Law and the State

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Author :
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.

Trials of the State

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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.

Law against the State

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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.

Law Beyond the State

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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 Law, the State, and Other Political Writings, 1843-1850

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Author :
Publisher : Collected Works of Frédéric Ba
ISBN 13 : 9780865978300
Total Pages : 0 pages
Book Rating : 4.9/5 (783 download)

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Book Synopsis The Law, the State, and Other Political Writings, 1843-1850 by : édéric Bastiat

Download or read book The Law, the State, and Other Political Writings, 1843-1850 written by édéric Bastiat and published by Collected Works of Frédéric Ba. This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Frederic Bastiat (1801-1850) was a keen observer of political and economic problems and a passionate proponent of liberal economic theory. This book collects nineteen of Bastiat's articles, ranging from the theory of value and rent, public choice and collective action, government intervention and regulation, the balance of trade, education, and trade unions to price controls, capital and growth, and taxation. Throughout his articles, Bastiat demonstrates how the combination of careful logic, consistency of principle, and clarity of exposition is the instrument for solving most economic and social problems. In his famous essay "The Law" Bastiat explains that the law, far from being what it ought to be, "namely the instrument that enabled the state to protect individuals' rights and property", had become the means for what he termed "spoliation" (or plunder). From the article "The State" written at the height of the 1848 Revolution in June, comes perhaps his best-remembered quotation: "The state is the great fiction by which everyone endeavours to live at the expense of everyone else". In this volume readers will find extensive introductory material, including notes on the translation and on the editions of the uvres completes, a chronology of Bastiat's life and works, two maps of France showing the cities associated with Bastiat, annotations to the articles, and a bibliography. A special section provides charming, little-known anecdotes about Bastiat and his contemporaries, including his editor Prosper Paillottet, who became Bastiat's firm friend and eventually his executor. This section also includes discussions of key concepts such as individualism, laissez-faire, industry, plunder, and the right to work. Three glossaries explain persons, places, and subjects and terms.

Detroit's Wayne State University Law School

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Publisher : Wayne State University Press
ISBN 13 : 0814347622
Total Pages : 261 pages
Book Rating : 4.8/5 (143 download)

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Book Synopsis Detroit's Wayne State University Law School by : Alan Schenk

Download or read book Detroit's Wayne State University Law School written by Alan Schenk and published by Wayne State University Press. This book was released on 2022-04-05 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: Account of the critical role students played in the history of an urban public law school.

The Flush Times of Alabama and Mississippi

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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:

RICO State by State

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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:

States' Laws on Race and Color, and Appendices

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Author :
Publisher :
ISBN 13 :
Total Pages : 770 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis States' Laws on Race and Color, and Appendices by : Pauli Murray

Download or read book States' Laws on Race and Color, and Appendices written by Pauli Murray and published by . This book was released on 1951 with total page 770 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination of the laws of each state regarding civil rights, segregation, interracial marriage and other issues.

General Theory of Law and State

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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.

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

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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.

Command and Persuade

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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.

State Constitutional Law

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Publisher :
ISBN 13 :
Total Pages : 60 pages
Book Rating : 4.3/5 (121 download)

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Book Synopsis State Constitutional Law by : Robert Forrest Williams

Download or read book State Constitutional Law written by Robert Forrest Williams and published by . This book was released on 1990 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Making Law

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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.

Law Beyond the State

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Publisher : Campus Verlag
ISBN 13 : 3593506505
Total Pages : 209 pages
Book Rating : 4.5/5 (935 download)

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Book Synopsis Law Beyond the State by : Rainer Hofmann

Download or read book Law Beyond the State written by Rainer Hofmann and published by Campus Verlag. This book was released on 2016-11-10 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law beyond the State brings together contributions by renowned experts on international and European Union law to celebrate the centennial of Goethe‒Universität Frankfurt. The essays explore Frankfurt's contribution to the development of international law; the historical development of international law; how this form of law can be used as a tool to improve the world and create a better future for all; the essential relevance of the spiritual dimension of legal orders, including the European Union, to ensuring their values will be taken seriously; and the possibility, offered by the Internet, for all persons concerned with global lawmaking to participate effectively in relevant decision-making processes.

The State, Law, and Religion

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Publisher : University of Georgia Press
ISBN 13 : 9780820313870
Total Pages : 152 pages
Book Rating : 4.3/5 (138 download)

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Book Synopsis The State, Law, and Religion by : Alan Watson

Download or read book The State, Law, and Religion written by Alan Watson and published by University of Georgia Press. This book was released on 1992 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by one of our most respected legal historians, this book analyzes the interaction of law and religion in ancient Rome. As such, it offers a major new perspective on the nature and development of Roman law in the early republic and empire before Christianity was recognized and encouraged by Constantine. At the heart of the book is the apparent paradox that Roman private law is remarkably secular even though, until the late second century B.C., the Romans were regarded (and regarded themselves) as the most religious people in the world. Adding to the paradox was the fact that the interpretation of private law, which dealt with relations between private citizens, lay in the hands of the College of Pontiffs, an advisory body of priests. Alan Watson traces the roots of the paradox--and the way in which Roman law ultimately developed--to the conflict between patricians and plebeians that occurred in the mid-fifth century B.C. When the plebeians demanded equality of all citizens before the law, the patricians prepared in response the Twelve Tables, a law code that included only matters considered appropriate for plebeians. Public law, which dealt with public officials and the governance of the state, was totally excluded form the code, thus preserving gross inequalities between the classes of Roman citizens. Religious law, deemed to be the preserve of patrician priests, was also excluded. As Watson notes, giving a monopoly of legal interpretation to the College of Pontiffs was a shrewd move to maintain patrician advantages; however, a fundamental consequence was that modes of legal reasoning appropriate for judgments in sacred law were carried over to private law, where they were often less appropriate. Such reasoning, Watson contends, persists even in modern legal systems. After sketching the tenets of Roman religion and the content of the Twelve Tables, Watson proceeds to such matters as formalism in religion and law, religion and property, and state religion versus alien religion. In his concluding chapter, he compares the law that emerged after the adoption of the Twelve Tables with the law that reportedly existed under the early Roman kings.

Fundamentals of Municipal Finance

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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: