Author:
Publisher:
ISBN:
Category : Culture and law
Languages : en
Pages : 334

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Author: Hersch Lauterpacht
Publisher: Cambridge University Press
ISBN: 1107609437
Category : Law
Languages : en
Pages : 505

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Book Description
Originally published by Hersch Lauterpacht in 1947, this book presents a detailed study of recognition in international law, examining its crucial significance in relation to statehood, governments and belligerency. The author develops a strong argument for positioning recognition within the context of international law, reacting against the widely accepted conception of it as an area of international politics. Numerous examples of the use of law and conscious adherence to legal principle in the practice of states are used to give weight to this perspective. This paperback re-issue in 2012 includes a newly commissioned Foreword by James Crawford, Whewell Professor of International Law at the University of Cambridge and a Fellow of Jesus College, Cambridge.

Author: Guido Calabresi
Publisher: Yale University Press
ISBN: 0300216262
Category : Law
Languages : en
Pages : 248

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Book Description
In a concise, compelling argument, one of the founders and most influential advocates of the law and economics movement divides the subject into two separate areas, which he identifies with Jeremy Bentham and John Stuart Mill. The first, Benthamite, strain, “economic analysis of law,” examines the legal system in the light of economic theory and shows how economics might render law more effective. The second strain, law and economics, gives equal status to law, and explores how the more realistic, less theoretical discipline of law can lead to improvements in economic theory. It is the latter approach that Judge Calabresi advocates, in a series of eloquent, thoughtful essays that will appeal to students and scholars alike.

Author: Austin Sarat
Publisher: Cambridge University Press
ISBN: 0521899052
Category : Education
Languages : en
Pages : 553

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Book Description
A review and analysis of existing scholarship on the different national traditions and on the various modes and subjects of law and humanities.

Author: Carol M. Rose
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 28

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Author: Samuel Moyn
Publisher: University of Pennsylvania Press
ISBN: 0812292774
Category : Political Science
Languages : en
Pages : 258

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Book Description
In Christian Human Rights, Samuel Moyn asserts that the rise of human rights after World War II was prefigured and inspired by a defense of the dignity of the human person that first arose in Christian churches and religious thought in the years just prior to the outbreak of the war. The Roman Catholic Church and transatlantic Protestant circles dominated the public discussion of the new principles in what became the last European golden age for the Christian faith. At the same time, West European governments after World War II, particularly in the ascendant Christian Democratic parties, became more tolerant of public expressions of religious piety. Human rights rose to public prominence in the space opened up by these dual developments of the early Cold War. Moyn argues that human dignity became central to Christian political discourse as early as 1937. Pius XII's wartime Christmas addresses announced the basic idea of universal human rights as a principle of world, and not merely state, order. By focusing on the 1930s and 1940s, Moyn demonstrates how the language of human rights was separated from the secular heritage of the French Revolution and put to use by postwar democracies governed by Christian parties, which reinvented them to impose moral constraints on individuals, support conservative family structures, and preserve existing social hierarchies. The book ends with a provocative chapter that traces contemporary European struggles to assimilate Muslim immigrants to the continent's legacy of Christian human rights.

Author: Justin Driver
Publisher: Vintage
ISBN: 0525566961
Category : Law
Languages : en
Pages : 578

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Book Description
A Washington Post Notable Book of the Year A New York Times Book Review Editors’ Choice An award-winning constitutional law scholar at the University of Chicago (who clerked for Judge Merrick B. Garland, Justice Stephen Breyer, and Justice Sandra Day O’Connor) gives us an engaging and alarming book that aims to vindicate the rights of public school stu­dents, which have so often been undermined by the Supreme Court in recent decades. Judicial decisions assessing the constitutional rights of students in the nation’s public schools have consistently generated bitter controversy. From racial segregation to un­authorized immigration, from antiwar protests to compul­sory flag salutes, from economic inequality to teacher-led prayer—these are but a few of the cultural anxieties dividing American society that the Supreme Court has addressed in elementary and secondary schools. The Schoolhouse Gate gives a fresh, lucid, and provocative account of the historic legal battles waged over education and illuminates contemporary disputes that continue to fracture the nation. Justin Driver maintains that since the 1970s the Supreme Court has regularly abdicated its responsibility for protecting students’ constitutional rights and risked trans­forming public schools into Constitution-free zones. Students deriving lessons about citizenship from the Court’s decisions in recent decades would conclude that the following actions taken by educators pass constitutional muster: inflicting severe corporal punishment on students without any proce­dural protections, searching students and their possessions without probable cause in bids to uncover violations of school rules, random drug testing of students who are not suspected of wrongdoing, and suppressing student speech for the view­point it espouses. Taking their cue from such decisions, lower courts have upheld a wide array of dubious school actions, including degrading strip searches, repressive dress codes, draconian “zero tolerance” disciplinary policies, and severe restrictions on off-campus speech. Driver surveys this legal landscape with eloquence, highlights the gripping personal narratives behind landmark clashes, and warns that the repeated failure to honor students’ rights threatens our basic constitutional order. This magiste­rial book will make it impossible to view American schools—or America itself—in the same way again.

Author: Anthony T. Kronman
Publisher: Yale University Press
ISBN: 0300138164
Category : Education
Languages : en
Pages : 320

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This book describes the ever-escalating dangers to which Jewish refugees and recent immigrants were subjected in France and Italy as the Holocaust marched forward. Susan Zuccotti uncovers a gruelling yet complex history of suffering and resilience through historical documents and personal testimonies from members of nine central and eastern European Jewish families, displaced to France in the opening years of the Second World War. The chronicle of their lives reveals clearly that these Jewish families experienced persecution of far greater intensity than citizen Jews or longtime resident immigrants. The odyssey of the nine families took them from hostile Vichy France to the Alpine village of Saint-Martin-Vesubie and on to Italy, where German soldiers rather than hoped-for Allied troops awaited. Those who crossed over to Italy were either deported to Auschwitz or forced to scatter in desperate flight. Zuccotti brings to light the agonies of the refugees' unstable lives, the evolution of French policies toward Jews, the reasons behind the flight from the relative idyll of Saint-Martin-Vesubie, and the choices that confronted those who arrived in Italy. Powerful archival evidence frames this history, while firsthand reports underscore the human cost of the nightmarish years of persecution.

Author: James Boyd White
Publisher: University of Chicago Press
ISBN: 0226894932
Category : Law
Languages : en
Pages : 328

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Book Description
White extends his theory of law as constitutive rhetoric, asking how one may criticize the legal culture and the texts within it. "A fascinating study of the language of the law. . . . This book is to be highly recommended: certainly, for those who find the time to read it, it will broaden the mind, and give lawyers a new insight into their role."—New Law Journal

Author: Anne C. Dailey
Publisher: Yale University Press
ISBN: 0300188838
Category : Law
Languages : en
Pages : 304

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Book Description
How do we bring the law into line with people's psychological experience? How can psychoanalysis help us understand irrational actions and bad choices? Our legal system relies on the idea that people act reasonably and of their own free will, yet some still commit crimes with a high likelihood of being caught, sign obviously one-sided contracts, or violate their own moral codes--behavior many would call fundamentally irrational. Anne Dailey shows that a psychoanalytic perspective grounded in solid clinical work can bring the law into line with the reality of psychological experience. Approaching contemporary legal debates with fresh insights, this original and powerful critique sheds new light on issues of overriding social importance, including false confessions, sexual consent, threats of violence, and criminal responsibility. By challenging basic legal assumptions with a nuanced and humane perspective, Dailey shows how psychoanalysis can further our legal system's highest ideals of individual fairness and systemic justice.