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Author: James Reist Stoner
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 230
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Book Description
In an ere as morally confused as ours, Stoner argues, we at least ought to know what we've abandoned or suppressed in the name of judicial activism and the modern rights-oriented Constitution. Having lost our way, perhaps the common law, in its original sense, provides a way back, a viable alternative to the debilitating relativism of our current age.
Author: James Reist Stoner
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 230
Get Book Here
Book Description
In an ere as morally confused as ours, Stoner argues, we at least ought to know what we've abandoned or suppressed in the name of judicial activism and the modern rights-oriented Constitution. Having lost our way, perhaps the common law, in its original sense, provides a way back, a viable alternative to the debilitating relativism of our current age.
Author: Harry Potter
Publisher: Boydell & Brewer Ltd
ISBN: 178327011X
Category : History
Languages : en
Pages : 364
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Book Description
A new approach to the telling of legal history, devoid of jargon and replete with good stories, which will be of interest to anyone wishing to know more about the common law - the spinal cord of the English body politic.
Author: David Dyzenhaus
Publisher: Cambridge University Press
ISBN: 1316300374
Category : Law
Languages : en
Pages : 349
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Book Description
Oakeshott, Hayek and Schmitt are associated with a conservative reaction to the 'progressive' forces of the twentieth century. Each was an acute analyst of the juristic form of the modern state and the relationship of that form to the idea of liberty under a system of public, general law. Hayek had the highest regard for Schmitt's understanding of the rule of law state despite Schmitt's hostility to it, and he owed the distinction he drew in his own work between a purpose-governed form of state and a law-governed form to Oakeshott. However, the three have until now rarely been considered together, something which will be ever more apparent as political theorists, lawyers and theorists of international relations turn to the foundational texts of twentieth-century thought at a time when debate about liberal democratic theory might appear to have run out of steam.
Author: Anita Bernstein
Publisher: Cambridge University Press
ISBN: 1316832422
Category : Law
Languages : en
Pages : 275
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Book Description
In The Common Law Inside the Female Body, Anita Bernstein explains why lawyers seeking gender progress from primary legal materials should start with the common law. Despite its reputation for supporting conservatism and inequality, today's common law shares important commitments with feminism, namely in precepts and doctrines that strengthen the freedom of individuals and from there the struggle against the subjugation of women. By re-invigorating both the common law - with a focus on crimes, contracts, torts, and property - and feminist jurisprudence, this highly original work anticipates a vital future for a pair of venerable jurisprudential traditions. It should be read by anyone interested in understanding how the common law delivers an extraordinary degree of liberty and security to all persons - women included.
Author: Georghios M. Pikis
Publisher: BRILL
ISBN: 9004313737
Category : Law
Languages : en
Pages : 131
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Book Description
This book deals with the genesis, formation and development of two fundamental aspects of English Law, common law and equity. The common law laid down the rules governing cohabitation in communities and human rights. Equity was the offspring of natural law designed to prevent and remedy injustice resulting from unconscionable conduct. English law including both common law and equity was introduced in former British Colonies and dominions. In most of them it was retained after independence. This is the principal legacy of English colonization of countries. The introduction, application and retention of English law is reflected in Cyprus, a former British colony.
Author: Francesca Klug
Publisher: Psychology Press
ISBN: 9780415096416
Category : Law
Languages : en
Pages : 406
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Book Description
First published in 2004. Routledge is an imprint of Taylor & Francis, an informa company.
Author: Michael Tugendhat
Publisher: Oxford University Press
ISBN: 0198790996
Category : Law
Languages : en
Pages : 273
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Book Description
Providing a short history of human rights from the eighteenth century to present day, this book traces English Common Law through the French and American declarations of rights, identifying rights which evolved from the English law and politics of the fifteenth century, and which are recognised in the human rights law we see today.
Author: James Reist Stoner
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 304
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Book Description
In this book, James Stoner's purpose is to recover the common law basis of American constitutionalism. American constitutionalism in general, he argues, and judicial review in particular, cannot be fully understood without acknowledging their roots in both common law and liberal political theory. But for the most part, the common law underpinnings of constitutionalism have received short shrift.
Author: Bruno Leoni
Publisher: Routledge
ISBN: 1351509497
Category : Business & Economics
Languages : en
Pages : 332
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Book Description
"Law, Liberty, and the Competitive Market" brings the clash between law and legislation to the attention of economists and political scientists. It fills a void and offers a series of texts that have not previously been translated into English. This anthology connects various articles by Leoni on economics and law with the objective of emphasizing how much Leoni's own theory in the juridical environment was influenced by reflection on authors of the Austrian school - from Carl Menger to Ludwig von Mises, from Friedrich von Hayek to Murray N. Rothbard.The essays dealing with economics help us understand how many of Leoni's positions were libertarian. A careful reader of Mises, Leoni often ends up by assuming positions that are even more anti-state than those of the Austrian economist (concerning monopolies, for example). It is significant that in the 1960s his thought was influenced by Rothbard. The very critiques that he addresses to normativism and to analytical philosophy contain strong ideological elements, as they move from the awareness that legal positivism leads to statism and philosophical relativism to acquiescence in the face of power.Studying the market economy, Leoni perceives opposition between spontaneous order and planning. In this way, he understands how such a contrast is significant for the origins of norms. Leoni's idea of a law able to protect individual liberty has its roots in the market. Thus, the market is at the same time the model he uses to conceive the legal order and an institution fundamental for the service of civilization, which the law is called to protect. This is an important work by a figure only now being recognized as a pioneer in the field of economics and an innovator in political theory.
Author: David Kelly
Publisher: Cavendish Publishing
ISBN: 1843143453
Category : Law
Languages : en
Pages : 618
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Book Description
Designed for students who may not have ready access to a law library, and for students on part-time and distance learning courses, the Sourcebook series offers a collection of material from a diversity of sources. The sources are annotated to set the materials in context and to explain their relevance and importance. This volume contains a representative selection of cases and statutes which cover such topics as the nature of law, sources of law, and the structure and jurisdiction of the civil and criminal courts. The legal profession and the interpretation of statutes are also discussed.
