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Author: Francesco Ferraro
Publisher: Springer Nature
ISBN: 3030872629
Category : Law
Languages : en
Pages : 243
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Book Description
Legisprudence considers a variety of perspectives and relies on contributions from numerous different disciplines. Rather than providing examples of the various possible approaches to legisprudential studies, this book – bringing together lawyers and legal theorists from seven different countries – highlights two aspects of the many disciplines involved. Firstly, it discusses theoretical abstraction, which borders on, or enters into the realm of full-fledged philosophical speculation. Secondly, it examines empirical observation of specific cases, precisely situated regarding their spatial or historical collocation, or referring to a particular species of legislative policy. Focusing on legislation both as a process and as a result, the aim of the book is twofold: on the one hand, it demonstrates that, far from being a purely theoretical and exclusively academic intellectual enterprise, legisprudence can offer criteria for both assessing and improving the quality of real-world legislation. On the other hand, it shows how lawmaking is at least as interesting and legitimate a field of inquiry as adjudication and interpretation of laws for legal theorists and philosophers of law, and that they are already equipped with extremely valuable intellectual tools for fruitful legisprudential inquiry. The book is organized in two parts. The first part comprises legal-theoretical accounts on general aspects of legislation as a process and as a result. The second part presents contributions focusing on specific experiences of evaluations of legislative quality and contributions to the legislature’s work on the part of the public, as well as on particular legislative policies, methodologies in lawmaking, and problems regarding legislation as an instrument.
Author: Francesco Ferraro
Publisher: Springer Nature
ISBN: 3030872629
Category : Law
Languages : en
Pages : 243
Get Book Here
Book Description
Legisprudence considers a variety of perspectives and relies on contributions from numerous different disciplines. Rather than providing examples of the various possible approaches to legisprudential studies, this book – bringing together lawyers and legal theorists from seven different countries – highlights two aspects of the many disciplines involved. Firstly, it discusses theoretical abstraction, which borders on, or enters into the realm of full-fledged philosophical speculation. Secondly, it examines empirical observation of specific cases, precisely situated regarding their spatial or historical collocation, or referring to a particular species of legislative policy. Focusing on legislation both as a process and as a result, the aim of the book is twofold: on the one hand, it demonstrates that, far from being a purely theoretical and exclusively academic intellectual enterprise, legisprudence can offer criteria for both assessing and improving the quality of real-world legislation. On the other hand, it shows how lawmaking is at least as interesting and legitimate a field of inquiry as adjudication and interpretation of laws for legal theorists and philosophers of law, and that they are already equipped with extremely valuable intellectual tools for fruitful legisprudential inquiry. The book is organized in two parts. The first part comprises legal-theoretical accounts on general aspects of legislation as a process and as a result. The second part presents contributions focusing on specific experiences of evaluations of legislative quality and contributions to the legislature’s work on the part of the public, as well as on particular legislative policies, methodologies in lawmaking, and problems regarding legislation as an instrument.
Author: Paul du Plessis
Publisher: A&C Black
ISBN: 1472503058
Category : History
Languages : en
Pages : 126
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Book Description
Studying Roman Law is an introductory guide aimed at sixth-formers, students and those with a general interest wishing to obtain a basic overview of Roman private law during the first three centuries of the Common Era. It is not meant to be a replacement for more comprehensive and technical manuals on Roman law, but should rather be seen as introductory reading. Written in non-specialist language, it contains a basic overview of the sources of Roman private law and a guide to their use together with a survey of the main areas of the law using primary sources in translation. It also explains the different contexts in which these rules arose and operated as well as the mechanisms by which they were enforced against the backdrop of one of the most sophisticated and influential legal systems of the ancient world.
Author: Robert J. Miller
Publisher: OUP Oxford
ISBN: 0191627631
Category : Law
Languages : en
Pages : 1396
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Book Description
This book presents new material and shines fresh light on the under-explored historical and legal evidence about the use of the doctrine of discovery in Australia, Canada, New Zealand and the United States. North America, New Zealand and Australia were colonised by England under an international legal principle that is known today as the doctrine of discovery. When Europeans set out to explore and exploit new lands in the fifteenth through to the twentieth centuries, they justified their sovereign and property claims over these territories and the indigenous peoples with the discovery doctrine. This legal principle was justified by religious and ethnocentric ideas of European and Christian superiority over the other cultures, religions, and races of the world. The doctrine provided that newly-arrived Europeans automatically acquired property rights in the lands of indigenous peoples and gained political and commercial rights over the inhabitants. The English colonial governments and colonists in North America, New Zealand and Australia all utilised this doctrine, and still use it today to assert legal rights to indigenous lands and to assert control over indigenous peoples. Written by indigenous legal academics - an American Indian from the Eastern Shawnee Tribe, a New Zealand Maori (Ngati Rawkawa and Ngai Te Rangi), an Indigenous Australian, and a Cree (Neheyiwak) in the country now known as Canada, Discovering Indigenous Lands provides a unique insight into the insidious historical and contemporary application of the doctrine of discovery.
Author: Ravi Malhotra
Publisher: Routledge
ISBN: 1136015361
Category : Law
Languages : en
Pages : 245
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Book Description
Building on David M. Engel and Frank W. Munger’s work analyzing the narratives of people with physical and learning disabilities, this book examines the life stories of twelve physically disabled Canadian adults through the prism of the social model of disablement. Using a grounded theory approach and with extensive reporting of the thoughts of the participants in their own words, the book uses narratives to explore whether an advocacy identity helps or hinders dealings with systemic barriers for disabled people in education, employment, and transportation. The book underscores how both physical and attitudinal barriers by educators, employers and service providers complicate the lives of disabled people. The book places a particular focus on the importance of political economy and the changes to the labour market for understanding the marginalization and oppression of people with disabilities. By melding socio-legal approaches with insights from feminist, critical race, and queer legal theory, Ravi Malhotra and Morgan Rowe ask if we need to reconsider the social model of disablement, and proposes avenues for inclusive legal reform.
Author: James De Witt Andrews
Publisher: Chicago, Callaghan
ISBN:
Category : Law
Languages : en
Pages : 1326
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Book Description
Author: Elizabeth Fisher
Publisher:
ISBN: 0198845243
Category : Law
Languages : en
Pages : 481
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Book Description
In this collection, leading figures in UK and EU public law address seismic changes the field and reflect upon the implications of these changes, the fundamentals of public law, and the interrelationship between them across six themes: legislation, case law, theory, institutions, process, and constitutions.
Author: Great Britain
Publisher:
ISBN:
Category : Comparative law
Languages : en
Pages : 594
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Book Description
Author: CHRISTOPHER. HUNT
Publisher:
ISBN: 9780779886777
Category :
Languages : en
Pages :
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Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 538
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Author: afterwards CRACKANTHORPE COOKSON (Montague Hughes)
Publisher:
ISBN:
Category :
Languages : en
Pages : 44
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Book Description
