The Limits of the Legal Complex

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Publisher : Oxford University Press
ISBN 13 : 0192848410
Total Pages : 305 pages
Book Rating : 4.1/5 (928 download)

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Book Synopsis The Limits of the Legal Complex by : Malcolm Feeley

Download or read book The Limits of the Legal Complex written by Malcolm Feeley and published by Oxford University Press. This book was released on 2021 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Spanning two centuries and five Nordic countries, this book questions the view that political lawyers are required for the development of a liberal political regime. It combines cross-disciplinary theory and careful empirical case studies by country experts whose regional insights are brought to bear on wider global contexts. The theory of the legal complex posits that lawyers will not simply mobilize collectively for material self-interest; instead they will organize and struggle for the limited goal of political liberalism. Constituted by a moderate state, core civil rights, and civil society freedoms, political liberalism is presented as a discrete but professionally valued good to which all lawyers can lend their support. Leading scholars claim that when one finds struggles against political repression, politics of the Legal Complex are frequently part of that struggle. One glaring omission in this research program is the Nordic region. This insightful volume provides a comprehensive account of the history and politics of lawyers of the last 200 years in the Nordic countries: Norway, Sweden, Denmark, Finland, and Iceland. Topping most global indexes of core civil rights, these states have been found to contain few to no visible legal complexes. Where previous studies have characterized lawyers as stewards and guardians of the law that seek to preserve its semi-autonomous nature, these legal complexes have emerged in a manner that challenges the standard narrative. This book offers rational choice and structuralist explanations for why and when lawyers mobilise collectively for political liberalism. In each country analysis, authors place lawyers in nineteenth century state transformation and emerging constitutionalism, followed by expanding democracy and the welfare state, the challenge of fascism and world war, the tensions of the Cold War, and the latter-day rights revolutions. These analyses are complemented by a comprehensive comparative introduction, and a concluding reflection on how the theory of the legal complex might be recast, making The Limits of the Legal Complex an invaluable resource for scholars and practitioners alike.

The Limits of the Legal Complex

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Publisher :
ISBN 13 : 9780192664556
Total Pages : 0 pages
Book Rating : 4.6/5 (645 download)

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Book Synopsis The Limits of the Legal Complex by : Malcolm M. Feeley

Download or read book The Limits of the Legal Complex written by Malcolm M. Feeley and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Spanning two centuries and five Nordic countries, this book questions the view that political lawyers are required for the development of a liberal political regime. It combines cross-disciplinary theory and careful empirical case studies by country experts whose regional insights are brought to bear on wider global contexts.

The Limits of the Legal Complex

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Publisher :
ISBN 13 : 9780191943669
Total Pages : 0 pages
Book Rating : 4.9/5 (436 download)

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Book Synopsis The Limits of the Legal Complex by : Malcolm M. Feeley

Download or read book The Limits of the Legal Complex written by Malcolm M. Feeley and published by . This book was released on with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Spanning two centuries and five Nordic countries, this book questions the view that political lawyers are required for the development of a liberal political regime. It combines cross-disciplinary theory and careful empirical case studies by country experts whose regional insights are brought to bear on wider global contexts.

The Limits of Legitimacy

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Publisher : University of Michigan Press
ISBN 13 : 0472121243
Total Pages : 296 pages
Book Rating : 4.4/5 (721 download)

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Book Synopsis The Limits of Legitimacy by : Michael Zilis

Download or read book The Limits of Legitimacy written by Michael Zilis and published by University of Michigan Press. This book was released on 2015-09-22 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the U.S. Supreme Court announces a decision, reporters simplify and dramatize the complex legal issues by highlighting dissenting opinions and thus emphasizing conflict among the justices themselves. This often sensationalistic coverage fosters public controversy over specific rulings despite polls which show that Americans strongly believe in the Court’s legitimacy as an institution. In The Limits of Legitimacy, Michael A. Zilis illuminates this link between case law and public opinion. Drawing on a diverse array of sources and methods, he employs case studies of eminent domain decisions, analysis of media reporting, an experiment to test how volunteers respond to media messages, and finally the natural experiment of the controversy over the Affordable Care Act, popularly known as Obamacare. Zilis finds that the media tends not to quote from majority opinions. However, the greater the division over a particular ruling among the justices themselves, the greater the likelihood that the media will criticize that ruling, characterize it as "activist," and employ inflammatory rhetoric. Hethen demonstrates that the media’s portrayal of a decision, as much as the substance of the decision itself, influences citizens’ reactions to and acceptance of it. This meticulously constructed study and its persuasively argued conclusion advance the understanding of the media, judicial politics, political institutions, and political behavior.

The Limits of Judicial Independence

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Publisher : Cambridge University Press
ISBN 13 : 1139492314
Total Pages : 357 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis The Limits of Judicial Independence by : Tom S. Clark

Download or read book The Limits of Judicial Independence written by Tom S. Clark and published by Cambridge University Press. This book was released on 2010-11-22 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the causes and consequences of congressional attacks on the US Supreme Court, arguing that the extent of public support for judicial independence constitutes the practical limit of judicial independence. First, the book presents a historical overview of Court-curbing proposals in Congress. Then, building on interviews with Supreme Court justices, members of Congress, and judicial and legislative staffers, the book theorizes that congressional attacks are driven by public discontent with the Court. From this theoretical model, predictions are derived about the decision to engage in Court-curbing and judicial responsiveness to Court-curbing activity in Congress. The Limits of Judicial Independence draws on illustrative archival evidence, systematic analysis of an original dataset of Court-curbing proposals introduced in Congress from 1877 onward and judicial decisions.

Model Rules of Professional Conduct

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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 Limits of International Law

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Publisher : Oxford University Press
ISBN 13 : 0199883378
Total Pages : 272 pages
Book Rating : 4.1/5 (998 download)

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Book Synopsis The Limits of International Law by : Jack L. Goldsmith

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 272 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.

The Limits of Liberty

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Publisher : University of Chicago Press
ISBN 13 : 9780226078205
Total Pages : 228 pages
Book Rating : 4.0/5 (782 download)

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Book Synopsis The Limits of Liberty by : James M. Buchanan

Download or read book The Limits of Liberty written by James M. Buchanan and published by University of Chicago Press. This book was released on 1975 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Limits of Liberty is concerned mainly with two topics. One is an attempt to construct a new contractarian theory of the state, and the other deals with its legitimate limits. The latter is a matter of great practical importance and is of no small significance from the standpoint of political philosophy."—Scott Gordon, Journal of Political Economy James Buchanan offers a strikingly innovative approach to a pervasive problem of social philosophy. The problem is one of the classic paradoxes concerning man's freedom in society: in order to protect individual freedom, the state must restrict each person's right to act. Employing the techniques of modern economic analysis, Professor Buchanan reveals the conceptual basis of an individual's social rights by examining the evolution and development of these rights out of presocial conditions.

Overcriminalization

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Publisher : Oxford University Press
ISBN 13 : 9780198043997
Total Pages : 248 pages
Book Rating : 4.0/5 (439 download)

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Book Synopsis Overcriminalization by : Douglas Husak

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 248 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.

SOU-CCJ230 Introduction to the American Criminal Justice System

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Publisher :
ISBN 13 : 9781636350684
Total Pages : pages
Book Rating : 4.3/5 (56 download)

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Book Synopsis SOU-CCJ230 Introduction to the American Criminal Justice System by : Alison Burke

Download or read book SOU-CCJ230 Introduction to the American Criminal Justice System written by Alison Burke and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Politics and the Limits of Law

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Publisher : Stanford University Press
ISBN 13 : 0804780048
Total Pages : 232 pages
Book Rating : 4.8/5 (47 download)

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Book Synopsis Politics and the Limits of Law by : Menachem Lorberbaum

Download or read book Politics and the Limits of Law written by Menachem Lorberbaum and published by Stanford University Press. This book was released on 2002-11-01 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the emergence of the fundamental political concepts of medieval Jewish thought, arguing that alongside the well known theocratic elements of the Bible there exists a vital tradition that conceives of politics as a necessary and legitimate domain of worldly activity that preceded religious law in the ordering of society. Since the Enlightenment, the separation of religion and state has been a central theme in Western political history and thought, a separation that upholds the freedom of conscience of the individual. In medieval political thought, however, the doctrine of the separation of religion and state played a much different role. On the one hand, it served to maintain the integrity of religious law versus the monarch, whether canon law, Islamic law, or Jewish law. On the other hand, it upheld the autonomy of the monarch and the autonomy of human political agency against theocratic claims of divine sovereignty and clerical authority. Postulating the realm of secular politics leads the author to construct a theory of the precedence of politics over religious law in the organization of social life. He argues that the attempts of medieval philosophers to understand religion and the polity provide new perspectives on the viability of an accommodation between revelation and legislation, the holy and the profane, the divine and the temporal. The book shows that in spite of the long exile of the Jewish people, there is, unquestionably, a tradition of Jewish political discourse based on the canonical sources of Jewish law. In addition to providing a fresh analysis of Maimonides, it analyzes works of Nahmanides, Solomon ibn Adret, and Nissim Gerondi that are largely unknown to the English-speaking reader. Finally, it suggests that the historical corpus of Jewish political writing remains vital today, with much to contribute to the ongoing debates over church-state relations and theocratic societies.

The Legal Limit

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Publisher : Vintage
ISBN 13 : 0307388662
Total Pages : 418 pages
Book Rating : 4.3/5 (73 download)

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Book Synopsis The Legal Limit by : Martin Clark

Download or read book The Legal Limit written by Martin Clark and published by Vintage. This book was released on 2009-06-02 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gates Hunt is a compulsive felon, serving a stiff penitentiary sentence for selling cocaine. His brother, Mason, however, has escaped their bitter, impoverished upbringing to become the commonwealth's attorney for their rural hometown in Virginia, where he enjoys a contented life with his wife and spitfire daughter. But Mason's idyll is abruptly pierced by a wicked tragedy, and soon afterward trouble finds him again when he is forced to confront a brutal secret he and his brother had both sworn to take with them to the grave, a secret that threatens everyone and everything he holds dear. Intricately plotted and relentlessly entertaining, The Legal Limit is an exploration of the judicial system's roughest edges, as well as a gripping story of murder, family, and the difficult divide that sometimes separates genuine justice from the law.

Private Property and the Limits of American Constitutionalism

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Publisher : University of Chicago Press
ISBN 13 : 0226569713
Total Pages : 358 pages
Book Rating : 4.2/5 (265 download)

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Book Synopsis Private Property and the Limits of American Constitutionalism by : Jennifer Nedelsky

Download or read book Private Property and the Limits of American Constitutionalism written by Jennifer Nedelsky and published by University of Chicago Press. This book was released on 1994-06-15 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: Federalists vision of the Constitution; an interdisciplinary investigation.

The Limits of Presidential Power

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Publisher : Manheim & Watts, LLC
ISBN 13 : 9780999698808
Total Pages : 178 pages
Book Rating : 4.6/5 (988 download)

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Book Synopsis The Limits of Presidential Power by : Lisa Manheim

Download or read book The Limits of Presidential Power written by Lisa Manheim and published by Manheim & Watts, LLC. This book was released on 2018-01-10 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: This one-of-a-kind guide provides a crash course in the laws governing the President of the United States. In an engaging and accessible style, two law professors explain the principles that inform everything from President Washington's disagreements with Congress to President Trump's struggles with the courts, and more. Timely and to the point, this guide provides the essential information every informed civic participant needs to know about the laws that govern the president-and what those laws mean for those who want to make their voices heard.

Dante & the Limits of the Law

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Publisher : University of Chicago Press
ISBN 13 : 022607112X
Total Pages : 240 pages
Book Rating : 4.2/5 (26 download)

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Book Synopsis Dante & the Limits of the Law by : Justin Steinberg

Download or read book Dante & the Limits of the Law written by Justin Steinberg and published by University of Chicago Press. This book was released on 2013-12-22 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Dante and the Limits of the Law, Justin Steinberg offers the first comprehensive study of the legal structure essential to Dante’s Divine Comedy. Steinberg reveals how Dante imagines an afterlife dominated by sophisticated laws, hierarchical jurisdictions, and rationalized punishments and rewards. He makes the compelling case that Dante deliberately exploits this highly structured legal system to explore the phenomenon of exceptions to it, crucially introducing Dante to current debates about literature’s relation to law, exceptionality, and sovereignty. Examining how Dante probes the limits of the law in this juridical otherworld, Steinberg argues that exceptions were vital to the medieval legal order and that Dante’s otherworld represents an ideal “system of exception.” In the real world, Dante saw this system as increasingly threatened by the dual crises of church and empire: the abuses and overreaching of the popes and the absence of an effective Holy Roman Emperor. Steinberg shows that Dante’s imagination of the afterlife seeks to address this gap between the universal validity of Roman law and the lack of a sovereign power to enforce it. Exploring the institutional role of disgrace, the entwined phenomena of judicial discretion and artistic freedom, medieval ideas about privilege and immunity, and the place of judgment in the poem, this cogently argued book brings to life Dante’s sense of justice.

The Limits of Legal Reasoning and the European Court of Justice

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Publisher : Cambridge University Press
ISBN 13 : 1107001390
Total Pages : 347 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis The Limits of Legal Reasoning and the European Court of Justice by : Gerard Conway

Download or read book The Limits of Legal Reasoning and the European Court of Justice written by Gerard Conway and published by Cambridge University Press. This book was released on 2012-01-12 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gerard Conway explains how judges of the ECJ should be understood as sharing the same interpretative perspective as the law-maker.

Women's Health and the Limits of Law

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Publisher : Routledge
ISBN 13 : 1351002368
Total Pages : 301 pages
Book Rating : 4.3/5 (51 download)

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Book Synopsis Women's Health and the Limits of Law by : Irehobhude O. Iyioha

Download or read book Women's Health and the Limits of Law written by Irehobhude O. Iyioha and published by Routledge. This book was released on 2019-12-10 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite some significant advances in the creation and protection of rights affecting women’s health, these do not always translate into actual health benefits for women. This collection asks: 'What is an effective law and what influences law’s effectiveness or ineffectiveness? What dynamics, elements, and conditions come together to limit law’s capacity to achieve instrumental goals for women’s health and the advancement of women’s health rights?' The book presents an integrated, co-referential and sustained critical discussion of the normative and constitutive reasons for law’s limited effectiveness in the field of women’s health. It offers comprehensive and cohesive explanatory accounts of law’s limits and for the first time in the field, introduces a distinction between formal and substantive effectiveness of laws. Its approach is trans-systemic, multi-jurisdictional and comparative, with a focus on six countries in North America, Europe, Asia, and Africa and international human rights case law based on matters arising from Hungary, Portugal, Spain, Slovakia, the Czech Republic, Peru and Bolivia. The book will be a valuable resource for educators, students, lawyers, rights advocates and policymakers working in women’s health, socio-legal studies, human rights, feminist legal studies, and legal philosophy more broadly.