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Author: Jeremy Waldron
Publisher: Yale University Press
ISBN: 0300148658
Category : Political Science
Languages : en
Pages : 306
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Book Description
Should judges in United States courts be permitted to cite foreign laws in their rulings? In this book Jeremy Waldron explores some ideas in jurisprudence and legal theory that could underlie the Supreme Court's occasional recourse to foreign law, especially in constitutional cases. He argues that every society is governed not only by its own laws but partly also by laws common to all mankind (ius gentium). But he takes the unique step of arguing that this common law is not natural law but a grounded consensus among all nations. The idea of such a consensus will become increasingly important in jurisprudence and public affairs as the world becomes more globalized.
Author: Jeremy Waldron
Publisher: Yale University Press
ISBN: 0300148658
Category : Political Science
Languages : en
Pages : 306
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Book Description
Should judges in United States courts be permitted to cite foreign laws in their rulings? In this book Jeremy Waldron explores some ideas in jurisprudence and legal theory that could underlie the Supreme Court's occasional recourse to foreign law, especially in constitutional cases. He argues that every society is governed not only by its own laws but partly also by laws common to all mankind (ius gentium). But he takes the unique step of arguing that this common law is not natural law but a grounded consensus among all nations. The idea of such a consensus will become increasingly important in jurisprudence and public affairs as the world becomes more globalized.
Author: Justinian I (Emperor of the East)
Publisher:
ISBN:
Category :
Languages : en
Pages : 680
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Book Description
Author: Thomas Collett Sandars
Publisher:
ISBN:
Category : Roman law
Languages : en
Pages : 722
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Book Description
Author: Prince Saprai
Publisher: Oxford University Press
ISBN: 019108459X
Category : Law
Languages : en
Pages : 438
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Book Description
This book advances a theoretical account of contract law, grounded in value pluralism. Arguing against attempts to delineate branches of legal doctrine by reference to single unifying values, the book suggests that a field such as contract law can only be explained and justified by the interaction of a multiplicity of moral values. In recent times, the philosophy of contract law has been dominated by the 'promise theory', according to which the morality of promise provides a 'blueprint' for the structure, shape, and content that contract law rules and doctrines should take. The promise theory is an example of what this book calls a 'foundationalist' theory, whereby areas of law reflect or are underlain by particular moral principles or sets of such principles. By considering contract law from the point of view of its theory, rules and doctrines, and broader political context, the book argues that the promise theory can only ever offer part of the picture. The book claims that 'top-down' theories of contract law such as the promise theory and its bitter rival the economic analysis of law seriously mishandle legal doctrine by ignoring or underplaying the irreducible plurality of values that shape contract law. The book defends the role of this multiplicity of values in forging contract doctrine by developing from the 'ground-up' a radical and distinctly republican reinterpretation of the field. The book encourages readers to move away from a 'top-down' theory of contract law such as the promise theory and instead embrace a distinctly republican approach to contract law that would justify the legal rules and doctrines we find in particular jurisdictions at particular times.
Author: Justinian I (Emperor of the East)
Publisher:
ISBN:
Category : Institutiones
Languages : en
Pages : 652
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Book Description
Author:
Publisher:
ISBN:
Category : Roman law
Languages : en
Pages : 682
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Book Description
Author: Thomas Sandars
Publisher: BoD – Books on Demand
ISBN: 3368826883
Category : Fiction
Languages : en
Pages : 717
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Book Description
Reprint of the original, first published in 1874.
Author: Thomas Collett Sandars
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584777265
Category : Roman law
Languages : en
Pages : 686
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Book Description
Reprint of the seventh and final edition of one of the finest translations of the Institutes. The work includes Latin and English text with English commentary. Commissioned by the Emperor Justinian in 530 CE, it restated all existing Roman law. Rediscovered during the late middle ages, it has been the central textbook of Roman law ever since.
Author: A. Javier Trevino
Publisher: Routledge
ISBN: 1351298623
Category : Law
Languages : en
Pages : 304
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Book Description
Over against such reference volumes as encyclopedias, which are intended to provide an overview and summary of a subject, and dictionaries, which define a series of terms, "commentaries" generally consist of a collection of lectures or essays that discuss and explain in some detail particular topics and sources. In law, the best known and oldest of these is William Blackstone's Commentaries on the Laws of England (1765-1769). Others, which are equally prominent, include James Kent's Commentaries on American Law (1826) and Joseph Story's Commentaries on the Constitution of the United States (1833). This volume is presented in the spirit of the aforementioned treatises. It consists of several essays of contemporary comments and criticisms intended generally to inform and educate. The commentaries in this book have two collective purposes. First and foremost, they are intended to acquaint a new generation of students with thirteen classic books written by diverse sociolegal scholars--ranging from Henry Sumner Maine, Oliver Wendell Holmes, Jr., and Hans Kelsen to Eugen Ehrlich, Nicholas S. Timasheff, and Richard Quinney. Second, they endeavor to demonstrate the contemporary theoretical relevance, the continuing legacy, of these classic writings. Accordingly, the commentaries discuss each of the scholars' work in general, how the particular book under consideration fits into that corpus, and how the book is assessed in a contemporary context. Singly and collectively these books have a clear relation to the "classic" tradition in thought--a tradition that, although not always acknowledged, is of great significance to current theorizing in law and society. The classic tradition represents those books that have come to be considered the foundational texts in the social scientific study of law. The commentaries collected here were written by some of today's leading scholars of law and society, including Piers Beirne, Dario Melossi, Kalus A. Zigert, Alan Hunt, Marshall B. Clinard, and Dragan Milovanovic.
Author: Justinian I (Emperor of the East)
Publisher:
ISBN:
Category :
Languages : en
Pages : 402
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Book Description
