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Author : Jeremy Bentham
Publisher :
ISBN 13 :
Total Pages : 286 pages
Book Rating : 4.R/5 ( download)
Download or read book Theory of Legislation written by Jeremy Bentham and published by . This book was released on 1840 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Jeremy Bentham
Publisher :
ISBN 13 :
Total Pages : 378 pages
Book Rating : 4.F/5 ( download)
Download or read book The Principles of Morals and Legislation written by Jeremy Bentham and published by . This book was released on 1879 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discusses morals' functions and natures that affect the legislation in general. Bases the discussions on pain and pleasure as basic principle of law embodiment. Mentions of the circumstance influencing sensibility, general human actions, intentionality, conciousness, motives, human dispositions, consequencess of mischievous act, case of punishment, and offences' division.
Author : Luc J. Wintgens
Publisher : Routledge
ISBN 13 : 1351881264
Total Pages : 383 pages
Book Rating : 4.3/5 (518 download)
Download or read book The Theory and Practice of Legislation written by Luc J. Wintgens and published by Routledge. This book was released on 2017-03-02 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work provides a rational framework for legislation. The unifying premise behind the essays is that, although legislation and regulation are the result of a political process, legislation and regulation can be the object of theoretical study. The volume focuses on problems that are common to most European legal systems and the approach involves applying to legislative problems the tools of legal theory - hence 'legisprudence'. Whereas traditional legal theory deals predominantly with the application of law by the judge, legisprudence enlarges the field of study so as to include the creation of law by the legislator. The original essays published in this collection expose and develop a range of new insights into the relationship between legislative problems and legal theory in a way which will engage and interest legal scholars throughout the world.
Author : David Lieberman
Publisher : Cambridge University Press
ISBN 13 : 9780521528542
Total Pages : 332 pages
Book Rating : 4.5/5 (285 download)
Download or read book The Province of Legislation Determined written by David Lieberman and published by Cambridge University Press. This book was released on 2002-07-18 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive account of English legal thought in the age of Blackstone and Bentham for nearly a century, The Province of Legislation Determined advances an ambitious reinterpretation of eighteenth-century attitudes to social change and law reform. Professor Lieberman's bold synthesis rests on a wide survey of legal materials and on a detailed discussion of Blackstone's Commentaries, the jurisprudence of Lord Kames and the Scottish Enlightenment, the chief justiceship of Lord Mansfield, the penal theories of Eden and Romilly, and the legislative science of Jeremy Bentham. The study relates legal developments to the broader fabric of eighteenth-century social and political theory, and offers a novel assessment of the character of the common law tradition and of Bentham's contribution to the ideology of reform.
Author : Douglas G. Baird
Publisher : Harvard University Press
ISBN 13 : 9780674341111
Total Pages : 348 pages
Book Rating : 4.3/5 (411 download)
Download or read book Game Theory and the Law written by Douglas G. Baird and published by Harvard University Press. This book was released on 1994 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first to apply the tools of game theory and information economics to advance our understanding of how laws work. Organized around the major solution concepts of game theory, it shows how such well known games as the prisoner's dilemma, the battle of the sexes, beer-quiche, and the Rubinstein bargaining game can illuminate many different kinds of legal problems. Game Theory and the Law highlights the basic mechanisms at work and lays out a natural progression in the sophistication of the game concepts and legal problems considered.
Author : Panos Merkouris
Publisher : Cambridge University Press
ISBN 13 : 131651689X
Total Pages : 647 pages
Book Rating : 4.3/5 (165 download)
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.
Author : Hans Kelsen
Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 1584775785
Total Pages : 366 pages
Book Rating : 4.5/5 (847 download)
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.
Author : Luc Wintgens
Publisher : Hart Publishing
ISBN 13 : 1841133426
Total Pages : 161 pages
Book Rating : 4.8/5 (411 download)
Download or read book Legisprudence written by Luc Wintgens and published by Hart Publishing. This book was released on 2002-11-08 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Proceedings of the fourth Benelux-Scandinavian Symposium on Legal Theory."--T.p.
Author : Keith Krehbiel
Publisher : University of Chicago Press
ISBN 13 : 0226452735
Total Pages : 276 pages
Book Rating : 4.2/5 (264 download)
Download or read book Pivotal Politics written by Keith Krehbiel and published by University of Chicago Press. This book was released on 2010-05-27 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: Politicians and pundits alike have complained that the divided governments of the last decades have led to legislative gridlock. Not so, argues Keith Krehbiel, who advances the provocative theory that divided government actually has little effect on legislative productivity. Gridlock is in fact the order of the day, occurring even when the same party controls the legislative and executive branches. Meticulously researched and anchored to real politics, Krehbiel argues that the pivotal vote on a piece of legislation is not the one that gives a bill a simple majority, but the vote that allows its supporters to override a possible presidential veto or to put a halt to a filibuster. This theory of pivots also explains why, when bills are passed, winning coalitions usually are bipartisan and supermajority sized. Offering an incisive account of when gridlock is overcome and showing that political parties are less important in legislative-executive politics than previously thought, Pivotal Politics remakes our understanding of American lawmaking.
Author : Herbert Lionel Adolphus Hart
Publisher :
ISBN 13 :
Total Pages : 263 pages
Book Rating : 4.:/5 (159 download)
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:
Author : Jeremy Waldron
Publisher : Harvard University Press
ISBN 13 : 0674970365
Total Pages : 369 pages
Book Rating : 4.6/5 (749 download)
Download or read book Political Political Theory written by Jeremy Waldron and published by Harvard University Press. This book was released on 2016-03-07 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Political theorists focus on the nature of justice, liberty, and equality while ignoring the institutions through which these ideals are achieved. Political scientists keep institutions in view but deploy a meager set of value-conceptions in analyzing them. A more political political theory is needed to address this gap, Jeremy Waldron argues.
Author : W. J. Waluchow
Publisher : Cambridge University Press
ISBN 13 : 1139462814
Total Pages : 7 pages
Book Rating : 4.1/5 (394 download)
Download or read book A Common Law Theory of Judicial Review written by W. J. Waluchow and published by Cambridge University Press. This book was released on 2006-12-25 with total page 7 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this study, W. J. Waluchow argues that debates between defenders and critics of constitutional bills of rights presuppose that constitutions are more or less rigid entities. Within such a conception, constitutions aspire to establish stable, fixed points of agreement and pre-commitment, which defenders consider to be possible and desirable, while critics deem impossible and undesirable. Drawing on reflections about the nature of law, constitutions, the common law, and what it is to be a democratic representative, Waluchow urges a different theory of bills of rights that is flexible and adaptable. Adopting such a theory enables one not only to answer to critics' most serious challenges, but also to appreciate the role that a bill of rights, interpreted and enforced by unelected judges, can sensibly play in a constitutional democracy.
Author : Jeremy Bentham
Publisher :
ISBN 13 :
Total Pages : 430 pages
Book Rating : 4.F/5 ( download)
Download or read book An Introduction to the Principles of Morals and Legislation written by Jeremy Bentham and published by . This book was released on 1879 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Francesco Ferraro
Publisher : Springer Nature
ISBN 13 : 3030872629
Total Pages : 243 pages
Book Rating : 4.0/5 (38 download)
Download or read book Exploring the Province of Legislation written by Francesco Ferraro and published by Springer Nature. This book was released on 2022-01-12 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legisprudence considers a variety of perspectives and relies on contributions from numerous different disciplines. Rather than providing examples of the various possible approaches to legisprudential studies, this book – bringing together lawyers and legal theorists from seven different countries – highlights two aspects of the many disciplines involved. Firstly, it discusses theoretical abstraction, which borders on, or enters into the realm of full-fledged philosophical speculation. Secondly, it examines empirical observation of specific cases, precisely situated regarding their spatial or historical collocation, or referring to a particular species of legislative policy. Focusing on legislation both as a process and as a result, the aim of the book is twofold: on the one hand, it demonstrates that, far from being a purely theoretical and exclusively academic intellectual enterprise, legisprudence can offer criteria for both assessing and improving the quality of real-world legislation. On the other hand, it shows how lawmaking is at least as interesting and legitimate a field of inquiry as adjudication and interpretation of laws for legal theorists and philosophers of law, and that they are already equipped with extremely valuable intellectual tools for fruitful legisprudential inquiry. The book is organized in two parts. The first part comprises legal-theoretical accounts on general aspects of legislation as a process and as a result. The second part presents contributions focusing on specific experiences of evaluations of legislative quality and contributions to the legislature’s work on the part of the public, as well as on particular legislative policies, methodologies in lawmaking, and problems regarding legislation as an instrument.
Author : Ronald Dworkin
Publisher :
ISBN 13 : 9788175342569
Total Pages : 0 pages
Book Rating : 4.3/5 (425 download)
Download or read book Law's Empire written by Ronald Dworkin and published by . This book was released on 2011-11 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 'Law's Empire', Ronald Dworkin relects on the nature of the law, its authority, its application in democracy, the prominent role of interpretation in judgement and the relations of lawmakers and lawgivers in the community.
Author : William N. Eskridge (Jr.)
Publisher :
ISBN 13 :
Total Pages : 436 pages
Book Rating : 4.F/5 ( download)
Download or read book Legislation and Statutory Interpretation written by William N. Eskridge (Jr.) and published by . This book was released on 2006 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: Suitable for students or practitioners, this authoritative overview of the legislative process and statutory interpretation moves smoothly and understandably between the theoretical and the practical. It contains in-depth discussion of such topics as theories of legislation and representation, electoral and legislative structures, extrinsic sources for statutory interpretation, and substantive canons of statutory interpretation. Reap the benefits of the authors' experience, opinions, and insight and gain a working knowledge of the area.
Author : John Cirace
Publisher : Lexington Books
ISBN 13 : 1498549098
Total Pages : 393 pages
Book Rating : 4.4/5 (985 download)
Download or read book Law, Economics, and Game Theory written by John Cirace and published by Lexington Books. This book was released on 2020-07-06 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers three relationships: law and economics; economics and game theory; and game theory and law. Economists teach lawyers that economic principles cut across and integrate seemingly different legal subjects such as contracts, torts, and property. Correspondingly, lawyers teach economists that legal rationality is a separate and distinct decision-making process that can be formalized by behavioral rules that are parallel to and comparable with the behavioral rules of economic rationality, that efficiency often must be constrained by legal goals such as equal protection of the laws, due process, and horizontal and distributional equity, and that the general case methodology of economics vs. the hard case methodology of law for determining the truth or falsity of economic theories and theorems sometimes conflict. Economics and Game Theory: Law and economics books focus on economic analysis of judges’ decisions in common law cases and have been mostly limited to contracts, torts, property, criminal law, and suit and settlement. There is usually no discussion of the many areas of law that require cooperative action such as is needed to provide economic infrastructure, control public “bad” type externalities, and make legislation. Game theory provides the bridge between competitive markets and the missing discussion of cooperative action in law and economics. How? Competitive markets are examples (subset) of the Prisoners’ Dilemma, which explains the conflict between individual self-interested behavior and cooperation both in economic markets and in legislative bodies and demonstrates the need for social infrastructure and regulation of pollution and global warming. Game Theory and Law: Lawsuits usually involve litigation between two parties, not the myriad participants in markets, so the assumption of self-interest constrained by markets does not carry over to legal disputes involving one-on-one bargaining in which the law gives one party superior bargaining power. Game theory models predict the effect of different legal institutions, rights, and rules on the outcome of such bargaining. Game theory also has a natural four-model framework which is used in this book to analyze the law and economics of civil obligation, which consists of torts (negligence), contracts, and unjust enrichment.
