The Law And The State

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Law and the State

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

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Book Synopsis Law and the State by : Alain Marciano

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

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

Author : édéric Bastiat
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.

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.

Law against the State

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

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Book Synopsis Law against the State by : Julia Eckert

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

Trials of the State

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

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Book Synopsis Trials of the State by : Jonathan Sumption

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

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

Author : James R. Silkenat
Publisher : Springer
ISBN 13 : 3319055852
Total Pages : 366 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 366 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.

Law, State and Society

Author : Bob Fryer
Publisher : Routledge
ISBN 13 : 1351053833
Total Pages : 358 pages
Book Rating : 4.3/5 (51 download)

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Book Synopsis Law, State and Society by : Bob Fryer

Download or read book Law, State and Society written by Bob Fryer and published by Routledge. This book was released on 2018-05-11 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published in 1981 Law, State and Society confronts many of the most important issues within the developing field of law and society. The essays cover the key political debates and the subject of the sociology of law through two key debates, the first tackling the wider theoretical and political system, while the other essays are concerned with more concrete aspects of both the political and social face of law. Together, the essays show how crucial the potential is that exists for a considerable extension and integration of work that focuses explicitly on empirical problems, yet is at the same time more conscious of the theoretical issues that underpin the effectivity of law.

Islamic Law and the State

Author : Sherman A. Jackson
Publisher : BRILL
ISBN 13 : 9789004104587
Total Pages : 302 pages
Book Rating : 4.1/5 (45 download)

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Book Synopsis Islamic Law and the State by : Sherman A. Jackson

Download or read book Islamic Law and the State written by Sherman A. Jackson and published by BRILL. This book was released on 1996-01-01 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: A discussion of the constitutional jurisprudence of an important Egyptian jurist of the M lik school, Shih b al-D n al-Qar f .

Law/Society

Author : John Sutton
Publisher : Pine Forge Press
ISBN 13 : 9780761987055
Total Pages : 324 pages
Book Rating : 4.9/5 (87 download)

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Book Synopsis Law/Society by : John Sutton

Download or read book Law/Society written by John Sutton and published by Pine Forge Press. This book was released on 2001 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: A core text for the Law and Society or Sociology of Law course offered in Sociology, Criminal Justice, Political Science, and Schools of Law. * John Sutton offers an explicitly analytical perspective to the subject - how does law change? What makes law more or less effective in solving social problems? What do lawyers do? * Chapter 1 contrasts normative and sociological perspectives on law, and presents a brief primer on the logic of research and inference as it is applied to law related issues. * Theories of legal change are discussed within a common conceptual framework that highlights the explantory strengths and weaknesses of different arguments. * Discussions of "law in action" are explicitly comparative, applying a consistent model to explain the variable outcomes of civil rights legislation. * Many concrete, in-depth examples throughout the chapters.

General Theory of Law and State

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

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

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

The International Law of State Responsibility

Author : Robert Kolb
Publisher : Edward Elgar Publishing
ISBN 13 : 1786434717
Total Pages : 417 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis The International Law of State Responsibility by : Robert Kolb

Download or read book The International Law of State Responsibility written by Robert Kolb and published by Edward Elgar Publishing. This book was released on 2017-04-28 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: This highly readable book examines the law of State responsibility, presenting it as a fundamental aspect of public international law. Covering the key aspects of the topic, it combines a clear overview with use of specific case studies in order to provide a deeper understanding.

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.

Law Beyond the State

Author : Rainer Hofmann
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.

Making Law

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

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Book Synopsis Making Law by : William J. Chambliss

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

Law, Power, and the Sovereign State

Author : Michael Ross Fowler
Publisher : Penn State Press
ISBN 13 : 9780271039114
Total Pages : 220 pages
Book Rating : 4.0/5 (391 download)

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Book Synopsis Law, Power, and the Sovereign State by : Michael Ross Fowler

Download or read book Law, Power, and the Sovereign State written by Michael Ross Fowler and published by Penn State Press. This book was released on 2010-11-01 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the wake of the collapse of the Soviet bloc, it is timely to ask what continuing role, if any, the concept of sovereignty can and should play in the emerging &"new world order.&" The aim of Law, Power, and the Sovereign State is both to counter the argument that the end of the sovereign state is close at hand and to bring scholarship on sovereignty into the post-Cold War era. The study assesses sovereignty as status and as power and examines the issue of what precisely constitutes a sovereign state. In determining how a political entity gains sovereignty, the authors introduce the requirements of de facto independence and de jure independence and explore the ambiguities inherent in each. They also examine the political process by which the international community formally confers sovereign status. Fowler and Bunck trace the continuing tension of the &"chunk and basket&" theories of sovereignty through the history of international sovereignty disputes and conclude by considering the usefulness of sovereignty as a concept in the future study and conduct of international affairs. They find that, despite frequent predictions of its imminent demise, the concept of sovereignty is alive and well as the twentieth century draws to a close.

State Theory and the Law

Author : Vesting, Thomas
Publisher : Edward Elgar Publishing
ISBN 13 : 178897932X
Total Pages : 256 pages
Book Rating : 4.7/5 (889 download)

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Book Synopsis State Theory and the Law by : Vesting, Thomas

Download or read book State Theory and the Law written by Vesting, Thomas and published by Edward Elgar Publishing. This book was released on 2022-03-17 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: There has been renewed and growing interest in exploring the significant role played by law in the centralization of power and sovereignty – right from the earliest point. This timely book serves as an introduction into state theory, providing an overview of the conceptual history and the interdisciplinary tradition of the continental European general theory of the state.

The Color of Law: A Forgotten History of How Our Government Segregated America

Author : Richard Rothstein
Publisher : Liveright Publishing
ISBN 13 : 1631492861
Total Pages : 246 pages
Book Rating : 4.6/5 (314 download)

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Book Synopsis The Color of Law: A Forgotten History of How Our Government Segregated America by : Richard Rothstein

Download or read book The Color of Law: A Forgotten History of How Our Government Segregated America written by Richard Rothstein and published by Liveright Publishing. This book was released on 2017-05-02 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: New York Times Bestseller • Notable Book of the Year • Editors' Choice Selection One of Bill Gates’ “Amazing Books” of the Year One of Publishers Weekly’s 10 Best Books of the Year Longlisted for the National Book Award for Nonfiction An NPR Best Book of the Year Winner of the Hillman Prize for Nonfiction Gold Winner • California Book Award (Nonfiction) Finalist • Los Angeles Times Book Prize (History) Finalist • Brooklyn Public Library Literary Prize This “powerful and disturbing history” exposes how American governments deliberately imposed racial segregation on metropolitan areas nationwide (New York Times Book Review). Widely heralded as a “masterful” (Washington Post) and “essential” (Slate) history of the modern American metropolis, Richard Rothstein’s The Color of Law offers “the most forceful argument ever published on how federal, state, and local governments gave rise to and reinforced neighborhood segregation” (William Julius Wilson). Exploding the myth of de facto segregation arising from private prejudice or the unintended consequences of economic forces, Rothstein describes how the American government systematically imposed residential segregation: with undisguised racial zoning; public housing that purposefully segregated previously mixed communities; subsidies for builders to create whites-only suburbs; tax exemptions for institutions that enforced segregation; and support for violent resistance to African Americans in white neighborhoods. A groundbreaking, “virtually indispensable” study that has already transformed our understanding of twentieth-century urban history (Chicago Daily Observer), The Color of Law forces us to face the obligation to remedy our unconstitutional past.