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Radically Legal
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Download or read book Radically Legal written by Joanna Kusiak and published by Cambridge University Press. This book was released on 2024-06-06 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: Right in the middle of the German constitution, a group of ordinary citizens discovers a forgotten clause that allows them to take 240,000 homes back from multi-billion corporations. In this work of creative non-fiction, scholar-activist and Nine Dots Prize winner Joanna Kusiak tells the story of a grassroots movement that convinced a million Berliners to pop the speculative housing bubble. She offers a vision of urban housing as democratically held commons, legally managed by a radically new institutional model that works through democratic conflicts. Moving between interdisciplinary analysis and her own personal story, Kusiak connects the dots between the past and the present, the local and the global, and shows the potential of radically legal politics as a means of strengthening our democracies and reviving the rule of law. This title is also available as Open Access on Cambridge Core.
Download or read book Radically Legal written by Joanna Kusiak and published by Cambridge University Press. This book was released on 2024-06-06 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: Right in the middle of the German constitution, a group of ordinary citizens discovers a forgotten clause that allows them to take 240,000 homes back from multi-billion corporations. In this work of creative non-fiction, scholar-activist and Nine Dots Prize winner Joanna Kusiak tells the story of a grassroots movement that convinced a million Berliners to pop the speculative housing bubble. She offers a vision of urban housing as democratically held commons, legally managed by a radically new institutional model that works through democratic conflicts. Moving between interdisciplinary analysis and her own personal story, Kusiak connects the dots between the past and the present, the local and the global, and shows the potential of radically legal politics as a means of strengthening our democracies and reviving the rule of law. This title is also available as Open Access on Cambridge Core.
Book Synopsis Radical Critiques of the Law by : Stephen M. Griffin
Download or read book Radical Critiques of the Law written by Stephen M. Griffin and published by . This book was released on 1997 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: The past two decades have seen an outpouring of work in legal theory that is self-consciously critical of aspects of American law and the institutions of the liberal state. In this lively volume, eminent scholars in philosophy, law, and political science respond to this recent scholarship by exploring what constitutes a "radical" critique of the law, examining such theories as critical legal studies, feminist theory and theories of "difference," and critical race theory. The authors consider whether the critiques advanced in recent legal theory can truly be called radical and what form a radical critique of American law should take. Writing at the cutting edge of the critique of critical legal theory, they offer insights first on critical legal scholarship, then on feminist political and legal theory. A third group of contributions questions the radicalness of these approaches in light of their failure to challenge fundamental aspects of liberalism, while a final section focuses on current issues of legal reform through critical views on criminal punishment, including observations on rape and hate speech. Each major essay describes the underlying principles in the development of a radical legal theory and addresses unresolved questions relating to it, while accompanying commentaries present conflicting views. The resulting dialogue explores wide-ranging issues like equity, value relativism, adversarial and empathic legal advocacy, communitarianism and the social contract, impartiality and contingency, "natural" law, and corrective justice. A common thread for many of the articles is a focus on the social dimension of society and law, which finds the individualism of prevailing liberal theories too limiting. Radical Critiques of the Law is particularly unique in presenting critical and feminist approaches in one volume-along with skeptical commentary about just how radical some critiques really are. Proposing alternative critiques that embody considerably greater promise of being truly radical, it offers provocative reading for both philosophers and legal scholars by showing that many claims to radicalism are highly problematic at best.
Book Synopsis Law in Radically Different Cultures by : John H. Barton
Download or read book Law in Radically Different Cultures written by John H. Barton and published by West Academic Publishing. This book was released on 1983 with total page 1016 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of the text is to teach about law by focusing on contemporary legal systems within the framework of each culture. The text emphasizes the legal process in each of the four traditions by concentrating on the specific problems of inheritance, as an example of the definition of and response to crime; contracts as an example of economic decision making; and population planning as an example of personal rights and the allocation of power between judicial, bureaucratic, and religious institutions. For use in undergraduate anthropology courses as well as in advanced anthropology or comparative law courses.
Book Synopsis Beyond All Reason by : Daniel A. Farber
Download or read book Beyond All Reason written by Daniel A. Farber and published by Oxford University Press. This book was released on 1997-10-30 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: Would you want to be operated on by a surgeon trained at a medical school that did not evaluate its students? Would you want to fly in a plane designed by people convinced that the laws of physics are socially constructed? Would you want to be tried by a legal system indifferent to the distinction between fact and fiction? These questions may seem absurd, but these are theories being seriously advanced by radical multiculturalists that force us to ask them. These scholars assert that such concepts as truth and merit are inextricably racist and sexist, that reason and objectivity are merely sophisticated masks for ideological bias, and that reality itself is nothing more than a socially constructed mechanism for preserving the power of the ruling elite. In Beyond All Reason, liberal legal scholars Daniel A. Farber and Suzanna Sherry mount the first systematic critique of radical multiculturalism as a form of legal scholarship. Beginning with an incisive overview of the origins and basic tenets of radical multiculturalism, the authors critically examine the work of Derrick Bell, Catherine MacKinnon, Patricia Williams, and Richard Delgado, and explore the alarming implications of their theories. Farber and Sherry push these theories to their logical conclusions and show that radical multiculturalism is destructive of the very goals it wishes to affirm. If, for example, the concept of advancement based on merit is fraudulent, as the multiculturalists claim, the disproportionate success of Jews and Asians in our culture becomes difficult to explain without opening the door to age-old anti-Semitic and racist stereotypes. If historical and scientific truths are entirely relative social constructs, then Holocaust denial becomes merely a matter of perspective, and Creationism has as much "validity" as evolution. The authors go on to show that rather than promoting more dialogue, the radical multiculturalist preferences for legal storytelling and identity politics over reasoned argument produces an insular set of positions that resist open debate. Indeed, radical multiculturalists cannot critically examine each others' ideas without incurring vehement accusations of racism and sexism, much less engage in fruitful discussion with a mainstream that does not share their assumptions. Here again, Farber and Sherry show that the end result of such thinking is not freedom but a kind of totalitarianism where dissent cannot be tolerated and only the naked will to power remains to settle differences. Sharply written and brilliantly argued, this book is itself a model of the kind of clarity, civility, and dispassionate critical thinking which the authors seek to preserve from the attacks of the radical multiculturalists. With far-reaching implications for such issues as government control of hate speech and pornography, affirmative action, legal reform, and the fate of all minorities, Beyond All Reason is a provocative contribution to one of the most important controversies of our time.
Download or read book Comparative Law written by Mathias Siems and published by Cambridge University Press. This book was released on 2014-06-05 with total page 437 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a fresh contextualised and cosmopolitan perspective on comparative law for both students and scholars. It critically discusses established approaches to comparative law, but also presents more modern ones, such as socio-legal and numerical comparative law. Its contextualised approach draws on examples from politics, economics and development studies to provide an original contribution to topics of comparative law.
Book Synopsis Separate But Faithful by : Amanda Hollis-Brusky
Download or read book Separate But Faithful written by Amanda Hollis-Brusky and published by Oxford University Press, USA. This book was released on 2020 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Frankfurter adage (or why legal movements need support structures) -- The genesis of the Christian conservative legal movement & the road not taken -- In the beginning : creation stories -- Human capital (or, "a generation of Christian attorneys") -- Social & cultural capital (or "credibility capital") -- Intellectual capital : preaching to convert or to the converted? -- At the apex of the support structure pyramid.
Book Synopsis Strategic Indeterminacy in the Law by : David Lanius
Download or read book Strategic Indeterminacy in the Law written by David Lanius and published by Oxford Studies in Language and. This book was released on 2019 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Though indeterminacy in legal texts is pervasive, there is a widespread misunderstanding about what indeterminacy is, particularly as it pertains to law. Legal texts present unique challenges insofar as they address a heterogeneous audience, are applied in a variety of unforeseeable circumstances and must, at the same time, lay down clear and unambiguous standards. Sometimes they fail to do so, however, either by accident or by intention. While many have claimed that indeterminacy facilitates flexibility and can be strategically used, few have recognized that there are more forms of indeterminacy than vagueness and ambiguity. A comprehensive account of legal indeterminacy is thus called for. David Lanius here answers that call and in so doing, addresses three central questions about the role of indeterminacy in the law. First, what are the sources of indeterminacy in law? Second, what effects do the different forms of indeterminacy have? Third, how can and should these forms be intentionally used? Based on a thorough examination of the advantages and disadvantages of the different forms of indeterminacy in the wording of laws, contracts, and verdicts, Lanius argues for the claim that semantic vagueness is less relevant than commonly supposed in the debate, while other forms of indeterminacy (in particular, polysemy and standard-relativity) are mistakenly underrated or even ignored. This misconception is due to a systematic confusion between semantic vagueness and these other forms of indeterminacy. Once it is resolved, the value and functions of linguistic indeterminacy in the law can be clearly shown.
Book Synopsis Legal Tech, Smart Contracts and Blockchain by : Marcelo Corrales
Download or read book Legal Tech, Smart Contracts and Blockchain written by Marcelo Corrales and published by Springer. This book was released on 2019-02-07 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is a broad consensus amongst law firms and in-house legal departments that next generation “Legal Tech” – particularly in the form of Blockchain-based technologies and Smart Contracts – will have a profound impact on the future operations of all legal service providers. Legal Tech startups are already revolutionizing the legal industry by increasing the speed and efficiency of traditional legal services or replacing them altogether with new technologies. This on-going process of disruption within the legal profession offers significant opportunities for all business. However, it also poses a number of challenges for practitioners, trade associations, technology vendors, and regulators who often struggle to keep up with the technologies, resulting in a widening regulatory “gap.” Many uncertainties remain regarding the scope, direction, and effects of these new technologies and their integration with existing practices and legacy systems. Adding to the challenges is the growing need for easy-to-use contracting solutions, on the one hand, and for protecting the users of such solutions, on the other. To respond to the challenges and to provide better legal communications, systems, and services Legal Tech scholars and practitioners have found allies in the emerging field of Legal Design. This collection brings together leading scholars and practitioners working on these issues from diverse jurisdictions. The aim is to introduce Blockchain and Smart Contract technologies, and to examine their on-going impact on the legal profession, business and regulators.
Book Synopsis Radically Republican Ideas by : DAVID SHARPE
Download or read book Radically Republican Ideas written by DAVID SHARPE and published by David Sharpe. This book was released on 2024-01-31 with total page 117 pages. Available in PDF, EPUB and Kindle. Book excerpt: America’s continued greatness and prosperity isn’t guaranteed. We have serious, and in some cases existential, challenges on multiple fronts. We're in trouble economically, culturally, and from a leadership perspective. We have time to fix all of these problems, but we can't wait forever. It will take smart planning and sustained effort to maintain our nation's success. To position ourselves to thrive going forward, we need to unite behind the enduring values that have always made America great and chart a bold path for securing them far into the future. This book offers pragmatic and reality-based solutions to guide the country for the next 250 years. This book provides the missing roadmap and strategy through: * Specific ambitious strategies to address the most serious and complex challenges facing us. * A cultural and philosophical framework to cultivate the millions of future leaders that our nation needs. * Actionable proposals for national renewal spanning economic stability, governance, education, infrastructure, contentious social issues, and foreign policy. * A comprehensive, unifying plan built on our shared values and hopes for a prosperous future. Let’s build on our strengths, turn our problem areas into strategic assets, and together build the future your children’s children and generations to come deserve.
Book Synopsis Comparative Law: A Very Short Introduction by : Sabrina Ragone
Download or read book Comparative Law: A Very Short Introduction written by Sabrina Ragone and published by Oxford University Press. This book was released on 2023-11-28 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: Very Short Introductions: Brilliant, Sharp, Inspiring Comparative Law: A Very Short Introduction aims to offer a concise introduction to Comparative Law—its objectives, methods, concepts and uses. After an overview of the fundamental definitions, key concepts and basic lexicon of the discipline, the book proposes an analysis of the most successful techniques adopted in legal comparison for mapping the world's legal systems and for explaining legal change and diffusion of law, also giving a concise description of the legal traditions of the world. It also offers an account of the competing approaches adopted over time in comparative endeavours, from functionalism to culturalism and postmodernism, and highlights the different emphasis placed by each of these approaches on commonalities, faith in universal law and convergence, or on divergence and irreducible differences. Finally, the book provides readers with an understanding of the practical use of comparative law, describing how legal comparison is employed both in law-making and in adjudication, supplementing legal reasoning and interpretation. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
Book Synopsis Whitehead's Radically Different Postmodern Philosophy by : David Ray Griffin
Download or read book Whitehead's Radically Different Postmodern Philosophy written by David Ray Griffin and published by State University of New York Press. This book was released on 2012-02-01 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: Postmodern philosophy is often dismissed as unintelligible, self-contradictory, and as a passing fad with no contribution to make to the problems faced by philosophers in our time. While this characterization may be true of the type of philosophy labeled postmodern in the 1980s and 1990s, David Ray Griffin argues that Alfred North Whitehead had formulated a radically different type of postmodern philosophy to which these criticisms do not apply. Griffin shows the power of Whitehead's philosophy in dealing with a range of contemporary issues—the mind-body relation, ecological ethics, truth as correspondence, the relation of time in physics to the (irreversible) time of our lives, and the reality of moral norms. He also defends a distinctive dimension of Whitehead's postmodernism, his theism, against various criticisms, including the charge that it is incompatible with relativity theory.
Download or read book Radically Speaking written by Diane Bell and published by Spinifex Press. This book was released on 1996 with total page 660 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributors to Radically Speaking show that a radical feminist analysis cuts across class, race, sexuality, region, religion and across the generations. It is essential reading for Women's Studies, sociology, cultural studies, and anyone interested in processes of social change. Thecollection reveals the global reach of radical feminism and analyze the causes and solutions to patriarchal oppression. Seventy writers discuss their ideas and practice of contemporary feminism.
Book Synopsis Law at the Vanishing Point by : Professor Aaron Fichtelberg
Download or read book Law at the Vanishing Point written by Professor Aaron Fichtelberg and published by Ashgate Publishing, Ltd.. This book was released on 2013-02-28 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two central questions are at the core of international legal theory: 'What is international law?', and 'Is international law really law?' This volume examines these critical questions and the philosophical foundations of modern international law using the tools of Anglo-American legal theory and western political thought. Engaging with both contemporary and historical legal theory and with an analysis of international law in action, the book builds an understanding and theory of law from the perspective of those who actually use this legal system and understand it, rather than constructing an artificial system from the standpoint of political scientists and moral philosophers. Law at the Vanishing Point provides a fascinating new challenge to those who reduce international law either to ethics or to politics and provides a critical new appraisal of its power as an independent force in human social relations.
Book Synopsis Radically Rethinking Copyright in the Arts by : James O. Young
Download or read book Radically Rethinking Copyright in the Arts written by James O. Young and published by Routledge. This book was released on 2020-06-11 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book radically rethinks the philosophical basis of copyright in the arts. The author reflects on the ontology of art to argue that current copyright laws cannot be justified. The book begins by identifying two problems that result from current copyright laws: (1) creativity is restricted and (2) they primarily serve the interests of large corporations over those of the artists and general public. Against this background, the author presents an account of the ontology of artworks and explains what metaphysics can tell us about ownership in the arts. Next, he makes a moral argument that copyright terms should be shorter and that corporations should not own copyrights. The remaining chapters tackle questions regarding the appropriation of tokens of artworks, pattern types, and artistic elements. The result is a sweeping reinterpretation of copyright in the arts that rests on sound ontological and moral foundations. Radically Rethinking Copyright in the Arts will be of interest to scholars and advanced students working in aesthetics and philosophy of art, metaphysics, philosophy of law, and intellectual property law.
Book Synopsis Public Law and Politics by : Emilios A. Christodoulidis
Download or read book Public Law and Politics written by Emilios A. Christodoulidis and published by Ashgate Publishing, Ltd.. This book was released on 2008-01-01 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a critical engagement with the function of public law and constitutionalism in its political dimensions, this volume brings together the reflections of three leading constitutionalists: Martin Loughlin, James Tully and Frank Michelman. Comprising three critical commentaries on each, it addresses the multiple ways in which public law is implicated in the logic of rule.
Book Synopsis Vienna Convention on the Law of Treaties by : Oliver Dörr
Download or read book Vienna Convention on the Law of Treaties written by Oliver Dörr and published by Springer Science & Business Media. This book was released on 2011-11-22 with total page 1414 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Commentary on the Vienna Convention on the Law of Treaties provides an in-depth article-by-article analysis of all provisions of the Vienna Convention. The texts are uniformly structured: (I) Purpose and Function of the Article, (II) Historical Background and Negotiating History, and (III) Elements of the Article. The Vienna Convention on Treaties between States and IOs and between IOs is taken into account where appropriate. In sum, the present Commentary contains a comprehensive legal analysis of all aspects of the international law of treaties. Where the law of treaties reaches into other fields of international law, e.g. the law of state responsibility, the relevant interfaces are discussed and contextualized. With its focus on international practice, the Commentary is addressed to academia, as well as to practitioners of international law.
