Legal Method And The Rule Of Law

Author : Sebastián Urbina
Publisher : Springer Science & Business Media
ISBN 13 : 9789041118707
Total Pages : 272 pages
Book Rating : 4.05/5 ( download)

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Download or read book Legal Method and the Rule of Law written by Sebastián Urbina and published by Springer Science & Business Media. This book was released on 2002-08-31 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: We cannot see the world as it is because we face it in a 'contaminated' vein. That is, our conceptual scheme and biological constitution condition our world view. The legal normative world we are dealing with has some special features, like the primacy of practical reason over theoretical reason and the primacy of the internal point of view over the external point of view. Although it is not a feature of all legal traditions, 'legal dogmatics' is a privileged way of knowing legal normative object, that is, our legal orders. But we are not undertaking - as legal scholars - an empiricist enterprise because, among other reasons, we are not interested in the reality 'in itself' but in the 'relevant' reality, at least for us. In this respect, we do not only depend on theories (like physicists) but also on legal authoritative sources, that is, power and legitimacy. Legal scholars (and other participants in the legal life) are not neutral observers of their own world, trying to discover some hidden truth. They are committed experts trying to describe, justify and improve the legal order.

Author : James E. Fleming
Publisher : NYU Press
ISBN 13 : 0814728448
Total Pages : 310 pages
Book Rating : 4.44/5 ( download)

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Download or read book Getting to the Rule of Law written by James E. Fleming and published by NYU Press. This book was released on 2011-09-01 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rule of law has been celebrated as “an unqualified human good," yet there is considerable disagreement about what the ideal of the rule of law requires. When people clamor for the preservation or extension of the rule of law, are they advocating a substantive conception of the rule of law respecting private property and promoting liberty, a formal conception emphasizing an “inner morality of law,” or a procedural conception stressing the right to be heard by an impartial tribunal and to make arguments about what the law is? When are exertions of executive power “outside the law” justified on the ground that they may be necessary to maintain or restore the conditions for the rule of law in emergency circumstances, such as defending against terrorist attacks? In Getting to the Rule of Law a group of contributors from a variety of disciplines address many of the theoretical legal, political, and moral issues raised by such questions and examine practical applications “on the ground” in the United States and around the world. This timely, interdisciplinary volume examines the ideal of the rule of law, questions when, if ever, executive power “outside the law” is justified to maintain or restore the rule of law, and explores the prospects for and perils of building the rule of law after military interventions.

Author : James R. Silkenat
Publisher : Springer
ISBN 13 : 3319055852
Total Pages : 367 pages
Book Rating : 4.55/5 ( download)

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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 367 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.

Author : Jothie Rajah
Publisher : Cambridge University Press
ISBN 13 : 1107012414
Total Pages : 367 pages
Book Rating : 4.17/5 ( download)

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Download or read book Authoritarian Rule of Law written by Jothie Rajah and published by Cambridge University Press. This book was released on 2012-04-16 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through a focus on Singapore, this book presents an analysis of authoritarian legalism, showing how prosperity, public discourse, and a rigorous observance of legal procedure enable a reconfigured rule of law - liberal form but illiberal content. It shows how institutions and process become tools to constrain dissenting citizens while protecting those in political power.

Author : Ian McLeod
Publisher : Palgrave MacMillan
ISBN 13 : 9781403948700
Total Pages : 351 pages
Book Rating : 4.04/5 ( download)

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Download or read book Legal Method written by Ian McLeod and published by Palgrave MacMillan. This book was released on 2005 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal Method provides a lively introduction to both the nature of the English legal system and its sources, and the techniques which lawyers use when handling those sources. Now in its fifth edition, it has become a well-established and popular text for those who want a clear and accessible introduction to the subject. This edition has been fully updated throughout.

Author : Paul Cliteur
Publisher : Routledge
ISBN 13 : 1000578763
Total Pages : 176 pages
Book Rating : 4.68/5 ( download)

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Download or read book A New Introduction to Legal Method written by Paul Cliteur and published by Routledge. This book was released on 2022-04-04 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: A New Introduction to Legal Method provides a comprehensive overview of legal science and the scientific character of legal knowledge. In five chapters, the book analyses and explores: (i) legal methodology in general, the main features of different schools of thought, and the nature of science in general; (ii) American realism, which offers an ideal starting point for law students to reflect on the material they are about to study critically; (iii) rationalism, empiricism, and logical positivism, in particular the work of Karl Popper; (iv) criticisms of essentialism; (v) the ideological and philosophical background of contemporary liberal interpretation. The inclusion of Dutch, French, and German literature sources makes this law title differ from previous writings on legal science. This textbook is ideal for students of legal method, and will be of great interest to those studying legal science, jurisprudence, legal research,and legal skills.

Author : Dr. Ashok Kumar
Publisher : K.K. Publications
ISBN 13 :
Total Pages : 362 pages
Book Rating : 4./5 ( download)

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Download or read book Legal Method, Legal System and Legal Research written by Dr. Ashok Kumar and published by K.K. Publications. This book was released on 2021-09-11 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is written to serve the needs of the students of the law of the first year and it contains most aspects of the legal methods, legal systems and legal research. The legal method is an important subject in the study of law and it is also considered as the foundation of the subject. The book is split into eleventh chapters. Chapter one deals with the general methods and legal method of the study. Chapter two is concerned to jurisprudence and its schools. Chapter third deals with the nature and function of the law. Chapter fourth embodies the sources of the law. Chapter fifth discusses crime and a civil wrong. Chapter sixth is concerned to Constitution as basic law (rule of law). Chapter seventh deals with the separation of power. Chapter eight is devoted to the legal system. Chapter ninth analyses the moot court, mock trial and study method. Chapter tenth discusses about the legal profession and professional ethics. Chapter eleven deals with legal research and legal writing. The language of the book is easy and understandable to the students.

Author : Christopher May
Publisher : Edward Elgar Publishing
ISBN 13 : 1786432447
Total Pages : 576 pages
Book Rating : 4.45/5 ( download)

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Download or read book Handbook on the Rule of Law written by Christopher May and published by Edward Elgar Publishing. This book was released on 2018-08-31 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: The discussion of the norm of the rule of law has broken out of the confines of jurisprudence and is of growing interest to many non-legal researchers. A range of issues are explored in this volume that will help non-specialists with an interest in the rule of law develop a nuanced understanding of its character and political implications. It is explicitly aimed at those who know the rule of law is important and while having little legal background, would like to know more about the norm.

Author : Elaine Scarry
Publisher : MIT Press
ISBN 13 : 026226577X
Total Pages : 219 pages
Book Rating : 4.75/5 ( download)

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Download or read book Rule of Law, Misrule of Men written by Elaine Scarry and published by MIT Press. This book was released on 2010-04-02 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: A passionate call for citizen action to uphold the rule of law when government does not. This book is a passionate call for citizen action to uphold the rule of law when government does not. Arguing that post-9/11 legislation and foreign policy severed the executive branch from the will of the people, Elaine Scarry in Rule of Law, Misrule of Men offers a fierce defense of the people's role as guarantor of our democracy. She begins with the groundswell of local resistance to the 2001 Patriot Act, when hundreds of towns, cities, and counties passed resolutions refusing compliance with the information-gathering the act demanded, showing that citizens can take action against laws that undermine the rights of citizens and noncitizens alike. Scarry, once described in the New York Times Sunday Magazine as “known for her unflinching investigations of war, torture, and pain,” then turns to the conduct of the Iraqi occupation, arguing that the Bush administration led the country onto treacherous moral terrain, violating the Geneva Conventions and the armed forces' own most fundamental standards. She warns of the damage done to democracy when military personnel must choose between their own codes of warfare and the illegal orders of their civilian superiors. If our military leaders uphold the rule of law when civilian leaders do not, might we come to prefer them? Finally, reviewing what we know now about the Bush administration's crimes, Scarry insists that prosecution—whether local, national, or international—is essential to restoring the rule of law, and she shows how a brave town in Vermont has taken up the challenge. Throughout the book, Scarry finds hope in moments where citizens withheld their consent to grievous crimes, finding creative ways to stand by their patriotism.

Author : Charles R. Calleros
Publisher : Aspen Publishers
ISBN 13 :
Total Pages : 628 pages
Book Rating : 4.34/5 ( download)

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Download or read book Legal Method and Writing written by Charles R. Calleros and published by Aspen Publishers. This book was released on 2002 with total page 628 pages. Available in PDF, EPUB and Kindle. Book excerpt: By incorporating broad topical coverage, case analysis, study skills, and appellate briefs, Legal Method and Writing has proven its effectiveness to loyal users nationwide. Some of the many strengths of this exceptionally clear and complete text: after a comprehensive introduction to legal analysis, the book addresses different types of legal writing Writing in Law School, Writing in the Law Office, Advocacy, Appellate Briefs, Pretrial Advocacy, and Writing to Parties connects legal analysis to the writing process and shows parallels between the analytic structure of office memoranda and that of a law student's case briefs, course outlines, and essay examination answers goes beyond the typical memo and brief to explain how to write pleadings, motions, contracts, and letters the documents lawyers will write in practice excellent examples are often drawn from Contracts and Torts to make the material accessible to first-year students illustrations, exercises, and assignments present diversity in ethnicity, gender and sexual orientation practical exercises in the text give students an opportunity to sharpen their skills, and additional exercises appear in the appendices Changes make the Fourth Edition a stronger teaching and learning tool: new material on the ALWD manual and the 17th edition of the Bluebook in the citation chapter completely updated, with new examples, illustrations, and supporting citations, including exercises based on the author's popular teaching demonstrations carefully edited to control length and increase efficiency