• Law

Toward a New Legal Common Sense

Law, Globalization, and Emancipation
Author: Boaventura de Sousa Santos
Publisher: Cambridge University Press
ISBN: 9780406949974
Category: Law
Page: 565
View: 2842
The text emphasises a need for reconstruction of legality based on locality, nationality and globality.

    • Law

Pure Theory of Law


Author: Hans Kelsen
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584775785
Category: Law
Page: 356
View: 9637
Kelsen, Hans. Pure Theory of Law. Translation from the Second German Edition by Max Knight. Berkeley: University of California Press, 1967. x, 356 pp. Reprinted 2005 by The Lawbook Exchange, Ltd. ISBN 1-58477-578-5. Paperbound. $36.95 * Second revised and enlarged edition, a complete revision of the first edition published in 1934. A landmark in the development of modern jurisprudence, the pure theory of law defines law as a system of coercive norms created by the state that rests on the validity of a generally accepted Grundnorm, or basic norm, such as the supremacy of the Constitution. Entirely self-supporting, it rejects any concept derived from metaphysics, politics, ethics, sociology, or the natural sciences. Beginning with the medieval reception of Roman law, traditional jurisprudence has maintained a dual system of "subjective" law (the rights of a person) and "objective" law (the system of norms). Throughout history this dualism has been a useful tool for putting the law in the service of politics, especially by rulers or dominant political parties. The pure theory of law destroys this dualism by replacing it with a unitary system of objective positive law that is insulated from political manipulation. Possibly the most influential jurisprudent of the twentieth century, Hans Kelsen [1881-1973] was legal adviser to Austria's last emperor and its first republican government, the founder and permanent advisor of the Supreme Constitutional Court of Austria, and the author of Austria's Constitution, which was enacted in 1920, abolished during the Anschluss, and restored in 1945. The author of more than forty books on law and legal philosophy, he is best known for this work and General Theory of Law and State. Also active as a teacher in Europe and the United States, he was Dean of the Law Faculty of the University of Vienna and taught at the universities of Cologne and Prague, the Institute of International Studies in Geneva, Harvard, Wellesley, the University of California at Berkeley, and the Naval War College.Also available in cloth.

    • Law

The Common Law Tradition

Deciding Appeals
Author: Karl N. Llewellyn
Publisher: Quid Pro Books
ISBN: 1610273001
Category: Law
Page: 434
View: 9271

    • Business & Economics

The Commonsense of Political Economy

Volume One
Author: Philip H. Wicksteed
Publisher: Routledge
ISBN: 1136510303
Category: Business & Economics
Page: 432
View: 9091
First Published in 2003. Routledge is an imprint of Taylor & Francis, an informa company.

    • Political Science

If God Were a Human Rights Activist


Author: Boaventura de Sousa Santos
Publisher: Stanford University Press
ISBN: 0804795037
Category: Political Science
Page: 152
View: 1477
We live in a time when the most appalling social injustices and unjust human sufferings no longer seem to generate the moral indignation and the political will needed both to combat them effectively and to create a more just and fair society. If God Were a Human Rights Activist aims to strengthen the organization and the determination of all those who have not given up the struggle for a better society, and specifically those that have done so under the banner of human rights. It discusses the challenges to human rights arising from religious movements and political theologies that claim the presence of religion in the public sphere. Increasingly globalized, such movements and the theologies sustaining them promote discourses of human dignity that rival, and often contradict, the one underlying secular human rights. Conventional or hegemonic human rights thinking lacks the necessary theoretical and analytical tools to position itself in relation to such movements and theologies; even worse, it does not understand the importance of doing so. It applies the same abstract recipe across the board, hoping that thereby the nature of alternative discourses and ideologies will be reduced to local specificities with no impact on the universal canon of human rights. As this strategy proves increasingly lacking, this book aims to demonstrate that only a counter-hegemonic conception of human rights can adequately face such challenges.

    • Business & Economics

Law and Economics with Chinese Characteristics

Institutions for Promoting Development in the Twenty-First Century
Author: David Kennedy,Joseph E. Stiglitz
Publisher: Oxford University Press
ISBN: 0199698546
Category: Business & Economics
Page: 615
View: 8712
This volume examines the role of law in economic development. It focuses on China and analyzes how the development policies and institutional characteristics of the emerging Chinese market economy might aid policymakers, in developed and developing countries, to create and reform frameworks to achieve equitable and sustained development.

    • Business & Economics

The Law


Author: Frederic Bastiat
Publisher: Cosimo, Inc.
ISBN: 1596059648
Category: Business & Economics
Page: 68
View: 1473
French political libertarian and economist CLAUDE FRDRIC BASTIAT (1801-1850) was one of the most eloquent champions of the concept that property rights and individual freedoms flowed from natural law. Here, in this 1850 classic, a powerful refutation of Karl Marx's Communist Manifesto, published two years earlier, Bastiat discusses: . what is law? . why socialism constitutes legal plunder . the proper function of the law . the law and morality . "the vicious circle of socialism" . the basis for stable government . and more.

    • Law

Law as a Gendering Practice


Author: Dorothy E. Chunn,Dany Lacombe
Publisher: Don Mills, Ont. : Oxford University Press
ISBN: 9780195412956
Category: Law
Page: 250
View: 2908
This book comes about as a result of the problems that face contemporary feminists who teach, research, and write about the law. The goal of the editors in this volume is to build on, and empirically flesh out, the feminist argument that law cannot be thought of as simply a determining force in the defining of 'woman,' but the law must be thought of as a site of struggle. Traditionally, feminist research takes the view that law produces effects that discipline, control, and regulate women. This book will avoid these depictions of law as a malevolent actor, and will instead concentrate on the struggles over meanings about gender. The editors and contributors to this volume explore and analyze law as a 'gendering practice.' This 'gendering practice' assumes that law is a practice that interacts with other practices to produce meanings about gender. The editors' analysis focuses on and illustrates the complex and often contradictory workings of legal discourse. The book will demonstrate how legal discourse participates in the defining and construction of 'woman' and thereby reproduces the social relations of power that we find in contemporary law. While they may focus on diverse aspects of the law, all of the contributors address the same issue in their respective analyses: how legal struggles over meanings about gender are reproduced, legitimized, and refashioned.

    • Law

Legal Pluralism in Indonesia

Bridging the Unbridgeable
Author: Ratno Lukito
Publisher: Routledge
ISBN: 0415673429
Category: Law
Page: 271
View: 3398
With the revival of Islamic law and adat (customary) law in the country, this book investigates the history and phenomenon of legal pluralism in Indonesia. It looks at how the ideal of modernity in Indonesia has been characterized by a state-driven effort in the post-colonial era to make the institution of law an inseparable part of national development. Focusing on the aspects of political and 'conflictual' domains of legal pluralism in Indonesia, the book discusses the understanding of the state's attitude and behaviour towards the three largest legal traditions currently operative in the society: adat law, Islamic law and civil law. The first aspect is addressed by looking at how the state specifically deals with Islamic law and adat law, while the second is analysed in terms of actual cases of private interpersonal law, such as interfaith marriage, interfaith inheritance and gendered inheritance. The book goes on to look at how socio-political factors have influenced the relations between state and non-state laws, and how the state's strategy of accommodation of legal pluralism has in fact largely depended on the extent to which those legal traditions have been able to conform to national ideology. It is a useful contribution for students and scholars of Asian Studies and Law.

    • Law

Health Law and the European Union


Author: Tamara K. Hervey,Jean V. McHale
Publisher: Cambridge University Press
ISBN: 9781139455350
Category: Law
Page: N.A
View: 5415
How does the law of the European Union affect health law and policy? At first sight, it seems limited. However, despite its restricted formal competence, the EU has recently become increasingly involved in the health field. Litigation based on EU law has resulted in a 'right to receive health care services' across national boundaries which may have huge practical implications for national health systems. The EU has promulgated legislation regulating clinical research, and the marketing of pharmaceuticals; patients' rights are affected by EU legislation on data protection and product liability; the qualifications of health care professionals are legally recognised across the EU; and the EU has acted to promote public health. This book explores the various impacts of measures of EU law on national health law and policy. Through elaboration of selected examples, the authors show that, within the EU, health law cannot be regarded as a purely national affair.

    • Law

Cases and Materials on the English Legal System


Author: Michael Zander
Publisher: Cambridge University Press
ISBN: 1139463349
Category: Law
Page: N.A
View: 1830
This title, a companion volume to The Law Making Process, is the definitive collection of cases and materials on the workings of the English legal system. Written by the foremost scholar in the field, it surveys how the law functions from the trial process (from pre-trial proceedings to the funding of trials), the role of the jury, and the legal profession. This edition takes account of all recent major legislative and judicial changes and updates the material on the established areas of the law. The book takes a 'law in context' approach, setting out those factors beyond the legal environment which impact on and inform the changes within it. The collection is required reading for all students seeking a thorough knowledge and in-depth understanding of how the English legal system operates.

    • Law

Atiyah's Accidents, Compensation and the Law


Author: Peter Cane
Publisher: Cambridge University Press
ISBN: 1139457489
Category: Law
Page: N.A
View: 7871
Since its first publication, Accidents, Compensation and the Law has been recognised as the leading treatment of the law of personal injuries compensation and the social, political and economic issues surrounding it. The seventh edition of this classic work explores recent momentous changes in personal injury law and practice and puts them into broad perspective. Most significantly, it examines developments affecting the financing and conduct of personal injury claiming: the abolition of legal aid for most personal injury claims; the increasing use of conditional fee agreements and after-the-event insurance; the meteoric rise and impending regulation of the claims management industry. Complaints that Britain is a 'compensation culture' suffering an 'insurance crisis' are investigated. New statistics on tort claims are discussed, providing fresh insights into the evolution of the tort system which, despite recent reforms, remains deeply flawed and ripe for radical reform.

    • Law

Transgender Jurisprudence

Dysphoric Bodies of Law
Author: Andrew N. Sharpe
Publisher: Routledge
ISBN: 1859416667
Category: Law
Page: 229
View: 7213
This work aims to move beyond liberal law reform to interrogate the transgender/law relation in a sustained and critical manner. Its concern is to map contemporary legal regulation of transgender bodies within a common law tradition. The specific focus is upon ideas of transgender that define the terms of this regime.

    • Political Science

The Rise of the Global Left

The World Social Forum and Beyond
Author: Boaventura De Sousa Santos
Publisher: Zed Books Ltd.
ISBN: 1848137745
Category: Political Science
Page: 400
View: 6492
Leading sociologist Boaventura de Sousa Santos makes an impassioned case for the politicisation of the World Social Forum, arguing that its full potential as a force for social, economic and political change can be achieved only by taking a stand against neo-liberal globalization, war, famine and corruption. However, since its inception in Porto Alegre in 2001, the World Social Forum has refused to adopt political positions on world events, preferring instead to provide a platform that facilitates cooperation between diverse social movements. Through a detailed analysis of the WSF's history and organization, he demonstrates that it has always been an inherently political organization, and argues that if the WSF is able to realise its potential as an institution for a new form of politics, it will become a global power to be reckoned with in the 21st century.

    • Law

Law and Globalization from Below

Towards a Cosmopolitan Legality
Author: Boaventura de Sousa Santos,César A. Rodríguez-Garavito
Publisher: Cambridge University Press
ISBN: 9780521607353
Category: Law
Page: 395
View: 1228
An unprecedented attempt to analyze the role of the law in the global movement for social justice.

    • Law

Families and the European Union

Law, Politics and Pluralism
Author: Clare McGlynn
Publisher: Cambridge University Press
ISBN: 1139457373
Category: Law
Page: N.A
View: 832
In the first book to offer a comprehensive analysis of family law in the European Union, McGlynn argues that a traditional concept of 'family' which has many adverse effects - on individuals, on families (in all their diverse forms), and indeed on the economic ambitions of the EU is forming the basis for the little-recognised and under-researched field of EU family law. This book examines three different aspects of family life - childhood, parenthood and partnerships - and critically analyses existing EU law in relation to each. It examines the emerging field of EU family law, providing a highly sceptical account of recent developments and a robust challenge to the arguments in favour of the codification of European civil law, including family law.

    • Law

Human Rights, Southern Voices

Francis Deng, Abdullahi An-Na'im, Yash Ghai and Upendra Baxi
Author: William Twining
Publisher: Cambridge University Press
ISBN: 0521113210
Category: Law
Page: 238
View: 7268
This anthology contains a variety of Southern perspectives on human rights and contemporary issues relating to Islam, African custom, constitution making and abuses of the language of human rights.

    • Social Science

The Death of Expertise

The Campaign Against Established Knowledge and Why it Matters
Author: Tom Nichols
Publisher: Oxford University Press
ISBN: 0190469439
Category: Social Science
Page: 240
View: 9064
People are now exposed to more information than ever before, provided both by technology and by increasing access to every level of education. These societal gains, however, have also helped fuel a surge in narcissistic and misguided intellectual egalitarianism that has crippled informed debates on any number of issues. Today, everyone knows everything: with only a quick trip through WebMD or Wikipedia, average citizens believe themselves to be on an equal intellectual footing with doctors and diplomats. All voices, even the most ridiculous, demand to be taken with equal seriousness, and any claim to the contrary is dismissed as undemocratic elitism. As Tom Nichols shows in The Death of Expertise, this rejection of experts has occurred for many reasons, including the openness of the internet, the emergence of a customer satisfaction model in higher education, and the transformation of the news industry into a 24-hour entertainment machine. Paradoxically, the increasingly democratic dissemination of information, rather than producing an educated public, has instead created an army of ill-informed and angry citizens who denounce intellectual achievement. Nichols has deeper concerns than the current rejection of expertise and learning, noting that when ordinary citizens believe that no one knows more than anyone else, democratic institutions themselves are in danger of falling either to populism or to technocracy-or in the worst case, a combination of both. The Death of Expertise is not only an exploration of a dangerous phenomenon but also a warning about the stability and survival of modern democracy in the Information Age.