The Rule Of Law In Retreat

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The Rule of Law in Retreat

Author : Slawomir Redo
Publisher : Rowman & Littlefield
ISBN 13 : 1666911577
Total Pages : 403 pages
Book Rating : 4.6/5 (669 download)

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Book Synopsis The Rule of Law in Retreat by : Slawomir Redo

Download or read book The Rule of Law in Retreat written by Slawomir Redo and published by Rowman & Littlefield. This book was released on 2022-03-22 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the past decade the Rule of Law developments in the world have become contentious; its idea, concept, and global implementation have met growing resistance, which may soon shift the global balance of power, prompting international crisis. This book offers insights into the globally relevant Rule-of-Law ramifications for human rights, constitutional law, and philosophy of law in the time of such considerable challenges to it. From this legal perspective, the contributors analyze the questions of independence of judiciary, liberal education, freedom of mass media; populism, and corruption. They discuss global civic education, enhanced social inclusion, violence prevention, restorative justice and other methods of civic participation that can create larger opportunities for freedom in a UN world and help overcome increased ideological division between global North and South.

The United States and the Rule of Law in International Affairs

Author : John F. Murphy
Publisher : Cambridge University Press
ISBN 13 : 9780521529686
Total Pages : 376 pages
Book Rating : 4.5/5 (296 download)

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Book Synopsis The United States and the Rule of Law in International Affairs by : John F. Murphy

Download or read book The United States and the Rule of Law in International Affairs written by John F. Murphy and published by Cambridge University Press. This book was released on 2004-09-16 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher Description

The Literary Exception and the Rule of Law

Author : Johan Van Der Walt
Publisher : Taylor & Francis
ISBN 13 : 100060389X
Total Pages : 270 pages
Book Rating : 4.0/5 (6 download)

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Book Synopsis The Literary Exception and the Rule of Law by : Johan Van Der Walt

Download or read book The Literary Exception and the Rule of Law written by Johan Van Der Walt and published by Taylor & Francis. This book was released on 2022-07-20 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: Addressing the influential analysis of law and literature, this book offers a new perspective on their relationship. The law and literature movement that has gained global prominence in the course of last decades of the twentieth and the first decades of the twenty-first centuries has provided the research and teaching of law with a considerable body of new and valuable knowledge and understanding. Most of the knowledge and insights generated by the movement concern either a thematic overlap between legal and literary discourses – suggesting they deal with the same moral concerns – or a rhetorical, semiotic or general linguistic comparability or ‘sameness’ between them – imputing to both the same or very similar narrative structures. The Literary Exception and the Rule of Law recognises the wealth of knowledge generated by this approach to the relationship between law and literature, and acknowledges its debt to this genre of scholarship. It nevertheless also proposes, on the basis of a number of revealing phenomenological inquiries, a different approach to law and literary studies: one that emphasises the irreducible difference between law and literature. It does so with the firm believe that a regard for the very different and indeed opposite discursive trajectories of legal and literary language allows for a more profound understanding of the unique and indeed separate roles that the discourses of law and literature generally play in the sustenance of relatively stable legal cultures. This important rethinking of the relationship between law and literature will appeal to scholars and students of legal theory, jurisprudence, philosophy, politics and literary theory.

The Rule of Law

Author : Robert Paul Wolff
Publisher : New York : Simon and Schuster
ISBN 13 :
Total Pages : 264 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Rule of Law by : Robert Paul Wolff

Download or read book The Rule of Law written by Robert Paul Wolff and published by New York : Simon and Schuster. This book was released on 1971 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Democracy and Rule of Law in China's Shadow

Author : Brian Christopher Jones
Publisher : Bloomsbury Publishing
ISBN 13 : 1509933980
Total Pages : 320 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Democracy and Rule of Law in China's Shadow by : Brian Christopher Jones

Download or read book Democracy and Rule of Law in China's Shadow written by Brian Christopher Jones and published by Bloomsbury Publishing. This book was released on 2021-06-03 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides detailed insight into some of the most contentious events occurring in jurisdictions operating within China's vast shadow. Epic clashes between law and politics have become a regular fixture throughout the world, and no region has seen more of these than Asia. In some cases these conflicts have involved newfound democratic aspirations or democratic deepening, while in others it has arisen because of pushback against authoritarian or semi-authoritarian governments. Indeed, many of these clashes centre on or involve the region's most powerful and controversial player: China. This book focuses on several of these critical struggles, examining how democracy and the rule of law play out in a number of jurisdictions highly influenced by China's presence. Chapters provide insightful analysis on issues such as: major threats to the rule of law and attempts to uphold the principle, oath-taking controversies, foreign judges and the disparagement of the judiciary, unconstitutional and undemocratic provisions, changing ideas of representation, a right to democracy in international law, same-sex marriage rights, and the legal responses to civil disobedience in Taiwan and Hong Kong, among other topics. Ultimately, the book delivers a contemporary understanding of how democracy and the rule of law both complement and converge in this fascinating region.

Rule of Law Dynamics

Author : Michael Zurn
Publisher : Cambridge University Press
ISBN 13 : 1139510975
Total Pages : pages
Book Rating : 4.1/5 (395 download)

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Book Synopsis Rule of Law Dynamics by : Michael Zurn

Download or read book Rule of Law Dynamics written by Michael Zurn and published by Cambridge University Press. This book was released on 2012-06-18 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the various strategies, mechanisms and processes that influence rule of law dynamics across borders and the national/international divide, illuminating the diverse paths of influence. It shows to what extent, and how, rule of law dynamics have changed in recent years, especially at the transnational and international levels of government. To explore these interactive dynamics, the volume adopts an interdisciplinary approach, bringing together the normative perspective of law with the analytical perspective of social sciences. The volume contributes to several fields, including studies of rule of law, law and development, and good governance; democratization; globalization studies; neo-institutionalism and judicial studies; international law, transnational governance and the emerging literature on judicial reforms in authoritarian regimes; and comparative law (Islamic, African, Asian, Latin American legal systems).

China's Long March Toward Rule of Law

Author : Randall Peerenboom
Publisher : Cambridge University Press
ISBN 13 : 9780521016742
Total Pages : 700 pages
Book Rating : 4.0/5 (167 download)

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Book Synopsis China's Long March Toward Rule of Law by : Randall Peerenboom

Download or read book China's Long March Toward Rule of Law written by Randall Peerenboom and published by Cambridge University Press. This book was released on 2002-09-26 with total page 700 pages. Available in PDF, EPUB and Kindle. Book excerpt: Argues that China is in transition from rule by law to a version of rule of law.

Judge Advocate Legal Service

Author : Judge Advocate General's School (United States. Army)
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (319 download)

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Book Synopsis Judge Advocate Legal Service by : Judge Advocate General's School (United States. Army)

Download or read book Judge Advocate Legal Service written by Judge Advocate General's School (United States. Army) and published by . This book was released on 1963 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Judge Advocate Legal Service

Author :
Publisher :
ISBN 13 :
Total Pages : 460 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Judge Advocate Legal Service by :

Download or read book Judge Advocate Legal Service written by and published by . This book was released on 1963 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Ultimate Rule of Law

Author : David M. Beatty
Publisher : Oxford University Press, USA
ISBN 13 : 9780199269808
Total Pages : 228 pages
Book Rating : 4.2/5 (698 download)

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Book Synopsis The Ultimate Rule of Law by : David M. Beatty

Download or read book The Ultimate Rule of Law written by David M. Beatty and published by Oxford University Press, USA. This book was released on 2004 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Ultimate Rule of Law addresses the age-old tension between law and politics by examining whether the personal beliefs of judges come into play in adjudicating on issues of religious freedom, sex discrimination, and social and economic rights. Decisions by the Supreme Courts of India, Japan, Canada, the United States, Ireland, Israel, the Constitutional Courts of Germany, Hungary, South Africa, and the European Court of Human Rights on such controversial issues as government funding of religious schools, abortion, same sex marriages, women in the military, and rights to basic shelter and life saving medical treatment are evaluated and compared. Beatty develops a radical alternative to the conventional view that in deciding these cases judges engage in an essentially interpretative, and thus subjective act, relying ultimately on their personal beliefs and political opinions. His analysis shows that it is possible to apply an impartial and objective method of judicial review, based on the principle of proportionality, which acts as an ultimate rule of law and is fully compatible with the ideals of democracy and popular sovereignty. Controversially, Beatty concludes that although this method of judicial review originated in the United States, American judges generally appear to be far less inclined to this conception of constitutional adjudication than their counterparts in Europe, Africa, and Asia.

Settled Versus Right

Author : Randy J. Kozel
Publisher : Cambridge University Press
ISBN 13 : 110712753X
Total Pages : 191 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Settled Versus Right by : Randy J. Kozel

Download or read book Settled Versus Right written by Randy J. Kozel and published by Cambridge University Press. This book was released on 2017-06-06 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes the theoretical nuances and practical implications of how judges use precedent.

Department of the Army Pamphlet

Author :
Publisher :
ISBN 13 :
Total Pages : 2312 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Department of the Army Pamphlet by :

Download or read book Department of the Army Pamphlet written by and published by . This book was released on 1984 with total page 2312 pages. Available in PDF, EPUB and Kindle. Book excerpt:

DA Pam

Author :
Publisher :
ISBN 13 :
Total Pages : 484 pages
Book Rating : 4.:/5 (6 download)

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Book Synopsis DA Pam by :

Download or read book DA Pam written by and published by . This book was released on 1963 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Killing in Self-Defence

Author : Fiona Leverick
Publisher : OUP Oxford
ISBN 13 : 0191566659
Total Pages : 248 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis Killing in Self-Defence by : Fiona Leverick

Download or read book Killing in Self-Defence written by Fiona Leverick and published by OUP Oxford. This book was released on 2006-12-07 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a comprehensive analysis of the criminal defence of self-defence from a philosophical, legal and human rights perspective. The primary focus is on self-defence as a defence to homicide, as this is the most difficult type of self-defensive force to justify. Although not always recognised as such, self-defence is a contentious defence, permitting as it does the victim of an attack to preserve her life at the expense of another. If one holds that all human life is of equal value, explaining why this is permissible poses something of a challenge. It is particularly difficult to explain where the aggressor is, for reasons of non-age or insanity for example, not responsible for her actions. The first part of the book is devoted to identifying the proper theoretical basis of a claim of self-defence. It examines the classification of defences, and the concepts of justification and excuse in particular, and locates self-defence within this classification. It considers the relationship between self-defence and the closely related defences of duress and necessity. It then proceeds critically to analyse various philosophical explanations of why self-defensive killing is justified, before concluding that the most convincing account is one that draws on the right to life with an accompanying theory of forfeiture. The book then proceeds to draw upon this analysis to examine various aspects of the law of self-defence. There is detailed analysis of the way in which, on a human rights approach, it is appropriate to treat the issues of retreat, imminence of harm, self-generated self-defence, mistake and proportionality, with a particular focus on whether lethal force is ever permissible in protecting property or in preventing rape. The analysis draws on material from all of the major common law jurisdictions. The book concludes with an examination of the implications that the European Convention on Human Rights might have for the law of self-defence, especially in the areas of mistaken belief and the degree of force permissible to protect property.

Champions of the Rule of Law

Author : John Hostettler
Publisher : Waterside Press
ISBN 13 : 1904380689
Total Pages : 195 pages
Book Rating : 4.9/5 (43 download)

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Book Synopsis Champions of the Rule of Law by : John Hostettler

Download or read book Champions of the Rule of Law written by John Hostettler and published by Waterside Press. This book was released on 2011 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: An account of the lawyers who helped - over centuries - to develop and protect civil liberties, human rights and the Rule of Law. Also discusses breaches of the Rule of Law in modern cases and in response to terrorism.

Global Constitutionalism from European and East Asian Perspectives

Author : Takao Suami
Publisher : Cambridge University Press
ISBN 13 : 1108266290
Total Pages : 625 pages
Book Rating : 4.1/5 (82 download)

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Book Synopsis Global Constitutionalism from European and East Asian Perspectives by : Takao Suami

Download or read book Global Constitutionalism from European and East Asian Perspectives written by Takao Suami and published by Cambridge University Press. This book was released on 2018-11-29 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: Global Constitutionalism argues that parts of international law can be understood as being grounded in the rule of law and human rights, and insists that international law can and should be interpreted and progressively developed in the direction of greater respect for and realization of those principles. Global Constitutionalism has been discussed primarily by European scholars. Yet without the engagement of scholars from other parts of the world, the universalist claims underlying Global Constitutionalism ring hollow. This is particularly true with regard to East Asia, where nearly half the world's population and a growing share of global economic and military capacities are located. Are East Asian perspectives on Global Constitutionalism similar to European perspectives? Against the background of current power shifts in international law, this book constitutes the first cross-cultural work on various facets of Global Constitutionalism and elaborates a more nuanced concept that fits our times.

Democracy in Retreat

Author : Joshua Kurlantzick
Publisher : Yale University Press
ISBN 13 : 030018896X
Total Pages : 404 pages
Book Rating : 4.3/5 (1 download)

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Book Synopsis Democracy in Retreat by : Joshua Kurlantzick

Download or read book Democracy in Retreat written by Joshua Kurlantzick and published by Yale University Press. This book was released on 2013-03-19 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: DIVSince the end of the Cold War, the assumption among most political theorists has been that as nations develop economically, they will also become more democratic—especially if a vibrant middle class takes root. This assumption underlies the expansion of the European Union and much of American foreign policy, bolstered by such examples as South Korea, the Philippines, Taiwan, and even to some extent Russia. Where democratization has failed or retreated, aberrant conditions take the blame: Islamism, authoritarian Chinese influence, or perhaps the rise of local autocrats./divDIV /divDIVBut what if the failures of democracy are not exceptions? In this thought-provoking study of democratization, Joshua Kurlantzick proposes that the spate of retreating democracies, one after another over the past two decades, is not just a series of exceptions. Instead, it reflects a new and disturbing trend: democracy in worldwide decline. The author investigates the state of democracy in a variety of countries, why the middle class has turned against democracy in some cases, and whether the decline in global democratization is reversible./div