The Planning Theory of Law

The Planning Theory of Law PDF Author: Damiano Canale
Publisher: Springer Science & Business Media
ISBN: 9400745931
Category : Law
Languages : en
Pages : 221

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Book Description
This collection of essays is the outcome of a workshop with Scott Shapiro on The Planning Theory of Law that took place in December 2009 at Bocconi University. It brings together a group of scholars who wrote their contributions to the workshop on a preliminary draft of Shapiro’s Legality. Then, after the workshop, they wrote their final essays on the published version of the book. The contributions clearly highlight the difference of the continental and civil law perspective from the common law background of Shapiro but at the same time the volume tries to bridge the gap between the two. The essays provide a critical reading of the planning theory of law, highlighting its merits on the one hand and objecting to some parts of it on the other hand. Each contribution discusses in detail a chapter of Shapiro’s book and together they cover the whole of Shapiro’s theory. So the book presents a balanced and insightful discussion of the arguments of Legality.

The Planning Theory of Law

The Planning Theory of Law PDF Author: Damiano Canale
Publisher: Springer Science & Business Media
ISBN: 9400745931
Category : Law
Languages : en
Pages : 221

Get Book Here

Book Description
This collection of essays is the outcome of a workshop with Scott Shapiro on The Planning Theory of Law that took place in December 2009 at Bocconi University. It brings together a group of scholars who wrote their contributions to the workshop on a preliminary draft of Shapiro’s Legality. Then, after the workshop, they wrote their final essays on the published version of the book. The contributions clearly highlight the difference of the continental and civil law perspective from the common law background of Shapiro but at the same time the volume tries to bridge the gap between the two. The essays provide a critical reading of the planning theory of law, highlighting its merits on the one hand and objecting to some parts of it on the other hand. Each contribution discusses in detail a chapter of Shapiro’s book and together they cover the whole of Shapiro’s theory. So the book presents a balanced and insightful discussion of the arguments of Legality.

The Planning Theory of Law

The Planning Theory of Law PDF Author: Damiano Canale
Publisher: Springer Science & Business Media
ISBN: 9400745923
Category : Law
Languages : en
Pages : 221

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Book Description
This collection of essays is the outcome of a workshop with Scott Shapiro on The Planning Theory of Law that took place in December 2009 at Bocconi University. It brings together a group of scholars who wrote their contributions to the workshop on a preliminary draft of Shapiro’s Legality. Then, after the workshop, they wrote their final essays on the published version of the book. The contributions clearly highlight the difference of the continental and civil law perspective from the common law background of Shapiro but at the same time the volume tries to bridge the gap between the two. The essays provide a critical reading of the planning theory of law, highlighting its merits on the one hand and objecting to some parts of it on the other hand. Each contribution discusses in detail a chapter of Shapiro’s book and together they cover the whole of Shapiro’s theory. So the book presents a balanced and insightful discussion of the arguments of Legality.

Readings in Planning Theory

Readings in Planning Theory PDF Author: Susan S. Fainstein
Publisher: John Wiley & Sons
ISBN: 1119045061
Category : Architecture
Languages : en
Pages : 623

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Book Description
Featuring updates and revisions to reflect rapid changes in an increasingly globalized world, Readings in Planning Theory remains the definitive resource for the latest theoretical and practical debates within the field of planning theory. Represents the newest edition of the leading text in planning theory that brings together the essential classic and cutting-edge readings Features 20 completely new readings (out of 28 total) for the fourth edition Introduces and defines key debates in planning theory with editorial materials and readings selected both for their accessibility and importance Systematically captures the breadth and diversity of planning theory and puts issues into wider social and political contexts without assuming prior knowledge of the field

Planning and "natural Law"

Planning and Author: Jean Millar
Publisher:
ISBN:
Category :
Languages : en
Pages : 72

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Book Description


Legality

Legality PDF Author: Scott J. Shapiro
Publisher: Harvard University Press
ISBN: 067426729X
Category : Science
Languages : en
Pages : 483

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Book Description
What is law? This question has preoccupied philosophers from Plato to Thomas Hobbes to H. L. A. Hart. Yet many others find it perplexing. How could we possibly know how to answer such an abstract question? And what would be the point of doing so? In Legality, Scott Shapiro argues that the question is not only meaningful but vitally important. In fact, many of the most pressing puzzles that lawyers confront—including who has legal authority over us and how we should interpret constitutions, statutes, and cases—will remain elusive until this grand philosophical question is resolved. Shapiro draws on recent work in the philosophy of action to develop an original and compelling answer to this age-old question. Breaking with a long tradition in jurisprudence, he argues that the law cannot be understood simply in terms of rules. Legal systems are best understood as highly complex and sophisticated tools for creating and applying plans. Shifting the focus of jurisprudence in this way—from rules to plans—not only resolves many of the most vexing puzzles about the nature of law but has profound implications for legal practice as well. Written in clear, jargon-free language, and presupposing no legal or philosophical background, Legality is both a groundbreaking new theory of law and an excellent introduction to and defense of classical jurisprudence.

The Routledge Handbook of Planning Theory

The Routledge Handbook of Planning Theory PDF Author: Michael Gunder
Publisher: Routledge
ISBN: 131744485X
Category : Architecture
Languages : en
Pages : 362

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Book Description
The Routledge Handbook of Planning Theory presents key contemporary themes in planning theory through the views of some of the most innovative thinkers in planning. They introduce and explore their own specialized areas of planning theory, to conceptualize their contemporary positions and to speculate how these positions are likely to evolve and change as new challenges emerge. In a changing and often unpredictable globalized world, planning theory is core to understanding how planning and its practices both function and evolve. As illustrated in this book, planning and its many roles have changed profoundly over the recent decades; so have the theories, both critical and explanatory, about its practices, values and knowledges. In the context of these changes, and to contribute to the development of planning research, this handbook identifies and introduces the cutting edge, and the new emerging trajectories, of contemporary planning theory. The aim is to provide the reader with key insights into not just contemporary planning thought, but potential future directions of both planning theory and planning as a whole. This book is written for an international readership, and includes planning theories that address, or have emerged from, both the global North and parts of the world beyond.

Planning By Law and Property Rights Reconsidered

Planning By Law and Property Rights Reconsidered PDF Author: Barrie Needham
Publisher: Routledge
ISBN: 1317080203
Category : Law
Languages : en
Pages : 248

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Book Description
Countries which take spatial planning seriously should take planning law and property rights also seriously. There is an unavoidable logical relationship between planning, law, and property rights. However, planning by law and property rights is so familiar and taken for granted that we do not think about the theory behind it. As a result, we do not think abstractly about its strengths and weaknesses, about what can be achieved with it and what not, how it can be improved, how it could be complemented. Such reflections are essential to cope with current and future challenges to spatial planning. This book makes the (often implicit) theory behind planning by law and property rights explicit and relates it to those challenges. It starts by setting out what is understood by planning by law and property rights, and investigates - theoretically and by game simulation - the relationships between planning law and property rights. It then places planning law and property rights within their institutional setting at three different scales: when a country undergoes enormous social and political change, when there is fundamental political debate about the power of the state within a country, and when a country changes its legislation in response to European policy. Not only changing institutions, but also global environmental change, pose huge challenges for spatial planning. The book discusses how planning by law and property rights can respond to those challenges: by adaptive planning), by adaptable property rights, and by public policies at the appropriate geographical level. Planning by law and property rights can fix a local regime of property rights which turns out to be inappropriate but difficult to change. It questions whether such regimes can be changed and whether planning agencies can make such undesirable lock-ins less likely by reducing market uncertainty and, if so, by what means.

Legal Foundations of Land Use Planning

Legal Foundations of Land Use Planning PDF Author: Jerome G. Rose
Publisher: Routledge
ISBN: 1351509055
Category : Law
Languages : en
Pages : 561

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Book Description
Urban planning is a community process, the purpose of which is to develop and implement a plan for achieving community goals and objectives. In this process, planners employ a variety of disciplines, including law. However, the law is only an instrument of urban planning, and cannot solve all urban problems or meet all social needs. The ability of the legal system to implement the planning process is limited by philosophical, historical, and constitutional constraints. Jurisprudence is concerned with societal values and relationships that limit the effectiveness of the law as an instrument of urban planning. When law is definite and certain, freedom is enhanced within the boundaries created by the law. This doctrine of Anglo-American law imposes an obligation on courts to be guided by prior judicial decision or precedents and, when deciding similar matters, to follow the previously established rule unless the case is distinguishable due to facts or changed social, political, or economic conditions The author focuses on seven specific areas of law in relation to land use planning: law as an instrument of planning, zoning, exclusionary zoning and managed growth, subdivision regulations, site plan review and planned unit development, eminent domain, and the transfer of development rights. Jerome G. Rose cites more than one hundred court cases, and the indexed list serves as a useful encyclopedia of land use law. This is a valuable sourcebook for all legal experts, urban planners, and government officials.

Planning Theory, Urban Governance and the Law

Planning Theory, Urban Governance and the Law PDF Author: Louise C. Johnson
Publisher:
ISBN:
Category : City planning
Languages : en
Pages :

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Book Description
Prepared for postgraduate unit AIA718 (Planning theory, urban governance and the law) offered by the Faculty of Arts and Education's School of History, Heritage and Society in Deakin University's Flexible Learning Program.

Planning Theory, Urban Governance and the Law

Planning Theory, Urban Governance and the Law PDF Author:
Publisher:
ISBN:
Category : City planning
Languages : en
Pages :

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Book Description
Prepared for postgraduate unit AIA718 (Planning theory, urban governance and the law) offered by the Faculty of Arts' School of History, Heritage and Society in Deakin University's Flexible Learning Program.