The State Of Law

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Law and the State

Author : Alain Marciano
Publisher : Edward Elgar Publishing
ISBN 13 : 9781845426798
Total Pages : 432 pages
Book Rating : 4.4/5 (267 download)

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Book Synopsis Law and the State by : Alain Marciano

Download or read book Law and the State written by Alain Marciano and published by Edward Elgar Publishing. This book was released on 2005-01-01 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and the State provides a political economy analysis of the legal functioning of a democratic state, illustrating how it builds on informational and legal constraints. It explains, in an organised and thematic fashion, how competitive information enhances democracy while strategic information endangers it, and discusses how legal constraints stress the dilemma of independence versus discretion for judges as well as the elusive role of administrators and experts. Throughout the book, empirical evidence and comparative studies illuminate sometimes provocative theoretical views on issues such as: the place of the rule of law in constitutional and banking systems; regulation of copyright, art and heritage; innovations and technologies of communication and information; terrorism and media manipulation. Both private and public law, applied and theoretical issues are covered comprehensively. Academics and researchers of law and economics and public choice will find much to challenge and inform them within this book.

Law against the State

Author : Julia Eckert
Publisher : Cambridge University Press
ISBN 13 : 1107379040
Total Pages : 307 pages
Book Rating : 4.1/5 (73 download)

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Book Synopsis Law against the State by : Julia Eckert

Download or read book Law against the State written by Julia Eckert and published by Cambridge University Press. This book was released on 2012-05-24 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of rich, empirically grounded case studies investigates the conditions and consequences of 'juridification' - the use of law by ordinary individuals as a form of protest against 'the state'. Starting from the actual practices of claimants, these case studies address the translation and interpretation of legal norms into local concepts, actions and practices in a way that highlights the social and cultural dynamism and multivocality of communities in their interaction with the law and legal norms. The contributors to this volume challenge the image of homogeneous and primordially norm-bound cultures that has been (unintentionally) perpetuated by some of the more prevalent treatments of law and culture. This volume highlights the heterogeneous geography of law and the ways boundaries between different legal bodies are transcended in struggles for rights. Contributions include case studies from South Africa, Malawi, Sierra Leone, Turkey, India, Papua New Guinea, Suriname, the Marshall Islands and Russia.

Trials of the State

Author : Jonathan Sumption
Publisher : Profile Books
ISBN 13 : 1782836225
Total Pages : 77 pages
Book Rating : 4.7/5 (828 download)

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Book Synopsis Trials of the State by : Jonathan Sumption

Download or read book Trials of the State written by Jonathan Sumption and published by Profile Books. This book was released on 2019-08-29 with total page 77 pages. Available in PDF, EPUB and Kindle. Book excerpt: A SUNDAY TIMES BESTSELLER In the past few decades, legislatures throughout the world have suffered from gridlock. In democracies, laws and policies are just as soon unpicked as made. It seems that Congress and Parliaments cannot forge progress or consensus. Moreover, courts often overturn decisions made by elected representatives. In the absence of effective politicians, many turn to the courts to solve political and moral questions. Rulings from the Supreme Courts in the United States and United Kingdom, or the European court in Strasbourg may seem to end the debate but the division and debate does not subside. In fact, the absence of democratic accountability leads to radicalisation. Judicial overreach cannot make up for the shortcomings of politicians. This is especially acute in the field of human rights. For instance, who should decide on abortion or prisoners' rights to vote, elected politicians or appointed judges? Expanding on arguments first laid out in the 2019 Reith Lectures, Jonathan Sumption argues that the time has come to return some problems to the politicians.

RICO State by State

Author : John E. Floyd
Publisher : American Bar Association
ISBN 13 : 9781570733963
Total Pages : 1020 pages
Book Rating : 4.7/5 (339 download)

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Book Synopsis RICO State by State by : John E. Floyd

Download or read book RICO State by State written by John E. Floyd and published by American Bar Association. This book was released on 1998 with total page 1020 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Command and Persuade

Author : Peter Baldwin
Publisher : MIT Press
ISBN 13 : 0262361493
Total Pages : 475 pages
Book Rating : 4.2/5 (623 download)

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Book Synopsis Command and Persuade by : Peter Baldwin

Download or read book Command and Persuade written by Peter Baldwin and published by MIT Press. This book was released on 2021-10-05 with total page 475 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why, when we have been largely socialized into good behavior, are there more laws that govern our behavior than ever before? Voted one of the best law books of 2021 by the UK Times. Levels of violent crime have been in a steady decline for centuries--for millennia, even. Over the past five hundred years, homicide rates have decreased a hundred-fold. We live in a time that is more orderly and peaceful than ever before in human history. Why, then, does fear of crime dominate modern politics? Why, when we have been largely socialized into good behavior, are there more laws that govern our behavior than ever before? In Command and Persuade, Peter Baldwin examines the evolution of the state's role in crime and punishment over three thousand years. Baldwin explains that the involvement of the state in law enforcement and crime prevention is relatively recent. In ancient Greece, those struck by lightning were assumed to have been punished by Zeus. In the Hebrew Bible, God was judge, jury, and prosecutor when Cain killed Abel. As the state’s power as lawgiver grew, more laws governed behavior than ever before; the sum total of prohibited behavior has grown continuously. At the same time, as family, community, and church exerted their influences, we have become better behaved and more law-abiding. Even as the state stands as the socializer of last resort, it also defines through law the terrain on which we are schooled into acceptable behavior.

General Theory of Law and State

Author : Hans Kelsen
Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 1584777176
Total Pages : 544 pages
Book Rating : 4.5/5 (847 download)

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Book Synopsis General Theory of Law and State by : Hans Kelsen

Download or read book General Theory of Law and State written by Hans Kelsen and published by The Lawbook Exchange, Ltd.. This book was released on 2009 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reprint of the first edition. This classic work by the important Austrian jurist is the fullest exposition of his enormously influential pure theory of law, which includes a theory of the state. It also has an extensive appendix that discusses the pure theory in comparison with the law of nature, positivism, historical natural law, metaphysical dualism and scientific-critical philosophy. "The scope of the work is truly universal. It never loses itself in vague generalities or in unconnected fragments of thought. On the contrary, precision in the formulation of details and rigorous system are characteristic features of the exposition: only a mind fully concentrated upon that logical structure can possibly follow Kelsen's penetrating analysis. Such a mind will not shrink from the effort necessary for acquainting itself with...the pure theory of law in its more general aspects, and will then pass over to the theory of the state which ends up with a carefully worked out theory of international law." Julius Kraft, American Journal of International Law 40 (1946):496.

United States Code

Author : United States
Publisher :
ISBN 13 :
Total Pages : 1464 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis United States Code by : United States

Download or read book United States Code written by United States and published by . This book was released on 1971 with total page 1464 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Law Beyond the State

Author : Carmen E. Pavel
Publisher : Oxford University Press
ISBN 13 : 019754391X
Total Pages : 217 pages
Book Rating : 4.1/5 (975 download)

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Book Synopsis Law Beyond the State by : Carmen E. Pavel

Download or read book Law Beyond the State written by Carmen E. Pavel and published by Oxford University Press. This book was released on 2021-03-30 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite growing skepticism about the value of international law and its compatibility with state sovereignty, states should improve and strengthen international law because it makes a critical contribution to an international order characterized by peace and justice. In recent years, international agreements and institutions have become particularly contentious. China is refusing to abide by the decision of an international arbitration decision implementing UNCLOS rules in the South China Sea, and Donald Trump has withdrawn the US from international agreements including the Paris Agreement on Climate Change of 2015. Such retreats expose widespread ambivalence towards cooperation through international law, and reverse the gains made by long-standing processes of legalization. In Law Beyond the State, Carmen Pavel responds to the ambivalent attitude states have with respect to international law by offering moral and legal reasons for them to improve, strengthen, and further institutionalize its capacity. She argues that the same reasons which support the development of law at the domestic level, namely the cultivation of peace, the protection of individual rights, the facilitation of complex forms of cooperation, and the resolution of collective action problems, also support the development of law at the international level. The argument thus engages in institutional moral reasoning. Pavel shows why it should matter to individuals that their states are part of a rule-governed international order. When states are bound by common rules of behavior, their citizens reap the benefits. International law encourages states to protect individual rights and provides a forum where they can communicate, negotiate, and compromise on their differences in order to protect themselves from outside interference and pursue their domestic policies more effectively, including those directed at enhancing their citizen's welfare. Thus, Pavel shows that international law makes a critical, irreplaceable, and defining contribution to an international order characterized by peace and justice. At a time when challenges of cooperation beyond state boundaries include climate change, health epidemics, and large-scale human rights violations, Law Beyond the State issues a powerful reminder of the tools we have to address them.

The Legal Doctrines of the Rule of Law and the Legal State (Rechtsstaat)

Author : James R. Silkenat
Publisher : Springer
ISBN 13 : 3319055852
Total Pages : 367 pages
Book Rating : 4.3/5 (19 download)

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Book Synopsis The Legal Doctrines of the Rule of Law and the Legal State (Rechtsstaat) by : James R. Silkenat

Download or read book The Legal Doctrines of the Rule of Law and the Legal State (Rechtsstaat) written by James R. Silkenat and published by Springer. This book was released on 2014-05-28 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the development of both the civil law conception of the Legal State and the common law conception of the Rule of Law. It examines the philosophical and historical background of both concepts, as well as the problem of the interrelation between the two doctrines. The book brings together twenty-five leading scholars from around the world and provides both general and specific jurisdictional perspectives of the issue in both contemporary and historical settings. The Rule of Law is a legal doctrine the meaning of which can only be fully appreciated in the context of both the common law and the European civil law tradition of the Legal State (Rechtsstaat). The Rule of Law and the Legal State are fundamental safeguards of human dignity and of the legitimacy of the state and the authority of state prescriptions.

Fundamentals of Municipal Finance

Author : Joel A. Mintz
Publisher : American Bar Association
ISBN 13 : 9781604428308
Total Pages : 194 pages
Book Rating : 4.4/5 (283 download)

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Book Synopsis Fundamentals of Municipal Finance by : Joel A. Mintz

Download or read book Fundamentals of Municipal Finance written by Joel A. Mintz and published by American Bar Association. This book was released on 2010 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Enterprise of Law

Author : Bruce L. Benson
Publisher : Independent Institute
ISBN 13 : 1598130692
Total Pages : 384 pages
Book Rating : 4.5/5 (981 download)

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Book Synopsis The Enterprise of Law by : Bruce L. Benson

Download or read book The Enterprise of Law written by Bruce L. Benson and published by Independent Institute. This book was released on 2013-03-01 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the minds of many, the provision of justice and security has long been linked to the state. To ask whether non-state institutions could deliver those services on their own, without the aid of coercive taxation and a monopoly franchise, runs the risk of being branded as naive anarchism or dangerous radicalism. Defenders of the state's monopoly on lawmaking and law enforcement typically assume that any alternative arrangement would favor the rich at the expense of the poor—or would lead to the collapse of social order and ignite a war. Questioning how well these beliefs hold up to scrutiny, this book offers a powerful rebuttal of the received view of the relationship between law and government. The book argues not only that the state is unnecessary for the establishment and enforcement of law, but also that non-state institutions would fight crime, resolve disputes, and render justice more effectively than the state, based on their stronger incentives.

State Violence and the Execution of Law

Author : Joseph Pugliese
Publisher : Routledge
ISBN 13 : 0415529743
Total Pages : 243 pages
Book Rating : 4.4/5 (155 download)

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Book Synopsis State Violence and the Execution of Law by : Joseph Pugliese

Download or read book State Violence and the Execution of Law written by Joseph Pugliese and published by Routledge. This book was released on 2013 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: State Violence and the Execution of Law examines how law plays a fundamental role in enabling state violence and, specifically, torture, secret imprisonment, and killing-at-a-distance.

The Flush Times of Alabama and Mississippi

Author : Joseph Glover Baldwin
Publisher :
ISBN 13 :
Total Pages : 376 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis The Flush Times of Alabama and Mississippi by : Joseph Glover Baldwin

Download or read book The Flush Times of Alabama and Mississippi written by Joseph Glover Baldwin and published by . This book was released on 1853 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt:

State Law and Legal Positivism

Author :
Publisher : BRILL
ISBN 13 : 9004498710
Total Pages : 275 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis State Law and Legal Positivism by :

Download or read book State Law and Legal Positivism written by and published by BRILL. This book was released on 2021-12-13 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: There was a truly global revolution that reflected a Great Divide between ancient and new legal regimes. The volume emphasizes its depth and scale and explores the phenomenon in the contexts of Morocco, Egypt, India, the Ottoman empire, China, and Japan.

Making Law

Author : William J. Chambliss
Publisher : Indiana University Press
ISBN 13 : 9780253208347
Total Pages : 474 pages
Book Rating : 4.2/5 (83 download)

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Book Synopsis Making Law by : William J. Chambliss

Download or read book Making Law written by William J. Chambliss and published by Indiana University Press. This book was released on 1993-11-22 with total page 474 pages. Available in PDF, EPUB and Kindle. Book excerpt: " . . . a distinct, broad, but compelling framework for examining a variety of laws and social policies." —Legal Studies Forum " . . . a very rich volume that has something to offer to many different tastes . . . an excellent companion to the main textbook in a large undergraduate law-and-society course." —Contemporary Sociology No issue has captured the imagination of social scientists and legal scholars more consistently than the creation of laws. The political implications of the study of law and society often create ideological diatribes with little attention to empirical detail. In this book, legal scholars, sociologists, political scientists, and anthropologists join in an attempt to develop and refine a structural theory of law.

Oregon Blue Book

Author : Oregon. Office of the Secretary of State
Publisher :
ISBN 13 :
Total Pages : 196 pages
Book Rating : 4.:/5 (319 download)

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Book Synopsis Oregon Blue Book by : Oregon. Office of the Secretary of State

Download or read book Oregon Blue Book written by Oregon. Office of the Secretary of State and published by . This book was released on 1915 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The State and the Rule of Law

Author : Blandine Kriegel
Publisher : Princeton University Press
ISBN 13 : 1400821762
Total Pages : 190 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis The State and the Rule of Law by : Blandine Kriegel

Download or read book The State and the Rule of Law written by Blandine Kriegel and published by Princeton University Press. This book was released on 1995-10-16 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: Blandine Kriegel, at one time a collaborator with Michel Foucault, is one of France's foremost political theorists. This translation of her celebrated work L'Etat et les esclaves makes available for English-speaking readers her impassioned defense of the state. Published in France in 1979 and republished in 1989, this work challenged not only the anti-statism of the 1960s but also generations of romanticism in politics that, in Kriegel's view, inadvertently threatened the cause of liberty by refusing to distinguish between the despotic and the lawful state. In a work that addresses the urgent concerns of Europe and the contemporary world as a whole, Kriegel examines the background of modern liberal democracy in the late seventeenth and eighteenth centuries and argues cogently for the future of constitutional social-democracy. She maintains, among other positions, that European liberal democracies would have been impossible without the political basis provided by the lawful state first developed by monarchies. She also shows that early modern centralized states became liberal insofar as they developed a centralized legal system, rather than a centralized administration. In developing these ideas, she presents a picture of the state as a major force for human liberty.