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Author: Scott Hershovitz
Publisher:
ISBN:
Category :
Languages : en
Pages : 352
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Book Description
Author: Scott Hershovitz
Publisher: OUP Oxford
ISBN: 0191021652
Category : Law
Languages : en
Pages : 352
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Book Description
Exploring Law's Empire is a collection of essays examining the work of Ronald Dworkin in the philosophy of law and constitutionalism. A group of leading legal theorists develop, defend and critique the major areas of Dworkin's work, including his criticism of legal positivism, his theory of law as integrity, and his work on constitutional theory. The volume concludes with a lengthy response to the essays by Dworkin himself, which develops and clarifies many of his positions on the central questions of legal and constitutional theory. The volume represents an ideal companion for students and scholars embarking on a study of Dworkin's work.
Author: Scott Hershovitz
Publisher:
ISBN:
Category :
Languages : en
Pages : 352
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Book Description
Author: Ronald Dworkin
Publisher:
ISBN: 9788175342569
Category : Law
Languages : en
Pages : 0
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Book Description
In 'Law's Empire', Ronald Dworkin relects on the nature of the law, its authority, its application in democracy, the prominent role of interpretation in judgement and the relations of lawmakers and lawgivers in the community.
Author: W. Wesley Pue
Publisher: UBC Press
ISBN: 0774833122
Category : Law
Languages : en
Pages : 517
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Book Description
Approaching the legal profession through the lens of cultural history, Wes Pue explores the social roles lawyers imagined for themselves in England and its expanding empire from the late eighteenth to the mid-twentieth century. Each chapter focuses on a critical moment when lawyers – whether leaders or rebels – sought to reshape their profession. In the process, they often fancied they were also shaping the culture and politics of both nation and empire as they struggled to develop or adapt professional structures, represent clients, or engage in advocacy. As an exploration of the relationship between legal professionals and liberalism at home or in the Empire, this work draws attention to recurrent disagreements as to how lawyers have best assured their own economic well-being while simultaneously advancing the causes of liberty, cultural authority, stability, and continuity.
Author: Juan Pablo Scarfi
Publisher: Oxford University Press
ISBN: 0190622342
Category : Law
Languages : en
Pages : 281
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Book Description
This book offers the first exploration of the deployment of international law for the legitimization of U.S. ascendancy as an informal empire in Latin America. This book explores the intellectual history of a distinctive idea of American international law in the Americas, focusing principally on the evolution of the American Institute of International Law (AIIL).
Author: Andrew W. Devereux
Publisher: Cornell University Press
ISBN: 1501740148
Category : History
Languages : en
Pages : 276
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Book Description
Via rigorous study of the legal arguments Spain developed to justify its acts of war and conquest, The Other Side of Empire illuminates Spain's expansionary ventures in the Mediterranean in the late fifteenth and early sixteenth centuries. Andrew Devereux proposes and explores an important yet hitherto unstudied connection between the different rationales that Spanish jurists and theologians developed in the Mediterranean and in the Americas. Devereux describes the ways in which Spaniards conceived of these two theatres of imperial ambition as complementary parts of a whole. At precisely the moment that Spain was establishing its first colonies in the Caribbean, the Crown directed a series of Old World conquests that encompassed the Kingdom of Naples, Navarre, and a string of presidios along the coast of North Africa. Projected conquests in the eastern Mediterranean never took place, but the Crown seriously contemplated assaults on Egypt, Greece, Turkey, and Palestine. The Other Side of Empire elucidates the relationship between the legal doctrines on which Spain based its expansionary claims in the Old World and the New. The Other Side of Empire vastly expands our understanding of the ways in which Spaniards, at the dawn of the early modern era, thought about religious and ethnic difference, and how this informed political thought on just war and empire. While focusing on imperial projects in the Mediterranean, it simultaneously presents a novel contextual background for understanding the origins of European colonialism in the Americas.
Author: Amy Bartholomew
Publisher: Pluto Press
ISBN: 9780745323695
Category : Political Science
Languages : en
Pages : 0
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Book Description
What is the legacy of the war in Iraq? Can democracy and human rights really be imposed "by fire and sword"? This book brings together some of the world's most outstanding theorists in the debate over empire and international law. They provide a uniquely lucid account of the relationship between American imperialism, the use and abuse of "humanitarian intervention", and its legal implications. Empire's Law is ideal for students who want a comprehensive critical introduction to the impact that the doctrine of pre-emptive war has had on our capacity to protect human rights and promote global justice. Leading contributors including Leo Panitch, Sam Gindin, Jurgen Habermas, Ulrich Preuss, Andrew Arato, Samir Amin, Reg Whitaker, Denis Halliday and Hans von Sponeck tackle a broad range of issues. Covering everything from the role of Europe and the UN, to people's tribunals, to broader theoretical accounts of the contradictions of war and human rights, the contributors offer new and innovative ways of examining the problems that we face. It is essential reading for all students who want a systematic framework for understanding the long-term consequences of imperialism.
Author: Enrique Villanueva
Publisher: Rodopi
ISBN: 9042023759
Category : Law
Languages : en
Pages : 307
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Book Description
Interpretivist theories of law / Nicos Stavropoulos -- How facts make law / Mark Greenberg -- On the normative significance of brute facts / Ram Neta -- On practices and the law / Mark Greenberg -- Supervenience, value, and legal content / Enrique Villanueva -- Reasons without values? / Mark Greenberg -- Theory, practice and ubiquitous interpretation : the basics / Martin Stone -- Law as a reflective practice / Scott Hershovitz -- On reflective practices and 'substituting for God' / Martin Stone -- Metasemantics and objectivity / Ori Simchen -- Can objectivity be grounded in semantics? / Michael S. Moore -- A hybrid theory of claim-rights / Gopal Sreenivasan -- Is the will theory of rights superseded by the hybrid theory? / Horacio Spector -- In defense of the hybrid theory / Gopal Sreenivasan.
Author: Jason W Neyers
Publisher: Bloomsbury Publishing
ISBN: 1847317200
Category : Law
Languages : en
Pages : 451
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Book Description
In this book, leading scholars from Australia, Canada, Hong Kong, New Zealand, Singapore, the United Kingdom and the United States deal with important theoretical and practical issues in the law of contract and closely-related areas of private law. The articles analyse developments in the law of estoppel, mistake, undue influence, the interpretation of contracts, assignment, exclusion clauses and damages. The articles also address more theoretical issues such as discerning the limits of contract law, the role of principle in the development of contract doctrine and the morality of promising. With its rich scope of contributors and topics, Exploring Contract Law will be highly useful to lawyers, judges and academics across the common law world. Contributors: Rick Bigwood, Richard Bronaugh, Mindy Chen-Wishart, Helge Dedek, Gerald H L Fridman, Mark P Gergen, Andrew S Gold, Kelvin F K Low, Jason W Neyers, Stephen G A Pitel, Andrew Roberston, Stephen A Smith, Robert Stevens, Andrew Tettenborn, Chee Ho Tham, Catherine Valcke, Stephen Waddams, Charlie Webb. Foreword by Justice Ian Binnie of the Supreme Court of Canada
Author: Kenneth M. Ehrenberg
Publisher: Oxford University Press
ISBN: 0191668478
Category : Law
Languages : en
Pages : 339
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Book Description
What is the nature of law and what is the best way to discover it? This book argues that law is best understood in terms of the social functions it performs wherever it is found in human society. In order to support this claim, law is explained as a kind of institution and as a kind of artefact. To say that it is an institution is to say that it is designed for creating and conferring special statuses to people so as to alter their rights and responsibilities toward each other. To say that it is an artefact is to say that it is a tool of human creation that is designed to signal its usability to people who interact with it. This picture of law's nature is marshalled to critique theories of law that see it mainly as a product of reason or morality, understanding those theories via their conceptions of law's function. It is also used to argue against those legal positivists who see law's functions as relatively minor aspects of its nature. This method of conceptualizing law's nature helps us to explain how the law, understood as social facts, can make normative demands upon us. It also recommends a methodology for understanding law that combines elements of conceptual analysis with empirical research for uncovering the purposes to which diverse peoples put their legal activities.
