press. This book was released on 2013-10-23 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first attempt to provide an in-depth moral assessment of the heart of the modern human rights enterprise: the system of international legal human rights. It is international human rights law--not any philosophical theory of moral human rights or any "folk" conception of moral human rights--that serves as the lingua franca of modern human rights practice. Yet contemporary philosophers have had little to say about international legal human rights. They have tended to assume, rather than to argue, that international legal human rights, if morally justified, must mirror or at least help realize moral human rights. But this assumption is mistaken. International legal human rights, like many other legal rights, can be justified by several different types of moral considerations, of which the need to realize a corresponding moral right is only one. Further, this volume shows that some of the most important international legal human rights cannot be adequately justified by appeal to corresponding moral human rights. The problem is that the content of these international legal human rights--the full set of correlative duties--is much broader than can be justified by appealing to the morally important interests of any individual. In addition, it is necessary to examine the legitimacy of the institutions that create, interpret, and implement international human rights law and to defend the claim that international human rights law should "trump" the domestic law of even the most admirable constitutional democracies.
Book Synopsis The Democratic Legitimacy of International Law by : Steven Wheatley
Download or read book The Democratic Legitimacy of International Law written by Steven Wheatley and published by Bloomsbury Publishing. This book was released on 2010-06-02 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: The objective of this work is to restate the requirements of democratic legitimacy in terms of the deliberative ideal developed by Jürgen Habermas, and apply the understanding to the systems of global governance. The idea of democracy requires that the people decide, through democratic procedures, all policy issues that are politically decidable. But the state is not a voluntary association of free and equal citizens; it is a construct of international law, and subject to international law norms. Political self-determination takes places within a framework established by domestic and international public law. A compensatory form of democratic legitimacy for inter-state norms can be established through deliberative forms of diplomacy and a requirement of consent to international law norms, but the decline of the Westphalian political settlement means that the two-track model of democratic self-determination is no longer sufficient to explain the legitimacy and authority of law. The emergence of non-state sites for the production of global norms that regulate social, economic and political life within the state requires an evaluation of the concept of (international) law and the (legitimate) authority of non-state actors. Given that states retain a monopoly on the coercive enforcement of law and the primary responsibility for the guarantee of the public and private autonomy of citizens, the legitimacy and authority of the laws that regulate the conditions of social life should be evaluated by each democratic state. The construction of a multiverse of democratic visions of global governance by democratic states will have the practical consequence of democratising the international law order, providing democratic legitimacy for international law.
Download or read book Michigan Law Review written by and published by . This book was released on 1926 with total page 942 pages. Available in PDF, EPUB and Kindle. Book excerpt:
