Facing The Limits Of The Law

Author : Erik Claes
Publisher : Springer Science & Business Media
ISBN 13 : 3540798560
Total Pages : 540 pages
Book Rating : 4.69/5 ( download)

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Download or read book Facing the Limits of the Law written by Erik Claes and published by Springer Science & Business Media. This book was released on 2009-04-21 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many legal experts no longer share an unbounded trust in the potential of law to govern society efficiently and responsibly. They often experience the 'limits of the law', as they are confronted with striking inadequacies in their legal toolbox, with inner inconsistencies of the law, with problems of enforcement and obedience, and with undesired side-effects, and so on. The contributors to this book engage in the challenging task of making sense of this experience. Against the background of broader cultural transformations (such as globalisation, new technologies, individualism and cultural diversity), they revisit a wide range of areas of the law and map different types of limits in relation to some basic functions and characteristics of the law. Additionally, they offer a set of strategies to manage justifiably law's limits, such as dedramatising law's limits, conceptual refinement ('constructivism'), striking the right balance between different functions of the law, seeking for complementarity between law and other social practices.

Author : Mark Osiel
Publisher :
ISBN 13 : 0674368258
Total Pages : 513 pages
Book Rating : 4.55/5 ( download)

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Download or read book The Right to Do Wrong written by Mark Osiel and published by . This book was released on 2019-02-25 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law sometimes permits what ordinary morality, or widely-shared notions of right and wrong, reproaches. Rights to Do Grave Wrong explores the relationship between law and common morality to clarify law's reliance on society's broad presumption that people will exercise their rights responsibly. More concretely, he argues that certain legal rights rest on tacit sociological assumptions as to who will exercise them, under what circumstances, and how frequently. Further, he argues that we depend on stigma and shame to reduce and circumscribe the law's use. Some examples: though reneging on a debt is considered wrong, the law allows you to declare personal bankruptcy; international law allows museums to retain some masterworks looted from their rightful owners; in many countries abortion is permitted as a means of birth control. Using these examples and more, Osiel presents a "social scientific" analysis of law's interaction with social mores and the extent to which they limit our exercising rights to do wrong. The paradox he intends to elucidate is when and why it is appropriate for societies to champion de jure entitlements even as they successfully limit their de facto usage.--

Author : Erik Claes
Publisher : Springer
ISBN 13 : 9783540798552
Total Pages : 0 pages
Book Rating : 4.52/5 ( download)

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Download or read book Facing the Limits of the Law written by Erik Claes and published by Springer. This book was released on 2009-02-24 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many legal experts no longer share an unbounded trust in the potential of law to govern society efficiently and responsibly. They often experience the 'limits of the law', as they are confronted with striking inadequacies in their legal toolbox, with inner inconsistencies of the law, with problems of enforcement and obedience, and with undesired side-effects, and so on. The contributors to this book engage in the challenging task of making sense of this experience. Against the background of broader cultural transformations (such as globalisation, new technologies, individualism and cultural diversity), they revisit a wide range of areas of the law and map different types of limits in relation to some basic functions and characteristics of the law. Additionally, they offer a set of strategies to manage justifiably law's limits, such as dedramatising law's limits, conceptual refinement ('constructivism'), striking the right balance between different functions of the law, seeking for complementarity between law and other social practices.

Author : Jennifer Trahan
Publisher : Cambridge University Press
ISBN 13 : 1108487017
Total Pages : 375 pages
Book Rating : 4.16/5 ( download)

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Download or read book Existing Legal Limits to Security Council Veto Power in the Face of Atrocity Crimes written by Jennifer Trahan and published by Cambridge University Press. This book was released on 2020-08-13 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book outlines legal limits to the veto power of UN Security Council permanent members while atrocity crimes are occurring.

Author : Barbara H. Fried
Publisher : Oxford University Press
ISBN 13 : 0192587099
Total Pages : 286 pages
Book Rating : 4.91/5 ( download)

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Download or read book Facing Up to Scarcity written by Barbara H. Fried and published by Oxford University Press. This book was released on 2020-02-27 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: Facing Up to Scarcity offers a powerful critique of the nonconsequentialist approaches that have been dominant in Anglophone moral and political thought over the last fifty years. In these essays Barbara H. Fried examines the leading schools of contemporary nonconsequentialist thought, including Rawlsianism, Kantianism, libertarianism, and social contractarianism. In the realm of moral philosophy, she argues that nonconsequentialist theories grounded in the sanctity of "individual reasons" cannot solve the most important problems taken to be within their domain. Those problems, which arise from irreducible conflicts among legitimate (and often identical) individual interests, can be resolved only through large-scale interpersonal trade-offs of the sort that nonconsequentialism foundationally rejects. In addition to scrutinizing the internal logic of nonconsequentialist thought, Fried considers the disastrous social consequences when nonconsequentialist intuitions are allowed to drive public policy. In the realm of political philosophy, she looks at the treatment of distributive justice in leading nonconsequentialist theories. Here one can design distributive schemes roughly along the lines of the outcomes favoured—but those outcomes are not logically entailed by the normative premises from which they are ostensibly derived, and some are extraordinarily strained interpretations of those premises. Fried concludes, as a result, that contemporary nonconsequentialist political philosophy has to date relied on weak justifications for some very strong conclusions.

Author : Kevin M. Clermont
Publisher : Aspen Publishing
ISBN 13 : 1454860294
Total Pages : 1081 pages
Book Rating : 4.97/5 ( download)

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Download or read book Law for Society written by Kevin M. Clermont and published by Aspen Publishing. This book was released on 2010-02-18 with total page 1081 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law for Society: Nature, Functions, and Limits offers an illuminating conceptual framework that looks at five basic legal instruments with which the law addresses the problems and goals of society. For any Introduction to Law course or as secondary reading in political science, criminal justice, or general studies, Law for Society breaks down the very concept of “law” to answer the questions: What is law? How does law work? What can law do and not do? The book addresses the nature of law, its problem-solving functions, and the limits on what law can accomplish.

Author : Robert Greene
Publisher : Penguin
ISBN 13 : 0670881465
Total Pages : 481 pages
Book Rating : 4.68/5 ( download)

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Download or read book The 48 Laws of Power written by Robert Greene and published by Penguin. This book was released on 2023-10-31 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: Amoral, cunning, ruthless, and instructive, this multi-million-copy New York Times bestseller is the definitive manual for anyone interested in gaining, observing, or defending against ultimate control – from the author of The Laws of Human Nature. In the book that People magazine proclaimed “beguiling” and “fascinating,” Robert Greene and Joost Elffers have distilled three thousand years of the history of power into 48 essential laws by drawing from the philosophies of Machiavelli, Sun Tzu, and Carl Von Clausewitz and also from the lives of figures ranging from Henry Kissinger to P.T. Barnum. Some laws teach the need for prudence (“Law 1: Never Outshine the Master”), others teach the value of confidence (“Law 28: Enter Action with Boldness”), and many recommend absolute self-preservation (“Law 15: Crush Your Enemy Totally”). Every law, though, has one thing in common: an interest in total domination. In a bold and arresting two-color package, The 48 Laws of Power is ideal whether your aim is conquest, self-defense, or simply to understand the rules of the game.

Author : Dean Spade
Publisher : Duke University Press
ISBN 13 : 082237479X
Total Pages : 240 pages
Book Rating : 4.94/5 ( download)

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Download or read book Normal Life written by Dean Spade and published by Duke University Press. This book was released on 2015-07-13 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Revised and Expanded Edition Wait—what's wrong with rights? It is usually assumed that trans and gender nonconforming people should follow the civil rights and "equality" strategies of lesbian and gay rights organizations by agitating for legal reforms that would ostensibly guarantee nondiscrimination and equal protection under the law. This approach assumes that the best way to address the poverty and criminalization that plague trans populations is to gain legal recognition and inclusion in the state's institutions. But is this strategy effective? In Normal Life Dean Spade presents revelatory critiques of the legal equality framework for social change, and points to examples of transformative grassroots trans activism that is raising demands that go beyond traditional civil rights reforms. Spade explodes assumptions about what legal rights can do for marginalized populations, and describes transformative resistance processes and formations that address the root causes of harm and violence. In the new afterword to this revised and expanded edition, Spade notes the rapid mainstreaming of trans politics and finds that his predictions that gaining legal recognition will fail to benefit trans populations are coming to fruition. Spade examines recent efforts by the Obama administration and trans equality advocates to "pinkwash" state violence by articulating the US military and prison systems as sites for trans inclusion reforms. In the context of recent increased mainstream visibility of trans people and trans politics, Spade continues to advocate for the dismantling of systems of state violence that shorten the lives of trans people. Now more than ever, Normal Life is an urgent call for justice and trans liberation, and the radical transformations it will require.

Author : Omri Ben-Shahar
Publisher : Oxford University Press
ISBN 13 : 0197522831
Total Pages : 257 pages
Book Rating : 4.37/5 ( download)

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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.

Author : A. Grear
Publisher : Springer
ISBN 13 : 0230274633
Total Pages : 271 pages
Book Rating : 4.31/5 ( download)

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Download or read book Redirecting Human Rights written by A. Grear and published by Springer. This book was released on 2010-04-09 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: Against the backdrop of globalization and mounting evidence of the corporate subversion of the Universal Declaration of Human Rights paradigm, Anna Grear interrogates the complex tendencies within law that are implicated in the emergence of 'corporate humanity'. Grear presents a critical account of legal subjectivity, linking it with law's intimate relationship with liberal capitalism in order to suggest law's special receptivity to the corporate form. She argues that in the field of human rights law, particularly within the Universal Declaration of Human Rights paradigm, human embodied vulnerability should be understood as the foundation of human rights and as a key qualifying characteristic of the human rights subject. The need to redirect human rights in order to resist their colonization by powerful economic global actors could scarcely be more urgent.