Reasonableness and Law

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Publisher : Springer Science & Business Media
ISBN 13 : 1402085001
Total Pages : 462 pages
Book Rating : 4.4/5 (2 download)

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Book Synopsis Reasonableness and Law by : Giorgio Bongiovanni

Download or read book Reasonableness and Law written by Giorgio Bongiovanni and published by Springer Science & Business Media. This book was released on 2009-08-19 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reasonableness is at the centre of legal debate, both in academic circles and in practice. This unique reference work adopts an interdisciplinary perspective, merging jurisprudence, legal theory, political philosophy and the different branches of law. All aspects relating to reasonableness and law are addressed by the most prominent scholars in the field. In the first part of the book, the focus is on jurisprudential analyses of the concept of reasonableness and on its moral, political and constitutional implications. In the second part, reasonableness is examined in the different fields of law like Public, Private and International Law. Here in more detail the practical consequences of reasonableness are worked out, making this work of interest to practitioners as well as legal theorists.

The Reasonableness of the Law

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Publisher :
ISBN 13 :
Total Pages : 424 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Reasonableness of the Law by : Charles William Bacon

Download or read book The Reasonableness of the Law written by Charles William Bacon and published by . This book was released on 1924 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Reasonableness and Responsibility: A Theory of Contract Law

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Publisher : Springer Science & Business Media
ISBN 13 : 9400746059
Total Pages : 185 pages
Book Rating : 4.4/5 (7 download)

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Book Synopsis Reasonableness and Responsibility: A Theory of Contract Law by : Martín Hevia

Download or read book Reasonableness and Responsibility: A Theory of Contract Law written by Martín Hevia and published by Springer Science & Business Media. This book was released on 2012-09-14 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: If, as John Rawls famously suggests, justice is the first virtue of social institutions, how are we to understand the institution of contract law? This book proposes a Rawlsian theory of contract law. It argues that justice requires that we understand contract rules in terms of the idea of reasonable, terms of interaction – that is, terms that would be accepted by reasonable persons moved by a desire for a social world in which they, as free and equal, can cooperate with others on terms they accept. On that basis, the book explains the main doctrines of contract law, including those governing third parties, in both the Common Law and the Civil Law.

The Reasonable Robot

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Publisher : Cambridge University Press
ISBN 13 : 1108472125
Total Pages : 165 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis The Reasonable Robot by : Ryan Abbott

Download or read book The Reasonable Robot written by Ryan Abbott and published by Cambridge University Press. This book was released on 2020-06-25 with total page 165 pages. Available in PDF, EPUB and Kindle. Book excerpt: Argues that treating people and artificial intelligence differently under the law results in unexpected and harmful outcomes for social welfare.

Murder and the Reasonable Man

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Publisher : NYU Press
ISBN 13 : 0814765149
Total Pages : 371 pages
Book Rating : 4.8/5 (147 download)

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Book Synopsis Murder and the Reasonable Man by : Cynthia Lee

Download or read book Murder and the Reasonable Man written by Cynthia Lee and published by NYU Press. This book was released on 2007-10-01 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: A man murders his wife after she has admitted her infidelity; another man kills an openly gay teammate after receiving a massage; a third man, white, goes for a jog in a “bad” neighborhood, carrying a pistol, and shoots an African American teenager who had his hands in his pockets. When brought before the criminal justice system, all three men argue that they should be found “not guilty”; the first two use the defense of provocation, while the third argues he used his gun in self-defense. Drawing upon these and similar cases, Cynthia Lee shows how two well-established, traditional criminal law defenses—the doctrines of provocation and self-defense—enable majority-culture defendants to justify their acts of violence. While the reasonableness requirement, inherent in both defenses, is designed to allow community input and provide greater flexibility in legal decision-making, the requirement also allows majority-culture defendants to rely on dominant social norms, such as masculinity, heterosexuality, and race (i.e., racial stereotypes), to bolster their claims of reasonableness. At the same time, Lee examines other cases that demonstrate that the reasonableness requirement tends to exclude the perspectives of minorities, such as heterosexual women, gays and lesbians, and persons of color. Murder and the Reasonable Man not only shows how largely invisible social norms and beliefs influence the outcomes of certain criminal cases, but goes further, suggesting three tentative legal reforms to address problems of bias and undue leniency. Ultimately, Lee cautions that the true solution lies in a change in social attitudes.

The Reasonableness of Law

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Publisher :
ISBN 13 :
Total Pages : 128 pages
Book Rating : 4.:/5 (194 download)

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Book Synopsis The Reasonableness of Law by : Lindsay G. Arthur

Download or read book The Reasonableness of Law written by Lindsay G. Arthur and published by . This book was released on 1965 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Rethinking the Reasonable Person

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Publisher : Oxford University Press, USA
ISBN 13 : 9780199247820
Total Pages : 372 pages
Book Rating : 4.2/5 (478 download)

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Book Synopsis Rethinking the Reasonable Person by : Mayo Moran

Download or read book Rethinking the Reasonable Person written by Mayo Moran and published by Oxford University Press, USA. This book was released on 2003 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 'reasonable person' is used to assess the acceptability of behaviour in many areas of the law. This notion has attracted a great deal of criticism as it presupposes uncontested notions of 'normal' behaviour. This book explores whether there are deeper foundations to these criticisms.

Law and Objectivity

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Publisher : Oxford University Press
ISBN 13 : 0195356926
Total Pages : 301 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis Law and Objectivity by : Kent Greenawalt

Download or read book Law and Objectivity written by Kent Greenawalt and published by Oxford University Press. This book was released on 1995-06-29 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: In modern times the idea of the objectivity of law has been undermined by skepticism about legal institutions, disbelief in ideals of unbiased evaluation, and a conviction that language is indeterminate. Greenawalt here considers the validity of such skepticism, examining such questions as: whether the law as it exists provides determinate answers to legal problems; whether the law should treat people in an "objective way," according to abstract rules, general categories, and external consequences; and how far the law is anchored in something external to itself, such as social morality, political justice, or economic efficiency. In the process he illuminates the development of jurisprudence in the English-speaking world over the last fifty years, assessing the contributions of many important movements.

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.

Securing Reasonable Caseloads

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Publisher :
ISBN 13 : 9780615543765
Total Pages : 292 pages
Book Rating : 4.5/5 (437 download)

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Book Synopsis Securing Reasonable Caseloads by : Norman Lefstein

Download or read book Securing Reasonable Caseloads written by Norman Lefstein and published by . This book was released on 2011 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: For the criminal justice system to work, adequate resources must be available for police, prosecutors and public defense. This timely, incisive and important book by Professor Norman Lefstein looks carefully at one leg of the justice system's "three-legged stool"public defenseand the chronic overload of cases faced by public defenders and other lawyers who represent the indigent. Fortunately, the publication does far more than bemoan the current lack of adequate funding, staffing and other difficulties faced by public defense systems in the U.S. and offers concrete suggestions for dealing with these serious issues.

A Concise History of the Common Law

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Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 1584771372
Total Pages : 828 pages
Book Rating : 4.5/5 (847 download)

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Book Synopsis A Concise History of the Common Law by : Theodore Frank Thomas Plucknett

Download or read book A Concise History of the Common Law written by Theodore Frank Thomas Plucknett and published by The Lawbook Exchange, Ltd.. This book was released on 2001 with total page 828 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published: 5th ed. Boston: Little, Brown and Co., 1956.

A Digest of WTO Jurisprudence on Public International Law Concepts and Principles

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Publisher : Cambridge University Press
ISBN 13 : 9781107102767
Total Pages : 0 pages
Book Rating : 4.1/5 (27 download)

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Book Synopsis A Digest of WTO Jurisprudence on Public International Law Concepts and Principles by : Graham Cook

Download or read book A Digest of WTO Jurisprudence on Public International Law Concepts and Principles written by Graham Cook and published by Cambridge University Press. This book was released on 2015-07-02 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In its first twenty years, the WTO dispute settlement system generated over 350 decisions totalling more than 60,000 pages. These decisions contain many statements by WTO adjudicators regarding the law of treaties, state responsibility, international dispute settlement, and other topics of general public international law. This book is a collection of nearly one thousand statements by WTO adjudicators relating to admissibility and jurisdiction; attribution of conduct to a State; breach of an obligation; conflicts between treaties; countermeasures; due process; evidence before international tribunals; good faith; judicial economy; municipal law; non-retroactivity; reasonableness; sources of international law; sovereignty; treaty interpretation; and words and phrases commonly used in treaties and other international legal instruments. This comprehensive digest presents summaries and extracts organized systematically under issue-specific sub-headings, making this jurisprudence easily accessible to students and practitioners working in any field of international law.

"Beyond Reasonable Doubt" and "probable Cause"

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Author :
Publisher : Univ of California Press
ISBN 13 : 9780520084513
Total Pages : 388 pages
Book Rating : 4.0/5 (845 download)

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Book Synopsis "Beyond Reasonable Doubt" and "probable Cause" by : Barbara J. Shapiro

Download or read book "Beyond Reasonable Doubt" and "probable Cause" written by Barbara J. Shapiro and published by Univ of California Press. This book was released on 1991-01-01 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Demise of the Reasonable Man

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Publisher :
ISBN 13 : 9781315131658
Total Pages : pages
Book Rating : 4.1/5 (316 download)

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Book Synopsis The Demise of the Reasonable Man by : Michael Saltman

Download or read book The Demise of the Reasonable Man written by Michael Saltman and published by . This book was released on 2017 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "Judges in most societies often resort to resolving disputes by means of applying a criterion of reasonableness. In The Demise of the'Reasonable Man' Michael Saltman explores the ways in which reasonableness varies from one legal culture to another, defined by the relative presence or absence of centralized political power. In non-politically centralized societies, Saltman says, judges seek meanings underlying human behavior, and try to place reasonableness within a societal and cultural context. This is possible because primitive societies are relatively homogenous in their values and tend towards consensus when determining what constitutes reasonable behavior. In contrast, modern judges resort to standards of reasonableness only when the legal standard is unclear. Saltman contrasts judges in politically centralized societies, who, in the absence of such consensus, have the authority to determine, on the basis of that authority, what constitutes reasonableness. This rich volume references case studies drawn from ethnographic fieldwork, historical sources, and law reports to demonstrate differences in judicial attitudes toward reasonableness."--Provided by publisher.

Proportionality, Reasonableness and Standards of Review in International Investment Law and Arbitration

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Publisher :
ISBN 13 : 9781785368578
Total Pages : 0 pages
Book Rating : 4.3/5 (685 download)

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Book Synopsis Proportionality, Reasonableness and Standards of Review in International Investment Law and Arbitration by : Valentina Vadi

Download or read book Proportionality, Reasonableness and Standards of Review in International Investment Law and Arbitration written by Valentina Vadi and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: International investment law is one of the most dynamic fields of international law, and yet it has been criticised for failing to strike a fair balance between private and public interests. In this valuable contribution to the current debate, Valentina Vadi examines the merits and pitfalls of arbitral tribunals' use of the concepts of proportionality and reasonableness to review the compatibility of a state's regulatory actions with its obligations under international investment law. Investment law scholars have hitherto given greater attention to the concept of proportionality than to reasonableness; this pivotal book combats this trajectory by examining both concepts in such a way that it does not advocate one over the other, but instead enables the reader to make informed choices. The author also explores the intensity of review as one of the main tools to calibrate the different interests underlying investor-state arbitrations. This timely book offers a useful conceptual framework for reconciling the opposing interests at stake, making it a valuable resource for international law scholars and practitioners and other interested readers. International investment law is one of the most dynamic fields of international law, and yet it has been criticised for failing to strike a fair balance between private and public interests. In this valuable contribution to the current debate, Valentina Vadi examines the merits and pitfalls of arbitral tribunals' use of the concepts of proportionality and reasonableness to review the compatibility of a state's regulatory actions with its obligations under international investment law. Investment law scholars have hitherto given greater attention to the concept of proportionality than to reasonableness; this pivotal book combats this trajectory by examining both concepts in such a way that it does not advocate one over the other, but instead enables the reader to make informed choices. The author also explores the intensity of review as one of the main tools to calibrate the different interests underlying investor-state arbitrations. This timely book offers a useful conceptual framework for reconciling the opposing interests at stake, making it a valuable resource for international law scholars and practitioners and other interested readers.--

The Reasonable Person

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Publisher : Createspace Independent Pub
ISBN 13 : 9781477640623
Total Pages : 300 pages
Book Rating : 4.6/5 (46 download)

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Book Synopsis The Reasonable Person by : Steven R. Sedberry

Download or read book The Reasonable Person written by Steven R. Sedberry and published by Createspace Independent Pub. This book was released on 2012-06-01 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Have you ever felt like you were from the wrong side of the spiritual tracks? You see people on Sundays, heading to church, impeccably dressed and coiffed. Their lives seem perfect. These people seem so different from you. Perhaps you think that you aren't good enough for God. Your life's road has been paved with all kinds of potholes, and you've wrecked the car a number of times. Christianity seems like a country club and you aren't a member. You know that there is a God, somewhere. You observe the world around you and know that it can't all be explained by random biological processes. But the religious structure created by modern day Christianity has impeded your search. Christians explain all of it with Christianspeak, the strange terminology that only Christians can understand. The Reasonable Person- Due Process of Law, Logic and Faith was written for people who have that spiritual itch—the feeling deep in your hearts that there must be something more. The author, Steven Sedberry, examines the claims of Christianity using many of the same analytical tools used in law practice. In The Reasonable Person, he demystifies Christian jargon, and provides a step-by-step guide to the logic behind and practice of Christian faith. The good news is that you are good enough for God. This book will help you to understand why.

Reasonable Expectations

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Publisher : American Bar Association
ISBN 13 : 9781634255745
Total Pages : 432 pages
Book Rating : 4.2/5 (557 download)

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Book Synopsis Reasonable Expectations by : Lyndon F. Bittle

Download or read book Reasonable Expectations written by Lyndon F. Bittle and published by American Bar Association. This book was released on 2016 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: For lawyers specializing in insurance coverage litigation, this is a concise and quick orientation to the law of insurance in specific jurisdictions. It is an invaluable resource for lawyers who may not regularly practice law in a particular jurisdiction but are faced with the need to know howthat jurisdiction would likely construe a policy provision. Chapters are arranged in an invaluable 50-state survey format, written by experienced practitioners in that state and identifying the key cases and terms that can be quickly turned to as a springboard for further research when a lawyer is faced with a difficult conflict-of-law question. In addition, the book addresses common law interpretation in Canada, England, and Wales, as well as the anticipated ALI Restatement of the Law of Liability Insurance.