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Author: Ulrich R. Rohmer
Publisher: BookRix
ISBN: 3730979043
Category : Philosophy
Languages : en
Pages : 723
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Book Description
A law student must face many obstacles undergoing his or her legal studies, and one basic subject is philosophy of law. It helps understanding both, nature and hermeneutics of something we call law. This is necessary in order to operate with legal terms related to different levels and references. Hermeneutics is the kind and the art of properly understanding legal texts. This book is a collection of different texts I put together to help a reader understanding manifold hermeneutical approaches towards law. Conceiving both, nature and meaning of law is always a matter of clarifying personal preconceptions, historical developments and linguistical contexts. I invite the reader to plunge into the subject by reading a good deal of articles and essays expressing different views and perspectives. Thus he or she will automatically enter the “terribly appearing" realm of legal philosophy (as many use to think). It needs only a little patience and courage following the course of texts preparing the attentive mind for deeper understanding. Philosophy does never simply mean “theorization in vacuo”, but reading lots of papers and sources conducted in silence. Legal philosophy is in fact a demanding, but nevertheless a very interesting and refreshing human activity revealing at least an abysmal stupidity or a dirty deviousness of many (including well–known) politicians. For whatever reason...
Author: Ulrich R. Rohmer
Publisher: BookRix
ISBN: 3730979043
Category : Philosophy
Languages : en
Pages : 723
Get Book Here
Book Description
A law student must face many obstacles undergoing his or her legal studies, and one basic subject is philosophy of law. It helps understanding both, nature and hermeneutics of something we call law. This is necessary in order to operate with legal terms related to different levels and references. Hermeneutics is the kind and the art of properly understanding legal texts. This book is a collection of different texts I put together to help a reader understanding manifold hermeneutical approaches towards law. Conceiving both, nature and meaning of law is always a matter of clarifying personal preconceptions, historical developments and linguistical contexts. I invite the reader to plunge into the subject by reading a good deal of articles and essays expressing different views and perspectives. Thus he or she will automatically enter the “terribly appearing" realm of legal philosophy (as many use to think). It needs only a little patience and courage following the course of texts preparing the attentive mind for deeper understanding. Philosophy does never simply mean “theorization in vacuo”, but reading lots of papers and sources conducted in silence. Legal philosophy is in fact a demanding, but nevertheless a very interesting and refreshing human activity revealing at least an abysmal stupidity or a dirty deviousness of many (including well–known) politicians. For whatever reason...
Author: Meg Jacobs
Publisher: Princeton University Press
ISBN: 1400825822
Category : History
Languages : en
Pages : 441
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Book Description
In a series of fascinating essays that explore topics in American politics from the nation's founding to the present day , The Democratic Experiment opens up exciting new avenues for historical research while offering bold claims about the tensions that have animated American public life. Revealing the fierce struggles that have taken place over the role of the federal government and the character of representative democracy, the authors trace the contested and dynamic evolution of the national polity. The contributors, who represent the leading new voices in the revitalized field of American political history, offer original interpretations of the nation's political past by blending methodological insights from the new institutionalism in the social sciences and studies of political culture. They tackle topics as wide-ranging as the role of personal character of political elites in the Early Republic, to the importance of courts in building a modern regulatory state, to the centrality of local political institutions in the late twentieth century. Placing these essays side by side encourages the asking of new questions about the forces that have shaped American politics over time. An unparalleled example of the new political history in action, this book will be vastly influential in the field. In addition to the editors, the contributors are Brian Balogh, Sven Beckert, Rebecca Edwards, Joanne B. Freeman, Richard R. John, Ira Katznelson, James T. Kloppenberg, Matthew D. Lassiter, Thomas J. Sugrue, Michael Vorenberg, and Michael Willrich.
Author: Michael Giudice
Publisher: Edward Elgar Publishing
ISBN: 1839103221
Category : Law
Languages : en
Pages : 161
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Book Description
This illuminating book explores the theme of social constructionism in legal theory. It questions just how much freedom and power social groups really have to construct and reconstruct law.
Author: Adam B. Cox
Publisher: Oxford University Press
ISBN: 0190694386
Category : Law
Languages : en
Pages : 361
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Book Description
Who controls American immigration policy? The biggest immigration controversies of the last decade have all involved policies produced by the President policies such as President Obama's decision to protect Dreamers from deportation and President Trump's proclamation banning immigrants from several majority-Muslim nations. While critics of these policies have been separated by a vast ideological chasm, their broadsides have embodied the same widely shared belief: that Congress, not the President, ought to dictate who may come to the United States and who will be forced to leave. This belief is a myth. In The President and Immigration Law, Adam B. Cox and Cristina M. Rodríguez chronicle the untold story of how, over the course of two centuries, the President became our immigration policymaker-in-chief. Diving deep into the history of American immigration policy from founding-era disputes over deporting sympathizers with France to contemporary debates about asylum-seekers at the Southern border they show how migration crises, real or imagined, have empowered presidents. Far more importantly, they also uncover how the Executive's ordinary power to decide when to enforce the law, and against whom, has become an extraordinarily powerful vehicle for making immigration policy. This pathbreaking account helps us understand how the United States ?has come to run an enormous shadow immigration system-one in which nearly half of all noncitizens in the country are living in violation of the law. It also provides a blueprint for reform, one that accepts rather than laments the role the President plays in shaping the national community, while also outlining strategies to curb the abuse of law enforcement authority in immigration and beyond.
Author:
Publisher:
ISBN:
Category : Phenomenalism
Languages : en
Pages : 534
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Book Description
Vols. for 1981- include the proceedings of the Southwestern Philosophical Society.
Author: Ayelet Shachar
Publisher: Oxford University Press
ISBN: 0192528424
Category : Law
Languages : en
Pages : 854
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Book Description
Contrary to predictions that it would become increasingly redundant in a globalizing world, citizenship is back with a vengeance. The Oxford Handbook of Citizenship brings together leading experts in law, philosophy, political science, economics, sociology, and geography to provide a multidisciplinary, comparative discussion of different dimensions of citizenship: as legal status and political membership; as rights and obligations; as identity and belonging; as civic virtues and practices of engagement; and as a discourse of political and social equality or responsibility for a common good. The contributors engage with some of the oldest normative and substantive quandaries in the literature, dilemmas that have renewed salience in today's political climate. As well as setting an agenda for future theoretical and empirical explorations, this Handbook explores the state of citizenship today in an accessible and engaging manner that will appeal to a wide academic and non-academic audience. Chapters highlight variations in citizenship regimes practiced in different countries, from immigrant states to 'non-western' contexts, from settler societies to newly independent states, attentive to both migrants and those who never cross an international border. Topics include the 'selling' of citizenship, multilevel citizenship, in-between statuses, citizenship laws, post-colonial citizenship, the impact of technological change on citizenship, and other cutting-edge issues. This Handbook is the major reference work for those engaged with citizenship from a legal, political, and cultural perspective. Written by the most knowledgeable senior and emerging scholars in their fields, this comprehensive volume offers state-of-the-art analyses of the main challenges and prospects of citizenship in today's world of increased migration and globalization. Special emphasis is put on the question of whether inclusive and egalitarian citizenship can provide political legitimacy in a turbulent world of exploding social inequality and resurgent populism.
Author: Richard Bellamy
Publisher: Oxford University Press, USA
ISBN: 0192802534
Category : Political Science
Languages : en
Pages : 153
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Book Description
Interest in citizenship has never been higher. But what does it mean to be a citizen in a modern, complex community? Richard Bellamy approaches the subject of citizenship from a political perspective and, in clear and accessible language, addresses the complexities behind this highly topical issue.
Author: Petar Popovic
Publisher: CUA Press
ISBN: 0813235502
Category : Law
Languages : en
Pages : 328
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Book Description
This book proposes a rather novel legal-philosophical approach to understanding the intersection between law and morality. It does so by analyzing the conditions for the existence of a juridical domain of natural law from the perspective of the tradition of Thomistic juridical realism. In order to highlight the need to reconnect with this tradition in the context of contemporary legal philosophy, the book presents various other recent jurisprudential positions regarding the overlap between law and morality. While most authors either exclude a conceptual necessity for the inclusion of moral principles in the nature of law or refer to the purely moral status of natural law at the foundations of the legal phenomenon, the book seeks to elucidate the essential properties of the juridical status of natural law. In order to establish the juridicity of natural law, the book explores the relevant arguments of Thomas Aquinas and some of his main commentators on this issue, above all Michel Villey and Javier Hervada. It establishes that Thomistic juridical realism observes the juridical phenomenon not only from the perspective of legal norms or subjective individual rights, but also from the perspective of the primary meaning of the concept of right (ius), namely, the just thing itself as the object of justice. In this perspective, natural rights already possess a fully juridical status and can be described as natural juridical goods. In addition, from the viewpoint of Thomistic juridical realism, we can identify certain natural norms or principles of justice as the juridical title of these rights or goods. The book includes an assessment of the prospective points of dialogue with the other trends in Thomistic legal philosophy as well as with various accounts of the nature of law in contemporary legal theory.
Author: Robin West
Publisher: Cambridge University Press
ISBN: 1139504126
Category : Political Science
Languages : en
Pages : 221
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Book Description
Normative Jurisprudence aims to reinvigorate normative legal scholarship that both criticizes positive law and suggests reforms for it, on the basis of stated moral values and legalistic ideals. It looks sequentially and in detail at the three major traditions in jurisprudence – natural law, legal positivism and critical legal studies – that have in the past provided philosophical foundations for just such normative scholarship. Over the last fifty years or so, all of these traditions, although for different reasons, have taken a number of different turns – toward empirical analysis, conceptual analysis or Foucaultian critique – and away from straightforward normative criticism. As a result, normative legal scholarship – scholarship that is aimed at criticism and reform – is now lacking a foundation in jurisprudential thought. The book criticizes those developments and suggests a return, albeit with different and in many ways larger challenges, to this traditional understanding of the purpose of legal scholarship.
Author: Unesco
Publisher: Unesco ; Nedlands, W.A. : University of Western Australia, Centre for Migration and Development Studies
ISBN:
Category : Alien labor
Languages : en
Pages : 388
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Book Description
