Living Law

Living Law PDF Author: Marc Hertogh
Publisher: Bloomsbury Publishing
ISBN: 1847314775
Category : Law
Languages : en
Pages : 292

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Book Description
This collection of essays is the first edited volume in the English language which is entirely dedicated to the work of Eugen Ehrlich. Eugen Ehrlich (1862-1922) was an eminent Austrian legal theorist and professor of Roman law. He is considered by many as one of the 'founding fathers' of modern sociology of law. Although the importance of his work (including his concept of 'living law') is widely recognised, Ehrlich has not yet received the serious international attention he deserves. Therefore, this collection of essays is aimed at 'reconsidering' Eugen Ehrlich by bringing together an interdisciplinary group of leading international experts to discuss both the historical and theoretical context of his work and its relevance for contemporary law and society scholarship. This book has been divided into four parts. Part I of this volume paints a lively picture of the Bukowina, in southeastern Europe, where Ehrlich was born in 1862. Moreover it considers the political and academic atmosphere at the end of the nineteenth century. Part II discusses the main concepts and ideas of Ehrlich's sociology of law and considers the reception of Ehrlich's work in the German speaking world, in the United States and in Japan. Part III of this volume is concerned with the work of Ehrlich in relation to that of some his contemporaries, including Roscoe Pound, Hans Kelsen and Cornelis van Vollenhoven. Part IV focuses on the relevance of Ehrlich's work for current socio-legal studies. This volume provides both an introduction to the important and innovative scholarship of Eugen Ehrlich as well as a starting point for further reading and discussion.

Living Law

Living Law PDF Author: Marc Hertogh
Publisher: Bloomsbury Publishing
ISBN: 1847314775
Category : Law
Languages : en
Pages : 292

Get Book Here

Book Description
This collection of essays is the first edited volume in the English language which is entirely dedicated to the work of Eugen Ehrlich. Eugen Ehrlich (1862-1922) was an eminent Austrian legal theorist and professor of Roman law. He is considered by many as one of the 'founding fathers' of modern sociology of law. Although the importance of his work (including his concept of 'living law') is widely recognised, Ehrlich has not yet received the serious international attention he deserves. Therefore, this collection of essays is aimed at 'reconsidering' Eugen Ehrlich by bringing together an interdisciplinary group of leading international experts to discuss both the historical and theoretical context of his work and its relevance for contemporary law and society scholarship. This book has been divided into four parts. Part I of this volume paints a lively picture of the Bukowina, in southeastern Europe, where Ehrlich was born in 1862. Moreover it considers the political and academic atmosphere at the end of the nineteenth century. Part II discusses the main concepts and ideas of Ehrlich's sociology of law and considers the reception of Ehrlich's work in the German speaking world, in the United States and in Japan. Part III of this volume is concerned with the work of Ehrlich in relation to that of some his contemporaries, including Roscoe Pound, Hans Kelsen and Cornelis van Vollenhoven. Part IV focuses on the relevance of Ehrlich's work for current socio-legal studies. This volume provides both an introduction to the important and innovative scholarship of Eugen Ehrlich as well as a starting point for further reading and discussion.

Living Law

Living Law PDF Author: Miguel Vatter
Publisher: Oxford University Press, USA
ISBN: 0197546501
Category : Law
Languages : en
Pages : 361

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Book Description
"In his 1935 treatise on divine sovereignty, the Jewish philosopher Martin Buber introduced the idea of an 'anarchic soul of theocracy.' A decade before, the German jurist Carl Schmitt had coined the term 'political theology' in order to designate the Christian theological foundations of modern sovereignty and legal order. In a specular and opposite gesture, Buber argued that the covenant at Sinai established YHWH as the King of the Israelites and simultaneously promulgated the principle that no human being could become sovereign over this people. In so doing, Buber offered an interpretation of Jewish theocracy that is both republican and anarchic. Republican because, by pivoting on the idea that democracy is a function of a people's fidelity to a prophetic higher law, theocracy displaces the central role of the human sovereign. Anarchic because this divine law is saturated with the messianic aim to put an end to relations of domination between peoples. In this book I show that this republican and anarchic articulation of the discourse of political theology characterises the development of Jewish political theology in the 20th century from Hermann Cohen to Hannah Arendt"--

Living Letters of the Law

Living Letters of the Law PDF Author: Jeremy Cohen
Publisher: Univ of California Press
ISBN: 9780520218703
Category : History
Languages : en
Pages : 478

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Book Description
"Well, clearly, and articulately written, Living Letters of the Law is among the most important books in medieval European history generally, as well as in its particular field."—Edward Peters, author of The First Crusade

Lawyers in Your Living Room!

Lawyers in Your Living Room! PDF Author: Michael Asimow
Publisher: American Bar Association
ISBN: 9781604423280
Category : Law
Languages : en
Pages : 484

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Book Description
From Perry Mason and The Defenders in the 1960s to L.A. Law in the 80s, The Practice and Ally McBeal in the 90s, to Boston Legal, Shark and Law & Order today, the television industry has generated an endless stream of dramatic series involving law and lawyers. This new guide examines television series from the past and present, domestic and foreign, that are devoted to the law.

Indigenous Peoples, Customary Law and Human Rights - Why Living Law Matters

Indigenous Peoples, Customary Law and Human Rights - Why Living Law Matters PDF Author: Brendan Tobin
Publisher: Routledge
ISBN: 1317697537
Category : Law
Languages : en
Pages : 361

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Book Description
This highly original work demonstrates the fundamental role of customary law for the realization of Indigenous peoples’ human rights and for sound national and international legal governance. The book reviews the legal status of customary law and its relationship with positive and natural law from the time of Plato up to the present. It examines its growing recognition in constitutional and international law and its dependence on and at times strained relationship with human rights law. The author analyzes the role of customary law in tribal, national and international governance of Indigenous peoples’ lands, resources and cultural heritage. He explores the challenges and opportunities for its recognition by courts and alternative dispute resolution mechanisms, including issues of proof of law and conflicts between customary practices and human rights. He throws light on the richness inherent in legal diversity and key principles of customary law and their influence in legal practice and on emerging notions of intercultural equity and justice. He concludes that Indigenous peoples’ rights to their customary legal regimes and states’ obligations to respect and recognize customary law, in order to secure their human rights, are principles of international customary law, and as such binding on all states. At a time when the self-determination, land, resources and cultural heritage of Indigenous peoples are increasingly under threat, this accessible book presents the key issues for both legal and non-legal scholars, practitioners, students of human rights and environmental justice, and Indigenous peoples themselves.

The Color of Law: A Forgotten History of How Our Government Segregated America

The Color of Law: A Forgotten History of How Our Government Segregated America PDF Author: Richard Rothstein
Publisher: Liveright Publishing
ISBN: 1631492861
Category : Social Science
Languages : en
Pages : 246

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Book Description
New York Times Bestseller • Notable Book of the Year • Editors' Choice Selection One of Bill Gates’ “Amazing Books” of the Year One of Publishers Weekly’s 10 Best Books of the Year Longlisted for the National Book Award for Nonfiction An NPR Best Book of the Year Winner of the Hillman Prize for Nonfiction Gold Winner • California Book Award (Nonfiction) Finalist • Los Angeles Times Book Prize (History) Finalist • Brooklyn Public Library Literary Prize This “powerful and disturbing history” exposes how American governments deliberately imposed racial segregation on metropolitan areas nationwide (New York Times Book Review). Widely heralded as a “masterful” (Washington Post) and “essential” (Slate) history of the modern American metropolis, Richard Rothstein’s The Color of Law offers “the most forceful argument ever published on how federal, state, and local governments gave rise to and reinforced neighborhood segregation” (William Julius Wilson). Exploding the myth of de facto segregation arising from private prejudice or the unintended consequences of economic forces, Rothstein describes how the American government systematically imposed residential segregation: with undisguised racial zoning; public housing that purposefully segregated previously mixed communities; subsidies for builders to create whites-only suburbs; tax exemptions for institutions that enforced segregation; and support for violent resistance to African Americans in white neighborhoods. A groundbreaking, “virtually indispensable” study that has already transformed our understanding of twentieth-century urban history (Chicago Daily Observer), The Color of Law forces us to face the obligation to remedy our unconstitutional past.

A Common Law Theory of Judicial Review

A Common Law Theory of Judicial Review PDF Author: W. J. Waluchow
Publisher: Cambridge University Press
ISBN: 1139462814
Category : Philosophy
Languages : en
Pages : 7

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Book Description
In this study, W. J. Waluchow argues that debates between defenders and critics of constitutional bills of rights presuppose that constitutions are more or less rigid entities. Within such a conception, constitutions aspire to establish stable, fixed points of agreement and pre-commitment, which defenders consider to be possible and desirable, while critics deem impossible and undesirable. Drawing on reflections about the nature of law, constitutions, the common law, and what it is to be a democratic representative, Waluchow urges a different theory of bills of rights that is flexible and adaptable. Adopting such a theory enables one not only to answer to critics' most serious challenges, but also to appreciate the role that a bill of rights, interpreted and enforced by unelected judges, can sensibly play in a constitutional democracy.

The Living Constitution

The Living Constitution PDF Author: David A. Strauss
Publisher: Oxford University Press
ISBN: 0199703698
Category : Law
Languages : en
Pages : 171

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Book Description
Supreme Court Justice Antonin Scalia once remarked that the theory of an evolving, "living" Constitution effectively "rendered the Constitution useless." He wanted a "dead Constitution," he joked, arguing it must be interpreted as the framers originally understood it. In The Living Constitution, leading constitutional scholar David Strauss forcefully argues against the claims of Scalia, Clarence Thomas, Robert Bork, and other "originalists," explaining in clear, jargon-free English how the Constitution can sensibly evolve, without falling into the anything-goes flexibility caricatured by opponents. The living Constitution is not an out-of-touch liberal theory, Strauss further shows, but a mainstream tradition of American jurisprudence--a common-law approach to the Constitution, rooted in the written document but also based on precedent. Each generation has contributed precedents that guide and confine judicial rulings, yet allow us to meet the demands of today, not force us to follow the commands of the long-dead Founders. Strauss explores how judicial decisions adapted the Constitution's text (and contradicted original intent) to produce some of our most profound accomplishments: the end of racial segregation, the expansion of women's rights, and the freedom of speech. By contrast, originalism suffers from fatal flaws: the impossibility of truly divining original intent, the difficulty of adapting eighteenth-century understandings to the modern world, and the pointlessness of chaining ourselves to decisions made centuries ago. David Strauss is one of our leading authorities on Constitutional law--one with practical knowledge as well, having served as Assistant Solicitor General of the United States and argued eighteen cases before the United States Supreme Court. Now he offers a profound new understanding of how the Constitution can remain vital to life in the twenty-first century.

The Laws of Human Nature

The Laws of Human Nature PDF Author: Robert Greene
Publisher: Penguin
ISBN: 0698184548
Category : Self-Help
Languages : en
Pages : 626

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Book Description
From the #1 New York Times-bestselling author of The 48 Laws of Power comes the definitive new book on decoding the behavior of the people around you Robert Greene is a master guide for millions of readers, distilling ancient wisdom and philosophy into essential texts for seekers of power, understanding and mastery. Now he turns to the most important subject of all - understanding people's drives and motivations, even when they are unconscious of them themselves. We are social animals. Our very lives depend on our relationships with people. Knowing why people do what they do is the most important tool we can possess, without which our other talents can only take us so far. Drawing from the ideas and examples of Pericles, Queen Elizabeth I, Martin Luther King Jr, and many others, Greene teaches us how to detach ourselves from our own emotions and master self-control, how to develop the empathy that leads to insight, how to look behind people's masks, and how to resist conformity to develop your singular sense of purpose. Whether at work, in relationships, or in shaping the world around you, The Laws of Human Nature offers brilliant tactics for success, self-improvement, and self-defense.

Jack Canfield's Key to Living the Law of Attraction

Jack Canfield's Key to Living the Law of Attraction PDF Author: Jack Canfield
Publisher: Simon and Schuster
ISBN: 0757398324
Category : Self-Help
Languages : en
Pages : 144

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Book Description
Long before he was the cocreator of the Chicken Soup for the Soul series, Jack Canfield was a master motivator, teacher, and a self-esteem trainer. In his latest book, Jack Canfield's Key to Living the Law of Attraction, the man known internationally as America's Success Coach helps readers apply the principles of the famed Law of Attraction to their lives. Canfield covers all areas of life -- from career and creative pursuits to health, financial prosperity and winning relationships -- and guides readers to understand how the Law of Attraction works in their lives through reprogram-minded, interactive prescription. In addition Canfield discusses: · How not to let life 'happen' to you, but to be a pro-active agent in your destiny · Orchestrating positive changes to make yourself a magnet to the Law of Attraction · Connecting your bundle of intelligent energy for optimum, life-changing results. and much more