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Author: Steven D. Smith
Publisher: Harvard University Press
ISBN: 0674043820
Category : Law
Languages : en
Pages : 223
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Book Description
This lively book reassesses a century of jurisprudential thought from a fresh perspective, and points to a malaise that currently afflicts not only legal theory but law in general. Steven Smith argues that our legal vocabulary and methods of reasoning presuppose classical ontological commitments that were explicitly articulated by thinkers from Aquinas to Coke to Blackstone, and even by Joseph Story. But these commitments are out of sync with the world view that prevails today in academic and professional thinking. So our law-talk thus degenerates into "just words"--or a kind of nonsense. The diagnosis is similar to that offered by Holmes, the Legal Realists, and other critics over the past century, except that these critics assumed that the older ontological commitments were dead, or at least on their way to extinction; so their aim was to purge legal discourse of what they saw as an archaic and fading metaphysics. Smith's argument starts with essentially the same metaphysical predicament but moves in the opposite direction. Instead of avoiding or marginalizing the "ultimate questions," he argues that we need to face up to them and consider their implications for law.
Author: Steven D. Smith
Publisher: Harvard University Press
ISBN: 0674043820
Category : Law
Languages : en
Pages : 223
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Book Description
This lively book reassesses a century of jurisprudential thought from a fresh perspective, and points to a malaise that currently afflicts not only legal theory but law in general. Steven Smith argues that our legal vocabulary and methods of reasoning presuppose classical ontological commitments that were explicitly articulated by thinkers from Aquinas to Coke to Blackstone, and even by Joseph Story. But these commitments are out of sync with the world view that prevails today in academic and professional thinking. So our law-talk thus degenerates into "just words"--or a kind of nonsense. The diagnosis is similar to that offered by Holmes, the Legal Realists, and other critics over the past century, except that these critics assumed that the older ontological commitments were dead, or at least on their way to extinction; so their aim was to purge legal discourse of what they saw as an archaic and fading metaphysics. Smith's argument starts with essentially the same metaphysical predicament but moves in the opposite direction. Instead of avoiding or marginalizing the "ultimate questions," he argues that we need to face up to them and consider their implications for law.
Author: Bruce E. Cain
Publisher: Cambridge University Press
ISBN: 1107039630
Category : Law
Languages : en
Pages : 263
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Book Description
This book studies how American political reform efforts often fail because of the unrealistic ideal of a fully informed and engaged citizenry.
Author: Gregory West
Publisher: Jones & Bartlett Learning
ISBN: 1284235580
Category : Technology & Engineering
Languages : en
Pages : 387
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Book Description
Legal Aspects of Emergency Services, Second Edition introduces members of fire and emergency medical services to the legal system in the United States, showing them how various types of laws affect their work in emergency services.
Author: George S Grossman
Publisher: Routledge
ISBN: 0429975457
Category : Political Science
Languages : en
Pages : 589
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Book Description
Intended for the general public, the readings in this collection explore the roots of American law from pre-history to ancient Greece and Rome and the common law of England. America's legal development is traced from the drafting of the Constitution to the Rehnquist Court. Themes along the way include the ?Golden Age? of the early nineteenth century, when American law took on its distinctive character, the impact of slavery and the Civil War, and the struggles of the Progressives to regulate the nation's industrialized economy between the post-Civil War era and the New Deal. A reading on the Nuremberg Trials introduces the theme of international human rights, while post-war readings trace the nation's legal confrontations over civil liberties, civil rights, the rights of women, the protection of the environment, and legal protections for those accused of crimes. Dramatic highlights include the Sacco-Vanzetti case, the internment of Japanese-Americans during the Second World War, the trial of the ?Chicago Eight? during the Vietnam War, and the Watergate scandal. Leading personalities include Sirs Edward Coke and William Blackstone in England, Chief Justices John Marshall and Earl Warren, Justices Stephen J. Field, Oliver Wendell Holmes, Jr., Louis D. Brandeis, and Felix Frankfurter, and Judge Learned Hand. Readings on the future of American law explore the impact of alternative dispute resolution, science and technology, globalization, and space exploration, as well as trends in the legal profession and in legal philosophy.
Author: Neil K. Komesar
Publisher: Cambridge University Press
ISBN: 9780521000864
Category : Law
Languages : en
Pages : 220
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Book Description
This 2002 book demonstrates how property law and rights shift and cycle in the US.
Author: Professor Sue Farran
Publisher: Ashgate Publishing, Ltd.
ISBN: 1472460405
Category : Law
Languages : en
Pages : 257
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Book Description
This collection contributes to the wider theoretical debate concerning the movement of law and legal norms by engaging with concrete examples of legal diffusion in jurisdictions as diverse as Albania, the Czech Republic, Poland and Kuwait. The volume is international, multi-disciplinary and multi-methodological in approach and brings together scholars from law and social science with experience in mixed and hybrid jurisdictions. The book provides timely new insights and a comprehensive illustration of the theoretical debates concerning the diffusion of laws and norms in terms of both process and form.
Author: Edmund L. Pincoffs
Publisher:
ISBN:
Category : Philosophy
Languages : en
Pages : 208
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Book Description
Author: Aimee M. Bissonette, J.D.
Publisher: Corwin Press
ISBN: 1452273111
Category : Education
Languages : en
Pages : 129
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Book Description
"Bissonette has made an extremely important contribution to the technology leadership literature. School leaders face extraordinary challenges as they balance student empowerment with organizational responsibility. This book′s clear guidance, real-life scenarios, and practical tips help administrators navigate those shoals effectively." —Scott McLeod, Associate Professor and Director UCEA Center for the Advanced Study of Technology Leadership in Education Protect students and staff by ensuring the appropriate, ethical use of technology! Concerned that the fast-evolving technology used to empower students also puts the school at risk? The legal issues that affect today′s classrooms require a heightened awareness and understanding of Internet safety and cyber law. This timely reference is an essential overview for teachers, media specialists, and administrators covering legal issues related to Internet and technology use. Lawyer and educational policy expert Aimée M. Bissonette provides up-to-date research, jargon-free summaries of legal cases illustrating potentially risky classroom situations, and proactive strategies on: Privacy, security, copyright, liability, and safety Internet tools, social networking sites, cyberbullying, and appropriate online behavior The use of non-school electronics such as cell phones, handheld computers, and cameras With sample policies, procedures, permission forms, and contract language, Cyber Law turns complicated legal concepts into concrete ideas that will help schools act responsibly and anticipate new developments.
Author: Steven D. Smith
Publisher: University of Notre Dame Pess
ISBN: 0268201196
Category : Law
Languages : en
Pages : 349
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Book Description
Fictions, Lies, and the Authority of Law discusses legal, political, and cultural difficulties that arise from the crisis of authority in the modern world. Is there any connection linking some of the maladies of modern life—“cancel culture,” the climate of mendacity in public and academic life, fierce conflicts over the Constitution, disputes over presidential authority? Fictions, Lies, and the Authority of Law argues that these diverse problems are all a consequence of what Hannah Arendt described as the disappearance of authority in the modern world. In this perceptive study, Steven D. Smith offers a diagnosis explaining how authority today is based in pervasive fictions and how this situation can amount to, as Arendt put it, “the loss of the groundwork of the world.” Fictions, Lies, and the Authority of Law considers a variety of problems posed by the paradoxical ubiquity and absence of authority in the modern world. Some of these problems are jurisprudential or philosophical in character; others are more practical and lawyerly—problems of presidential powers and statutory and constitutional interpretation; still others might be called existential. Smith’s use of fictions as his purchase for thinking about authority has the potential to bring together the descriptive and the normative and to think about authority as a useful hypothesis that helps us to make sense of the empirical world. This strikingly original book shows that theoretical issues of authority have important practical implications for the kinds of everyday issues confronted by judges, lawyers, and other members of society. The book is aimed at scholars and students of law, political science, and philosophy, but many of the topics it addresses will be of interest to politically engaged citizens.
Author: Akhil Prasad
Publisher: Universal Law Publishing
ISBN: 9788175347755
Category : Copyright
Languages : en
Pages : 440
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Book Description
