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Author: Brian M. McCall
Publisher: University of Notre Dame Pess
ISBN: 0268103364
Category : Law
Languages : en
Pages : 475
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Book Description
This book argues that classical natural law jurisprudence provides a superior answer to the questions “What is law?” and “How should law be made?” rather than those provided by legal positivism and “new” natural law theories. What is law? How should law be made? Using St. Thomas Aquinas’s analogy of God as an architect, Brian McCall argues that classical natural law jurisprudence provides an answer to these questions far superior to those provided by legal positivism or the “new” natural law theories. The Architecture of Law explores the metaphor of law as an architectural building project, with eternal law as the foundation, natural law as the frame, divine law as the guidance provided by the architect, and human law as the provider of the defining details and ornamentation. Classical jurisprudence is presented as a synthesis of the work of the greatest minds of antiquity and the medieval period, including Cicero, Aristotle, Gratian, Augustine, and Aquinas; the significant texts of each receive detailed exposition in these pages. Along with McCall’s development of the architectural image, he raises a question that becomes a running theme throughout the book: To what extent does one need to know God to accept and understand natural law jurisprudence, given its foundational premise that all authority comes from God? The separation of the study of law from knowledge of theology and morality, McCall argues, only results in the impoverishment of our understanding of law. He concludes that they must be reunited in order for jurisprudence to flourish. This book will appeal to academics, students in law, philosophy, and theology, and to all those interested in legal or political philosophy.
Author: Brian M. McCall
Publisher: University of Notre Dame Pess
ISBN: 0268103364
Category : Law
Languages : en
Pages : 475
Get Book Here
Book Description
This book argues that classical natural law jurisprudence provides a superior answer to the questions “What is law?” and “How should law be made?” rather than those provided by legal positivism and “new” natural law theories. What is law? How should law be made? Using St. Thomas Aquinas’s analogy of God as an architect, Brian McCall argues that classical natural law jurisprudence provides an answer to these questions far superior to those provided by legal positivism or the “new” natural law theories. The Architecture of Law explores the metaphor of law as an architectural building project, with eternal law as the foundation, natural law as the frame, divine law as the guidance provided by the architect, and human law as the provider of the defining details and ornamentation. Classical jurisprudence is presented as a synthesis of the work of the greatest minds of antiquity and the medieval period, including Cicero, Aristotle, Gratian, Augustine, and Aquinas; the significant texts of each receive detailed exposition in these pages. Along with McCall’s development of the architectural image, he raises a question that becomes a running theme throughout the book: To what extent does one need to know God to accept and understand natural law jurisprudence, given its foundational premise that all authority comes from God? The separation of the study of law from knowledge of theology and morality, McCall argues, only results in the impoverishment of our understanding of law. He concludes that they must be reunited in order for jurisprudence to flourish. This book will appeal to academics, students in law, philosophy, and theology, and to all those interested in legal or political philosophy.
Author: Linda Mulcahy
Publisher: Routledge
ISBN: 1136862196
Category : Architecture
Languages : en
Pages : 221
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Book Description
Legal Architecture addresses how the environment in which the trial takes place can be seen as a physical expression of our relationship with ideals of justice; as it approaches the history of courthouse design as a reflection of the troubled history of notions of due process.
Author: Kathryn Horste
Publisher: University of Michigan Press
ISBN: 9780472107490
Category : Architecture
Languages : en
Pages : 172
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Book Description
A delightful guidebook to one of Michigan's architectural gems
Author: David Frydrych
Publisher: Springer Nature
ISBN: 3030760391
Category : Philosophy
Languages : en
Pages : 312
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Book Description
What is a right? What, if anything, makes rights different from other features of the normative world, such as duties, standards, rules, or principles? Do all rights serve some ultimate purpose? In addition to raising these questions, philosophers and jurists have long been aware that different senses of ‘a right’ abound. To help make sense of this diversity, and to address the above questions, they developed two types of accounts of rights: models and theories. This book explicates rights modelling and theorising and scrutinises their methodological underpinnings. It then challenges this framework by showing why the theories ought to be abandoned. In addition to exploring structural concerns, the book also addresses the various ways that rights can be used. It clarifies important differences between rights exercise, enforcement, remedying, and vindication, and identifies forms of legal rights-claiming and rights-invoking outside of institutional contexts.
Author: Kirsty Duncanson
Publisher: Routledge
ISBN: 0429594798
Category : Architecture
Languages : en
Pages : 174
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Book Description
This collection interrogates relationships between court architecture and social justice, from consultation and design to the impact of material (and immaterial) forms on court users, through the lenses of architecture, law, socio-legal studies, criminology, anthropology, and a former senior federal judge. International multidisciplinary collaborations and single-author contributions traverse a range of methodological approaches to present new insights into the relationship between architecture, design, and justice. These include praxis, photography, reflections on process and decolonising practice, postcolonial, feminist, and poststructural analysis, and theory from critical legal scholarship, political science, criminology, literature, sociology, and architecture. While the opening contributions reflect on establishing design principles and architectural methodologies for ethical consultation and collaboration with communities historically marginalised and exploited by law, the central chapters explore the textures and affects of built forms and the spaces between; examining the disjuncture between design intention and use; and investigating the impact of architecture and the design of space. The collection finishes with contemplations of the very real significance of material presence or absence in courtroom spaces and what this might mean for justice. Courthouse Architecture, Design and Social Justice provides tools for those engaged in creating, and reflecting on, ethical design and building use, and deepens the dialogue across disciplinary boundaries towards further collaborative work in the field. It also exists as a new resource for research and teaching, facilitating undergraduate critical thought about the ways in which design enhances and restricts access to justice.
Author: Justin Sweet
Publisher: Cengage Learning
ISBN: 9781111578718
Category : Technology & Engineering
Languages : en
Pages : 1088
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Book Description
The primary focus of this text is to provide a bridge for students between the academic world and the real world. This bridge is built through an understanding of what is law, how law is created, how law affects almost every activity of human conduct, and how legal institutions operate. Intended mainly for architectural and engineering students, but increasingly for those in business schools and law schools, this text features a clear, concise, and jargon-free presentation. It probes beneath the surface of legal rules and uncovers why these rules developed as they did, outlines arguments for and against these rules, and examines how they work in practice. Updated with the most recent developments in the legal aspects of architectural, engineering, and the construction processes, this text is also a valuable reference for practitioners and has been cited in over twenty-five court decisions. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.
Author: Hadeel S. Abu Hussein
Publisher: Routledge
ISBN: 1000486052
Category : Law
Languages : en
Pages : 181
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Book Description
This book provides a comprehensive examination of land law for Arab Palestinians under Israeli law. Land is one of the core resources of human existence, development and activity. Therefore, it is also a key basis of political power and of social and economic status. Land regimes and planning regulations play a dynamic role in deciding how competing claims over resources will be resolved. According to legal geography, spatial ordering impacts legal regimes; whilst legal rules form social and human space. Through the lenses of international law, colonisation and legal geography, the book examines the land regime in Israel. More specifically, it endeavours to understand the spatial strategies adopted by Israel to organise the entire territorial expanse of the country as Jewish, while also excluding Arab Palestinian citizens of Israel and residents of East Jerusalem from the landscape. The book then details how the systematic nature and processes of marginalisation are mapped out across the civil, political and socio-economic landscape. This monograph will be of interest to international legal theorists, legal geographers, land lawyers and human rights practitioners and students; as well as to international scholars, NGOs and others focusing on the Israeli–Palestinian conflict.
Author: BEVERLEY M. MCLACHLIN
Publisher:
ISBN: 9780433504979
Category :
Languages : en
Pages :
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Book Description
Author: Blake Emerson
Publisher: Oxford University Press, USA
ISBN: 0190682876
Category : Law
Languages : en
Pages : 289
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Book Description
Based on author's thesis (doctoral - Yale University, 2016) issued under title: Between public law and public sphere: reconstructing the American Progressive theory of the administrative state.
Author: John Wevill
Publisher: Routledge
ISBN: 100072669X
Category : Architecture
Languages : en
Pages : 309
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Book Description
Intensely practical and clearly written, Law in Practice: the RIBA Legal Handbook is the RIBA’s jargon-free, professional guide to the law as it relates to a construction project. It addresses all the fundamental, up-to-date issues of contemporary construction law, allowing architects to make sound judgements, avoid disputes, and run projects on a safer basis. This new edition has been fully updated to reflect the new RIBA Plan of Work 2013 – the industry’s framework for construction projects – as well as recent case law and other legal updates that the practising architect needs to be aware of. Why does an appointment need to be written? Why does language matter? What is a novation? What does an overall cap on liability mean, and how can you convince a client to agree one? How do you assess an extension of time? When should you notify your insurer of a potential claim? Law in Practice answers all of these questions and many more.
