Legalism Against Democracy

Legalism Against Democracy PDF Author: Elisabeth C. Hilbink
Publisher:
ISBN:
Category :
Languages : en
Pages : 579

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Book Description

Legalism Against Democracy

Legalism Against Democracy PDF Author: Elisabeth C. Hilbink
Publisher:
ISBN:
Category :
Languages : en
Pages : 579

Get Book Here

Book Description


Legalism Against Democracy

Legalism Against Democracy PDF Author: Elisabeth C. Hilbink
Publisher:
ISBN:
Category : Authoritarianism
Languages : en
Pages : 1206

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Book Description


Legalism

Legalism PDF Author: Judith N. Shklar
Publisher: Harvard University Press
ISBN: 9780674523517
Category : Law
Languages : en
Pages : 268

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Book Description
Incisively and stylishly written, this book constitutes an open challenge to reconsider the fundamental question of the relationship of law to society.

Adversarial Legalism

Adversarial Legalism PDF Author: Robert A. KAGAN
Publisher: Harvard University Press
ISBN: 0674039270
Category : Law
Languages : en
Pages : 353

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Book Description
Robert Kagan examines the origins and consequences of the American system of "adversarial legalism". This study aims to deepen our understanding of law and its relationship to politics, and raises questions about the future of the American legal system.

The Perils of Global Legalism

The Perils of Global Legalism PDF Author: Eric A. Posner
Publisher: University of Chicago Press
ISBN: 0226675920
Category : Political Science
Languages : en
Pages : 286

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Book Description
The first months of the Obama administration have led to expectations, both in the United States and abroad, that in the coming years America will increasingly promote the international rule of law—a position that many believe is both ethically necessary and in the nation’s best interests. With The Perils of Global Legalism, Eric A. Posner explains that such views demonstrate a dangerously naive tendency toward legalism—an idealistic belief that law can be effective even in the absence of legitimate institutions of governance. After tracing the historical roots of the concept, Posner carefully lays out the many illusions—such as universalism, sovereign equality, and the possibility of disinterested judgment by politically unaccountable officials—on which the legalistic view is founded. Drawing on such examples as NATO’s invasion of Serbia, attempts to ban the use of land mines, and the free-trade provisions of the WTO, Posner demonstrates throughout that the weaknesses of international law confound legalist ambitions—and that whatever their professed commitments, all nations stand ready to dispense with international agreements when it suits their short- or long-term interests. Provocative and sure to be controversial, The Perils of Global Legalism will serve as a wake-up call for those who view global legalism as a panacea—and a reminder that international relations in a brutal world allow no room for illusions.

The Decline of Private Law

The Decline of Private Law PDF Author: Gonçalo de Almeida Ribeiro
Publisher: Bloomsbury Publishing
ISBN: 1509907912
Category : Law
Languages : en
Pages : 320

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Book Description
This book is a large-scale historical reconstruction of liberal legalism, from its inception in the mid-nineteenth century, the moment in which the jurists forged the alliance between political liberalism and legal expertise embodied in classical private law doctrine, to the contemporary anxiety about the possibility of both a liberal solution to the problem of political justification and of law as a respectable form of expert knowledge. Each stage in the history is a moment of synthesis between a substantive and a methodological idea. The former is the liberal political theory of the period, purporting to provide a solution to the problem of political justification. The latter is a conception of legal method or science, supposedly vindicating the access of the expert to the political choices embodied in the law. Thus, each moment in the history of liberal legalism integrates a political theory with a jurisprudential conception. Although it reaches the unsettling conclusion that liberal legalism has largely failed by its own standards, the book urges us to avoid quietism, scepticism or cynicism, in the hope that a deeper understanding of the fragility of our values and institutions inspires a more thoughtful, broadminded and nurtured citizenship.

China's Legalists

China's Legalists PDF Author: Zhengyuan Fu
Publisher: M.E. Sharpe
ISBN: 9781563247798
Category : History
Languages : en
Pages : 202

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Book Description
This study focuses on the Legalists, an ancient school of Chinese philosophy, which perfected the science of government and art of statecraft. It gives an insight into the style of the Legalists' discourse and its impact on Chinese institutions and practices.

The Confucian-legalist State

The Confucian-legalist State PDF Author: Dingxin Zhao
Publisher:
ISBN: 0199351732
Category : History
Languages : en
Pages : 473

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Book Description
The Confucian-Legalist State proposes a new theory of social change and, in doing so, analyzes the patterns of Chinese history, such as the rise and persistence of a unified empire, the continuous domination of Confucianism, and China's inability to develop industrial capitalism without Western imperialism.

Legalism

Legalism PDF Author: Judith N. Shklar
Publisher: Cambridge, Mass : Harvard University Press
ISBN:
Category : Law
Languages : en
Pages : 272

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Book Description


Adversarial Legalism

Adversarial Legalism PDF Author: Robert A. Kagan
Publisher: Harvard University Press
ISBN: 0674242688
Category : Law
Languages : en
Pages : 433

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Book Description
In the first edition of this groundbreaking book, Robert Kagan explained why America is much more adversarial—likely to rely on legal threats and lawsuits—than other economically advanced countries, with more prescriptive laws, more costly adjudications, and more severe penalties. This updated edition also addresses the rise of the conservative legal movement and anti-statism in the Republican party, which have put in sharp relief the virtues of adversarial legalism in its ability to empower citizens, lawyers, and judges to mount challenges to the arbitrary or unlawful exercise of government authority. “This is a wonderful piece of work, richly detailed and beautifully written. It is the best, sanest, and most comprehensive evaluation and critique of the American way of law that I have seen. Every serious scholar concerned with justice and efficiency, and every policymaker who is serious about improving the American legal order, should read this trenchant and exciting book.” —Lawrence Friedman, Stanford University “A tour de force. It is an elegantly written, consistently insightful analysis and critique of the American emphasis on litigation and punitive sanctions in the policy and administrative process.” —Charles R. Epp, Law and Society Review