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Author : Lon Luvois Fuller
Publisher :
ISBN 13 : 9788175341630
Total Pages : 0 pages
Book Rating : 4.3/5 (416 download)
Download or read book The Morality of Law written by Lon Luvois Fuller and published by . This book was released on 2004 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Thane Rosenbaum
Publisher : Harper Collins
ISBN 13 : 0062119885
Total Pages : 357 pages
Book Rating : 4.0/5 (621 download)
Download or read book The Myth of Moral Justice written by Thane Rosenbaum and published by Harper Collins. This book was released on 2011-08-23 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: “This is a thoughtful look at the shortcomings of the American legal system.” — Booklist “Rosenbaum should be read by every law student in America.” — New York Times Book Review “Mr. Rosenbaum’s complaints about the current legal system are widely shared.” — The New York Sun “[Rosenbaum] cleverly enlivens his discourse with histrionic scenes from novels, films, plays and TV.” — Miami Herald “[Rosenbaum’s] book ought to be required reading in law schools and continuing legal education classes.” — Washington Post
Author : Yuval Feldman
Publisher :
ISBN 13 : 1107137101
Total Pages : 257 pages
Book Rating : 4.1/5 (71 download)
Download or read book The Law of Good People written by Yuval Feldman and published by . This book was released on 2018-06-07 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that overcoming people's inability to recognize their own wrongdoing is the most important but regrettably neglected area of the behavioral approach to law.
Author : Adil Ahmad Haque
Publisher : Oxford University Press
ISBN 13 : 0199687390
Total Pages : 305 pages
Book Rating : 4.1/5 (996 download)
Download or read book Law and Morality at War written by Adil Ahmad Haque and published by Oxford University Press. This book was released on 2017 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: The laws are not silent in war, but what should they say? What is the moral function of the law of armed conflict? Should the law protect civilians who do not fight but help those who do? Should the law protect soldiers who perform non-combat functions or who may be safely captured? How certain should a soldier be that an individual is a combatant rather than a civilian before using lethal force? What risks should soldiers take on themselves to avoid harming civilians? When do inaccurate weapons become unlawfully indiscriminate? When does "collateral damage" to civilians become unlawfully disproportionate? Should civilians lose their legal rights by serving, voluntarily or involuntarily, as human shields? Finally, when should killing civilians constitute a war crime? These are the questions that Law and Morality at War answers, contributing to a cutting-edge international debate. Drawing on the concepts and methods of contemporary moral and legal philosophy, the book develops a normative framework within which the laws of war and international criminal law can be evaluated, criticized, and reformed. While several philosophical works critically examine the moral status of civilians and combatants, this book fills a gap, offering both an account of the laws of war and war crimes, and proposing how the law could be improved from a moral point of view. Finally, it explores when, if ever, the emotional pressures under which soldiers act should partially or wholly excuse their wrongful actions.
Author : Cass R. Sunstein
Publisher : Harvard University Press
ISBN 13 : 0674247531
Total Pages : 209 pages
Book Rating : 4.6/5 (742 download)
Download or read book Law and Leviathan written by Cass R. Sunstein and published by Harvard University Press. This book was released on 2020-09-15 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: From two legal luminaries, a highly original framework for restoring confidence in a government bureaucracy increasingly derided as “the deep state.” Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? Intolerable? American public law has long been riven by a persistent, serious conflict, a kind of low-grade cold war, over these questions. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed, as long as public officials are constrained by what they call the morality of administrative law. Law and Leviathan elaborates a number of principles that underlie this moral regime. Officials who respect that morality never fail to make rules in the first place. They ensure transparency, so that people are made aware of the rules with which they must comply. They never abuse retroactivity, so that people can rely on current rules, which are not under constant threat of change. They make rules that are understandable and avoid issuing rules that contradict each other. These principles may seem simple, but they have a great deal of power. Already, without explicit enunciation, they limit the activities of administrative agencies every day. But we can aspire for better. In more robust form, these principles could address many of the concerns that have critics of the administrative state mourning what they see as the demise of the rule of law. The bureaucratic Leviathan may be an inescapable reality of complex modern democracies, but Sunstein and Vermeule show how we can at last make peace between those who accept its necessity and those who yearn for its downfall.
Author : Jens Meierhenrich
Publisher : Cambridge University Press
ISBN 13 : 1108620175
Total Pages : 715 pages
Book Rating : 4.1/5 (86 download)
Download or read book The Cambridge Companion to the Rule of Law written by Jens Meierhenrich and published by Cambridge University Press. This book was released on 2021-08-12 with total page 715 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Cambridge Companion to the Rule of Law introduces students, scholars, and practitioners to the theory and history of the rule of law, one of the most frequently invoked-and least understood-ideas of legal and political thought and policy practice. It offers a comprehensive re-assessment by leading scholars of one of the world's most cherished traditions. This high-profile collection provides the first global and interdisciplinary account of the histories, moralities, pathologies and trajectories of the rule of law. Unique in conception, and critical in its approach, it evaluates, breaks down, and subverts conventional wisdom about the rule of law for the twenty-first century.
Author : W. Bradley Wendel
Publisher : Princeton University Press
ISBN 13 : 0691156212
Total Pages : 300 pages
Book Rating : 4.6/5 (911 download)
Download or read book Lawyers and Fidelity to Law written by W. Bradley Wendel and published by Princeton University Press. This book was released on 2012-08-26 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Even lawyers who obey the law often seem to act unethically--interfering with the discovery of truth, subverting justice, and inflicting harm on innocent people. Standard arguments within legal ethics attempt to show why it is permissible to do something as a lawyer that it would be wrong to do as an ordinary person. But in the view of most critics these arguments fail to turn wrongs into rights. Even many lawyers think legal ethics is flawed because it does not accurately describe the considerable moral value of their work. In Lawyers and Fidelity to Law, Bradley Wendel introduces a new conception of legal ethics that addresses the concerns of lawyers and their critics alike. Wendel proposes an ethics grounded on the political value of law as a collective achievement that settles intractable conflicts, allowing people who disagree profoundly to live together in a peaceful, stable society. Lawyers must be loyal and competent client representatives, Wendel argues, but these obligations must always be exercised within the law that constitutes their own roles and confers rights and duties upon their clients. Lawyers act unethically when they treat the law as an inconvenient obstacle to be worked around and when they twist and distort it to help their clients do what they are not legally entitled to do. Lawyers and Fidelity to Law challenges lawyers and their critics to reconsider the nature and value of ethical representation.
Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author : Ronald Dworkin
Publisher : Harvard University Press
ISBN 13 : 0674071964
Total Pages : 521 pages
Book Rating : 4.6/5 (74 download)
Download or read book Justice for Hedgehogs written by Ronald Dworkin and published by Harvard University Press. This book was released on 2011-05-03 with total page 521 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fox knows many things, the Greeks said, but the hedgehog knows one big thing. In his most comprehensive work, Ronald Dworkin argues that value in all its forms is one big thing: that what truth is, life means, morality requires, and justice demands are different aspects of the same large question. He develops original theories on a great variety of issues very rarely considered in the same book: moral skepticism, literary, artistic, and historical interpretation, free will, ancient moral theory, being good and living well, liberty, equality, and law among many other topics. What we think about any one of these must stand up, eventually, to any argument we find compelling about the rest. Skepticism in all its forms—philosophical, cynical, or post-modern—threatens that unity. The Galilean revolution once made the theological world of value safe for science. But the new republic gradually became a new empire: the modern philosophers inflated the methods of physics into a totalitarian theory of everything. They invaded and occupied all the honorifics—reality, truth, fact, ground, meaning, knowledge, and being—and dictated the terms on which other bodies of thought might aspire to them, and skepticism has been the inevitable result. We need a new revolution. We must make the world of science safe for value.
Author : Lewis D. Sargentich
Publisher : Cambridge University Press
ISBN 13 : 1108565301
Total Pages : 189 pages
Book Rating : 4.1/5 (85 download)
Download or read book Liberal Legality written by Lewis D. Sargentich and published by Cambridge University Press. This book was released on 2018-04-19 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: In his new book, Lewis D. Sargentich shows how two different kinds of legal argument - rule-based reasoning and reasoning based on principles and policies - share a surprising kinship and serve the same aspiration. He starts with the study of the rule of law in life, a condition of law that serves liberty - here called liberal legality. In pursuit of liberal legality, courts work to uphold people's legal entitlements and to confer evenhanded legal justice. Judges try to achieve the control of reason in law, which is manifest in law's coherence, and to avoid forms of arbitrariness, such as personal moral judgment. Sargentich offers a unified theory of the diverse ways of doing law, and shows that they all arise from the same root, which is a commitment to liberal legality.
Author : Peter M. Gerhart
Publisher : Cambridge University Press
ISBN 13 : 1009038729
Total Pages : 233 pages
Book Rating : 4.0/5 (9 download)
Download or read book Contract Law and Social Morality written by Peter M. Gerhart and published by Cambridge University Press. This book was released on 2021-02-18 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: When people in a relationship disagree about their obligations to each other, they need to rely on a method of reasoning that allows the relationship to flourish while advancing each person's private projects. This book presents a method of reasoning that reflects how people reason through disagreements and how courts create doctrine by reasoning about the obligations arising from the relationship. Built on the ideal of the other-regarding person, Contract Law and Social Morality displays a method of reasoning that allows one person to integrate their personal interests with the interests of another, determining how divergent interests can be balanced against each other. Called values-balancing reasoning, this methodology makes transparent the values at stake in a disagreement, and provides a neutral and objective way to identify and evaluate the trade-offs that are required if the relationship is to be sustained or terminated justly.
Author : Kenneth Einar Himma
Publisher : Oxford University Press
ISBN 13 : 0191035203
Total Pages : 344 pages
Book Rating : 4.1/5 (91 download)
Download or read book Morality and the Nature of Law written by Kenneth Einar Himma and published by Oxford University Press. This book was released on 2019-03-07 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: Morality and the Nature of Law explores the conceptual relationship between morality and the criteria that determine what counts as law in a given societythe criteria of legal validity. Is it necessary condition for a legal system to include moral criteria of legal validity? Is it even possible for a legal system to have moral criteria of legal validity? The book considers the views of natural law theorists ranging from Blackstone to Dworkin and rejects them, arguing that it is not conceptually necessary that the criteria of legal validity include moral norms. Further, it rejects the exclusive positivist view, arguing instead that it is conceptually possible for the criteria of validity to include moral norms. In the process of considering such questions, this book considers Raz's views concerning the nature of authority and Shapiro's views about the guidance function of law, which have been thought to repudiate the conceptual possibility of moral criteria of legal validity. The book, then, articulates a thought experiment that shows that it is possible for a legal system to have such criteria and concludes with a chapter that argues that any legal system, like that of the United States, which affords final authority over the content of the law to judges who are fallible with respect to the requirements of morality is a legal system with purely source-based criteria of validity.
Author : American Bar Association
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (116 download)
Download or read book Canons of Professional Ethics written by American Bar Association and published by . This book was released on 1952 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : David Lefkowitz
Publisher : Cambridge University Press
ISBN 13 : 1107138779
Total Pages : 289 pages
Book Rating : 4.1/5 (71 download)
Download or read book Philosophy and International Law written by David Lefkowitz and published by Cambridge University Press. This book was released on 2020-10-29 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers an accessible discussion of conceptual and moral questions on international law and advances the debate on many of these topics.
Author : Frisbee Candida Cheyenne Sheffield
Publisher :
ISBN 13 : 0199567816
Total Pages : 264 pages
Book Rating : 4.1/5 (995 download)
Download or read book Plato's Symposium written by Frisbee Candida Cheyenne Sheffield and published by . This book was released on 2006 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Frisbee Sheffield argues that the Symposium has been unduly marginalized by philosophers. Although the topic - eros - and the setting at a symposium have seemed anomalous, she demonstrates that both are intimately related to Plato's preoccupation with the nature of the good life, with virtue, and how it is acquired and transmitted. For Plato, analysing our desires is a way of reflecting on the kind of people we will turn out to be and on our chances of leading a worthwhile and happy life. In its focus on the question why he considered desires to be amenable to this type of reflection, this book explores Plato's ethics of desire.
Author : Kenneth Einar Himma
Publisher :
ISBN 13 : 0198854935
Total Pages : 289 pages
Book Rating : 4.1/5 (988 download)
Download or read book Coercion and the Nature of Law written by Kenneth Einar Himma and published by . This book was released on 2020 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Oxford Legal Philosophy publishes the best new work in philosophically-oriented legal theory. It commissions and solicits monographs in all branches of the subject, including works on philosophical issues in all areas of public and private law, and in the national, transnational, and international realms; studies of the nature of law, legal institutions, and legal reasoning; treatments of problems in political morality as they bear on law; and explorations in the nature and development of legal philosophy itself. The series represents diverse traditions of thought but always with an emphasis on rigor and originality. It sets the standard in contemporary jurisprudence. Book jacket.
Author : Ronald Dworkin
Publisher : OUP Oxford
ISBN 13 : 0198265573
Total Pages : 438 pages
Book Rating : 4.1/5 (982 download)
Download or read book Freedom's Law written by Ronald Dworkin and published by OUP Oxford. This book was released on 1999 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dworkin's important book is a collection of essays which discuss almost all of the great constitutional issues of the last two decades, including abortion, euthanasia, capital punishment, homosexuality, pornography, and free speech. Dworkin offers a consistently liberal view of the Constitution and argues that fidelity to it and to law demands that judges make moral judgments. He proposes that we all interpret the abstract language of the Constitution by reference to moral principles about political decency and justice. His 'moral reading' therefore brings political morality into the heart of constitutional law. The various chapters of this book were first published separately; now drawn together they provide the reader with a rich, full-length treatment of Dworkin's general theory of law.
