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Author: Lan Cao
Publisher: Oxford University Press
ISBN: 0199915237
Category : Law
Languages : en
Pages : 553
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Book Description
The growth of international law in the post-World War II era stemmed partly from the belief that universal norms would make life for the entire world's population safer, more equitable, and more conducive to each person's acquisition of basic material needs. Starting in the sixties and seventies, some scholars and activists challenged this assumption and established the school of "cultural relativism," a model that pays deference to local cultural traditions and favors them over international human rights norms. Scholars tried to create and practice a middle-ground approach between universalism and relativism, whereby the most egregious violations would be prevented through assimilating only jus cogens norms into indigenous groups' existing cultural traditions. Such efforts at combining a few select international norms with local cultural traditions largely failed. Culture in Law and Development presents a provocative new solution to the seemingly intractable problem of combining international norms with local cultural traditions by changing culture through law and development. In this book, Lan Cao demonstrates how the gradual expansion of customary international law (CIL) provides a model for changing culture in ways that protect and advance local populations. The book adopts a holistic view of development and argues that cultural norms that impede the human capabilities of the poor, women, and other marginal groups should be changed. The book reveals how a more conscious, coordinated effort on such change can succeed while non-violative local traditions are otherwise honored and preserved. Cao proposes that cultural change does not have to constitute cultural disrespect, and that local societies only benefit by a careful combination of externally wrought change and internally fostered tradition.
Author: Lan Cao
Publisher: Oxford University Press
ISBN: 0199915237
Category : Law
Languages : en
Pages : 553
Get Book Here
Book Description
The growth of international law in the post-World War II era stemmed partly from the belief that universal norms would make life for the entire world's population safer, more equitable, and more conducive to each person's acquisition of basic material needs. Starting in the sixties and seventies, some scholars and activists challenged this assumption and established the school of "cultural relativism," a model that pays deference to local cultural traditions and favors them over international human rights norms. Scholars tried to create and practice a middle-ground approach between universalism and relativism, whereby the most egregious violations would be prevented through assimilating only jus cogens norms into indigenous groups' existing cultural traditions. Such efforts at combining a few select international norms with local cultural traditions largely failed. Culture in Law and Development presents a provocative new solution to the seemingly intractable problem of combining international norms with local cultural traditions by changing culture through law and development. In this book, Lan Cao demonstrates how the gradual expansion of customary international law (CIL) provides a model for changing culture in ways that protect and advance local populations. The book adopts a holistic view of development and argues that cultural norms that impede the human capabilities of the poor, women, and other marginal groups should be changed. The book reveals how a more conscious, coordinated effort on such change can succeed while non-violative local traditions are otherwise honored and preserved. Cao proposes that cultural change does not have to constitute cultural disrespect, and that local societies only benefit by a careful combination of externally wrought change and internally fostered tradition.
Author: American Bar Association
Publisher:
ISBN:
Category : Law schools
Languages : en
Pages : 274
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Book Description
Author: Jerry L. Anderson
Publisher: Aspen Publishing
ISBN: 1543807119
Category : Law
Languages : en
Pages : 1278
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Book Description
Property Law: Practice, Problems, and Perspectives, Second Edition is a truly contemporary 1L Property text. This book is distinguished by its extraordinarily clear and engaging writing, and by the degree to which the authors make the material accessible and enjoyable to students in this foundational course. The authors embrace the task of training lawyers, and as a result, their text regularly asks students to answer questions and solve problems from the perspective of attorneys. The authors delve fully into legal doctrine and address profound policy issues in a direct and understandable manner, drawing upon an outstanding range of case opinions, including those from seminal cases as well those from recent and provocative disputes. The text uses a two-color design and includes a wonderful selection of photographs. Important documents useful to teaching particular cases and material are reproduced throughout. Property Law: Practice, Problems, and Perspectives is more than just a text. It incorporates a truly unique online simulation that features practice-ready materials and professionally-produced, author-scripted videos that illuminate property law issues and disputes. The text regularly references documents used in practice, which are available to students in the simulation. New to the Second Edition: Revised and updated case opinions and textual discussion. For example: The section addressing the Fair Housing Act now includes a discussion of disparate impact litigation after Texas Dept. of Housing and Community Affairs v. Inclusive Communities Project, Inc. The chapter devoted to takings law now includes summaries of Horne v. Dept. of Agriculture and Murr v. Wisconsin. New and sometimes startling images, such as a subdivision-marketing poster from San Diego in 1915 that offers a frightening example of pervasive discriminatory housing practices that existed prior to the Fair Housing Act. Enjoyable new problems drawn from reported case opinions. For example, the problem of “The Obstinate Ex,” involving a couple who live together in a home owned individually by one of them. When that person breaks off the relationship, the other refuses to move out, claiming an interest in the property. Professors and students will benefit from: A blend of property doctrine and real-world practice, featuring a stimulating, challenging presentation that is also transparent. The book retains the subtlety of the classic texts but comments explicitly on the overlapping elements to ensure that students can see all the connections among legal doctrines. A unique interactive element that teaches students how to read a land survey, helping them understand the issues presented by the text in case opinions and problems. The transactional perspective adopted by the authors in relevant chapters, such as real estate transactions and landlord/tenant law. A unique border along the edge of the text in the chapter on the real property transaction, allowing students to place key concepts and doctrinal material in the context of phases of the transaction. A robust electronic version of the casebook, along with online videos and practice-ready materials. A book that is the ideal text for a four-unit course, but includes ample coverage permitting a professor to construct a five- or six-unit course.
Author: Kyndra Miller Rotunda
Publisher: West Academic Publishing
ISBN: 9780314267436
Category : Armed Forces
Languages : en
Pages : 0
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Book Description
This comprehensive book is accessible to lawyers and students with military experience and those interested in representing military troops or veterans. It includes a chapter on establishing a military law clinic, including a sample forms, a sample syllabus, and general information about starting and maintaining a clinic. It also features substantive law sections on the military physical evaluation board proceedings, traumatic service group life insurance appeals, veterans' benefits appeals, appeals before discharge upgrade boards, the Feres doctrine, the Service Members Civil Relief Act, and others. It incorporates excerpts from relevant cases and a series of discussion questions and problems for each area of law.
Author: Robin Chapman Stacey
Publisher: University of Pennsylvania Press
ISBN: 0812295420
Category : History
Languages : en
Pages : 344
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Book Description
In Law and the Imagination in Medieval Wales, Robin Chapman Stacey explores the idea of law as a form of political fiction: a body of literature that blurs the lines generally drawn between the legal and literary genres. She argues that for jurists of thirteenth-century Wales, legal writing was an intensely imaginative genre, one acutely responsive to nationalist concerns and capable of reproducing them in sophisticated symbolic form. She identifies narrative devices and tropes running throughout successive revisions of legal texts that frame the body as an analogy for unity and for the court, that equate maleness with authority and just rule and femaleness with its opposite, and that employ descriptions of internal and external landscapes as metaphors for safety and peril, respectively. Historians disagree about the context in which the lawbooks of medieval Wales should be read and interpreted. Some accept the claim that they originated in a council called by the tenth-century king Hywel Dda, while others see them less as a repository of ancient custom than as the Welsh response to the general resurgence in law taking place in western Europe. Stacey builds on the latter approach to argue that whatever their origins, the lawbooks functioned in the thirteenth century as a critical venue for political commentary and debate on a wide range of subjects, including the threat posed to native independence and identity by the encroaching English; concerns about violence and disunity among the native Welsh; abusive behavior on the part of native officials; unwelcome changes in native practice concerning marriage, divorce, and inheritance; and fears about the increasing political and economic role of women.
Author: Merle H. Weiner
Publisher: Cambridge University Press
ISBN: 1107088089
Category : Family & Relationships
Languages : en
Pages : 659
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Book Description
This book proposes a new 'parent-partner' legal status emphasizing obligations of parents to each other and to their children.
Author: Alison A. Chapman
Publisher: University of Chicago Press
ISBN: 022672932X
Category : History
Languages : en
Pages : 231
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Book Description
John Milton is widely known as the poet of liberty and freedom. But his commitment to justice has been often overlooked. As Alison A. Chapman shows, Milton’s many prose works are saturated in legal ways of thinking, and he also actively shifts between citing Roman, common, and ecclesiastical law to best suit his purpose in any given text. This book provides literary scholars with a working knowledge of the multiple, jostling, real-world legal systems in conflict in seventeenth-century England and brings to light Milton’s use of the various legal systems and vocabularies of the time—natural versus positive law, for example—and the differences between them. Surveying Milton’s early pamphlets, divorce tracts, late political tracts, and major prose works in comparison with the writings and cases of some of Milton’s contemporaries—including George Herbert, John Donne, Ben Jonson, and John Bunyan—Chapman reveals the variety and nuance in Milton’s juridical toolkit and his subtle use of competing legal traditions in pursuit of justice.
Author: Henry S. Noyes
Publisher:
ISBN: 9781611632767
Category : Recall
Languages : en
Pages : 0
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Book Description
To access the 2014-15 supplement, click here. The Law Of Direct Democracy is the first casebook on direct democracy. This book uses state and federal judicial opinions, the text of ballot initiatives, statutes and constitutional provisions to compare and contrast the various state laws that govern the ballot initiative, the referendum and the recall. This book also contemplates the role of interest groups, voters, courts and elected officials and examines their ability to utilize, influence and limit the initiative process. It provides students and instructors both the information they need to learn the law of direct democracy and the tools to pursue further inquiry on discrete topics of interest. "Henry Noyes' comprehensive and detailed tome The Law of Direct Democracy is a thorough and meticulous study of all the practical issues pertaining to direct democracy. Limited to the US--where roughly half of the states have provisions for direct democracy--Noyes cites and analyses the major court cases and provides extracts to the major documents debating and challenging direct democracy, such as the Federalist Papers. The book gives a sober--and realistic--overview of the pros and cons of having a system that allows the voters to vote directly on laws. This book is not a polemic and nor does it take sides. It merely presents the facts and the 'law of direct democracy'. This is a valuable book and the sections on the 'recall' especially will provide interesting examples--and ammunition--for those who claim that the recall would lead to political chaos. This book may not become a run-away bestseller, but it is a valuable volume for those who have a scholarly interest in referendums." -- Matt Qvortrup, Political Studies Review "The current volume gathers together many of the 'hot topics' with respect to direct democracy in the United States. It is an eye-opening account (truncated for space reasons) of all the court cases that make up case law for direct democracy.... For those wanting to pursue a political voice that grows louder each year, this volume provides a useful filter to those issues. The summaries of the cases are easy to read and informative..." -- Mark Y. Herring, American Reference Books Annual 2015 and ARBAonline "The law relating to initiatives and referendums, though of great importance, is seldom taught in law schools and seldom studied by lawyers. With his excellent casebook on direct democracy, Professor Noyes has filled an important need." -- Dr. Joseph R. Grodin, Distinguished Emeritus Professor of Law, UC Hastings College of the Law; Former Associate Justice, California Supreme Court
Author: Michael J. Bazyler
Publisher: Oxford University Press
ISBN: 0195395697
Category : History
Languages : en
Pages : 393
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Book Description
A great deal of contemporary law has a direct connection to the Holocaust. That connection, however, is seldom acknowledged in legal texts and has never been the subject of a full-length scholarly work. This book examines the background of the Holocaust and genocide through the prism of the law; the criminal and civil prosecution of the Nazis and their collaborators for Holocaust-era crimes; and contemporary attempts to criminally prosecute perpetrators for the crime of genocide. It provides the history of the Holocaust as a legal event, and sets out how genocide has become known as the "crime of crimes" under both international law and in popular discourse. It goes on to discuss specific post-Holocaust legal topics, and examines the Holocaust as a catalyst for post-Holocaust international justice. Together, this collection of subjects establishes a new legal discipline, which the author Michael Bazyler labels "Post-Holocaust Law."
Author: Alison A. Chapman
Publisher: University of Chicago Press
ISBN: 022643527X
Category : Literary Criticism
Languages : en
Pages : 304
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Book Description
The seventeenth century saw some of the most important jurisprudential changes in England’s history, yet the period has been largely overlooked in the rich field of literature and law. Helping to fill this gap, The Legal Epic is the first book to situate the great poet and polemicist John Milton at the center of late seventeenth-century legal history. Alison A. Chapman argues that Milton’s Paradise Lost sits at the apex of the early modern period’s long fascination with law and judicial processes. Milton’s world saw law and religion as linked disciplines and thought therefore that in different ways, both law and religion should reflect the will of God. Throughout Paradise Lost, Milton invites his readers to judge actions using not only reason and conscience but also core principles of early modern jurisprudence. Law thus informs Milton’s attempt to “justify the ways of God to men” and points readers toward the types of legal justice that should prevail on earth. Adding to the growing interest in the cultural history of law, The Legal Epic shows that England’s preeminent epic poem is also a sustained reflection on the role law plays in human society.
