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Author : Robert Spence Watson
Publisher :
ISBN 13 :
Total Pages : 28 pages
Book Rating : 4.R/5 (5 download)
Download or read book The Proper Limits of Obedience to the Law written by Robert Spence Watson and published by . This book was released on 1887 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Norwood Damon
Publisher :
ISBN 13 :
Total Pages : 22 pages
Book Rating : 4.F/5 ( download)
Download or read book Remarks on the Importance of Obedience to Law, and the Duty of Good Citizens in Relation to the Sustaining of Law written by Norwood Damon and published by . This book was released on 1840 with total page 22 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Tom R. Tyler
Publisher : Princeton University Press
ISBN 13 : 1400828600
Total Pages : 307 pages
Book Rating : 4.4/5 (8 download)
Download or read book Why People Obey the Law written by Tom R. Tyler and published by Princeton University Press. This book was released on 2021-06-08 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: People obey the law if they believe it's legitimate, not because they fear punishment--this is the startling conclusion of Tom Tyler's classic study. Tyler suggests that lawmakers and law enforcers would do much better to make legal systems worthy of respect than to try to instill fear of punishment. He finds that people obey law primarily because they believe in respecting legitimate authority. In his fascinating new afterword, Tyler brings his book up to date by reporting on new research into the relative importance of legal legitimacy and deterrence, and reflects on changes in his own thinking since his book was first published.
Author : George Duke
Publisher : Cambridge University Press
ISBN 13 : 110715703X
Total Pages : 193 pages
Book Rating : 4.1/5 (71 download)
Download or read book Aristotle's Legal Theory written by George Duke and published by Cambridge University Press. This book was released on 2019-12-19 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a systematic exposition of Aristotle's legal thought and account of the relationship between law and politics.
Author : Kent Greenawalt
Publisher : Oxford University Press, USA
ISBN 13 : 0195058240
Total Pages : 396 pages
Book Rating : 4.1/5 (95 download)
Download or read book Conflicts of Law and Morality written by Kent Greenawalt and published by Oxford University Press, USA. This book was released on 1989 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: Powerful emotion and pursuit of self-interest have many times led people to break the law with the belief that they are doing so with sound moral reasons. This study is a comprehensive philosophical and legal analysis of the gray area in which the foundations of law and morality clash. In examining the extent of the obligations owed by citizens to their government, Greenawalt concentrates on the possible existence of a single source of obligation that reaches all citizens and all laws.
Author : Richard H. McAdams
Publisher : Harvard University Press
ISBN 13 : 0674967208
Total Pages : 335 pages
Book Rating : 4.6/5 (749 download)
Download or read book The Expressive Powers of Law written by Richard H. McAdams and published by Harvard University Press. This book was released on 2015-02-09 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: When asked why people obey the law, legal scholars usually give two answers. Law deters illicit activities by specifying sanctions, and it possesses legitimate authority in the eyes of society. Richard McAdams shifts the prism on this familiar question to offer another compelling explanation of how the law creates compliance: through its expressive power to coordinate our behavior and inform our beliefs. “McAdams’s account is useful, powerful, and—a rarity in legal theory—concrete...McAdams’s treatment reveals important insights into how rational agents reason and interact both with one another and with the law. The Expressive Powers of Law is a valuable contribution to our understanding of these interactions.” —Harvard Law Review “McAdams’s analysis widening the perspective of our understanding of why people comply with the law should be welcomed by those interested either in the nature of law, the function of law, or both...McAdams shows how law sometimes works by a power of suggestion. His varied examples are fascinating for their capacity both to demonstrate and to show the limits of law’s expressive power.” —Patrick McKinley Brennan, Review of Metaphysics
Author : Erik Claes
Publisher : Springer Science & Business Media
ISBN 13 : 3540798560
Total Pages : 540 pages
Book Rating : 4.5/5 (47 download)
Download or read book Facing the Limits of the Law written by Erik Claes and published by Springer Science & Business Media. This book was released on 2009-04-21 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many legal experts no longer share an unbounded trust in the potential of law to govern society efficiently and responsibly. They often experience the 'limits of the law', as they are confronted with striking inadequacies in their legal toolbox, with inner inconsistencies of the law, with problems of enforcement and obedience, and with undesired side-effects, and so on. The contributors to this book engage in the challenging task of making sense of this experience. Against the background of broader cultural transformations (such as globalisation, new technologies, individualism and cultural diversity), they revisit a wide range of areas of the law and map different types of limits in relation to some basic functions and characteristics of the law. Additionally, they offer a set of strategies to manage justifiably law's limits, such as dedramatising law's limits, conceptual refinement ('constructivism'), striking the right balance between different functions of the law, seeking for complementarity between law and other social practices.
Author : Mark J. Osiel
Publisher : Routledge
ISBN 13 : 1351502565
Total Pages : 506 pages
Book Rating : 4.3/5 (515 download)
Download or read book Obeying Orders written by Mark J. Osiel and published by Routledge. This book was released on 2017-07-05 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt: A soldier obeys illegal orders, thinking them lawful. When should we excuse his misconduct as based in reasonable error? How can courts convincingly convict the soldier's superior officer when, after Nuremberg, criminal orders are expressed through winks and nods, hints and insinuations? Can our notions of the soldier's "due obedience," designed for the Roman legionnaire, be brought into closer harmony with current understandings of military conflict in the contemporary world? Mark J. Osiel answers these questions in light of new learning about atrocity and combat cohesion, as well as changes in warfare and the nature of military conflict. Sources of atrocity are far more varied than current law assumes, and such variations display consistent patterns. The law now generally requires that soldiers resolve all doubts about the legality of a superior's order in favor of obedience. It excuses compliance with an illegal order unless the illegality - as with flagrant atrocities - would be immediately obvious to anyone. But these criteria are often in conflict and at odds with the law's underlying principles and policies. Combat and peace operations now depend more on tactical imagination, self-discipline, and loyalty to immediate comrades than on immediate, unreflective adherence to the letter of superiors' orders, backed by threat of formal punishment. The objective of military law is to encourage deliberative judgment. This can be done, Osiel suggests, in ways that enhance the accountability of our military forces, in both peace operations and more traditional conflicts, while maintaining their effectiveness. Osiel seeks to "civilianize" military law while building on soldiers' own internal ideals of professional virtuousness. He returns to the ancient ideal of martial honor, reinterpreting it in light of new conditions, arguing that it should be implemented through realistic training in which legal counsel plays an enlarged role rather than by threat of legal prosecuti
Author : Luke Kelly
Publisher : Springer
ISBN 13 : 3319651900
Total Pages : 220 pages
Book Rating : 4.3/5 (196 download)
Download or read book British Humanitarian Activity in Russia, 1890-1923 written by Luke Kelly and published by Springer. This book was released on 2017-11-27 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the efforts of British civil society to help a Russia seen to be struggling between 1890 and the 1920s. Luke Kelly seeks to show why churches, pressure groups, charities, politicians and journalists came to promote religious and political liberty and to relieve the victims of famines in late-tsarist and early communist Russia. By focusing on the roles of Christian, Jewish and liberal interests in deploying humanitarian solutions, Kelly shows how humanitarianism developed ‘from below’, while also examining the growth of a broader humanitarian discourse in the context of the Anglo-Russian relationship.
Author : Herbert C. Kelman
Publisher : Yale University Press
ISBN 13 : 9780300048131
Total Pages : 408 pages
Book Rating : 4.0/5 (481 download)
Download or read book Crimes of Obedience written by Herbert C. Kelman and published by Yale University Press. This book was released on 1989-01-01 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sergeant William Calley's defense of his behavior in the My Lai massacre and the widespread public support for his argument that he was merely obeying orders from a superior and was not personally culpable led Herbert C. Kelman and V. Lee Hamilton to investigate the attitudes toward responsibility and authority that underlie "crimes of obedience"--not only in military circumstances like My Lai but as manifested in Watergate, the Iran-Contra scandal, and the Kurt Waldheim affair. Their book is an ardent plea for the right and obligation of citizens to resist illegal and immoral orders from above.
Author : Aziz Z. Huq
Publisher : Oxford University Press
ISBN 13 : 0197556817
Total Pages : 193 pages
Book Rating : 4.1/5 (975 download)
Download or read book The Collapse of Constitutional Remedies written by Aziz Z. Huq and published by Oxford University Press. This book was released on 2021 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book describes and explains the failure of the federal courts of the United States to act and to provide remedies to individuals whose constitutional rights have been violated by illegal state coercion and violence. This remedial vacuum must be understood in light of the original design and historical development of the federal courts. At its conception, the federal judiciary was assumed to be independent thanks to an apolitical appointment process, a limited supply of adequately trained lawyers (which would prevent cherry-picking), and the constraining effect of laws and constitutional provision. Each of these checks quickly failed. As a result, the early federal judicial system was highly dependent on Congress. Not until the last quarter of the nineteenth century did a robust federal judiciary start to emerge, and not until the first quarter of the twentieth century did it take anything like its present form. The book then charts how the pressure from Congress and the White House has continued to shape courts behaviour-first eliciting a mid-twentieth-century explosion in individual remedies, and then driving a five-decade long collapse. Judges themselves have not avidly resisted this decline, in part because of ideological reasons and in part out of institutional worries about a ballooning docket. Today, as a result of these trends, the courts are stingy with individual remedies, but aggressively enforce the so-called "structural" constitution of the separation of powers and federalism. This cocktail has highly regressive effects, and is in urgent need of reform"--
Author : Frederick Schauer
Publisher : Harvard University Press
ISBN 13 : 0674368215
Total Pages : 256 pages
Book Rating : 4.6/5 (743 download)
Download or read book The Force of Law written by Frederick Schauer and published by Harvard University Press. This book was released on 2015-02-10 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bentham's law -- The possibility and probability of noncoercive law -- In search of the puzzled man -- Do people obey the law? -- Are officials above the law? -- Coercing obedience -- Of carrots and sticks -- Coercion's arsenal -- Awash in a sea of norms -- The differentiation of law
Author : Raymond Wacks
Publisher : Oxford University Press, USA
ISBN 13 : 9780199272587
Total Pages : 0 pages
Book Rating : 4.2/5 (725 download)
Download or read book Understanding Jurisprudence written by Raymond Wacks and published by Oxford University Press, USA. This book was released on 2005 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Understanding Jurisprudence explores the concept of law and its role within society. Detailing both the traditional and modern jurisprudential theories Raymond Wacks clearly relates these often complex arguments to the nature and purpose of our current legal systems. This book reveals the intriguing and challenging nature of jurisprudence with clarity and enthusiasm. Without avoiding the complexities and subtleties of the subject, the author provides an illuminating guide to the central questions of legal theory. An experienced teacher of jurisprudence and distinguished writer in the field, his approach is stimulating, accessible, and entertaining.
Author : John BROWN (D.D., of Edinburgh.)
Publisher :
ISBN 13 :
Total Pages : 208 pages
Book Rating : 4.0/5 (19 download)
Download or read book On the Law of Christ respecting Civil Obedience, especially in the Payment of Tribute; with an appendix of notes and documents ... Second edition written by John BROWN (D.D., of Edinburgh.) and published by . This book was released on 1838 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : William Atkins Edmundson
Publisher : Rowman & Littlefield
ISBN 13 : 9780847692552
Total Pages : 366 pages
Book Rating : 4.6/5 (925 download)
Download or read book The Duty to Obey the Law written by William Atkins Edmundson and published by Rowman & Littlefield. This book was released on 1999 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: The question, 'Why should I obey the law?' introduces a contemporary puzzle that is as old as philosophy itself. The puzzle is especially troublesome if we think of cases in which breaking the law is not otherwise wrongful, and in which the chances of getting caught are negligible. Philosophers from Socrates to H.L.A. Hart have struggled to give reasoned support to the idea that we do have a general moral duty to obey the law but, more recently, the greater number of learned voices has expressed doubt that there is any such duty, at least as traditionally conceived. The thought that there is no such duty poses a challenge to our ordinary understanding of political authority and its legitimacy. In what sense can political officials have a right to rule us if there is no duty to obey the laws they lay down? Some thinkers, concluding that a general duty to obey the law cannot be defended, have gone so far as to embrace philosophical anarchism, the view that the state is necessarily illegitimate. Others argue that the duty to obey the law can be grounded on the idea of consent, or on fairness, or on other ideas, such as community.
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: Plato has famously argued ...
Author : Ellen Nohle
Publisher : Edward Elgar Publishing
ISBN 13 : 1035332345
Total Pages : 277 pages
Book Rating : 4.0/5 (353 download)
Download or read book When Military Obedience and Restrictions on War Powers Collide written by Ellen Nohle and published by Edward Elgar Publishing. This book was released on 2024-04-12 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: This provocative book explores the precarious conflict between the legal restrictions on governments’ power to take military action and the legal liability of soldiers to execute military orders. Adopting a multidisciplinary approach, this insightful book challenges the current distribution of trust between military decision-makers and agents.
