Law In A Complex State

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Law in a Complex State

Author : Neville Harris
Publisher : A&C Black
ISBN 13 : 1782252754
Total Pages : 388 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Law in a Complex State by : Neville Harris

Download or read book Law in a Complex State written by Neville Harris and published by A&C Black. This book was released on 2014-07-18 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: Approximately half of the total UK population are in receipt of one or more welfare benefits, giving rise to the largest single area of government expenditure. The law and structures of social security are highly complex, made more so by constant adjustments as government pursues its often conflicting economic, political and social policy objectives. This complexity is highly problematic. It contributes to errors in decision-making and to increased administrative costs and is seen as disempowering for citizens, thereby weakening enjoyment of a key social right. Current and previous administrations have committed to simplifying the benefits system. It is a specific objective of the Welfare Reform Act 2012, which provides for the introduction of Universal Credit in place of diverse benefits. However, it is unclear whether the reformed system will be either less complex legally or more accessible for citizens. This book seeks to explain how and why complexity in the modern welfare system has grown; to identify the different ways in which legal and associated administrative arrangements are classifiable as 'complex'; to discuss the effects of complexity on the system's administration and its wider implications for rights and the citizen-state relationship; and to consider the role that law can play in the simplification of schemes of welfare. While primarily focused on the UK welfare system it also provides analysis of relevant policies and experience in various other states.

Simple Rules for a Complex World

Author : Richard Allen EPSTEIN
Publisher : Harvard University Press
ISBN 13 : 0674036565
Total Pages : 377 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Simple Rules for a Complex World by : Richard Allen EPSTEIN

Download or read book Simple Rules for a Complex World written by Richard Allen EPSTEIN and published by Harvard University Press. This book was released on 2009-06-30 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: Too many laws, too many lawyers--that's the necessary consequence of a complex society, or so conventional wisdom has it. Countless pundits insist that any call for legal simplification smacks of nostalgia, sentimentality, or naivete. But the conventional view, the noted legal scholar Richard Epstein tells us, has it exactly backward. The richer texture of modern society allows for more individual freedom and choice. And it allows us to organize a comprehensive legal order capable of meeting the technological and social challenges of today on the basis of just six core principles. In this book, Epstein demonstrates how. The first four rules, which regulate human interactions in ordinary social life, concern the autonomy of the individual, property, contract, and tort. Taken together these rules establish and protect consistent entitlements over all resources, both human and natural. These rules are backstopped by two more rules that permit forced exchanges on payment of just compensation when private or public necessity so dictates. Epstein then uses these six building blocks to clarify many intractable problems in the modern legal landscape. His discussion of employment contracts explains the hidden virtues of contracts at will and exposes the crippling weaknesses of laws regarding collective bargaining, unjust dismissal, employer discrimination, and comparable worth. And his analysis shows how laws governing liability for products and professional services, corporate transactions, and environmental protection have generated unnecessary social strife and economic dislocation by violating these basic principles. Simple Rules for a Complex World offers a sophisticated agenda for comprehensive social reform that undoes much of the mischief of the modern regulatory state. At a time when most Americans have come to distrust and fear government at all levels, Epstein shows how a consistent application of economic and political theory allows us to steer a middle path between too much and too little.

Law in a Complex State

Author : Neville S. Harris
Publisher :
ISBN 13 : 9781474200240
Total Pages : 275 pages
Book Rating : 4.2/5 (2 download)

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Book Synopsis Law in a Complex State by : Neville S. Harris

Download or read book Law in a Complex State written by Neville S. Harris and published by . This book was released on 2013 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title seeks to explain how and why complexity in modern welfare systems has grown; identify the different ways in which legal and administrative arrangements are classifiable as complex; discuss the effects of complexity on the system's administration; and consider the role that law can play in the simplification of schemes of welfare.

EMPOWERMENT AND EQUALITY NAVIGATING HUMAN RIGHTS LAW IN A COMPLEX WORLD

Author : Prasanna S
Publisher : Institute of Legal Education
ISBN 13 : 8196439172
Total Pages : 90 pages
Book Rating : 4.1/5 (964 download)

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Book Synopsis EMPOWERMENT AND EQUALITY NAVIGATING HUMAN RIGHTS LAW IN A COMPLEX WORLD by : Prasanna S

Download or read book EMPOWERMENT AND EQUALITY NAVIGATING HUMAN RIGHTS LAW IN A COMPLEX WORLD written by Prasanna S and published by Institute of Legal Education. This book was released on 2023-12-26 with total page 90 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dear Reader, It is with great pleasure that we present to you our latest publication, "Empowerment and Equality: Navigating Human Rights Law in a Complex World." This edited book is a culmination of extensive research, thoughtful contributions, and the collective expertise of esteemed scholars and practitioners in the field of human rights. In a world marked by dynamic socio-political landscapes, this book serves as a compass, guiding readers through the intricate web of human rights law. "Empowerment and Equality" delves into the complexities and challenges that arise in the pursuit of justice, empowerment, and equality for all individuals, irrespective of their background or circumstances. This book brings together voices from academia, legal practice, and activism, creating a comprehensive resource for anyone seeking a deeper understanding of human rights in our complex world. It is our sincere hope that the insights and perspectives shared within these pages will inspire meaningful dialogue, academic inquiry, and, most importantly, positive action. We extend our heartfelt gratitude to the contributors who have dedicated their time and expertise to this project. Their commitment to advancing human rights and promoting equality is evident in the richness and diversity of the content presented. As publishers, we take pride in being part of the dissemination of knowledge that can contribute to positive change. "Empowerment and Equality" aligns with our commitment to publishing works that have the potential to shape conversations, influence policies, and ultimately contribute to a more just and equitable world. We hope you find this book both informative and inspiring. May it serve as a valuable resource for scholars, practitioners, activists, and all those passionate about the advancement of human rights. Thank you for choosing Institute of Legal Education as your source for thought-provoking and impactful literature.

Law’s Abnegation

Author : Adrian Vermeule
Publisher : Harvard University Press
ISBN 13 : 0674974719
Total Pages : 267 pages
Book Rating : 4.6/5 (749 download)

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Book Synopsis Law’s Abnegation by : Adrian Vermeule

Download or read book Law’s Abnegation written by Adrian Vermeule and published by Harvard University Press. This book was released on 2016-11-14 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ronald Dworkin once imagined law as an empire and judges as its princes. But over time, the arc of law has bent steadily toward deference to the administrative state. Adrian Vermeule argues that law has freely abandoned its imperial pretensions, and has done so for internal legal reasons. In area after area, judges and lawyers, working out the logical implications of legal principles, have come to believe that administrators should be granted broad leeway to set policy, determine facts, interpret ambiguous statutes, and even define the boundaries of their own jurisdiction. Agencies have greater democratic legitimacy and technical competence to confront many issues than lawyers and judges do. And as the questions confronting the state involving climate change, terrorism, and biotechnology (to name a few) have become ever more complex, legal logic increasingly indicates that abnegation is the wisest course of action. As Law’s Abnegation makes clear, the state did not shove law out of the way. The judiciary voluntarily relegated itself to the margins of power. The last and greatest triumph of legalism was to depose itself.

Cases and Materials on State and Local Government Law

Author : Richard Briffault
Publisher :
ISBN 13 : 9780314285010
Total Pages : 0 pages
Book Rating : 4.2/5 (85 download)

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Book Synopsis Cases and Materials on State and Local Government Law by : Richard Briffault

Download or read book Cases and Materials on State and Local Government Law written by Richard Briffault and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hardbound - New, hardbound print book.

Law and Leviathan

Author : Cass R. Sunstein
Publisher : Harvard University Press
ISBN 13 : 0674247531
Total Pages : 209 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis Law and Leviathan by : Cass R. Sunstein

Download or read book Law and Leviathan written by Cass R. Sunstein and published by Harvard University Press. This book was released on 2020-09-15 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: From two legal luminaries, a highly original framework for restoring confidence in a government bureaucracy increasingly derided as “the deep state.” Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? Intolerable? American public law has long been riven by a persistent, serious conflict, a kind of low-grade cold war, over these questions. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed, as long as public officials are constrained by what they call the morality of administrative law. Law and Leviathan elaborates a number of principles that underlie this moral regime. Officials who respect that morality never fail to make rules in the first place. They ensure transparency, so that people are made aware of the rules with which they must comply. They never abuse retroactivity, so that people can rely on current rules, which are not under constant threat of change. They make rules that are understandable and avoid issuing rules that contradict each other. These principles may seem simple, but they have a great deal of power. Already, without explicit enunciation, they limit the activities of administrative agencies every day. But we can aspire for better. In more robust form, these principles could address many of the concerns that have critics of the administrative state mourning what they see as the demise of the rule of law. The bureaucratic Leviathan may be an inescapable reality of complex modern democracies, but Sunstein and Vermeule show how we can at last make peace between those who accept its necessity and those who yearn for its downfall.

Personalized Law

Author : Omri Ben-Shahar
Publisher : Oxford University Press
ISBN 13 : 0197522831
Total Pages : 257 pages
Book Rating : 4.1/5 (975 download)

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Book Synopsis Personalized Law by : Omri Ben-Shahar

Download or read book Personalized Law written by Omri Ben-Shahar and published by Oxford University Press. This book was released on 2021-05-17 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: We live in a world of one-size-fits-all law. People are different, but the laws that govern them are uniform. "Personalized Law"---rules that vary person by person---will change that. Here is a vision of a brave new world, where each person is bound by their own personally-tailored law. "Reasonable person" standards would be replaced by a multitude of personalized commands, each individual with their own "reasonable you" rule. Skilled doctors would be held to higher standards of care, the most vulnerable consumers and employees would receive stronger protections, age restrictions for driving or for the consumption of alcohol would vary according the recklessness risk that each person poses, and borrowers would be entitled to personalized loan disclosures tailored to their unique needs and delivered in a format fitting their mental capacity. The data and algorithms to administer personalize law are at our doorstep, and embryos of this regime are sprouting. Should we welcome this transformation of the law? Does personalized law harbor a utopic promise, or would it produce alienation, demoralization, and discrimination? This book is the first to explore personalized law, offering a vision of law and robotics that delegates to machines those tasks humans are least able to perform well. It inquires how personalized law can be designed to deliver precision and justice and what pitfalls the regime would have to prudently avoid. In this book, Omri Ben-Shahar and Ariel Porat not only present this concept in a clear, easily accessible way, but they offer specific examples of how personalized law may be implemented across a variety of real-life applications.

Is Administrative Law Unlawful?

Author : Philip Hamburger
Publisher : University of Chicago Press
ISBN 13 : 022611645X
Total Pages : 646 pages
Book Rating : 4.2/5 (261 download)

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Book Synopsis Is Administrative Law Unlawful? by : Philip Hamburger

Download or read book Is Administrative Law Unlawful? written by Philip Hamburger and published by University of Chicago Press. This book was released on 2014-05-27 with total page 646 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Hamburger argues persuasively that America has overlaid its constitutional system with a form of governance that is both alien and dangerous.” —Law and Politics Book Review While the federal government traditionally could constrain liberty only through acts of Congress and the courts, the executive branch has increasingly come to control Americans through its own administrative rules and adjudication, thus raising disturbing questions about the effect of this sort of state power on American government and society. With Is Administrative Law Unlawful?, Philip Hamburger answers this question in the affirmative, offering a revisionist account of administrative law. Rather than accepting it as a novel power necessitated by modern society, he locates its origins in the medieval and early modern English tradition of royal prerogative. Then he traces resistance to administrative law from the Middle Ages to the present. Medieval parliaments periodically tried to confine the Crown to governing through regular law, but the most effective response was the seventeenth-century development of English constitutional law, which concluded that the government could rule only through the law of the land and the courts, not through administrative edicts. Although the US Constitution pursued this conclusion even more vigorously, administrative power reemerged in the Progressive and New Deal Eras. Since then, Hamburger argues, administrative law has returned American government and society to precisely the sort of consolidated or absolute power that the US Constitution—and constitutions in general—were designed to prevent. With a clear yet many-layered argument that draws on history, law, and legal thought, Is Administrative Law Unlawful? reveals administrative law to be not a benign, natural outgrowth of contemporary government but a pernicious—and profoundly unlawful—return to dangerous pre-constitutional absolutism.

Law of Raw Data

Author : Jan Bernd Nordemann
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403532815
Total Pages : 605 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Law of Raw Data by : Jan Bernd Nordemann

Download or read book Law of Raw Data written by Jan Bernd Nordemann and published by Kluwer Law International B.V.. This book was released on 2021-08-23 with total page 605 pages. Available in PDF, EPUB and Kindle. Book excerpt: Data, in its raw or unstructured form, has become an important and valuable economic asset, lending it the sobriquet of ‘the oil of the twenty-first century’. Clearly, as intellectual property, raw data must be legally defined if not somehow protected to ensure that its access and re-use can be subject to legal relations. As legislators struggle to develop a settled legal regime in this complex area, this indispensable handbook will offer a careful and dedicated analysis of the legal instruments and remedies, both existing and potential, that provide such protection across a wide variety of national legal systems. Produced under the auspices of the International Association for the Protection of International Property (AIPPI), more than forty of the association’s specialists from twenty-three countries worldwide contribute national chapters on the relevant law in their respective jurisdictions. The contributions thoroughly explain how each country approaches such crucial matters as the following: if there is any intellectual property right available to protect raw data; the nature of such intellectual property rights that exist in unstructured data; contracts on data and which legal boundaries stand in the way of contract drafting; liability for data products or services; and questions of international private law and cross-border portability. Each country’s rules concerning specific forms of data – such as data embedded in household appliances and consumer goods, criminal offence data, data relating to human genetics, tax and bank secrecy, medical records, and clinical trial data – are described, drawing on legislation, regulation, and case law. A matchless legal resource on one of the most important raw materials of the twenty-first century, this book provides corporate counsel, practitioners and policymakers working in the field of intellectual property rights, and concerned academics with both a broad-based global overview on emerging legal strategies in the protection of unstructured data and the latest information on existing legislation and regulation in the area.

Law, Public Policies and Complex Systems: Networks in Action

Author : Romain Boulet
Publisher : Springer
ISBN 13 : 3030115062
Total Pages : 280 pages
Book Rating : 4.0/5 (31 download)

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Book Synopsis Law, Public Policies and Complex Systems: Networks in Action by : Romain Boulet

Download or read book Law, Public Policies and Complex Systems: Networks in Action written by Romain Boulet and published by Springer. This book was released on 2019-05-07 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates how various scientific communities – e.g. legal scientists, political scientists, sociologists, mathematicians, and computer scientists – study law and public policies, which are portrayed here as complex systems. Today, research on law and public policies is rapidly developing at the international level, relying heavily on modeling that employs innovative methods for concrete implementation. Among the subject matter discussed, law as a network of evolving and interactive norms is now a prominent sphere of study. Similarly, public policies are now a topic in their own right, as policy can no longer be examined as a linear process; rather, its study should reflect the complexity of the networks of actors, norms and resources involved, as well as the uncertainty or weak predictability of their direct or indirect impacts. The book is divided into three maain parts: complexity faced by jurists, complexity in action and public policies, and complexity and networks. The main themes examined concern codification, governance, climate change, normative networks, health, water management, use-related conflicts, legal regime conflicts, and the use of indicators.

Part Two: More Systematic and Hence Less Complex and Intrusive Use National Powers

Author : New York State Bar Association. Task Force on Simplification of the Law
Publisher :
ISBN 13 :
Total Pages : 55 pages
Book Rating : 4.:/5 (88 download)

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Book Synopsis Part Two: More Systematic and Hence Less Complex and Intrusive Use National Powers by : New York State Bar Association. Task Force on Simplification of the Law

Download or read book Part Two: More Systematic and Hence Less Complex and Intrusive Use National Powers written by New York State Bar Association. Task Force on Simplification of the Law and published by . This book was released on 1989 with total page 55 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Limits of the Legal Complex

Author : Malcolm Feeley
Publisher : Oxford University Press
ISBN 13 : 0192848410
Total Pages : 305 pages
Book Rating : 4.1/5 (928 download)

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Book Synopsis The Limits of the Legal Complex by : Malcolm Feeley

Download or read book The Limits of the Legal Complex written by Malcolm Feeley and published by Oxford University Press. This book was released on 2021 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Spanning two centuries and five Nordic countries, this book questions the view that political lawyers are required for the development of a liberal political regime. It combines cross-disciplinary theory and careful empirical case studies by country experts whose regional insights are brought to bear on wider global contexts. The theory of the legal complex posits that lawyers will not simply mobilize collectively for material self-interest; instead they will organize and struggle for the limited goal of political liberalism. Constituted by a moderate state, core civil rights, and civil society freedoms, political liberalism is presented as a discrete but professionally valued good to which all lawyers can lend their support. Leading scholars claim that when one finds struggles against political repression, politics of the Legal Complex are frequently part of that struggle. One glaring omission in this research program is the Nordic region. This insightful volume provides a comprehensive account of the history and politics of lawyers of the last 200 years in the Nordic countries: Norway, Sweden, Denmark, Finland, and Iceland. Topping most global indexes of core civil rights, these states have been found to contain few to no visible legal complexes. Where previous studies have characterized lawyers as stewards and guardians of the law that seek to preserve its semi-autonomous nature, these legal complexes have emerged in a manner that challenges the standard narrative. This book offers rational choice and structuralist explanations for why and when lawyers mobilise collectively for political liberalism. In each country analysis, authors place lawyers in nineteenth century state transformation and emerging constitutionalism, followed by expanding democracy and the welfare state, the challenge of fascism and world war, the tensions of the Cold War, and the latter-day rights revolutions. These analyses are complemented by a comprehensive comparative introduction, and a concluding reflection on how the theory of the legal complex might be recast, making The Limits of the Legal Complex an invaluable resource for scholars and practitioners alike.

The State and the Rule of Law in a Mixed Economy

Author : Wolfgang Friedmann
Publisher : Stevens Publishing
ISBN 13 :
Total Pages : 120 pages
Book Rating : 4.:/5 (43 download)

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Book Synopsis The State and the Rule of Law in a Mixed Economy by : Wolfgang Friedmann

Download or read book The State and the Rule of Law in a Mixed Economy written by Wolfgang Friedmann and published by Stevens Publishing. This book was released on 1971 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Negotiating State and Non-State Law

Author : Michael A. Helfand
Publisher : Cambridge University Press
ISBN 13 : 1107083761
Total Pages : 363 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Negotiating State and Non-State Law by : Michael A. Helfand

Download or read book Negotiating State and Non-State Law written by Michael A. Helfand and published by Cambridge University Press. This book was released on 2015-07-02 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: Non-state law is playing an increasing role in both public and private ordering. Numerous organizations have emerged alongside the nation-state, each purporting to provide their members with rules and norms to govern their conduct and organize their affairs. The nation-state increasingly finds itself sandwiched, between two broad and contrasting categories of non-state law. The first - law above the state - captures legal systems that function across the territorial borders of nation-states. The second category - law below the state - includes forms of local customary, religious, and indigenous law. As these forms of non-state law persist and proliferate alongside the nation-state, the relationship between state and non-state law becomes more complex, multifaceted, and tense. This volume addresses this relationship considering whether and to what extent state and non-state law can coexist and how each form of law seeks to influence as well as transform the other.

Pierson Sand and Gravel v Keeler Brass Company, 460 Mich 372 (1999)

Author :
Publisher :
ISBN 13 :
Total Pages : 32 pages
Book Rating : 4.L/5 ( download)

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Book Synopsis Pierson Sand and Gravel v Keeler Brass Company, 460 Mich 372 (1999) by :

Download or read book Pierson Sand and Gravel v Keeler Brass Company, 460 Mich 372 (1999) written by and published by . This book was released on 1999 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt: 108729, 108730

The Law and Practice of Complex Construction Projects

Author : Fabio Solimene
Publisher : Taylor & Francis
ISBN 13 : 1003856470
Total Pages : 670 pages
Book Rating : 4.0/5 (38 download)

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Book Synopsis The Law and Practice of Complex Construction Projects by : Fabio Solimene

Download or read book The Law and Practice of Complex Construction Projects written by Fabio Solimene and published by Taylor & Francis. This book was released on 2024-03-21 with total page 670 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presenting readers with all the need-to-know information on complex construction projects within a single publication, this book expertly focuses on practical issues whilst also providing insights on the law applying to construction projects. As well as exploring individual subjects such as the negotiation of a contract, the evaluation of a claim or assistance in relation to contractual disputes, the book also creates an overarching understanding of the entire life of a project. It presents an inside view on the various stages of complex projects, from the moment they are conceived to the end of the contractual relation between employer and contractor, including any disputes between the parties. The reader will become familiar with the terminology used in the construction industry, the various phases of complex construction projects, the law applying to each phase and the various deliverables produced by the parties throughout the project. While including sections on the law applying to each phase, the book’s primary focus is on the practical aspects faced on a daily basis by practitioners working in the construction industry. This book is important reading for professionals involved in construction law at every level, including relevant academics, government employees and lawyers. It will also serve as a useful book for students, providing a comprehensive overview of the many factors and phases of a complex construction project.