Law and Authority

Law and Authority PDF Author: Petr Alekseevich Kropotkin (kni︠a︡zʹ)
Publisher:
ISBN:
Category : Anarchism
Languages : en
Pages : 32

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Book Description

Law and Authority

Law and Authority PDF Author: Petr Alekseevich Kropotkin (kni︠a︡zʹ)
Publisher:
ISBN:
Category : Anarchism
Languages : en
Pages : 32

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Book Description


Authority

Authority PDF Author: Joseph Raz
Publisher: NYU Press
ISBN: 0814774156
Category : Political Science
Languages : en
Pages : 339

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Book Description
Authority is one of the key issues in political studies, for the question of by what right one person or several persons govern others is at the very root of political activity. In selecting key readings for this volume Joseph Raz concerns himself primarily with the moral aspect of political authority, choosing pieces that examine its justification, determine who is subject to it and who is entitled to hold it, and whether there are any general moral limits to it. The readings—by such modern political thinkeres as Robert Paul Wolff, H. L. A. Hart, G. E. M. Anscombe, and Ronald Dworkin—examine the basic moral issues and provide an essential introduction to the debate about the nature of authority for all students of political theory.

Fictions, Lies, and the Authority of Law

Fictions, Lies, and the Authority of Law PDF Author: Steven D. Smith
Publisher: University of Notre Dame Pess
ISBN: 0268201196
Category : Law
Languages : en
Pages : 349

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Book Description
Fictions, Lies, and the Authority of Law discusses legal, political, and cultural difficulties that arise from the crisis of authority in the modern world. Is there any connection linking some of the maladies of modern life—“cancel culture,” the climate of mendacity in public and academic life, fierce conflicts over the Constitution, disputes over presidential authority? Fictions, Lies, and the Authority of Law argues that these diverse problems are all a consequence of what Hannah Arendt described as the disappearance of authority in the modern world. In this perceptive study, Steven D. Smith offers a diagnosis explaining how authority today is based in pervasive fictions and how this situation can amount to, as Arendt put it, “the loss of the groundwork of the world.” Fictions, Lies, and the Authority of Law considers a variety of problems posed by the paradoxical ubiquity and absence of authority in the modern world. Some of these problems are jurisprudential or philosophical in character; others are more practical and lawyerly—problems of presidential powers and statutory and constitutional interpretation; still others might be called existential. Smith’s use of fictions as his purchase for thinking about authority has the potential to bring together the descriptive and the normative and to think about authority as a useful hypothesis that helps us to make sense of the empirical world. This strikingly original book shows that theoretical issues of authority have important practical implications for the kinds of everyday issues confronted by judges, lawyers, and other members of society. The book is aimed at scholars and students of law, political science, and philosophy, but many of the topics it addresses will be of interest to politically engaged citizens.

The Authority of International Law

The Authority of International Law PDF Author: Başak Cali
Publisher: Oxford University Press, USA
ISBN: 0199685096
Category : Law
Languages : en
Pages : 225

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Book Description
The question of the authority of international law over domestic authorities and the duties of state officials to international law are fundamental concerns in international legal theory and practice. The Authority of International Law: Obedience, Respect, and Rebuttal addresses these concerns by reframing the present accounts of authority in international law, construing its authority as imposing three different layers of duties on domestic officials: the duty to obey, the duty to respect, and the duty to rebut. The book provides an original interpretation of this authority - one that is not tied to prior state consent or domestic constitutional frameworks. It offers a nuanced account, arguing that whether or not international law is obeyed within any given situation depends on the type of duty it imposes on the state, and that duty's normative force. There is no strict framework in which international law always trumps domestic law or vice versa. Instead, Cali presents a realistic account of when international law has absolute authority, and when it can afford a margin of appreciation to states. The Authority of International Law contributes to existing debates by considering the gap between consent-based jurisprudential theories of authority and self-interest and identity-based theories of compliance, and by considering monism, dualism, and normative pluralism as theories for addressing authority competition between domestic legal orders and international law.

Between Authority and Interpretation

Between Authority and Interpretation PDF Author: Joseph Raz
Publisher: OUP Oxford
ISBN: 0191580341
Category : Philosophy
Languages : en
Pages : 432

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Book Description
In this book Joseph Raz develops his views on some of the central questions in practical philosophy: legal, political, and moral. The book provides an overview of Raz's work on jurisprudence and the nature of law in the context of broader questions in the philosophy of practical reason. The book opens with a discussion of methodological issues, focusing on understanding the nature of jurisprudence. It asks how the nature of law can be explained, and how the success of a legal theory can be established. The book then addresses central questions on the nature of law, its relation to morality, the nature and justification of authority, and the nature of legal reasoning. It explains how legitimate law, while being a branch of applied morality, is also a relatively autonomous system, which has the potential to bridge moral differences among its subjects. Raz offers responses to some critical reactions to his theory of authority, adumbrating, and modifying the theory to meet some of them. The final part of the book brings together for the first time Raz's work on the nature of interpretation in law and the humanities. It includes a new essay explaining interpretive pluralism and the possibility of interpretive innovation. Taken together, the essays in the volume offer a valuable introduction for students coming for the first time to Raz's work in the philosophy of law, and an original contribution to many of the current debates in practical philosophy.

Law and Authority in the Early Middle Ages

Law and Authority in the Early Middle Ages PDF Author: Thomas Faulkner
Publisher: Cambridge University Press
ISBN: 1107084911
Category : History
Languages : en
Pages : 315

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Book Description
An examination of the barbarian laws in Carolingian Europe, contributing to debates concerning written law, kingship and ethnic identities.

Sovereign Authority and the Elaboration of Law in the Bible and the Ancient Near East

Sovereign Authority and the Elaboration of Law in the Bible and the Ancient Near East PDF Author: Dylan R. Johnson
Publisher: Mohr Siebeck
ISBN: 3161595092
Category : Religion
Languages : en
Pages : 383

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Book Description
Five Pentateuchal texts (Lev 24:10-23; Num 9:6-14; Num 15:32-36; Num 27:1-11; Num 36:1-12) offer unique visions of the elaboration of law in Israel's formative past. In response to individual legal cases, Yahweh enacts impersonal and general statutes reminiscent of biblical and ancient Near Eastern law collections. From the perspective of comparative law, Dylan R. Johnson proposes a new understanding of these texts as biblical rescripts: a legislative technique that enabled sovereigns to enact general laws on the basis of particular legal cases. Typological parallels drawn from cuneiform and Roman law illustrate the complex ideology informing the content and the form of these five cases. The author explores how latent conceptions of law, justice, and legislative sovereignty shaped these texts, and how the Priestly vision of law interacted with and transformed earlier legal traditions.

Law and Authority in Early Massachusetts

Law and Authority in Early Massachusetts PDF Author: George Lee Haskins
Publisher: University Press of America
ISBN: 9780819143730
Category : History
Languages : en
Pages : 320

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Book Description
Originally published by the Macmillan Company in 1960, this book is intended as an introduction to the history of Massachusetts law in the colonial period, 1630ó1650. This volume first traces the evolution of the colony's institutions and instruments of government and, second, describes in broad outline certain aspects of the substantive law that developed in these first two decades.

When Formality Works

When Formality Works PDF Author: Arthur L. Stinchcombe
Publisher: University of Chicago Press
ISBN: 0226774961
Category : Law
Languages : en
Pages : 219

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Book Description
Introduction : why is formality so unpopular? -- A redefinition of the concept of formality -- Legal formality and graphical planning languages -- Certainty of the law : reasons, situation-types, analogy, and equilibrium -- The social structure of liquidity : flexibility in markets, states, and organizations / Bruce G. Carruthers, Arthur L. Stinchcombe -- Formalizing rightlessness in immigration law and administration -- Formalizing epistemological stratification of knowledge -- Conclusion : the varieties of formality.

Authority and the Individual

Authority and the Individual PDF Author: Bertrand Russell
Publisher: Routledge
ISBN: 1135229279
Category : Philosophy
Languages : en
Pages : 104

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Book Description
From Ancient Greek philosophy to the French Revolution to the modern welfare state, in Authority and the Individual Bertrand Russell tackles the perennial questions about the balance between authority and human freedom. With characteristic clarity and deep understanding, he explores the formation and purpose of society, education, moral evolution and social, economical and intellectual progress. First of the famous BBC Reith lectures, this wonderful collection delivers Russell at his intellectual best.