The Long Arc Of Legality

Author : David Dyzenhaus
Publisher : Cambridge University Press
ISBN 13 : 1009058851
Total Pages : 491 pages
Book Rating : 4.58/5 ( download)

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Download or read book The Long Arc of Legality written by David Dyzenhaus and published by Cambridge University Press. This book was released on 2022-01-27 with total page 491 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Long Arc of Legality breaks the current deadlock in philosophy of law between legal positivism and natural law by showing that any understanding of law as a matter of authority must account for the interaction of enacted law with fundamental principles of legality. This interaction conditions law's content so that officials have the moral resources to answer the legal subject's question, 'But, how can that be law for me?' David Dyzenhaus brings Thomas Hobbes and Hans Kelsen into a dialogue with H. L. A. Hart, showing that philosophy of law must work with the idea of legitimate authority and its basis in the social contract. He argues that the legality of international law and constitutional law are integral to the main tasks of philosophy of law, and that legal theory must attend both to the politics of legal space and to the way in which law provides us with a 'public conscience'.

Author : David Dyzenhaus
Publisher : Cambridge University Press
ISBN 13 : 1316518051
Total Pages : 491 pages
Book Rating : 4.52/5 ( download)

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Download or read book The Long Arc of Legality written by David Dyzenhaus and published by Cambridge University Press. This book was released on 2022-01-27 with total page 491 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores how the central question of philosophy of law is the legal subject's: how can that be law for me?

Author : E. Thomas Sullivan
Publisher : Oxford University Press
ISBN 13 : 0199990816
Total Pages : 240 pages
Book Rating : 4.18/5 ( download)

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Download or read book The Arc of Due Process in American Constitutional Law written by E. Thomas Sullivan and published by Oxford University Press. This book was released on 2013-03-27 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Topics such as military tribunals, same-sex marriage, informative privacy, reproductive rights, affirmative action, and states' rights fill the landscape of contemporary legal debate and media discussion, and they all fall under the umbrella of the Due Process Clauses of the United States Constitution. However, what is not always fully understood is the constitutional basis of these rights, or the exact list of due process rights as they have evolved over time through judicial interpretation. In The Arc of Due Process in American Constitutional Law, Sullivan and Massaro describe the intricate history of what are currently considered due process rights, and maintain that modern constitutional theory and practice must adhere to it. The authors focus on the origins and contemporary uses of due process principles in American constitutional law, while offering an overarching description of the factors or normative concepts that allow courts to invalidate a government action on the grounds of due process. They also analyze judicial interpretations and expressions as a key manner and perhaps the most powerful source of how due process has taken form in the United States. In the process of charting this arc, the authors describe the judicial analysis of rights within each category applying an illustrative list, and identify several fundamental norms that span these disparate threads of due process and the most salient principles that animate due process doctrine.

Author : Jens Meierhenrich
Publisher : Cambridge University Press
ISBN 13 : 1108620175
Total Pages : 715 pages
Book Rating : 4.78/5 ( download)

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Download or read book The Cambridge Companion to the Rule of Law written by Jens Meierhenrich and published by Cambridge University Press. This book was released on 2021-08-12 with total page 715 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Cambridge Companion to the Rule of Law introduces students, scholars, and practitioners to the theory and history of the rule of law, one of the most frequently invoked-and least understood-ideas of legal and political thought and policy practice. It offers a comprehensive re-assessment by leading scholars of one of the world's most cherished traditions. This high-profile collection provides the first global and interdisciplinary account of the histories, moralities, pathologies and trajectories of the rule of law. Unique in conception, and critical in its approach, it evaluates, breaks down, and subverts conventional wisdom about the rule of law for the twenty-first century.

Author : Stephen J Toope
Publisher : Cambridge University Press
ISBN 13 : 100929945X
Total Pages : 311 pages
Book Rating : 4.59/5 ( download)

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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.

Author : E. Thomas Sullivan
Publisher : Oxford University Press
ISBN 13 : 0199990808
Total Pages : 264 pages
Book Rating : 4.01/5 ( download)

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Download or read book The Arc of Due Process in American Constitutional Law written by E. Thomas Sullivan and published by Oxford University Press. This book was released on 2013-07-04 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Arc of Due Process in American Constitutional Law, Sullivan and Massaro identify the historical underpinnings of due process while describing the evolution of the American due process doctrine.

Author : DAVID. WALL SOBEL (STEVEN.)
Publisher : Oxford University Press
ISBN 13 : 0198909462
Total Pages : 223 pages
Book Rating : 4.60/5 ( download)

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Download or read book Oxford Studies in Political Philosophy Volume 10 written by DAVID. WALL SOBEL (STEVEN.) and published by Oxford University Press. This book was released on 2024-07-18 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the tenth volume of Oxford Studies in Political Philosophy. The series aims to publish some of the best contemporary work in the vibrant field of political philosophy and its closely related subfields, including jurisprudence, normative economics, political theory in political science departments, and just war theory.

Author : Richard D. Mohr
Publisher : Columbia University Press
ISBN 13 : 9780231135207
Total Pages : 172 pages
Book Rating : 4.03/5 ( download)

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Download or read book The Long Arc of Justice written by Richard D. Mohr and published by Columbia University Press. This book was released on 2005 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: Richard D. Mohr adopts a humanistic and philosophical approach to assessing public policy issues affecting homosexuals. His nuanced case for legal and social acceptance applies widely held ethical principles to various issues, including same-sex marriage, AIDS, and gays in the military. Mohr examines the nature of prejudices and other cultural forces that work against lesbian and gay causes and considers the role that sexuality plays in national rituals. In his support of same-sex marriage, Mohr defines matrimony as the development and maintenance of intimacy through which people meet their basic needs and carry out their everyday living, and he contends that this definition applies equally to homosexual and heterosexual couples. By drawing on culturally, legally, and ethically based arguments, Mohr moves away from tired political rhetoric and reveals the important ways in which the struggle for gay rights and acceptance relates to mainstream American society, history, and political life.

Author : Richard D. Mohr
Publisher : Columbia University Press
ISBN 13 : 0231135211
Total Pages : 157 pages
Book Rating : 4.14/5 ( download)

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Download or read book The Long Arc of Justice written by Richard D. Mohr and published by Columbia University Press. This book was released on 2007-04 with total page 157 pages. Available in PDF, EPUB and Kindle. Book excerpt: Richard D. Mohr adopts a humanistic and philosophical approach to assessing public policy issues affecting homosexuals. His nuanced case for legal and social acceptance applies widely held ethical principles to various issues, including same-sex marriage, AIDS, and gays in the military. Mohr examines the nature of prejudices and other cultural forces that work against lesbian and gay causes and considers the role that sexuality plays in national rituals. In his support of same-sex marriage, Mohr defines matrimony as the development and maintenance of intimacy through which people meet their basic needs and carry out their everyday living, and he contends that this definition applies equally to homosexual and heterosexual couples. By drawing on culturally, legally, and ethically based arguments, Mohr moves away from tired political rhetoric and reveals the important ways in which the struggle for gay rights and acceptance relates to mainstream American society, history, and political life.

Author : John Davis Long
Publisher :
ISBN 13 :
Total Pages : 458 pages
Book Rating : 4.01/5 ( download)

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Download or read book The American Business Encyclopædia and Legal Adviser written by John Davis Long and published by . This book was released on 1913 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt: