Lectures on Jurisprudence PDF Download
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Author: John Austin
Publisher:
ISBN:
Category : Jurisprudence
Languages : en
Pages : 678
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Author: John Austin
Publisher:
ISBN:
Category : Jurisprudence
Languages : en
Pages : 678
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Author: Martti Koskenniemi
Publisher: Bloomsbury Publishing
ISBN: 1847316557
Category : Law
Languages : en
Pages : 388
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Book Description
Today international law is everywhere. Wars are fought and opposed in its name. It is invoked to claim rights and to challenge them, to indict or support political leaders, to distribute resources and to expand or limit the powers of domestic and international institutions. International law is part of the way political (and economic) power is used, critiqued, and sometimes limited. Despite its claim for neutrality and impartiality, it is implicit in what is just, as well as what is unjust in the world. To understand its operation requires shedding its ideological spell and examining it with a cold eye. Who are its winners, and who are its losers? How - if at all - can it be used to make a better or a less unjust world? In this collection of essays Professor Martti Koskenniemi, a well-known practitioner and a leading theorist and historian of international law, examines the recent debates on humanitarian intervention, collective security, protection of human rights and the 'fight against impunity' and reflects on the use of the professional techniques of international law to intervene politically. The essays both illustrate and expand his influential theory of the role of international law in international politics. The book is prefaced with an introduction by Professor Emmanuelle Jouannet (Sorbonne Law School), which locates the texts in the overall thought and work of Martti Koskenniemi.
Author: Albert Venn Dicey
Publisher:
ISBN:
Category : Great Britain
Languages : en
Pages : 536
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Author: Samuel Fox Mordecai
Publisher:
ISBN:
Category : Common law
Languages : en
Pages : 786
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Author: Seana Valentine Shiffrin
Publisher: Oxford University Press
ISBN: 0190084502
Category : Philosophy
Languages : en
Pages : 249
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Book Description
In this book, based on her 2017 Berkeley Tanner Lectures, Seana Valentine Shiffrin offers an original, deontological account of democracy, law, and their interrelation. Her central thesis is that democracy and democratic law have intrinsically valuable, interconnected communicative functions. Democracy and democratic law together allow us to fulfill our fundamental duties to convey to each another messages of equal respect by fashioning the sorts of public joint commitments to act that a sincere message of equal respect requires. Law and democracy are essential to each other: the aspirations of democracy cannot be realized except through a legal system, and, conversely, law can fulfill its primary function only in a democratic context. After defending these theses, Shiffrin explores two doctrinal examples to illustrate how a communicative conception of democratic law would yield concrete implications. First, articulating the special democratic character of judicially articulated common law, she resists instrumental, outcome-oriented conceptions of law and defends the essential importance of the common law duty of good faith in contracts. Second, appealing to the need for law to articulate a coherent set of moral commitments, she criticizes the U.S. Supreme Court's approach to constitutional balancing. In a set of commentaries, Niko Kolodny, Richard Brooks, and Anna Stilz offer illuminating and sometimes provocative discussion of both the philosophical and the legal aspects of Shiffrin's discussion. Shiffrin's responses expand upon themes concerning legal compliance, commitments, communication, dissent, political participation, and the permissible range of state interests.
Author: James Kent
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 36
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Author: Gottfried Achenwall
Publisher: Bloomsbury Publishing
ISBN: 1350022853
Category : Philosophy
Languages : en
Pages : 372
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Book Description
As the first translation into any modern language of Achenwall's Ius naturae, from the 1763 edition used by Immanuel Kant, this open access book is an essential work for students and Kant scholars. For over twenty years, Kant used this book as the basis for his lectures on natural law. It has influenced his legal and political philosophy, as well as his ethics, and is indispensable for understanding Kant's Feyerabend Lectures on Natural Law and his Metaphysics of Morals. Achenwall's Ius naturae focuses on the fundamental principles of legal and political philosophy. It first discusses the natural rights and obligations pertaining to the relations of humans independently of their membership in particular communities, and then discusses those pertaining to the family, the state, and international relations. Articulating his theory with clear definitions, precise distinctions, and instructive comparisons with the work of Grotius, Hobbes, Pufendorf, Wolff, and others, Achenwall offers a lucid account that fits squarely in the natural law tradition. His handbook is of interest to scholars of natural law, social contract theory, and the history of political theory more generally. This is a complete English translation of both volumes of the 1763 edition. The volume also includes an Introduction by eminent Kant scholar Paul Guyer, comparing Achenwall's theory to the legal and political philosophy of Kant's Doctrine of Right. Moreover, the volume features a concordance correlating the Ius naturae to Kant's Feyerabend Lectures on Natural Law. The eBook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Dutch Research Council.
Author: Philip Harwood
Publisher: BoD – Books on Demand
ISBN: 3385123283
Category : Fiction
Languages : en
Pages : 134
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Book Description
Reprint of the original, first published in 1843.
Author: Law Academy of Philadelphia
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 328
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Author: H. L. A. Hart
Publisher: Stanford University Press
ISBN: 9780804701549
Category : Political Science
Languages : en
Pages : 100
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Book Description
This incisive book deals with the use of the criminal law to enforce morality, in particular sexual morality, a subject of particular interest and importance since the publication of the Wolfenden Report in 1957. Professor Hart first considers John Stuart Mill's famous declaration: "The only purpose for which power can be rightfully exercised over any member of a civilized community is to prevent harm to others." During the last hundred years this doctrine has twice been sharply challenged by two great lawyers: Sir James Fitzjames Stephen, the great Victorian judge and historian of the common law, and Lord Devlin, who both argue that the use of the criminal law to enforce morality is justified. The author examines their arguments in some detail, and sets out to demonstrate that they fail to recognize distinction of vital importance for legal and political theory, and that they espouse a conception of the function of legal punishment that few would now share.
