The Morality of Conflict

The Morality of Conflict PDF Author: Samantha Besson
Publisher: Bloomsbury Publishing
ISBN: 1847310184
Category : Law
Languages : en
Pages : 622

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Book Description
This book explores the relationship between the law and pervasive and persistent reasonable disagreement about justice. It reveals the central moral function and creative force of reasonable disagreement in and about the law and shows why and how lawyers and legal philosophers should take reasonable conflict more seriously. Even though the law should be regarded as the primary mode of settlement of our moral conflicts,it can, and should, also be the object and the forum of further moral conflicts. There is more to the rule of law than convergence and determinacy and it is important therefore to question the importance of agreement in law and politics. By addressing in detail issues pertaining to the nature and sources of disagreement, its extent and significance, as well as the procedural, institutional and substantive responses to disagreement in the law and their legitimacy, this book suggests the value of a comprehensive approach to thinking about conflict, which until recently has been analysed in a compartmentalized way. It aims to provide a fully-fledged political morality of conflict by drawing on the analysis of topical jurisprudential questions in the new light of disagreement. Developing such a global theory of disagreement in the law should be read in the context of the broader effort of reconstructing a complete account of democratic law-making in pluralistic societies. The book will be of value not only to legal philosophers and constitutional theorists, but also to political and democratic theorists, as well as to all those interested in public decision-making in conditions of conflict.

The Morality of Conflict

The Morality of Conflict PDF Author: Samantha Besson
Publisher: Bloomsbury Publishing
ISBN: 1847310184
Category : Law
Languages : en
Pages : 622

Get Book Here

Book Description
This book explores the relationship between the law and pervasive and persistent reasonable disagreement about justice. It reveals the central moral function and creative force of reasonable disagreement in and about the law and shows why and how lawyers and legal philosophers should take reasonable conflict more seriously. Even though the law should be regarded as the primary mode of settlement of our moral conflicts,it can, and should, also be the object and the forum of further moral conflicts. There is more to the rule of law than convergence and determinacy and it is important therefore to question the importance of agreement in law and politics. By addressing in detail issues pertaining to the nature and sources of disagreement, its extent and significance, as well as the procedural, institutional and substantive responses to disagreement in the law and their legitimacy, this book suggests the value of a comprehensive approach to thinking about conflict, which until recently has been analysed in a compartmentalized way. It aims to provide a fully-fledged political morality of conflict by drawing on the analysis of topical jurisprudential questions in the new light of disagreement. Developing such a global theory of disagreement in the law should be read in the context of the broader effort of reconstructing a complete account of democratic law-making in pluralistic societies. The book will be of value not only to legal philosophers and constitutional theorists, but also to political and democratic theorists, as well as to all those interested in public decision-making in conditions of conflict.

Compromise

Compromise PDF Author: Jack Knight
Publisher: NYU Press
ISBN: 147981802X
Category : Political Science
Languages : en
Pages : 320

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Book Description
A distinguished group of scholars explores compromise in contemporary affairs Do lawmakers have a greater ethical responsibility to compromise than ordinary citizens? How does one rectify what is at stake when lawmakers concede to compromise for the sake of reaching resolution? Is compromise necessarily equalizing and is it a reasonable mode of problem solving and dispute resolution? In this latest installment from the NOMOS series, distinguished scholars across the fields of political science, law, and philosophy tackle the complex set of questions that relate to the practice of compromise and its implications for social and political life in modern societies. The volume, edited by Jack Knight, brings together a range of perspectives – in both disciplinary and substantive terms – on representation, political morality, disagreement, negotiation, and various forms of compromise. The ten essays reflect a variety of considerations across interdisciplinary lines, and provide a new and thought-provoking discussion of the policy, practice, and philosophy of compromise, covering a number of specific topics including alternative dispute resolution (ADR) and conscientious objection. Examining these issues and more, Compromise offers new and thought provoking insights into the pressing issue of the importance of compromise in social and political affairs.

United States Attorneys' Manual

United States Attorneys' Manual PDF Author: United States. Department of Justice
Publisher:
ISBN:
Category : Justice, Administration of
Languages : en
Pages : 720

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Book Description


Law and Legal Theory

Law and Legal Theory PDF Author: Thom Brooks
Publisher: BRILL
ISBN: 9004262938
Category : Philosophy
Languages : en
Pages : 348

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Book Description
What is the relation between law and democracy and how might it be improved? What values should inform the body of laws that govern us all? How should we determine crimes from non-crimes? What justifies state punishment, if anything? Law and Legal Theory brings together some of the most important essays in the area of the philosophy of law written by leading, international scholars and offering significant contributions to how we understand law and legal theory to help shape future debates. Contributors include Christopher Bennett, Samantha Besson, Thom Brooks, Brian Butler, Sean Coyle, Rowan Cruft, Leonard Kahn, Richard Lippke, Andrew March, Matt Matravers, Adina Preda, Maria Cristina Redondo, Hanoch Sheinman and Leo Zaibert.

Model Rules of Professional Conduct

Model Rules of Professional Conduct PDF Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216

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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Department of Justice Manual

Department of Justice Manual PDF Author: Wolters Kluwer
Publisher: Wolters Kluwer
ISBN: 145482445X
Category : Law
Languages : en
Pages : 20091

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Book Description
The new Department of Justice Manual, Third Edition takes you inside all the policies and directives outlined in the latest U.S. Attorneys' Manual used universally by the DOJ in civil and criminal prosecutions. Along with comprehensive coverage of all the information relied on by today's DOJ attorneys, this guide offers you other valuable DOJ publications in the form of Annotations. You'll find the Asset Forfeiture Manual, the Freedom of Information Act Case List, and Merger Guidelines. And it's all incorporated in a comprehensive six-volume reference. You'll discover how to: Request immunity for clients using actual terminology from factors that DOJ attorneys must consider Phrase a FOIA request so as to avoid coming within an exempted category of information Draft discovery requests using terminology to avoid triggering an automatic denial by the DOJ Counsel clients on DOJ investigative tactics and their significance using actual DOJ memoranda; Develop trial strategies that exploit common problems with certain methods of proof and kinds of evidence offered by the government Propose settlements or plea-bargain agreements within the authority of the DOJ attorney handling the case. This new Third Edition of Department of Justice Manual has been expanded to eight volumes and the materials have been completely revised to accommodate newly added materials including: the text of the Code of Federal Regulations: Title 28and–Judicial Administration, as relevant to the enforcement of the Federal Sentencing Guidelines by the Department of Justice; The Manual for Complex Litigation; and The United States Sentencing Commission Guidelines Manual. The new edition also includes The National Drug Threat Assessment for Fiscal Year 2011 and the updated version of the Prosecuting Computer Crimes Manual. In an effort to provide you with the best resource possible, as part of the Third Edition, the Commentaries in each volume have been renumbered to refer to the relevant section in the United States Attorneyand’s Manual for more efficient cross referencing between the Manual and the Commentaries.

Code of Federal Regulations

Code of Federal Regulations PDF Author:
Publisher:
ISBN:
Category : Administrative law
Languages : en
Pages : 808

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Book Description


United States of America V. Bender

United States of America V. Bender PDF Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 462

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Book Description


The Code of Federal Regulations of the United States of America

The Code of Federal Regulations of the United States of America PDF Author:
Publisher:
ISBN:
Category : Administrative law
Languages : en
Pages : 700

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Book Description
The Code of Federal Regulations is the codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the Federal Government.

United States Compiled Statutes, Annotated, 1916

United States Compiled Statutes, Annotated, 1916 PDF Author: United States
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1352

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Book Description