The Legal Order

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The Legal Order

Author : Santi Romano
Publisher : Routledge
ISBN 13 : 1351674382
Total Pages : 297 pages
Book Rating : 4.3/5 (516 download)

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Book Synopsis The Legal Order by : Santi Romano

Download or read book The Legal Order written by Santi Romano and published by Routledge. This book was released on 2017-07-14 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1917 (Part 1) and 1918 (Part 2), with a second edition in 1946, this is the first English translation of Santi Romano’s classic work, L’ordinamento giuridico (The Legal Order). The main focus of The Legal Order is the notion of institution, which Romano considers to be both the core and distinguishing feature of law. After criticising accounts of the nature of law centred on notions of rule, coercion or authority, he offers a compelling conception, not merely of law as an institution, but of the institution as ‘the first, original and essential manifestation of law’. Romano advances a definition of a legal institution as any group who share rules within a bounded context: for example, a family, a firm, a factory, a prison, an association, a church, an illegal organisation, a state, the community of states, and so on. Therefore, this understanding of legal institutionalism at the same time provides a ground-breaking theory of legal pluralism whereby ‘there are as many legal orders as institutions’. The acme of a jurisprudential current long overlooked in the Anglophone environment (Romano’s work is highly regarded in France, Germany, Spain and South America, as well as in Italy), The Legal Order not only proposes what Carl Schmitt described as a ‘very significant theory’. More importantly, it offers precious insights for a thorough rethinking of the relationship between law and society in today’s world.

Law, Legal Culture and Society

Author : Alberto Febbrajo
Publisher : Taylor & Francis
ISBN 13 : 1351040324
Total Pages : 204 pages
Book Rating : 4.3/5 (51 download)

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Book Synopsis Law, Legal Culture and Society by : Alberto Febbrajo

Download or read book Law, Legal Culture and Society written by Alberto Febbrajo and published by Taylor & Francis. This book was released on 2018-07-04 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume addresses the pluralistic identity of the legal order. It argues that the mutual reflexivity of the different ways society perceives law and law perceives society eclipses the unique formal identity of written law. It advances a distinctive approach to the plural ways in which legal cultures work in a modern society, through the metaphor of the mirror. As a mirror of society, it distinguishes between the structure and function of legal culture within the legal system, and the external representation of law in society. This duality is further problematized in relation to the increasing transnationalisation of law. Based on a multi-level interpretation of the concept of legal culture, the work is divided into three parts: the first addresses the mutual reflections of social and legal norms that support a pluralist representation of internal legal cultures, the second concentrates on the external legal cultures that constantly enable pragmatic adjustments of the legal order to its social environment, and the third concludes the book with a theoretical discussion of the issues presented.

On Tyranny and the Global Legal Order

Author : Aoife O'Donoghue
Publisher : Cambridge University Press
ISBN 13 : 1108585159
Total Pages : 479 pages
Book Rating : 4.1/5 (85 download)

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Book Synopsis On Tyranny and the Global Legal Order by : Aoife O'Donoghue

Download or read book On Tyranny and the Global Legal Order written by Aoife O'Donoghue and published by Cambridge University Press. This book was released on 2021-10-07 with total page 479 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since classical antiquity debates about tyranny, tyrannicide and preventing tyranny's re-emergence have permeated governance discourse. Yet within the literature on the global legal order, tyranny is missing. This book creates a taxonomy of tyranny and poses the question: could the global legal order be tyrannical? This taxonomy examines the benefits attached to tyrannical governance for the tyrant, considers how illegitimacy and fear establish tyranny, asks how rule by law, silence and beneficence aid in governing a tyranny. It outlines the modalities of tyranny: scale, imperialism, gender, and bureaucracy. Where it is determined that a tyranny exists, the book examines the extent of the right and duty to effect tyrannicide. As the global legal order gathers ever more power to itself, it becomes imperative to ask whether tyranny lurks at the global scale.

Critique of the Legal Order

Author : Richard Quinney
Publisher : Routledge
ISBN 13 : 1351320343
Total Pages : 234 pages
Book Rating : 4.3/5 (513 download)

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Book Synopsis Critique of the Legal Order by : Richard Quinney

Download or read book Critique of the Legal Order written by Richard Quinney and published by Routledge. This book was released on 2018-02-06 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published thirty years ago, Critique of the Legal Order remains highly relevant for the twenty-first century. Here Richard Quinney provides a critical look at the legal order in capitalist society. Using a traditional Marxist perspective, he argues that the legal order is not intended to reduce crime and suffering, but to maintain class differences and a social order that mainly benefits the ruling class. Quinney challenges modern criminologists to examine their own positions. As "ancillary agents of power," criminologists provide information that governing elites use to manipulate and control those who threaten the system. Quinney's original and thorough analysis of "crime control bureaucracies" and the class basis of such bureaucracies anticipates subsequent research and theorizing about the "crime control industry," a system that aims at social control of marginalized populations, rather than elimination of the social conditions that give rise to crime. He forcefully argues that technology applied to a "war against crime," together with academic scholarship, is used to help maintain social order to benefit a ruling class. Quinney also suggests alternatives. Anticipating the work of Noam Chomsky, he suggests we must first overcome a powerful media that provides a "general framework" that serves as the "boundary of expression." Chomsky calls this the manufacture of consent by providing necessary illusions. Quinney calls for a critical philosophy that enables us to transcend the current order and seek an egalitarian socialist order based upon true democratic principles. This core study for criminologists should interest those with a critical perspective on contemporary society.

Transnational Legal Orders

Author : Terence C. Halliday
Publisher : Cambridge University Press
ISBN 13 : 1107069920
Total Pages : 559 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Transnational Legal Orders by : Terence C. Halliday

Download or read book Transnational Legal Orders written by Terence C. Halliday and published by Cambridge University Press. This book was released on 2015-01-19 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book offers an empirically grounded theory that reframes the study of law and society from a predominantly national context, which dichotomizes the study of international law and national compliance into a dynamic perspective that places national, international, and transnational lawmaking and practice within a coherent single frame. By presenting and elaborating on a new concept, transnational legal orders it offers an original approach to the emergence of legal orders beyond nation-states. It shows how they originate, where they compete and cooperate, and how they settle on institutions that legally order fundamental economic and social behaviors that transcend national borders. This original theory is applied and developed by distinguished scholars from North America and Europe in business law, regulatory law and human rights"--

The New Legal Order in Hong Kong

Author : Raymond Wacks
Publisher :
ISBN 13 : 9789622095083
Total Pages : 0 pages
Book Rating : 4.0/5 (95 download)

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Book Synopsis The New Legal Order in Hong Kong by : Raymond Wacks

Download or read book The New Legal Order in Hong Kong written by Raymond Wacks and published by . This book was released on 1999 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: As Hong Kong enters its third year under Chinese rule, the prognosis for the common law remains uncertain. Can the improbable doctrine of 'one country, two systems' be made to work? Will the political controversies that continue to bedevil the territory u

The Fundamental Rules of the International Legal Order

Author : Christian Tomuschat
Publisher : BRILL
ISBN 13 : 9004149813
Total Pages : 483 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis The Fundamental Rules of the International Legal Order by : Christian Tomuschat

Download or read book The Fundamental Rules of the International Legal Order written by Christian Tomuschat and published by BRILL. This book was released on 2006 with total page 483 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work, the outgrowth of a joint reflection by French and German international lawyers, attempts to reconceptualize the doctrine of hierarchy in international law by emphasizing that a clear distinction should be drawn between primary rules, which encapsulate precepts for the protection of the basic values of the international community, and secondary rules, which determine the regime of legal consequences flowing from a breach of such rules of conduct.

Building a New Legal Order for the Oceans

Author : Tommy Koh
Publisher : National University of Singapore Press
ISBN 13 : 9789813250895
Total Pages : 0 pages
Book Rating : 4.2/5 (58 download)

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Book Synopsis Building a New Legal Order for the Oceans by : Tommy Koh

Download or read book Building a New Legal Order for the Oceans written by Tommy Koh and published by National University of Singapore Press. This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The UNCLOS has been called a constitution for the oceans and is critically important today in a world rocked by climate change and biodiversity loss, and where deep seabed resources are potentially of vital strategic importance. It is absolutely crucial to find new ways to manage the common heritage of mankind, while navigating the priorities and expectations of those who depend on the oceans. Equally, peace at sea is made possible by the UNCLOS. Koh discusses current threats to maritime security. He explains the intricacies of the disputes in the South China Sea and the success of maritime boundary conciliation between Australia and Timor-Leste. What can be learned from the success of UNCLOS? How can we build on that success, and manage the new tensions that arise in the Law of the Sea?"--Page 4 de la couverture.

International Encyclopedia of Housing and Home

Author :
Publisher : Elsevier
ISBN 13 : 0080471714
Total Pages : 3870 pages
Book Rating : 4.0/5 (84 download)

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Book Synopsis International Encyclopedia of Housing and Home by :

Download or read book International Encyclopedia of Housing and Home written by and published by Elsevier. This book was released on 2012-10-09 with total page 3870 pages. Available in PDF, EPUB and Kindle. Book excerpt: Available online via SciVerse ScienceDirect, or in print for a limited time only, The International Encyclopedia of Housing and Home, Seven Volume Set is the first international reference work for housing scholars and professionals, that uses studies in economics and finance, psychology, social policy, sociology, anthropology, geography, architecture, law, and other disciplines to create an international portrait of housing in all its facets: from meanings of home at the microscale, to impacts on macro-economy. This comprehensive work is edited by distinguished housing expert Susan J. Smith, together with Marja Elsinga, Ong Seow Eng, Lorna Fox O'Mahony and Susan Wachter, and a multi-disciplinary editorial team of 20 world-class scholars in all. Working at the cutting edge of their subject, liaising with an expert editorial advisory board, and engaging with policy-makers and professionals, the editors have worked for almost five years to secure the quality, reach, relevance and coherence of this work. A broad and inclusive table of contents signals (or tesitifes to) detailed investigation of historical and theoretical material as well as in-depth analysis of current issues. This seven-volume set contains over 500 entries, listed alphabetically, but grouped into seven thematic sections including methods and approaches; economics and finance; environments; home and homelessness; institutions; policy; and welfare and well-being. Housing professionals, both academics and practitioners, will find The International Encyclopedia of Housing and Home useful for teaching, discovery, and research needs. International in scope, engaging with trends in every world region The editorial board and contributors are drawn from a wide constituency, collating expertise from academics, policy makers, professionals and practitioners, and from every key center for housing research Every entry stands alone on its merits and is accessed alphabetically, yet each is fully cross-referenced, and attached to one of seven thematic categories whose ‘wholes' far exceed the sum of their parts

Anarchy and Legal Order

Author : Gary Chartier
Publisher : Cambridge University Press
ISBN 13 : 1107032288
Total Pages : 433 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Anarchy and Legal Order by : Gary Chartier

Download or read book Anarchy and Legal Order written by Gary Chartier and published by Cambridge University Press. This book was released on 2013 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book elaborates and defends law without the state. It explains why the state is illegitimate, dangerous and unnecessary.

The New Global Law

Author : Rafael Domingo
Publisher : Cambridge University Press
ISBN 13 : 1139485946
Total Pages : 241 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis The New Global Law by : Rafael Domingo

Download or read book The New Global Law written by Rafael Domingo and published by Cambridge University Press. This book was released on 2010-02-26 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: The dislocations of the worldwide economic crisis, the necessity of a system of global justice to address crimes against humanity, and the notorious 'democratic deficit' of international institutions highlight the need for an innovative and truly global legal system, one that permits humanity to re-order itself according to acknowledged global needs and evolving consciousness. A new global law will constitute, by itself, a genuine legal order and will not be limited to a handful of moral principles that attempt to guide the conduct of the world's peoples. If the law of nations served the hegemonic interests of Ancient Rome, and international law served those of the European nation-state, then a new global law will contribute to the common good of all humanity and, ideally, to the development of durable world peace. This volume offers a historical-juridical foundation for the development of this new global law.

Model Rules of Professional Conduct

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)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

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.

The Legal Order of the European Union

Author : Timothy Moorhead
Publisher : Routledge
ISBN 13 : 1134446136
Total Pages : 162 pages
Book Rating : 4.1/5 (344 download)

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Book Synopsis The Legal Order of the European Union by : Timothy Moorhead

Download or read book The Legal Order of the European Union written by Timothy Moorhead and published by Routledge. This book was released on 2014-05-30 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt: The objective of European integration serves as an ideal of the legal order of the European Union and invites reconsideration of law’s conceptual features. This book critically assesses the legal order of the European Union, focusing on the operative aspects of the Union constitution with particular reference to the institutional practices of the Court of Justice in expressing the values underlying this constitution. Drawing together positivist and non-positivist accounts within an institutional understanding of law, Timothy Moorhead breaks new ground in applying a range of analytic jurisprudential perspectives to the Union legal order, and in employing the theoretical resources provided by the Union to model a revised conceptual viewpoint concerning legal order generally. In offering this conceptual approach, Moorhead emphasises the flexibility inherent in law’s institutional character as the basis for a theoretical rationalisation of the Union legal order. This book will be of great use and interest to scholars and students of European Union Law, Jurisprudence and European Constitutionalism.

The International Legal Order

Author : Ingrid Detter Delupis
Publisher : Dartmouth Publishing Company
ISBN 13 :
Total Pages : 622 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The International Legal Order by : Ingrid Detter Delupis

Download or read book The International Legal Order written by Ingrid Detter Delupis and published by Dartmouth Publishing Company. This book was released on 1994 with total page 622 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work is based on long-term research into State practice combined with the development of a theoretical foundation of such practice, which explains the behaviour of states as subject to clear legal restraints. It argues that state practice is not compatible with traditional concepts of international law and that a fresh approach is required.

Post-Liberal Religious Liberty

Author : Joel Harrison
Publisher : Cambridge University Press
ISBN 13 : 1108873332
Total Pages : 279 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis Post-Liberal Religious Liberty by : Joel Harrison

Download or read book Post-Liberal Religious Liberty written by Joel Harrison and published by Cambridge University Press. This book was released on 2020-07-09 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why should we care about religious liberty? Leading commentators, United Kingdom courts, and the European Court of Human Rights have de-emphasised the special importance of religious liberty. They frequently contend it falls within a more general concern for personal autonomy. In this liberal egalitarian account, religious liberty claims are often rejected when faced with competing individual interests – the neutral secular state must protect us against the liberty-constraining acts of religions. Joel Harrison challenges this account. He argues that it is rooted in a theologically derived narrative of secularisation: rather than being neutral, it rests on a specific construction of 'secular' and 'religious' spheres. This challenge makes space for an alternative theological, political, and legal vision. Drawing from Christian thought, from St Augustine to John Milbank, Harrison develops a post-liberal focus on association. Religious liberty, he argues, facilitates creating communities seeking solidarity, fraternity, and charity – goals that are central to our common good.

The Evolution of EU Law

Author : Paul Craig
Publisher : Oxford University Press
ISBN 13 : 0199592977
Total Pages : 984 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis The Evolution of EU Law by : Paul Craig

Download or read book The Evolution of EU Law written by Paul Craig and published by Oxford University Press. This book was released on 2011-02-17 with total page 984 pages. Available in PDF, EPUB and Kindle. Book excerpt: Previous edition, 1st, published in 1999.

Islamic State as a Legal Order

Author : Federico Lorenzo Ramaioli
Publisher : Routledge
ISBN 13 : 1000566579
Total Pages : 212 pages
Book Rating : 4.0/5 (5 download)

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Book Synopsis Islamic State as a Legal Order by : Federico Lorenzo Ramaioli

Download or read book Islamic State as a Legal Order written by Federico Lorenzo Ramaioli and published by Routledge. This book was released on 2022-04-04 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the legal dimension of the Islamic State, an aspect which has hitherto been neglected in the literature. ISIS’ dystopian experience, intended as a short-lived territorial and political governance, has been analyzed from multiple points of view, including the geopolitical, social and religious ones. However, its legal dimension has never been properly dealt with in a comprehensive way, assuming as a point of reference both the Islamic and the Western legal tradition. This book analyzes ISIS as the expression of a potential though never fully realized legal order. The book does not describe ISIS’ possible classifications according to the standards and the criteria of international law, such as its possible statehood or proto-statehood, issues that are however touched upon. Rather, it analyzes ISIS’ own legal awareness, based on the group’s literary materials, which show a considerable amount of juridical work. Such material, mainly propagandistic in its nature, is essential in understanding which kind of legal order ISIS aimed at establishing. The book will be of interest to students and academics in the fields of Law, International Relations, Political Sciences, Terrorism Studies, Religion and Middle Eastern Studies.