The Theory Of Making Rules

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Common Law Theory

Author : Douglas E. Edlin
Publisher : Cambridge University Press
ISBN 13 : 9780521176156
Total Pages : 262 pages
Book Rating : 4.1/5 (761 download)

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Book Synopsis Common Law Theory by : Douglas E. Edlin

Download or read book Common Law Theory written by Douglas E. Edlin and published by Cambridge University Press. This book was released on 2010-10-18 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, legal scholars, philosophers, historians, and political scientists from Australia, Canada, New Zealand, the United Kingdom, and the United States analyze the common law through three of its classic themes: rules, reasoning, and constitutionalism. Their essays, specially commissioned for this volume, provide an opportunity for thinkers from different jurisdictions and disciplines to talk to each other and to their wider audience within and beyond the common law world. This book allows scholars and students to consider how these themes and concepts relate to one another. It will initiate and sustain a more inclusive and well-informed theoretical discussion of the common law's method, process, and structure. It will be valuable to lawyers, philosophers, political scientists, and historians interested in constitutional law, comparative law, judicial process, legal theory, law and society, legal history, separation of powers, democratic theory, political philosophy, the courts, and the relationship of the common law tradition to other legal systems of the world.

Bending the Rules

Author : Rachel Augustine Potter
Publisher : University of Chicago Press
ISBN 13 : 022662188X
Total Pages : 259 pages
Book Rating : 4.2/5 (266 download)

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Book Synopsis Bending the Rules by : Rachel Augustine Potter

Download or read book Bending the Rules written by Rachel Augustine Potter and published by University of Chicago Press. This book was released on 2019-06-15 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who determines the fuel standards for our cars? What about whether Plan B, the morning-after pill, is sold at the local pharmacy? Many people assume such important and controversial policy decisions originate in the halls of Congress. But the choreographed actions of Congress and the president account for only a small portion of the laws created in the United States. By some estimates, more than ninety percent of law is created by administrative rules issued by federal agencies like the Environmental Protection Agency and the Department of Health and Human Services, where unelected bureaucrats with particular policy goals and preferences respond to the incentives created by a complex, procedure-bound rulemaking process. With Bending the Rules, Rachel Augustine Potter shows that rulemaking is not the rote administrative activity it is commonly imagined to be but rather an intensely political activity in its own right. Because rulemaking occurs in a separation of powers system, bureaucrats are not free to implement their preferred policies unimpeded: the president, Congress, and the courts can all get involved in the process, often at the bidding of affected interest groups. However, rather than capitulating to demands, bureaucrats routinely employ “procedural politicking,” using their deep knowledge of the process to strategically insulate their proposals from political scrutiny and interference. Tracing the rulemaking process from when an agency first begins working on a rule to when it completes that regulatory action, Potter shows how bureaucrats use procedures to resist interference from Congress, the President, and the courts at each stage of the process. This exercise reveals that unelected bureaucrats wield considerable influence over the direction of public policy in the United States.

Pure Theory of Law

Author : Hans Kelsen
Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 1584775785
Total Pages : 366 pages
Book Rating : 4.5/5 (847 download)

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Book Synopsis Pure Theory of Law by : Hans Kelsen

Download or read book Pure Theory of Law written by Hans Kelsen and published by The Lawbook Exchange, Ltd.. This book was released on 2005 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reprint of the second revised and enlarged edition, a complete revision of the first edition published in 1934. A landmark in the development of modern jurisprudence, the pure theory of law defines law as a system of coercive norms created by the state that rests on the validity of a generally accepted Grundnorm, or basic norm, such as the supremacy of the Constitution. Entirely self-supporting, it rejects any concept derived from metaphysics, politics, ethics, sociology, or the natural sciences. Beginning with the medieval reception of Roman law, traditional jurisprudence has maintained a dual system of "subjective" law (the rights of a person) and "objective" law (the system of norms). Throughout history this dualism has been a useful tool for putting the law in the service of politics, especially by rulers or dominant political parties. The pure theory of law destroys this dualism by replacing it with a unitary system of objective positive law that is insulated from political manipulation. Possibly the most influential jurisprudent of the twentieth century, Hans Kelsen [1881-1973] was legal adviser to Austria's last emperor and its first republican government, the founder and permanent advisor of the Supreme Constitutional Court of Austria, and the author of Austria's Constitution, which was enacted in 1920, abolished during the Anschluss, and restored in 1945. The author of more than forty books on law and legal philosophy, he is best known for this work and General Theory of Law and State. Also active as a teacher in Europe and the United States, he was Dean of the Law Faculty of the University of Vienna and taught at the universities of Cologne and Prague, the Institute of International Studies in Geneva, Harvard, Wellesley, the University of California at Berkeley, and the Naval War College. Also available in cloth.

The Concept of Law

Author : Herbert Lionel Adolphus Hart
Publisher :
ISBN 13 :
Total Pages : 263 pages
Book Rating : 4.:/5 (159 download)

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Book Synopsis The Concept of Law by : Herbert Lionel Adolphus Hart

Download or read book The Concept of Law written by Herbert Lionel Adolphus Hart and published by . This book was released on 1986 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Logic in the Theory and Practice of Lawmaking

Author : Michał Araszkiewicz
Publisher : Springer
ISBN 13 : 3319195751
Total Pages : 567 pages
Book Rating : 4.3/5 (191 download)

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Book Synopsis Logic in the Theory and Practice of Lawmaking by : Michał Araszkiewicz

Download or read book Logic in the Theory and Practice of Lawmaking written by Michał Araszkiewicz and published by Springer. This book was released on 2015-10-05 with total page 567 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the current state of the art regarding the application of logical tools to the problems of theory and practice of lawmaking. It shows how contemporary logic may be useful in the analysis of legislation, legislative drafting and legal reasoning concerning different contexts of law making. Elaborations of the process of law making have variously emphasised its political, social or economic aspects. Yet despite strong interest in logical analyses of law, questions remains about the role of logical tools in law making. This volume attempts to bridge that gap, or at least to narrow it, drawing together some important research problems—and some possible solutions—as seen through the work of leading contemporary academics. The volume encompasses 20 chapters written by authors from 16 countries and it presents diversified views on the understanding of logic (from strict mathematical approaches to the informal, argumentative ones) and differentiated choices concerning the aspects of law making taken into account. The book presents a broad set of perspectives, insights and results into the emerging field of research devoted to the logical analysis of the area of creation of law. How does logic inform lawmaking? Are legal systems consistent and complete? How can legal rules be represented by means of formal calculi and visualization techniques? Does the structure of statutes or of legal systems resemble the structure of deductive systems? What are the logical relations between the basic concepts of jurisprudence that constitute the system of law? How are theories of legal interpretation relevant to the process of legislation? How might the statutory text be analysed by means of contemporary computer programs? These and other questions, ranging from the theoretical to the immediately practical, are addressed in this definitive collection.

The Problematics of Moral and Legal Theory

Author : Richard A. Posner
Publisher : Harvard University Press
ISBN 13 : 9780674042230
Total Pages : 338 pages
Book Rating : 4.0/5 (422 download)

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Book Synopsis The Problematics of Moral and Legal Theory by : Richard A. Posner

Download or read book The Problematics of Moral and Legal Theory written by Richard A. Posner and published by Harvard University Press. This book was released on 2009-06-01 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ambitious legal thinkers have become mesmerized by moral philosophy, believing that great figures in the philosophical tradition hold the keys to understanding and improving law and justice and even to resolving the most contentious issues of constitutional law. They are wrong, contends Richard Posner in this book. Posner characterizes the current preoccupation with moral and constitutional theory as the latest form of legal mystification--an evasion of the real need of American law, which is for a greater understanding of the social, economic, and political facts out of which great legal controversies arise. In pursuit of that understanding, Posner advocates a rebuilding of the law on the pragmatic basis of open-minded and systematic empirical inquiry and the rejection of cant and nostalgia--the true professionalism foreseen by Oliver Wendell Holmes a century ago. A bracing book that pulls no punches and leaves no pieties unpunctured or sacred cows unkicked, The Problematics of Moral and Legal Theory offers a sweeping tour of the current scene in legal studies--and a hopeful prospect for its future.

Making Constitutions

Author : Gabriel L. Negretto
Publisher : Cambridge University Press
ISBN 13 : 1107026520
Total Pages : 297 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Making Constitutions by : Gabriel L. Negretto

Download or read book Making Constitutions written by Gabriel L. Negretto and published by Cambridge University Press. This book was released on 2013-06-17 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines constitutional change in Latin America from 1900 to 2008 and provides the first systematic explanation of the origins of constitutional designs.

Research Handbook on the Theory and Practice of International Lawmaking

Author : Catherine Brölmann
Publisher : Edward Elgar Publishing
ISBN 13 : 1781953228
Total Pages : 503 pages
Book Rating : 4.7/5 (819 download)

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Book Synopsis Research Handbook on the Theory and Practice of International Lawmaking by : Catherine Brölmann

Download or read book Research Handbook on the Theory and Practice of International Lawmaking written by Catherine Brölmann and published by Edward Elgar Publishing. This book was released on 2016-04-29 with total page 503 pages. Available in PDF, EPUB and Kindle. Book excerpt: The global landscape has changed profoundly over the past decades. As a result, the making of international law and the way we think about it has become more and more diversified. This Research Handbook offers a comprehensive guide to the theory and practice of international lawmaking today. It takes stock at both the conceptual and the empirical levels of the instruments, processes, and actors involved in the making of international law. The editors have taken an approach which carefully combines theory and practice in order to provide both an overview and a critical reflection of international lawmaking. Comprehensive and well-structured, the book contains essays by leading scholars on key aspects of international lawmaking and on lawmaking in the main issue areas. Attention is paid to classic processes as well as new developments and shades of normativity. This timely and authoritative Handbook will be a valuable resource for academics, students, legal practitioners, diplomats, government and international organization officials as well as civil society representatives.

A Realistic Theory of Law

Author : Brian Z. Tamanaha
Publisher : Cambridge University Press
ISBN 13 : 1107188423
Total Pages : 211 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis A Realistic Theory of Law by : Brian Z. Tamanaha

Download or read book A Realistic Theory of Law written by Brian Z. Tamanaha and published by Cambridge University Press. This book was released on 2017-04-24 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book re-orients jurisprudence and develops an empirically informed theory of law that applies throughout history and across different societies.

Allowing for Exceptions

Author : Luís Duarte d'Almeida
Publisher : Oxford University Press (UK)
ISBN 13 : 0199685789
Total Pages : 321 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Allowing for Exceptions by : Luís Duarte d'Almeida

Download or read book Allowing for Exceptions written by Luís Duarte d'Almeida and published by Oxford University Press (UK). This book was released on 2015 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Within limits, the law allows for exceptions. Or so we tend to think. In fact, the line between rules and exceptions is harder to draw than it seems. How are we to determine what counts as an exception and what as part of the relevant rule? The distinction has important practical implications. But legal theorists have found the notion of an exception surprisingly difficult to explain. This is the longstanding jurisprudential problem that this book seeks to solve.

Theory of Legal Principles

Author : Humberto Avila
Publisher : Springer Science & Business Media
ISBN 13 : 1402058799
Total Pages : 166 pages
Book Rating : 4.4/5 (2 download)

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Book Synopsis Theory of Legal Principles by : Humberto Avila

Download or read book Theory of Legal Principles written by Humberto Avila and published by Springer Science & Business Media. This book was released on 2007-09-26 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the distinction between principles and rules so that they can be better understood and applied. It structures the distinction between principles and rules on different foundations than those jurisprudence ordinarily employs. It also proposes a new model to explain the normative species, which includes structured weighing on the application process while encompassing substantive criteria of justice in its argument.

Golden Rule

Author : Thomas Ferguson
Publisher : University of Chicago Press
ISBN 13 : 022616201X
Total Pages : 439 pages
Book Rating : 4.2/5 (261 download)

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Book Synopsis Golden Rule by : Thomas Ferguson

Download or read book Golden Rule written by Thomas Ferguson and published by University of Chicago Press. This book was released on 2011-08-15 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: "To discover who rules, follow the gold." This is the argument of Golden Rule, a provocative, pungent history of modern American politics. Although the role big money plays in defining political outcomes has long been obvious to ordinary Americans, most pundits and scholars have virtually dismissed this assumption. Even in light of skyrocketing campaign costs, the belief that major financial interests primarily determine who parties nominate and where they stand on the issues—that, in effect, Democrats and Republicans are merely the left and right wings of the "Property Party"—has been ignored by most political scientists. Offering evidence ranging from the nineteenth century to the 1994 mid-term elections, Golden Rule shows that voters are "right on the money." Thomas Ferguson breaks completely with traditional voter centered accounts of party politics. In its place he outlines an "investment approach," in which powerful investors, not unorganized voters, dominate campaigns and elections. Because businesses "invest" in political parties and their candidates, changes in industrial structures—between large firms and sectors—can alter the agenda of party politics and the shape of public policy. Golden Rule presents revised versions of widely read essays in which Ferguson advanced and tested his theory, including his seminal study of the role played by capital intensive multinationals and international financiers in the New Deal. The chapter "Studies in Money Driven Politics" brings this aspect of American politics into better focus, along with other studies of Federal Reserve policy making and campaign finance in the 1936 election. Ferguson analyzes how a changing world economy and other social developments broke up the New Deal system in our own time, through careful studies of the 1988 and 1992 elections. The essay on 1992 contains an extended analysis of the emergence of the Clinton coalition and Ross Perot's dramatic independent insurgency. A postscript on the 1994 elections demonstrates the controlling impact of money on several key campaigns. This controversial work by a theorist of money and politics in the U.S. relates to issues in campaign finance reform, PACs, policymaking, public financing, and how today's elections work.

The Theory, Practice and Interpretation of Customary International Law

Author : Panos Merkouris
Publisher : Cambridge University Press
ISBN 13 : 131651689X
Total Pages : 647 pages
Book Rating : 4.3/5 (165 download)

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Book Synopsis The Theory, Practice and Interpretation of Customary International Law by : Panos Merkouris

Download or read book The Theory, Practice and Interpretation of Customary International Law written by Panos Merkouris and published by Cambridge University Press. This book was released on 2022-05-26 with total page 647 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides an in-depth study of the theory, history, practice, and interpretation of customary international law.

World of Our Making

Author : Nicholas Greenwood Onuf
Publisher : Routledge
ISBN 13 : 0415630398
Total Pages : 354 pages
Book Rating : 4.4/5 (156 download)

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Book Synopsis World of Our Making by : Nicholas Greenwood Onuf

Download or read book World of Our Making written by Nicholas Greenwood Onuf and published by Routledge. This book was released on 2013 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: World of our Making is a major contribution to contemporary social science. Now reissued in this volume, Onuf’s seminal text is key reading for anyone who wishes to study modern international relations. Onuf understands all of international relations to be a matter of rules and rule in foreign behaviour. The author draws together the rules of international relations, explains their source, and elaborates on their implications through a vast array of interdisciplinary thinkers such as Kenneth Arrow, J.L. Austin, Max Black, Michael Foucault, Anthony Giddens, Jurgen Habermas, Lawrence Kohlberg, Harold Lasswell, Talcott Parsons, Jean Piaget, J.G.A. Pocock, John Roemer, John Scarle and Sheldon Wolin.

Laws

Author : Plato
Publisher : DigiCat
ISBN 13 :
Total Pages : 573 pages
Book Rating : 4.8/5 (596 download)

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Book Synopsis Laws by : Plato

Download or read book Laws written by Plato and published by DigiCat. This book was released on 2022-05-28 with total page 573 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Laws is Plato's last, longest, and perhaps, most famous work. It presents a conversation on political philosophy between three elderly men: an unnamed Athenian, a Spartan named Megillus, and a Cretan named Clinias. They worked to create a constitution for Magnesia, a new Cretan colony that would make all of its citizens happy and virtuous. In this work, Plato combines political philosophy with applied legislation, going into great detail concerning what laws and procedures should be in the state. For example, they consider whether drunkenness should be allowed in the city, how citizens should hunt, and how to punish suicide. The principles of this book have entered the legislation of many modern countries and provoke a great interest of philosophers even in the 21st century.

Neutrality and Theory of Law

Author : Jordi Ferrer Beltrán
Publisher : Springer Science & Business Media
ISBN 13 : 9400760671
Total Pages : 283 pages
Book Rating : 4.4/5 (7 download)

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Book Synopsis Neutrality and Theory of Law by : Jordi Ferrer Beltrán

Download or read book Neutrality and Theory of Law written by Jordi Ferrer Beltrán and published by Springer Science & Business Media. This book was released on 2013-04-03 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together twelve of the most important legal philosophers in the Anglo-American and Civil Law traditions. The book is a collection of the papers these philosophers presented at the Conference on Neutrality and Theory of Law, held at the University of Girona, in May 2010. The central question that the conference and this collection seek to answer is: Can a theory of law be neutral? The book covers most of the main jurisprudential debates. It presents an overall discussion of the connection between law and morals, and the possibility of determining the content of law without appealing to any normative argument. It examines the type of project currently being held by jurisprudential scholarship. It studies the different approaches to theorizing about the nature or concept of law, the role of conceptual analysis and the essential features of law. Moreover, it sheds some light on what can be learned from studying the non-essential features of law. Finally, it analyzes the nature of legal statements and their truth values. This book takes the reader a step further to understanding law.

Creating Effective Rules in Public Sector Organizations

Author : Leisha DeHart-Davis
Publisher : Georgetown University Press
ISBN 13 : 1626164479
Total Pages : 190 pages
Book Rating : 4.6/5 (261 download)

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Book Synopsis Creating Effective Rules in Public Sector Organizations by : Leisha DeHart-Davis

Download or read book Creating Effective Rules in Public Sector Organizations written by Leisha DeHart-Davis and published by Georgetown University Press. This book was released on 2017-07-01 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: The organizational perspective on rules -- The individual perspective on rules -- The behavioral perspective on rules -- The organizational rules framework and non-union employee grievance policy -- Green tape : creating effective organizational rules -- Conclusion -- Appendix : local government workplaces study design