Recrafting The Rule Of Law

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Recrafting the Rule of Law

Author : David Dyzenhaus
Publisher : Bloomsbury Publishing
ISBN 13 : 1847311415
Total Pages : 340 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Recrafting the Rule of Law by : David Dyzenhaus

Download or read book Recrafting the Rule of Law written by David Dyzenhaus and published by Bloomsbury Publishing. This book was released on 1999-07-01 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays on the rule of law focuses on the traditional question whether the rule of law is necessarily the rule of moral principles, the question of the legitimacy of law. Essays by lawyers, philosophers, and political theorists illuminate and take forward both that question and debate about issues to do with the reach of the rule of law which complicate its answer. The essays are divided into sections which deal, first, with legal orders where the rule of law is under severe stress, second, with the question of the value of the rule of law as a conceptual problem, and, third, with the question of the limits of legal order. Contributors: Richard Abel, Jody Freeman, Robert Alexy, Neil MacCormick, Kenneth Winston, Andras Sajo, Alon Harel, Anton Fagan, Anthony Sebok, Christine Sypnowich, Allan Hutchinson, Bill Scheuerman, John MacCormick, Julian Rivers, Henry Richardson, David Dyzenhaus.

Recrafting the Rule of Law

Author : David Dyzenhaus
Publisher :
ISBN 13 : 9781472561992
Total Pages : 380 pages
Book Rating : 4.5/5 (619 download)

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Book Synopsis Recrafting the Rule of Law by : David Dyzenhaus

Download or read book Recrafting the Rule of Law written by David Dyzenhaus and published by . This book was released on 1999 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays on the rule of law focuses on the traditional question whether the rule of law is necessarily the rule of moral principles, the question of the legitimacy of law. Essays by lawyers, philosophers, and political theorists illuminate and take forward both that question and debate about issues to do with the reach of the rule of law which complicate its answer. The essays are divided into sections which deal, first, with legal orders where the rule of law is under severe stress, second, with the question of the value of the rule of law as a conceptual problem, and, third,

Law and Morality

Author : David Dyzenhaus
Publisher : University of Toronto Press
ISBN 13 : 0802094899
Total Pages : 1095 pages
Book Rating : 4.8/5 (2 download)

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Book Synopsis Law and Morality by : David Dyzenhaus

Download or read book Law and Morality written by David Dyzenhaus and published by University of Toronto Press. This book was released on 2007-01-01 with total page 1095 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since its first publication in 1996, Law and Morality has filled a long-standing need for a contemporary Canadian textbook in the philosophy of law. Now in its third edition, this anthology has been thoroughly revised and updated, and includes new chapters on equality, judicial review, and terrorism and the rule of law. The volume begins with essays that explore general questions about morality and law, surveying the traditional literature on legal positivism and contemporary debates about the connection between law and morality. These essays explore the tensions between law as a protector of individual liberty and as a tool of democratic self-rule, and introduce debates about adjudication and the contribution of feminist approaches to the philosophy of law. New material on the Chinese Canadian head tax case is also featured. The second part of Law and Morality deals with philosophical questions as they apply to contemporary issues. Excerpts from judicial decisions as well as essays by practicing lawyers are included to provide theoretically informed legal analyses of the issues. Striking a balance between practical and more analytic, philosophical approaches, the volume's treatment of the philosophy of law as a branch of political philosophy enables students to understand law in its function as a social institution. Law and Morality has proved to be an essential text in both departments of philosophy and faculties of law and this latest edition brings the debates fully up to date, filling gaps in the previous editions and adding to the array of contemporary issues previously covered.

The Rule of Law Under Fire?

Author : Raymond Wacks
Publisher : Bloomsbury Publishing
ISBN 13 : 1509950591
Total Pages : 279 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Rule of Law Under Fire? by : Raymond Wacks

Download or read book The Rule of Law Under Fire? written by Raymond Wacks and published by Bloomsbury Publishing. This book was released on 2021-10-21 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does the rise of populism, authoritarianism, and nationalism threaten the welfare of the rule of law? Is this fundamental democratic ideal under siege? In this timely and important book, Raymond Wacks examines the philosophical roots of the rule of law and its modern, often contentious, interpretation. He then investigates 16 potential ideological, economic, legal, and institutional dangers to the rule of law. They range from the exercise of judicial and administrative discretion and parliamentary sovereignty, to the growth of globalisation, the 'war on terror', and the disquieting power of Big Tech. He also considers the enactment and enforcement in several countries of Draconian measures to curtail the spread of COVID-19, which has generated fears that these emergency powers may outlive the pandemic and become a permanent feature of the legal landscape, thereby impairing the rule of law. Wacks identifies which issues among this extensive array pose genuine risks to the rule of law, and suggests how they might be confronted to ensure its defence and preservation.

Refugees, Asylum Seekers and the Rule of Law

Author : Susan Kneebone
Publisher : Cambridge University Press
ISBN 13 : 0521889359
Total Pages : 357 pages
Book Rating : 4.5/5 (218 download)

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Book Synopsis Refugees, Asylum Seekers and the Rule of Law by : Susan Kneebone

Download or read book Refugees, Asylum Seekers and the Rule of Law written by Susan Kneebone and published by Cambridge University Press. This book was released on 2009-03-19 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: An assessment of the impact of asylum on the integrity of the rule of law in five common law jurisdictions.

On the Rule of Law

Author : Brian Z. Tamanaha
Publisher : Cambridge University Press
ISBN 13 : 9780521604659
Total Pages : 196 pages
Book Rating : 4.6/5 (46 download)

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Book Synopsis On the Rule of Law by : Brian Z. Tamanaha

Download or read book On the Rule of Law written by Brian Z. Tamanaha and published by Cambridge University Press. This book was released on 2004-11-18 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rule of law is the most important political ideal today, yet there is much confusion about what it means and how it works. This 2004 book explores the history, politics, and theory surrounding the rule of law ideal, beginning with classical Greek and Roman ideas, elaborating on medieval contributions to the rule of law, and articulating the role played by the rule of law in liberal theory and liberal political systems. The author outlines the concerns of Western conservatives about the decline of the rule of law and suggests reasons why the radical Left have promoted this decline. Two basic theoretical streams of the rule of law are then presented, with an examination of the strengths and weaknesses of each. The book examines the rule of law on a global level, and concludes by answering the question of whether the rule of law is a universal human good.

The Role of International Law in Rebuilding Societies After Conflict

Author : Brett Bowden
Publisher : Cambridge University Press
ISBN 13 : 0521509947
Total Pages : 349 pages
Book Rating : 4.5/5 (215 download)

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Book Synopsis The Role of International Law in Rebuilding Societies After Conflict by : Brett Bowden

Download or read book The Role of International Law in Rebuilding Societies After Conflict written by Brett Bowden and published by Cambridge University Press. This book was released on 2009-04-16 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: The genesis of this book was a workshop entitled 'Empire or Empowerment? The Role of International Law in Building Democracy and Justice after Conflict' held at the Australian National University in Canberra on 9-10 August 2007

Global Anti-Terrorism Law and Policy

Author : Victor V. Ramraj
Publisher : Cambridge University Press
ISBN 13 : 1107014670
Total Pages : 703 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Global Anti-Terrorism Law and Policy by : Victor V. Ramraj

Download or read book Global Anti-Terrorism Law and Policy written by Victor V. Ramraj and published by Cambridge University Press. This book was released on 2012-01-12 with total page 703 pages. Available in PDF, EPUB and Kindle. Book excerpt: This international work provides information on and analysis of anti-terrorism law and policy by top experts in the field.

Accommodating Cultural Diversity

Author : Stephen Tierney
Publisher : Routledge
ISBN 13 : 1317185919
Total Pages : 256 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis Accommodating Cultural Diversity by : Stephen Tierney

Download or read book Accommodating Cultural Diversity written by Stephen Tierney and published by Routledge. This book was released on 2016-03-23 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores recent developments in the theory and practice of accommodating cultural diversity within democratic constitutional orders. The aim of the book is to provide a broad vision of the constitutional management of cultural diversity as seen through the prisms of different disciplines and experiences, both theoretical and practical. The contributions, which come from Canada and Europe, comprise a review of the evolving theory of cultural diversity, followed by two main case studies: a substantive study of the accommodation of indigenous peoples within different constitutional orders and, secondly, the importance of constitutional interpretation to the development of cultural diversity in complex pluralist democracies such as Australia, Canada and the UK.

Rethinking Law, Regulation, and Technology

Author : Brownsword, Roger
Publisher : Edward Elgar Publishing
ISBN 13 : 1800886470
Total Pages : 272 pages
Book Rating : 4.8/5 (8 download)

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Book Synopsis Rethinking Law, Regulation, and Technology by : Brownsword, Roger

Download or read book Rethinking Law, Regulation, and Technology written by Brownsword, Roger and published by Edward Elgar Publishing. This book was released on 2022-03-04 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful book presents a radical rethinking of the relationship between law, regulation, and technology. While in traditional legal thinking technology is neither of particular interest nor concern, this book treats modern technologies as doubly significant, both as major targets for regulation and as potential tools to be used for legal and regulatory purposes. It explores whether our institutions for engaging with new technologies are fit for purpose.

The Routledge Companion to Philosophy of Law

Author : Andrei Marmor
Publisher : Routledge
ISBN 13 : 1136344950
Total Pages : 636 pages
Book Rating : 4.1/5 (363 download)

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Book Synopsis The Routledge Companion to Philosophy of Law by : Andrei Marmor

Download or read book The Routledge Companion to Philosophy of Law written by Andrei Marmor and published by Routledge. This book was released on 2012-04-27 with total page 636 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Routledge Companion to the Philosophy of Law provides a comprehensive, non-technical philosophical treatment of the fundamental questions about the nature of law. Its coverage includes law’s relation to morality and the moral obligations to obey the law, the main philosophical debates about particular legal areas such as criminal responsibility, property, contracts, family law, law and justice in the international domain, legal paternalism and the rule of law. The entirely new content has been written specifically for newcomers to the field, making the volume particularly useful for undergraduate and graduate courses in philosophy of law and related areas. All 39 chapters, written by the world’s leading researchers and edited by an internationally distinguished scholar, bring a focused, philosophical perspective to their subjects. The Routledge Companion to the Philosophy of Law promises to be a valuable and much consulted student resource for many years.

Law, Technology and Society

Author : Roger Brownsword
Publisher : Routledge
ISBN 13 : 1351128167
Total Pages : 327 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis Law, Technology and Society by : Roger Brownsword

Download or read book Law, Technology and Society written by Roger Brownsword and published by Routledge. This book was released on 2019-02-18 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the implications of the regulatory burden being borne increasingly by technological management rather than by rules of law. If crime is controlled, if human health and safety are secured, if the environment is protected, not by rules but by measures of technological management—designed into products, processes, places and so on—what should we make of this transformation? In an era of smart regulatory technologies, how should we understand the ‘regulatory environment’, and the ‘complexion’ of its regulatory signals? How does technological management sit with the Rule of Law and with the traditional ideals of legality, legal coherence, and respect for liberty, human rights and human dignity? What is the future for the rules of criminal law, torts and contract law—are they likely to be rendered redundant? How are human informational interests to be specified and protected? Can traditional rules of law survive not only the emergent use of technological management but also a risk management mentality that pervades the collective engagement with new technologies? Even if technological management is effective, is it acceptable? Are we ready for rule by technology? Undertaking a radical examination of the disruptive effects of technology on the law and the legal mind-set, Roger Brownsword calls for a triple act of re-imagination: first, re-imagining legal rules as one element of a larger regulatory environment of which technological management is also a part; secondly, re-imagining the Rule of Law as a constraint on the arbitrary exercise of power (whether exercised through rules or through technological measures); and, thirdly, re-imagining the future of traditional rules of criminal law, tort law, and contract law.

Reconstructing American Legal Realism & Rethinking Private Law Theory

Author : Hanoch Dagan
Publisher : Oxford University Press
ISBN 13 : 0199890692
Total Pages : 247 pages
Book Rating : 4.1/5 (998 download)

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Book Synopsis Reconstructing American Legal Realism & Rethinking Private Law Theory by : Hanoch Dagan

Download or read book Reconstructing American Legal Realism & Rethinking Private Law Theory written by Hanoch Dagan and published by Oxford University Press. This book was released on 2013-09 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book demonstrates how legal realism offers important and unique jurisprudential insights that are not just a part of legal history, but are also relevant and useful for a contemporary understanding of legal theory.

The Unity of Public Law

Author : David Dyzenhaus
Publisher : Bloomsbury Publishing
ISBN 13 : 184731046X
Total Pages : 520 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis The Unity of Public Law by : David Dyzenhaus

Download or read book The Unity of Public Law written by David Dyzenhaus and published by Bloomsbury Publishing. This book was released on 2004-03-17 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book tackles the important topic of the relationship between three parts of the public law regime in a common law jurisdiction: the common law of judicial review or the unwritten constitution, the written constitution and public international law. Thematic coherence is ensured by the fact that the papers were presented at a conference in early 2003 and then extensively revised and by a general focus on a path-breaking decision of Canada's Supreme Court (Baker). The book thus contains a highly productive exchange between an international group of scholars on such themes as the rule of law, judicial deference, the separation of powers, the role of human rights in common law reasoning on immigration and security matters, and the nature of legal authority.

Human Dignity and the Foundations of International Law

Author : Patrick Capps
Publisher : Bloomsbury Publishing
ISBN 13 : 1847315127
Total Pages : 306 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Human Dignity and the Foundations of International Law by : Patrick Capps

Download or read book Human Dignity and the Foundations of International Law written by Patrick Capps and published by Bloomsbury Publishing. This book was released on 2009-06-11 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: International lawyers have often been interested in the link between their discipline and the foundational issues of jurisprudential method, but little that is systematic has been written on this subject. In this book, an attempt is made to fill this gap by focusing on issues of concept-formation in legal science in general with a view to their application to the specific concerns of international law. In responding to these issues, the author argues that public international law seeks to establish and institutionalise a system of authoritative judgment whereby the conditions by which a community of states can co-exist and co-operate are ensured. A state, in turn, must be understood as ultimately deriving legitimacy from the pursuit of the human dignity of the community it governs, as well as the dignity of those human beings and states affected by its actions in international relations. This argument is in line with a long and now resurgent Kantian tradition in legal and political philosophy. The book shows how this approach is reflected in accepted paradigm cases of international law, such as the United Nations Charter. It then explains how this approach can provide insights into the theoretical foundations of these accepted paradigms, including our understanding of the sources of international law, international legal personality and the design of global institutions.

Constitutionalising Secession

Author : David Haljan
Publisher : Bloomsbury Publishing
ISBN 13 : 1782253319
Total Pages : 612 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Constitutionalising Secession by : David Haljan

Download or read book Constitutionalising Secession written by David Haljan and published by Bloomsbury Publishing. This book was released on 2014-11-01 with total page 612 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutionalising Secession proceeds from the question, 'What, if anything, does the law have to say about a secession crisis?' But rather than approaching secession through the optic of political or nationalist institutional accommodation, this book focuses on the underpinnings to a constitutional order as a law-making community, underpinnings laid bare by secession pressures. Relying on the corrosive effects of secession, it explores the deep structure of a constitutional order and the motive forces creating and sustaining that order. A core idea is that the normativity of law is best understood, through a constitutional optic, as an integrative, associative force. Constitutionalising Secession critically analyses conceptions of constitutional order implicit in the leading models of secession, and takes as a leading case-study the judicial and legislative response to secession in Canada. The book therefore develops a concept of constitutionalism and law-making - 'associative constitutionalism' - to describe their deep structure as a continuing, integrative process of association. This model of a dynamic process of value formation can address both the association and the disassociation of constitutional systems.

Security and Human Rights

Author : Benjamin Goold
Publisher : Bloomsbury Publishing
ISBN 13 : 1847317006
Total Pages : 313 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Security and Human Rights by : Benjamin Goold

Download or read book Security and Human Rights written by Benjamin Goold and published by Bloomsbury Publishing. This book was released on 2007-06-07 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the wake of the events of September 11th, the task of reconciling issues of security with a respect for fundamental human rights has emerged as one of the key challenges facing governments throughout the world. Although the issues raised by the rise of security have been the subject of considerable academic interest, to date much of the debate surrounding the impact of security on human rights has taken place within particular disciplinary confines. In contrast, this collection of essays from leading academics and practitioners in the fields of criminal justice, public law, international law, international relations and legal philosophy offers a genuinely multidisciplinary perspective on the relationship between security and human rights. In addition to exploring how the demands of security might be reconciled with the desire to protect established rights, Security and Human Rights offers a fresh perspective on the broader legal and political challenges that lie ahead as states attempt to control crime, prevent terrorism and protect their citizens.