Common law

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Author: Oliver Wendell Holmes

Publisher: N.A

ISBN: 9783428121519

Category: Common law

Page: 423

View: 2419

Understanding Jurisprudence

An Introduction to Legal Theory

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Author: Raymond Wacks

Publisher: Oxford University Press

ISBN: 0198806019

Category: Jurisprudence

Page: 407

View: 2404

Written with students in mind, Professor Raymond Wacks brings legal theory to life through his lucid and entertaining style. The author has crafted a manageable guide, balancing concise introductions to the key theorists and core issues such as punishment and rights without ignoring thesubtleties of the subject. Seminal quotes from leading scholars are included to help students recognise the impact of their work, while extensive further reading suggestions at the end of each chapter invite students to explore the broad range of literature available on central topics. Each chapter concludes with a series ofcritical questions designed to encourage reader to think analytically about the law and the key debates which surround it. This book is accompanied by online resources which includes multiple-choice questions with instant feedback to give students the chance to test their understanding.

American judicial politics

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Author: Harry P. Stumpf

Publisher: N.A

ISBN: 9780130334657

Category: Law

Page: 489

View: 4223

KEY BENEFIT: This book on the American judicial system encourages readers to seriously consider the way we think about law, politics, and society. Providing the most extensive study of jurisprudence available, it offers important perspectives for understanding how and why law works the way it does in the American political context; succinctly presents the main currents of contemporary legal thought for an in-depth study of American law and courts; endeavors to cover each and every significant subject, issue, and research area common to the subfield of law and courts in contemporary American political science; and contains exceptionally through documentation throughout. It describes and analyzes key elements of the judicial process, including the selection of judges at both the state and federal levels; the history and structure of the American judicial system; the trial process in both civil and criminal courts, the implementation of judicial decisions; and the role of the judiciary in American politics and society. It also adds material on feminist jurisprudence, racial theory, and the "new constitutive" view of law, and includes the latest findings and figures on caseflow in the U.S. Supreme Court, law school enrollments, crime statistics, and more. For political scientists, lawyers, and those interested in the American government and constitutional law.

Government by Judiciary

The Transformation of the Fourteenth Amendment

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Author: Raoul Berger

Publisher: N.A

ISBN: 9780865971448

Category: Law

Page: 555

View: 4854

The Justices, who are virtually unaccountable, irremovable, and irreversible, have taken over from the people control of their own destiny. — Raoul Berger It is the thesis of this monumentally argued book that the United States Supreme Court—largely through abuses of the Fourteenth Amendment to the Constitution—has embarked on "a continuing revision of the Constitution, under the guise of interpretation." Consequently, the Court has subverted America's democratic institutions and wreaked havoc upon Americans' social and political lives. One of the first constitutional scholars to question the rise of judicial activism in modern times, Raoul Berger points out that "the Supreme Court is not empowered to rewrite the Constitution, that in its transformation of the Fourteenth Amendment it has demonstrably done so. Thereby the Justices, who are virtually unaccountable, irremovable, and irreversible, have taken over from the people control of their own destiny, an awesome exercise of power." The Court has accomplished this transformation by ignoring or actually distorting the original intent of both the framers and the supporters of the Fourteenth Amendment. In school desegregation and legislative reapportionment cases, for example, the Court manipulated the history, meaning, and purpose of the amendment's Equal Protection Clause in order to achieve a desired political result. In cases involving First Amendment freedoms and the rights of the accused, the judges converted the Fourteenth Amendment's Due Process Clause into a vehicle for the nationalization of the Bill of Rights. Yet these actions were nothing less than "usurpations" that robbed "from the States a power that unmistakably was left to them." This new second edition includes the original text of 1977 and extensive supplementary discourses in which the author assesses and rebuts the responses of his critics. Raoul Berger retired in 1976 as Charles Warren Senior Fellow in American Legal History, Harvard University.

Law and Justice from Antiquity to Enlightenment

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Author: Robert W. Shaffern

Publisher: Rowman & Littlefield Publishers

ISBN: 1461638712

Category: History

Page: 248

View: 1595

This concise intellectual history of the law offers an accessible introduction to the development of law from ancient Babylon to eighteenth-century Europe. Robert W. Shaffern examines a rich array of sources to illuminate ideas about law and justice in Western civilization. Designed specifically for undergraduates to the subject, this book will be invaluable for introductory courses on the history of law and jurisprudence.

Supreme Court Jurisprudence in Times of National Crisis, Terrorism, and War

A Historical Perspective

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Author: Arthur H. Garrison

Publisher: Lexington Books

ISBN: 0739151029

Category: History

Page: 481

View: 3485

This book will provide the reader with a chronological review of the Supreme Court jurisprudence on the Commander-in-Chief power of the President and how the Court developed and enforced the boundaries around the height, depth, and width of that power over the past two centuries.

Social Research in the Judicial Process

Cases, Readings, and Text

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Author: Wallace D. Loh

Publisher: Russell Sage Foundation

ISBN: 9781610443678

Category: Social Science

Page: 808

View: 4091

"How to inform the judicial mind," Justice Frankfurter remarked during the school desegregation cases, "is one of the most complicated problems." Social research is a potential source of such information. Indeed, in the 1960s and 1970s, with activist courts at the forefront of social reform, the field of law and social science came of age. But for all the recent activity and scholarship in this area, few books have attempted to create an intellectual framework, a systematic introduction to applied social-legal research. Social Research in the Judicial Process addresses this need for a broader picture. Designed for use by both law students and social science students, it constructs a conceptual bridge between social research (the realm of social facts) and judicial decision making (the realm of social values). Its unique casebook format weaves together judicial opinions, empirical studies, and original text. It is a process-oriented book that teaches skills and perspectives, cultivating an informed sensitivity to the use and misuse of psychology, social psychology, and sociology in apellate and trial adjudication. Among the social-legal topics explored are school desegregation, capital punishment, jury impartiality, and eyewitness identification. This casebook is remarkable for its scope, its accessibility, and the intelligence of its conceptual integration. It provides the kind of interdisciplinary teaching framework that should eventually help lawyers to make knowledgeable use of social research, and social scientists to conduct useful research within a legally sophisticated context.

The Oxford Handbook of Law and Politics

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Author: Keith E. Whittington,R. Daniel Kelemen,Gregory A. Caldeira

Publisher: OUP Oxford

ISBN: 0191615064

Category: Political Science

Page: 832

View: 1256

The study of law and politics is one of the foundation stones of the discipline of political science, and it has been one of the most productive areas of cross-fertilization between the various subfields of political science and between political science and other cognate disciplines. This Handbook provides a comprehensive survey of the field of law and politics in all its diversity, ranging from such traditional subjects as theories of jurisprudence, constitutionalism, judicial politics and law-and-society to such re-emerging subjects as comparative judicial politics, international law, and democratization. The Oxford Handbook of Law and Politics gathers together leading scholars in the field to assess key literatures shaping the discipline today and to help set the direction of research in the decade ahead.

Homicide

Ein Jahr auf mörderischen Straßen

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Author: David Simon

Publisher: N.A

ISBN: 9783453676350

Category:

Page: 828

View: 6410

The Tokyo War Crimes Tribunal

Law, History, and Jurisprudence

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Author: David Cohen,Yuma Totani

Publisher: Cambridge University Press

ISBN: 1107119707

Category: History

Page: 562

View: 5248

Challenges the persistent orthodoxies of the Tokyo tribunal and provides a new framework for evaluating the trial, revealing its importance to international jurisprudence.

Civil Rights in American Law, History, and Politics

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Author: Austin Sarat

Publisher: Cambridge University Press

ISBN: 1107039290

Category: Law

Page: 266

View: 3541

"To pursue the concept of racial entitlement-even for the most admirable and benign of purposes-is to reinforce and preserve for future mischief the way of thinking that produced race slavery, race privilege and race hatred. In the eyes of government, we are just one race here. It is American." Justice Scalia "It never ceases to amaze me that the courts are so willing to assume that anything that is predominantly black must be inferior...Because of their distinctive histories and traditions, black schools can function as the center and symbol of black communities, and provide examples of independent black leadership, success, and achievement." Justice Thomas It is widely recognized that the idea of rights is central to America's national identity and its sense of itself.1 So powerful is our attachment to rights that some scholars see the American story as powerfully intertwined with what they label a "myth of rights."2 In this myth of rights perhaps nothing plays as important a role as the history of the mid-twentieth century struggle for civil rights for African-Americans. Brown v. Board of Education is, of course, the key moment in that struggle and it has become one of America's "sacred texts," a decision to which almost everyone pays homage even when they act in ways incompatible with its central premises.3 It is to the spirit of Brown that groups seeking recognition continuously appeal, a spirit that today plays a key role in the debate over gay marriage.4 Civil Rights in the American Story brings together the work of five distinguished scholars to critically assess the place of civil rights in the American story. This work includes examples of both the "old" and the "new" civil rights history. It uses the sources and analytics of both legal and social history"--

Reconstructing Judicial Review

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Author: Sarah Nason

Publisher: Bloomsbury Publishing

ISBN: 1509904638

Category: Law

Page: 256

View: 2935

This book offers a new interpretation of judicial review in England and Wales as being concerned with the advancement of justice and good governance, as opposed to being concerned primarily with ultra vires or common law constitutionalism. It is developed both from examining the functions and values that ought to be served by judicial review, and from analysis of empirical 'social' facts about judicial review primarily as experienced in the Administrative Court. Based on ground-up case law analysis it constructs a new taxonomy on the grounds of judicial review: mistake, procedural impropriety, ordinary common law statutory interpretation, discretionary impropriety, relevant/irrelevant considerations, breach of an ECHR protected right orequality duty, and constitutional allocation of powers, constitutional rights, or other complex constitution principles. It explains each of these grounds, what academic and judicial support there might be for them outside case law analysis, and their similarities and differences when viewed against popular existing taxonomies. It concludes that Administrative Court judges are engaged in ordinary common law statutory interpretation in approximately half of all cases, and that where discretionary judgement is involved on the part of the initial decision-maker, judges do indeed consider their task to be one of determining whether the challenged decision was justified by reasoning of adequate quality. It finds that judges apply ordinary common law principles of statutory interpretation with historical pedigrees, including assessing the initial decision-maker's reasoning with reference to statutory purpose, and sifting relevant from irrelevant considerations, including moral considerations. The result is a ground-breaking reassessment of the grounds of judicial review in England and Wales and the practice of the Administrative Court.

The Oxford Encyclopedia of American Political and Legal History

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Author: Donald T. Critchlow,Philip R. VanderMeer

Publisher: Oxford University Press

ISBN: 0199754616

Category: History

Page: 1000

View: 7686

The Oxford Encyclopedia of American Political and Legal History brings together an unparalleled wealth of information about the laws, institutions, and actors that have governed America throughout its history. Entries key political figures, important legislation and governmental institutions, broad political trends relating to elections, voting behavior, and party development, as well as key court cases, legal theories, constitutional interpretations, Supreme Court justices, and other major legal figures. Emphasizing the interconnectedness of politics and law, the more than 430 expertly written entries in the Encyclopedia provide an invaluable and in-depth overview of the development of America's political and legal frameworks.

Courts, Liberalism, and Rights

Gay Law and Politics in the United States and Canada

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Author: Jason Pierceson

Publisher: Temple University Press

ISBN: 9781592134021

Category: Law

Page: 264

View: 606

Understanding approaches to liberalism through the study of the politics of gay and lesbian rights.

In defense of the text

democracy and constitutional theory

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Author: Leslie Friedman Goldstein

Publisher: Rowman & Littlefield Publishers

ISBN: N.A

Category: Law

Page: 224

View: 2099

'...a 'must read' for all students of constitutional law, whatever their academic discipline...this excellent book accomplishes the author's purpose: it forces us to take textualism seriously.'-LEGAL STUDIES FORUM

Institutions & Public Law

Comparative Approaches

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Author: Tom Ginsburg,Robert A. Kagan

Publisher: Peter Lang

ISBN: 9780820474779

Category: Law

Page: 324

View: 1772

"Institutions & Public Law: Comparative Approaches" is a set of essays on the politics of law and courts by leading public law scholars in the United States, Europe, and Latin America. The essays share the view that understanding courts requires attention to the political dynamics that shape judicial design and authority, as well as the position of courts within the broader political system. This volume is essential reading for undergraduate and graduate courses in judicial politics.

Doing Austin Justice

The Reception of John Austin's Philosophy of Law in Nineteenth Century England

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Author: Wilfrid Rumble,John Austin

Publisher: A&C Black

ISBN: 9780826474742

Category: Philosophy

Page: 270

View: 5391

John Austin was a towering presence in nineteenth-century English jurisprudence. He lived at the centre of the utilitarian movement in London during the the 1820s and 1830s, and became its leading philosopher of law after Bentham's death (1832). Wilfred E. Rumble's book analyses Austin's work in its historical context, and shows how much of it remains viable today--including his conception of analytical jurisprudence, his sharp distinction between law and morality, and his utilitarian theory of resistance to government. The end result is a richer, more nuanced portrait of Austin's legal philosophy than his twentieth century critics have painted. Doing Austin Justice thus fills a large gap in the literature about this important figure.

American Law and the Constitutional Order

Historical Perspectives

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Author: Lawrence Meir Friedman,Harry N. Scheiber

Publisher: Harvard University Press

ISBN: 9780674025271

Category: History

Page: 581

View: 4082

This is the standard reader in American law and constitutional development. The selections demonstrate that the legal order, once defined by society, helps in molding the various forces of the social life of that society. The essays cover the entire period of the American experience, from the colonies to postindustrial society. Additions to this enlarged edition include essays by Michael Parrish on the Depression and the New Deal; Abram Chayes on the role of the judge in public law litigation; David Vogel on social regulation; Harry N. Scheiber on doctrinal legacies and institutional innovations in the relation between law and the economy; and Lawrence M. Friedman on American legal history.