Author: John Austin
Publisher:
ISBN:
Category : Jurisprudence
Languages : en
Pages : 674

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Author: Nathaniel Persily
Publisher: Cambridge University Press
ISBN: 1108835554
Category : Business & Economics
Languages : en
Pages : 365

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Book Description
A state-of-the-art account of what we know and do not know about the effects of digital technology on democracy.

Author: Law Academy of Philadelphia
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 328

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Author: Charles Ashford Pace
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 566

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Author: Albert Venn Dicey
Publisher:
ISBN:
Category : Great Britain
Languages : en
Pages : 536

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Author: James Kent
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 36

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Author: Stephen Higginson Tyng (the Elder.)
Publisher:
ISBN:
Category :
Languages : en
Pages : 414

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Author: James Kent
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 36

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Author: Seana Valentine Shiffrin
Publisher: Oxford University Press
ISBN: 0190084502
Category : Philosophy
Languages : en
Pages : 249

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Book Description
In this book, based on her 2017 Berkeley Tanner Lectures, Seana Valentine Shiffrin offers an original, deontological account of democracy, law, and their interrelation. Her central thesis is that democracy and democratic law have intrinsically valuable, interconnected communicative functions. Democracy and democratic law together allow us to fulfill our fundamental duties to convey to each another messages of equal respect by fashioning the sorts of public joint commitments to act that a sincere message of equal respect requires. Law and democracy are essential to each other: the aspirations of democracy cannot be realized except through a legal system, and, conversely, law can fulfill its primary function only in a democratic context. After defending these theses, Shiffrin explores two doctrinal examples to illustrate how a communicative conception of democratic law would yield concrete implications. First, articulating the special democratic character of judicially articulated common law, she resists instrumental, outcome-oriented conceptions of law and defends the essential importance of the common law duty of good faith in contracts. Second, appealing to the need for law to articulate a coherent set of moral commitments, she criticizes the U.S. Supreme Court's approach to constitutional balancing. In a set of commentaries, Niko Kolodny, Richard Brooks, and Anna Stilz offer illuminating and sometimes provocative discussion of both the philosophical and the legal aspects of Shiffrin's discussion. Shiffrin's responses expand upon themes concerning legal compliance, commitments, communication, dissent, political participation, and the permissible range of state interests.

Author: Andrei Marmor
Publisher: Princeton University Press
ISBN: 0691163960
Category : Philosophy
Languages : en
Pages : 180

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Book Description
In Philosophy of Law, Andrei Marmor provides a comprehensive analysis of contemporary debates about the fundamental nature of law—an issue that has been at the heart of legal philosophy for centuries. What the law is seems to be a matter of fact, but this fact has normative significance: it tells people what they ought to do. Marmor argues that the myriad questions raised by the factual and normative features of law actually depend on the possibility of reduction—whether the legal domain can be explained in terms of something else, more foundational in nature. In addition to exploring the major issues in contemporary legal thought, Philosophy of Law provides a critical analysis of the people and ideas that have dominated the field in past centuries. It will be essential reading for anyone curious about the nature of law.