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Author : GRAEME. MEW
Publisher :
ISBN 13 : 9780433505907
Total Pages : 0 pages
Book Rating : 4.5/5 (59 download)
Download or read book LAW OF LIMITATIONS. written by GRAEME. MEW and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Adrian Vermeule
Publisher : Oxford University Press
ISBN 13 : 0199745153
Total Pages : 220 pages
Book Rating : 4.1/5 (997 download)
Download or read book Law and the Limits of Reason written by Adrian Vermeule and published by Oxford University Press. This book was released on 2008-12-23 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human reason is limited. Given the scarcity of reason, how should the power to make constitutional law be allocated among legislatures, courts and the executive, and how should legal institutions be designed? In Law and the Limits of Reason, Adrian Vermeule denies the widespread view, stemming from Burke and Hayek, that the limits of reason counsel in favor of judges making "living" constitutional law in the style of the common law. Instead, he proposes and defends a "codified constitution" - a regime in which legislatures have the primary authority to develop constitutional law over time, through statutes and constitutional amendments. Vermeule contends that precisely because of the limits of human reason, large modern legislatures, with their numerous and highly diverse memberships and their complex internal structures for processing information, are the most epistemically effective lawmaking institutions.
Author : Ruth L. Okediji
Publisher : Cambridge University Press
ISBN 13 : 1107132371
Total Pages : 543 pages
Book Rating : 4.1/5 (71 download)
Download or read book Copyright Law in an Age of Limitations and Exceptions written by Ruth L. Okediji and published by Cambridge University Press. This book was released on 2017-03-30 with total page 543 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, leading scholars analyze the important role played by copyright exceptions in economic and cultural productivity.
Author : Erik Claes
Publisher : Springer Science & Business Media
ISBN 13 : 3540798560
Total Pages : 540 pages
Book Rating : 4.5/5 (47 download)
Download or read book Facing the Limits of the Law written by Erik Claes and published by Springer Science & Business Media. This book was released on 2009-04-21 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many legal experts no longer share an unbounded trust in the potential of law to govern society efficiently and responsibly. They often experience the 'limits of the law', as they are confronted with striking inadequacies in their legal toolbox, with inner inconsistencies of the law, with problems of enforcement and obedience, and with undesired side-effects, and so on. The contributors to this book engage in the challenging task of making sense of this experience. Against the background of broader cultural transformations (such as globalisation, new technologies, individualism and cultural diversity), they revisit a wide range of areas of the law and map different types of limits in relation to some basic functions and characteristics of the law. Additionally, they offer a set of strategies to manage justifiably law's limits, such as dedramatising law's limits, conceptual refinement ('constructivism'), striking the right balance between different functions of the law, seeking for complementarity between law and other social practices.
Author : Douglas Husak
Publisher : Oxford University Press
ISBN 13 : 0198043996
Total Pages : 244 pages
Book Rating : 4.1/5 (98 download)
Download or read book Overcriminalization written by Douglas Husak and published by Oxford University Press. This book was released on 2008-01-08 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States today suffers from too much criminal law and too much punishment. Husak describes the phenomena in some detail and explores their relation, and why these trends produce massive injustice. His primary goal is to defend a set of constraints that limit the authority of states to enact and enforce penal offenses. The book urges the weight and relevance of this topic in the real world, and notes that most Anglo-American legal philosophers have neglected it. Husak's secondary goal is to situate this endeavor in criminal theory as traditionally construed. He argues that many of the resources to reduce the size and scope of the criminal law can be derived from within the criminal law itself-even though these resources have not been used explicitly for this purpose. Additional constraints emerge from a political view about the conditions under which important rights such as the right implicated by punishment-may be infringed. When conjoined, these constraints produce what Husak calls a minimalist theory of criminal liability. Husak applies these constraints to a handful of examples-most notably, to the justifiability of drug proscriptions.
Author : Jack L. Goldsmith
Publisher : Oxford University Press
ISBN 13 : 0199883378
Total Pages : 271 pages
Book Rating : 4.1/5 (998 download)
Download or read book The Limits of International Law written by Jack L. Goldsmith and published by Oxford University Press. This book was released on 2005-02-03 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law is much debated and discussed, but poorly understood. Does international law matter, or do states regularly violate it with impunity? If international law is of no importance, then why do states devote so much energy to negotiating treaties and providing legal defenses for their actions? In turn, if international law does matter, why does it reflect the interests of powerful states, why does it change so often, and why are violations of international law usually not punished? In this book, Jack Goldsmith and Eric Posner argue that international law matters but that it is less powerful and less significant than public officials, legal experts, and the media believe. International law, they contend, is simply a product of states pursuing their interests on the international stage. It does not pull states towards compliance contrary to their interests, and the possibilities for what it can achieve are limited. It follows that many global problems are simply unsolvable. The book has important implications for debates about the role of international law in the foreign policy of the United States and other nations. The authors see international law as an instrument for advancing national policy, but one that is precarious and delicate, constantly changing in unpredictable ways based on non-legal changes in international politics. They believe that efforts to replace international politics with international law rest on unjustified optimism about international law's past accomplishments and present capacities.
Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)
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.
Author : Shyamkrishna Balganesh
Publisher : Cambridge University Press
ISBN 13 : 1108670873
Total Pages : 719 pages
Book Rating : 4.1/5 (86 download)
Download or read book The Cambridge Handbook of Copyright Limitations and Exceptions written by Shyamkrishna Balganesh and published by Cambridge University Press. This book was released on 2021-01-07 with total page 719 pages. Available in PDF, EPUB and Kindle. Book excerpt: While copyright law is ordinarily thought to consist primarily of exclusive rights, the regime's various exemptions and immunities from liability for copyright infringement form an integral part of its functioning, and serve to balance copyright's grant of a private benefit to authors/creators with the broader public interest. With contributors from all over the world, this handbook offers a systematic, thorough study of copyright limitations and exceptions adopted in major jurisdictions, including the United States, the European Union, and China. In addition to providing justifications for these limitations, the chapters compare differences and similarities that exist in major jurisdictions and offer suggestions about how to improve the enforcement of copyright limitations domestically and globally. This work should appeal to scholars, policymakers, attorneys, teachers, judges, and students with an interest in the theories, policies, and doctrines of copyright law.
Author : Amy Swiffen
Publisher : Routledge
ISBN 13 : 1317602102
Total Pages : 274 pages
Book Rating : 4.3/5 (176 download)
Download or read book Legal Violence and the Limits of the Law written by Amy Swiffen and published by Routledge. This book was released on 2017-08-10 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the meaning of punishment today? Where is the limit that separates it from the cruel and unusual? In legal discourse, the distinction between punishment and vengeance—punishment being the measured use of legally sanctioned violence and vengeance being a use of violence that has no measure—is expressed by the idea of "cruel and unusual punishment." This phrase was originally contained in the English Bill of Rights (1689). But it (and versions of it) has since found its way into numerous constitutions and declarations, including Article 5 of the Universal Declaration of Human Rights, as well as the Amendment to the US Constitution. Clearly, in order for the use of violence to be legitimate, it must be subject to limitation. The difficulty is that the determination of this limit should be objective, but it is not, and its application in punitive practice is constituted by a host of extra-legal factors and social and political structures. It is this essential contestability of the limit which distinguishes punishment from violence that this book addresses. And, including contributions from a range of internationally renowned scholars, it offers a plurality of original and important responses to the contemporary question of the relationship between punishment and the limits of law.
Author : Kevin M. Clermont
Publisher : Aspen Publishing
ISBN 13 : 1454860294
Total Pages : 1081 pages
Book Rating : 4.4/5 (548 download)
Download or read book Law for Society written by Kevin M. Clermont and published by Aspen Publishing. This book was released on 2010-02-18 with total page 1081 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law for Society: Nature, Functions, and Limits offers an illuminating conceptual framework that looks at five basic legal instruments with which the law addresses the problems and goals of society. For any Introduction to Law course or as secondary reading in political science, criminal justice, or general studies, Law for Society breaks down the very concept of “law” to answer the questions: What is law? How does law work? What can law do and not do? The book addresses the nature of law, its problem-solving functions, and the limits on what law can accomplish.
Author : United States. Department of Justice
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (191 download)
Download or read book United States Attorneys' Manual written by United States. Department of Justice and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Thomas McIntyre Cooley
Publisher : Sagwan Press
ISBN 13 : 9781377144481
Total Pages : 778 pages
Book Rating : 4.1/5 (444 download)
Download or read book A Treatise On The Constitutional Limitations written by Thomas McIntyre Cooley and published by Sagwan Press. This book was released on 2018-02-08 with total page 778 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Author : Horace Gay Wood
Publisher :
ISBN 13 :
Total Pages : 578 pages
Book Rating : 4.:/5 (334 download)
Download or read book A Treatise on the Limitation of Actions at Law and in Equity written by Horace Gay Wood and published by . This book was released on 1893 with total page 578 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Matthew Dyson
Publisher :
ISBN 13 : 9781780687896
Total Pages : 597 pages
Book Rating : 4.6/5 (878 download)
Download or read book The Limits of Criminal Law written by Matthew Dyson and published by . This book was released on 2018 with total page 597 pages. Available in PDF, EPUB and Kindle. Book excerpt: From a framework of core principles, 'The Limits of Criminal Law' explores the normative and performative limits of criminal law at the borders of crime with tort, non-criminal enforcement, medical law, business regulation, administrative sanctions, terrorism and intelligence law. It carefully juxtaposes and compares English and German law on each of these borders, drawing out underlying concepts and building a detailed picture of what shapes criminal law, where its limits come from, and what might motivate legal systems to strain, ignore or strengthen those limits.
Author : Austin Sarat
Publisher : Stanford University Press
ISBN 13 : 9780804752350
Total Pages : 348 pages
Book Rating : 4.7/5 (523 download)
Download or read book The Limits of Law written by Austin Sarat and published by Stanford University Press. This book was released on 2005 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection brings together well-established scholars to examine the limits of law, a topic that has been of broad interest since the events of 9/11 and the responses of U.S. law and policy to those events. The limiting conditions explored in this volume include marking law’s relationship to acts of terror, states of emergency, gestures of surrender, payments of reparations, offers of amnesty, and invocations of retroactivity. These essays explore how law is challenged, frayed, and constituted out of contact with conditions that lie at the farthest reaches of its empirical and normative force.
Author : Horace Gay Wood
Publisher :
ISBN 13 :
Total Pages : 1016 pages
Book Rating : 4.3/5 (511 download)
Download or read book A Treatise on the Limitation of Actions at Law and in Equity written by Horace Gay Wood and published by . This book was released on 1916 with total page 1016 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Gino Evan Dal Pont
Publisher :
ISBN 13 : 9780409339451
Total Pages : pages
Book Rating : 4.3/5 (394 download)
Download or read book Law of Limitation written by Gino Evan Dal Pont and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
