Author: James MacLean
Publisher: Routledge
ISBN: 1136697764
Category : Law
Languages : en
Pages : 217

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Book Description
Rethinking Law as Process draws on insights from 'process philosophy' in order to rethink the nature of legal decision making.

Author: James MacLean
Publisher: Routledge
ISBN: 0415575400
Category : Law
Languages : en
Pages : 217

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Book Description
Rethinking Law as Process draws on insights from 'process philosophy' in order to rethink the nature of legal decision-making. While there have been significant developments in the application of âe~processâe(tm) thought across a number of disciplines, little notice has been taken of Whiteheadian metaphysics in law. Nevertheless, process thought offers significant opportunities for serious inquiry into the nature of legal reasoning and the practical application of law. Focusing on the practices of organising, rather than their effects, an increased processual awareness re-orients understanding away from the mechanistic and rationalist assumptions of Newtonian thought, and towards the interminable ontological quest to arrest or to classify the essentially undivided flow of human experience. Drawing together insights from a number of different fields, James Maclean argues that it is because our inherited conceptual framework is tied to a âe~staticâe(tm) way of thinking that every attempt to offer justifying reasons for legal decisions appears at best to register only at the level of explanation. Rethinking Law as Process resolves this problem, and so provides a more adequate description of the nature of law and legal decision-making, by repositioning law within a thoroughly processual world-view, in which there is only the continuous effort to refine and to redefine the continuous flux of legal understanding.

Author: Robin Feldman
Publisher: Harvard University Press
ISBN: 0674064968
Category : Law
Languages : en
Pages : 288

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Book Description
Scientific and technological innovations are forcing the inadequacies of patent law into the spotlight. Robin Feldman explains why patents are causing so much trouble. She urges lawmakers to focus on crafting rules that anticipate future bargaining, not on the impossible task of assigning precise boundaries to rights when an invention is new.

Author: Geoffrey Samuel
Publisher: Edward Elgar Publishing
ISBN: 1784712612
Category : Law
Languages : en
Pages : 374

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Book Description
‘Rethinking’ legal reasoning seems a bold aim given the large amount of literature devoted to this topic. In this thought-provoking book, Geoffrey Samuel proposes a different way of approaching legal reasoning by examining the topic through the context of legal knowledge (epistemology). What is it to have knowledge of legal reasoning?

Author: Steven Mulroy
Publisher: Edward Elgar Publishing
ISBN: 1788117514
Category : Election law
Languages : en
Pages : 176

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Book Description
Recent U.S. elections have defied nationwide majority preference at the White House, Senate, and House levels. This work of interdisciplinary scholarship explains how “winner-take-all” and single-member district elections make this happen, and what can be done to repair the system. Proposed reforms include the National Popular Vote interstate compact (presidential elections); eliminating the Senate filibuster; and proportional representation using Ranked Choice Voting for House, state, and local elections.

Author: James Reist Stoner
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 230

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Book Description
In an ere as morally confused as ours, Stoner argues, we at least ought to know what we've abandoned or suppressed in the name of judicial activism and the modern rights-oriented Constitution. Having lost our way, perhaps the common law, in its original sense, provides a way back, a viable alternative to the debilitating relativism of our current age.

Author: Charles Sampford
Publisher: Routledge
ISBN: 1317064119
Category : Law
Languages : en
Pages : 383

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Book Description
General principles of law have made, and are likely further to make, a significant contribution to our understanding of the constituent elements of global justice. Dealing extensively with global headline issues of peace, security and justice, this book explores justice arising in specific areas of international law, as well as underlying theories of justice from political science and international relations. With contributions from leading academics and practitioners, the book adopts an interdisciplinary approach. Covering issues such as international humanitarian law, and examining the significance of non-state actors for the development of international law, the collection concludes with the complex question of how best to rethink aspects of international justice. The lessons derived from this research will have wide implications for both developed and emerging nation-states in rethinking sensitive issues of international law and justice. As such, this book will be of interest to academics and practitioners interested in international law, environmental law, human rights, ethics, international relations and political theory.

Author: Nils Jansen
Publisher:
ISBN: 9783161498626
Category : Civil law
Languages : en
Pages : 0

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Book Description
"Private law beyond the state" is a topic that is fashionable, important, and widely discussed. Yet it presents so many different aspects and perspectives that it has, so far, remained remarkably poorly understood. This volume brings together contributions of leading scholars from the United States, Israel and Germany exploring the topic from different perspectives: legal history, law and economics, legal sociology, private international law, and legal anthropology. Contributors: Marietta Auer, Jürgen Basedow, Charles Donahue, Jr., Hanoch Dagan, James Gordley, Hans-Peter Haferkamp, Nils Jansen, Susanne Lepsius, Ralf Michaels, Annelise Riles, Florian Rödl, Chaim Saiman, David V. Snyder, Gunther Teubner, Christiane C. Wendehorst and Peer Zumbansen

Author: Godefridus J. H. Hoof
Publisher: Brill Archive
ISBN: 9789065440853
Category : Law
Languages : en
Pages : 342

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Book Description
Deals with the concept of sources of international law.

Author: Jan M. Broekman
Publisher: Springer Nature
ISBN: 3030435172
Category : Law
Languages : en
Pages : 87

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Book Description
This book highlights how conversion via communication is one of the most important issues in legal thinking. A major aspect is its link with language – legal texts, judgments, opinions and legal concepts included. Further, conversion is connected to all social positions in law. But a jurist will not solely master specific social behaviors or become the manager of large-scale political fields of law as a legal scientist. A continuously changing integration opens up to his views on reality as it presents itself incessantly. Law and its functionaries are in a never-ending process of change in all domains of culture, which mark the 21st century. Conversions thus concern the riddle of wisdom and automatism, of individual privacy and social fixations, of philosophical considerations and converting flows.