Rediscovering Fuller

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Rediscovering Fuller

Author : W. J. Witteveen
Publisher : Amsterdam University Press
ISBN 13 : 9789053563878
Total Pages : 1008 pages
Book Rating : 4.5/5 (638 download)

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Book Synopsis Rediscovering Fuller by : W. J. Witteveen

Download or read book Rediscovering Fuller written by W. J. Witteveen and published by Amsterdam University Press. This book was released on 1999 with total page 1008 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lon Fuller, one of the great American jurists of this century, is often remembered only for his stand on the morality of law in the Fuller-Hart debate. Rediscovering Fuller considers the full range of Fuller's writings, from his early engagement with legal fictions and his critique of legal positivism to his later work on implicit law and the art of institutional design. Contributors from the fields of both civil law and common law argue that Fuller's insights are highly relevant to contemporary concerns. The book contains essays by K. Winston, D. Dyzenhaus, P. Cliteur, F. Schauer ("Beyond the Fuller-Hart Debate"), P. Westerman, W. van der Burg, D. Luban ("Moralities of Law"), G. Postema, P. Teachout ("Implicit Law"), R. Macdonald, W. Witteveen, J. Allison, M. Hertogh, K. Soltan ("The Art of Institutional Design"), J. Allan, F. Mootz, J. Vining ("Law's Dialogue"), and a preface by Ph. Selznick. "At some point in the future, when we become more open to the moral relevance of social inquiry, more empirical in our study of philosophical issues, more capable of uniting moral and social theory, Lon Fuller's work will stand as a landmark. This volume will help show the way." —Ph. Selznick

The Hart-Fuller Debate in the Twenty-First Century

Author : Peter Cane
Publisher : Bloomsbury Publishing
ISBN 13 : 184731757X
Total Pages : 307 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis The Hart-Fuller Debate in the Twenty-First Century by : Peter Cane

Download or read book The Hart-Fuller Debate in the Twenty-First Century written by Peter Cane and published by Bloomsbury Publishing. This book was released on 2010-02-16 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the papers and comments on those papers delivered at a colloquium held at the Australian National University in December 2008 to celebrate 50 years since the publication in the Harvard Law Review of the famous and wide-ranging debate between HLA Hart and Lon L Fuller. These essays do not to re-run that debate and they are not confined to discussion of the jurisprudential issues canvassed by Hart and Fuller. Rather they pick up on strands in the debate and re-think them in the light of social, political and intellectual developments in the past 50 years and changed ways of understanding law and other normative systems. This collection looks forward rather than backward using the debate as a point of departure and inspiration.

Designing Government

Author : Pearl Eliadis
Publisher : McGill-Queen's Press - MQUP
ISBN 13 : 0773581707
Total Pages : 467 pages
Book Rating : 4.7/5 (735 download)

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Book Synopsis Designing Government by : Pearl Eliadis

Download or read book Designing Government written by Pearl Eliadis and published by McGill-Queen's Press - MQUP. This book was released on 2005-02-14 with total page 467 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do governments govern today and how well do they do it? How do governments choose the tools or instruments they will use to get things done? In today's world, how could these decisions be improved from the standpoint of efficiency, effectiveness, legitimacy and accountability? "Designing Government" brings together leading experts to examine the "instrument choice" perspective on government and public policy over the past two decades. The authors examine such issues as accountability, effectiveness, sustainability, legitimacy, and the impact of globalization. The debate is enriched by contributors from several countries who provide a comparative context and, most importantly, help chart a course for the future. Moving beyond the traditional regulatory sphere and its preoccupations with deregulation and efficiency, the authors trace the complex relationships between instrument choices and governance. "Designing Government" encourages the reader to consider factors in the design of complex mixes, such as issues of redundancy, context, the rule of law and accountability. These latter factors are especially central in today's world to the design and implementation of effective instrument choices by governments and, ultimately, to good governance. The authors conclude, in fact, that seeing instrument choice itself as part and parcel of designing government and achieving good governance is both the promise and the challenge for instrument-based perspectives in the years ahead. Contributors include Hans Bressers (University of Twente), Neil Gunningham (Australian National University), John Hoornbeck (University of Pittsburgh), Margaret Hill (Infrastructure Canada), Michael Howlett (Simon Fraser University), Bridget Hutter (London School of Economics and Political Science), Pierre Issalys (Université Laval), Réjean Landry (Laval University), Roderick A. Macdonald (McGill University), Larry O'Toole (University of Georgia), B. Guy Peters (University of Pittsburgh), Michael J. Prince (University of Victoria), Sean Rehaag (University of Toronto), Arthur B. Ringeling (Erasmus University), Stephen J. Toope (McGill University), Michael J. Trebilcock (University of Toronto), Frédéric Varone (Université Catholique de Louvain, Belgium), and Kernaghan Webb (Carleton University).

The Dynamics of Law and Morality

Author : Wibren van der Burg
Publisher : Routledge
ISBN 13 : 1317035046
Total Pages : 223 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis The Dynamics of Law and Morality by : Wibren van der Burg

Download or read book The Dynamics of Law and Morality written by Wibren van der Burg and published by Routledge. This book was released on 2016-03-23 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the dynamic intertwinement of law and morality, with a focus on new and developing fields of law. Taking as its starting point the debates and mutual misunderstandings between proponents of different philosophical traditions, it argues that this theoretical pluralism is better explained once law is accepted as an essentially ambiguous concept. Continuing on, the book develops a robust theory of law that increases our grasp on global legal pluralism and the dynamics of law. This theory of legal interactionism, inspired by the work of Lon Fuller and Philip Selznick, also helps us to understand apparent anomalies of modern law, such as international law, the law of the European Convention on Human Rights and horizontal interactive legislation. In an ecumenical approach, legal interactionism does justice to the valuable core of truth in natural law and legal positivism. Shedding new light on familiar debates between authors such as Fuller, Hart and Dworkin, this book is of value to academics and students interested in legal theory, jurisprudence, legal sociology and moral philosophy.

Routledge Handbook of the Rule of Law

Author : Michael Sevel
Publisher : Taylor & Francis
ISBN 13 : 1351237160
Total Pages : 400 pages
Book Rating : 4.3/5 (512 download)

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Book Synopsis Routledge Handbook of the Rule of Law by : Michael Sevel

Download or read book Routledge Handbook of the Rule of Law written by Michael Sevel and published by Taylor & Francis. This book was released on 2024-10-24 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook provides a state-of-the-art survey of the study of the rule of law across law, the humanities, and social sciences, as well as insights into the practice of building the rule of law within and among states. Its 28 chapters are by many of the world’s leading scholars of the rule of law, as well as distinguished junior scholars, from a dozen countries and representing a number of academic disciplines. The chapters are ordered to progress, first, from theory to the practice of the rule of law and, second, from the rule of law within, to beyond, the state. They divide into three parts. The first part examines the concept, history, and value of the rule of law. This section considers the importance of political and intellectual history in shaping the concept over the centuries and takes novel philosophical approaches to the connection between the rule of law and other important ideals such as justice, equality, and civil disobedience. The second part transitions from theoretical studies to accounts of practical exercises in building the rule of law. The chapters consider the challenges of rule of law reform, including the use of local intermediaries facilitating interactions between international legal aid organizations and state governments, the challenges of legal translation across vastly different societies, the pathways of knowledge among the powerless about the protective potential of the rule of law, as well as the possible future for artificial intelligence systems in helping to reinforce rule-of-law principles. The third part examines the rule of law from a number of perspectives within particular supranational and national states, such as the European Union, China, Singapore, and South Africa, among others, and concludes by considering the prospects of the rule of law beyond the state, both within and among international institutions such as the United Nations, as well as non-territorial spaces like the world’s oceans. This Handbook is aimed at rule of law scholars across law, the humanities, and the social sciences, law and development practitioners, policymakers, and advanced students and researchers who seek a state-of-the-art overview of the history, theory, and practice of the rule of law.

Preservation of Ecosystems of International Watercourses and the Integration of Relevant Rules

Author : Lee Jing
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004268391
Total Pages : 447 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Preservation of Ecosystems of International Watercourses and the Integration of Relevant Rules by : Lee Jing

Download or read book Preservation of Ecosystems of International Watercourses and the Integration of Relevant Rules written by Lee Jing and published by Martinus Nijhoff Publishers. This book was released on 2014-07-17 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Preservation of Ecosystems of International Watercourses and the Integration of Relevant Rules: An Interpretative Mechanism to Address the Fragmentation of International Law, Lee Jing takes an innovative approach to developing an international legal framework for preserving ecosystems. Deploying Article 31(3)(c) of the 1969 Vienna Convention an analytical framework is devised that examines ‘the ecosystem approach’ under international law through the prism of Article 20 of the UN Watercourses Convention. The analysis provides an enhanced normative scope and content for the UN Watercourses Convention’s approach to the obligation to preserve, taking into account contemporary developments in international law. The work demonstrates the full potential of the Vienna Convention’s Article 31(3)(c) as an integration tool in addressing the fragmentation of international law.

The Canon of American Legal Thought

Author : David Kennedy
Publisher : Princeton University Press
ISBN 13 : 0691186421
Total Pages : 936 pages
Book Rating : 4.6/5 (911 download)

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Book Synopsis The Canon of American Legal Thought by : David Kennedy

Download or read book The Canon of American Legal Thought written by David Kennedy and published by Princeton University Press. This book was released on 2018-06-05 with total page 936 pages. Available in PDF, EPUB and Kindle. Book excerpt: This anthology presents, for the first time, full texts of the twenty most important works of American legal thought since 1890. Drawing on a course the editors teach at Harvard Law School, the book traces the rise and evolution of a distinctly American form of legal reasoning. These are the articles that have made these authors--from Oliver Wendell Holmes, Jr., to Ronald Coase, from Ronald Dworkin to Catherine MacKinnon--among the most recognized names in American legal history. These authors proposed answers to the classic question: "What does it mean to think like a lawyer--an American lawyer?" Their answers differed, but taken together they form a powerful brief for the existence of a distinct and powerful style of reasoning--and of rulership. The legal mind is as often critical as constructive, however, and these texts form a canon of critical thinking, a toolbox for resisting and unravelling the arguments of the best legal minds. Each article is preceded by a short introduction highlighting the article's main ideas and situating it in the context of its author's broader intellectual projects, the scholarly debates of his or her time, and the reception the article received. Law students and their teachers will benefit from seeing these classic writings, in full, in the context of their original development. For lawyers, the collection will take them back to their best days in law school. All readers will be struck by the richness, the subtlety, and the sophistication with which so many of what have become the clichés of everyday legal argument were originally formulated.

Legitimacy and Legality in International Law

Author : Jutta Brunnée
Publisher : Cambridge University Press
ISBN 13 : 1139491474
Total Pages : pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Legitimacy and Legality in International Law by : Jutta Brunnée

Download or read book Legitimacy and Legality in International Law written by Jutta Brunnée and published by Cambridge University Press. This book was released on 2010-08-05 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: It has never been more important to understand how international law enables and constrains international politics. By drawing together the legal theory of Lon Fuller and the insights of constructivist international relations scholars, this book articulates a pragmatic view of how international obligation is created and maintained. First, legal norms can only arise in the context of social norms based on shared understandings. Second, internal features of law, or 'criteria of legality', are crucial to law's ability to promote adherence, to inspire 'fidelity'. Third, legal norms are built, maintained or destroyed through a continuing practice of legality. Through case studies of the climate change regime, the anti-torture norm, and the prohibition on the use of force, it is shown that these three elements produce a distinctive legal legitimacy and a sense of commitment among those to whom law is addressed.

New Waves in Philosophy of Law

Author : Maksymilian Del Mar
Publisher : Springer
ISBN 13 : 0230316646
Total Pages : 287 pages
Book Rating : 4.2/5 (33 download)

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Book Synopsis New Waves in Philosophy of Law by : Maksymilian Del Mar

Download or read book New Waves in Philosophy of Law written by Maksymilian Del Mar and published by Springer. This book was released on 2011-08-15 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of 11 cutting-edge essays by leading young scholars, challenging long-held assumptions and offering new research paradigms in Philosophy of Law - in five parts 1) methodology/metatheory; 2) reasoning/evaluating; 3) values/the moral life; 4) institutions/the social life; and 5) the global/international dimension.

The Importance of Ideals

Author : Wibren van der Burg
Publisher : Peter Lang
ISBN 13 : 9789052012261
Total Pages : 280 pages
Book Rating : 4.0/5 (122 download)

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Book Synopsis The Importance of Ideals by : Wibren van der Burg

Download or read book The Importance of Ideals written by Wibren van der Burg and published by Peter Lang. This book was released on 2004 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ideals are important in social reality, but they have been neglected in theories of law, politics, and morality. This book has the role of ideals as its central theme. More specifically, it argues that ideals are necessary to understand pluralism, that they are key elements in controversy and debate, and that they enable development. It combines theoretical analysis of the concept of ideals with discussion of concrete debates and cases, including philosophical debates about politics and equality, sociological studies of the diverse interpretations of the rule of law, and accounts of the development of environmental law and privacy law. Thus, the functioning of ideals is critically examined, showing the merits and limitations of an ideal-oriented approach.

A Rule of Law for Our New Age of Anxiety

Author : Stephen J Toope
Publisher : Cambridge University Press
ISBN 13 : 100929945X
Total Pages : 311 pages
Book Rating : 4.0/5 (92 download)

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Book Synopsis A Rule of Law for Our New Age of Anxiety by : Stephen J Toope

Download or read book A Rule of Law for Our New Age of Anxiety written by Stephen J Toope and published by Cambridge University Press. This book was released on 2023-05-31 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an age of anxiety, Toope makes the case for a revitalised rule of law to bolster collective resilience and restore our capacity to build healthier societies. A pragmatic approach to the rule of law recognises its ability to chasten power, while not disconnecting law from other sources of social action and human agency.

A New Introduction to Jurisprudence

Author : Paul Cliteur
Publisher : Routledge
ISBN 13 : 0429655487
Total Pages : 212 pages
Book Rating : 4.4/5 (296 download)

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Book Synopsis A New Introduction to Jurisprudence by : Paul Cliteur

Download or read book A New Introduction to Jurisprudence written by Paul Cliteur and published by Routledge. This book was released on 2019-03-28 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: A New Introduction to Jurisprudence takes one of the central problems of law and jurisprudence as its point of departure: what is the law? Adopting an intermediate position between legal positivism and natural law, this book reflects on the concept of ‘liberal democracy’ or ‘constitutional democracy’. In five chapters the book analyses: (i) the idea of higher law, (ii) liberal democracy as a legitimate model for the state, (iii) the separation of church and state or secularism as essential for the democratic state, (iv) the universality of higher law principles, (v) the history of modern political thought. This interdisciplinary approach to jurisprudence is relevant for legal scholars, philosophers, political theorists, public intellectuals, historians, and politicians.

Legal Validity and Soft Law

Author : Pauline Westerman
Publisher : Springer
ISBN 13 : 3319775227
Total Pages : 271 pages
Book Rating : 4.3/5 (197 download)

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Book Synopsis Legal Validity and Soft Law by : Pauline Westerman

Download or read book Legal Validity and Soft Law written by Pauline Westerman and published by Springer. This book was released on 2018-12-05 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book features essays that investigate the nature of legal validity from the point of view of different traditions and disciplines. Validity is a fascinating and elusive characteristic of law that in itself deserves to be explored, but further investigation is made more acute and necessary by the production, nowadays, of soft law products of regulation, such as declarations, self-regulatory codes, and standardization norms. These types of rules may not exhibit the characteristics of formal law, and may lack full formal validity but yet may have a very real impact on people's lives. The essays focus on the structural properties of hard and soft legal phenomena and the basis of their validity. Some propose to redefine validity: to allow for multiple concepts instead of one and/or to allow for a gradual concept of validity. Others seek to analyze the new situation by linking it to familiar historical debates and well-established theories of law. In addition, coverage looks at the functions of validity itself. The discussion considers both international law as well as domestic law arrangements. What does it mean to say that something is valid? Should we discard validity as the determining aspect of law? If so, what does this mean for our concept of law? Should we differentiate between kinds of validity? Or, can we say that rules can be "more" or "less" valid? After reading this book, practitioners, scholars and students will have a nuanced understanding of these questions and more. Chapter 6 is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

Forms Liberate

Author : Kristen Rundle
Publisher : Bloomsbury Publishing
ISBN 13 : 1847319386
Total Pages : 222 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Forms Liberate by : Kristen Rundle

Download or read book Forms Liberate written by Kristen Rundle and published by Bloomsbury Publishing. This book was released on 2012-05-04 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lon L Fuller's account of what he termed 'the internal morality of law' is widely accepted as the classic twentieth century statement of the principles of the rule of law. Much less accepted is his claim that a necessary connection between law and morality manifests in these principles, with the result that his jurisprudence largely continues to occupy a marginal place in the field of legal philosophy. In 'Forms Liberate: Reclaiming the Jurisprudence of Lon L Fuller', Kristen Rundle offers a close textual analysis of Fuller's published writings and working papers to explain how his claims about the internal morality of law belong to a wider exploration of the ways in which the distinctive form of law introduces meaningful limits to lawgiving power through its connection to human agency. By reading Fuller on his own terms, 'Forms Liberate' demonstrates why his challenge to a purely instrumental conception of law remains salient for twenty-first century legal scholarship.

Private Law and the Rule of Law

Author : Lisa M Austin
Publisher : OUP Oxford
ISBN 13 : 0191045578
Total Pages : 514 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Private Law and the Rule of Law by : Lisa M Austin

Download or read book Private Law and the Rule of Law written by Lisa M Austin and published by OUP Oxford. This book was released on 2014-12-18 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rule of law is widely perceived to be a public law doctrine, concerned with the way in which governmental authority conforms to the dictates of law. The goal of this book is to challenge this presumption. The chapters in this volume all consider the idea that the rule of law concerns the nature of law generally and the conditions under which any relationship - that among citizens as well as that between citizens and the state - becomes subject to law. Addressing two major questions, they ask if our understanding of the rule of law is enriched by considering how and to what degree it is expressed or realized in private law, and whether our understanding of the private law is enriched by adding the principles of the rule of law to the traditional list of core private law concepts. Bringing together leading philosophers of private and public law, this volume examines key questions in a little-explored field, and will be essential reading for all those interested in the rule of law and in private law theory.

Electric Salome

Author : Rhonda K. Garelick
Publisher : Princeton University Press
ISBN 13 : 0691141096
Total Pages : 262 pages
Book Rating : 4.6/5 (911 download)

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Book Synopsis Electric Salome by : Rhonda K. Garelick

Download or read book Electric Salome written by Rhonda K. Garelick and published by Princeton University Press. This book was released on 2009-02-01 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Loie Fuller was the most famous American in Europe throughout the late nineteenth and early twentieth centuries. Rising from a small-time vaudeville career in the States, she attained international celebrity as a dancer, inventor, impresario, and one of the first women filmmakers in the world. Fuller befriended royalty and inspired artists such as Mallarmé, Toulouse-Lautrec, Rodin, Sarah Bernhardt, and Isadora Duncan. Today, though, she is remembered mainly as an untutored "pioneer" of modern dance and stage technology, the "electricity fairy" who created a sensation onstage whirling under colored spotlights. But in Rhonda Garelick's Electric Salome, Fuller finally receives her due as a major artist whose work helped lay a foundation for all modernist performance to come. The book demonstrates that Fuller was not a mere entertainer or precursor, but an artist of great psychological, emotional, and sexual expressiveness whose work illuminates the centrality of dance to modernism. Electric Salome places Fuller in the context of classical and modern ballet, Art Nouveau, Orientalism, surrealism, the birth of cinema, American modern dance, and European drama. It offers detailed close readings of texts and performances, situated within broader historical, cultural, and theoretical frameworks. Accessibly written, the book also recounts the human story of how an obscure, uneducated woman from the dustbowl of the American Midwest moved to Paris, became a star, and lived openly for decades as a lesbian.

Law, Society and Community

Author : Richard Nobles
Publisher : Routledge
ISBN 13 : 1317107284
Total Pages : 510 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis Law, Society and Community by : Richard Nobles

Download or read book Law, Society and Community written by Richard Nobles and published by Routledge. This book was released on 2016-04-22 with total page 510 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of socio-legal studies, written by leading theorists and researchers from around the world, offers original, perceptive and critical contributions to ideas and theories that have been expounded by Roger Cotterrell over a long and distinguished career. Engaging with many classic issues and theories of the sociology of law, the contributions are likely to become classics themselves as they tackle some of the most significant challenges that modern law faces. They do not shy away from what one of the contributors describes as the complexity and multiplicity of our contemporary legal world. The book is organized in three parts: socio-legal themes; methodological and jurisprudential themes; globalization, cultural and comparative law themes. Starting with a chapter that re-engages with the need to interpret legal ideas sociologically, and ending with one that explores the global significance of modern fascination with the idea of the rule of law, this selection offers important additions to the oeuvre of Roger Cotterrell (a list of whose academic writings is included in the book).