Search results for: laws-abnegation

Law s Abnegation

Author : Adrian Vermeule
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Adrian Vermeule argues that the arc of law has bent steadily toward deference to the administrative state, which has greater democratic legitimacy and technical competence to confront issues such as climate change, terrorism, and biotechnology. The state did not shove lawyers and judges out of the way; they moved freely to the margins of power.

The Public s Law

Author : Blake Emerson
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The Public's Law is a theory and history of democracy in the American administrative state. The book describes how American Progressive thinkers - such as John Dewey, W.E.B. Du Bois, and Woodrow Wilson - developed a democratic understanding of the state from their study of Hegelian political thought. G.W.F. Hegel understood the state as an institution that regulated society in the interest of freedom. This normative account of the state distinguished his view from later German theorists, such as Max Weber, who adopted a technocratic conception of bureaucracy, and others, such as Carl Schmitt, who prioritized the will of the chief executive. The Progressives embraced Hegel's view of the connection between bureaucracy and freedom, but sought to democratize his concept of the state. They agreed that welfare services, economic regulation, and official discretion were needed to guarantee conditions for self-determination. But they stressed that the people should participate deeply in administrative policymaking. This Progressive ideal influenced administrative programs during the New Deal. It also sheds light on interventions in the War on Poverty and the Second Reconstruction, as well as on the Administrative Procedure Act of 1946. The book develops a normative theory of the state on the basis of this intellectual and institutional history, with implications for deliberative democratic theory, constitutional theory, and administrative law. On this view, the administrative state should provide regulation and social services through deliberative procedures, rather than hinge its legitimacy on presidential authority or economistic reasoning.

Justice Accused

Author : Robert M. Cover
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What should a judge do when he must hand down a ruling based on a law that he considers unjust or oppressive? This question is examined through a series of problems concerning unjust law that arose with respect to slavery in nineteenth-century America. "Cover's book is splendid in many ways. His legal history and legal philosophy are both first class. . . . This is, for a change, an interdisciplinary work that is a credit to both disciplines."--Ronald Dworkin, Times Literary Supplement "Scholars should be grateful to Cover for his often brilliant illumination of tensions created in judges by changing eighteenth- and nineteenth-century jurisprudential attitudes and legal standards. . . An exciting adventure in interdisciplinary history."--Harold M. Hyman, American Historical Review "A most articulate, sophisticated, and learned defense of legal formalism. . . Deserves and needs to be widely read."--Don Roper, Journal of American History "An excellent illustration of the way in which a burning moral issue relates to the American judicial process. The book thus has both historical value and a very immediate importance."--Edwards A. Stettner, Annals of the American Academy of Political and Social Science "A really fine book, an important contribution to law and to history."--Louis H. Pollak

Meditations for Every Day in the Year

Author : N. B.
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Self abnegation in Politics

Author : R. B. Lal Chand
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The Common Law Inside the Female Body

Author : Anita Bernstein
File Size : 85.3 MB
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In The Common Law Inside the Female Body, Anita Bernstein explains why lawyers seeking gender progress from primary legal materials should start with the common law. Despite its reputation for supporting conservatism and inequality, today's common law shares important commitments with feminism, namely in precepts and doctrines that strengthen the freedom of individuals and from there the struggle against the subjugation of women. By re-invigorating both the common law - with a focus on crimes, contracts, torts, and property - and feminist jurisprudence, this highly original work anticipates a vital future for a pair of venerable jurisprudential traditions. It should be read by anyone interested in understanding how the common law delivers an extraordinary degree of liberty and security to all persons - women included.

The Esoteric

Author : Hiram Erastus Butler
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Stanford Law Review

Author :
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Theou Sophia

Author : Holden Edward Sampson
File Size : 75.96 MB
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The American and English Encyclop dia of Law

Author : David Shephard Garland
File Size : 75.99 MB
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The Royal Dictionary French and English and English and French

Author : Abel Boyer
File Size : 71.46 MB
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The American and English Encyclopedia of Law

Author : David Shephard Garland
File Size : 49.33 MB
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The Province of Administrative Law

Author : Michael Taggart
File Size : 80.10 MB
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This book draws upon the experiences of several jurisdictions to analyse the scope, development and future of administrative law.

Justice in Dismissal

Author : Hugh Collins
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The author elucidates the general legal rules and principles of the law of unfair dismissal and offers an account of the context in which the idea of protection from unfair dismissal has developed and currently operates.

The International Law of Recognition

Author : Ti-chiang Chen
File Size : 76.39 MB
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A Short Treatise on Canadian Constitutional Law

Author : Augustus Henry Frazer Lefroy
File Size : 51.78 MB
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Lefroy, A.H.F.A Short Treatise on Canadian Constitutional Law. With an Historical Introduction by W.P.M. Kennedy. Toronto: The Carswell Company, 1918. xlvii, 322 pp. Reprinted 2008 by The Lawbook Exchange, Ltd. ISBN-13: 978-1-58477-777-9. ISBN-10: 1-58477-777-X. Cloth. $95.* Conceived for non-Canadian lawyers and students at colleges and law schools, this is a treatise on the constitution that governed Canada from 1867 to 1982, when it achieved complete political independence. The foremost interpreter of the Canadian constitution in his day, Lefroy [1852-1919] was an important Canadian jurist who helped to draft several principal amendments to Canada's constitution. " Mr. Lefroy has written a valuable and informative book. (...) His work, on its scale, is a model for American lawyers to emulate.": H.J.L., Harvard Law Review 32 (1918-19) 583.

The Neuropsychological Analysis of Problem Solving

Author : Luria
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For any of us, problem solving is a daily event. For some, it is a major task. This historical book puts to use neuropsychological methods to analyze the process of problem solving. Experience shows that the process is psychologically so complicated that standard methods established in pedagogy and psychology are insufficient to precisely determine individual factors hindering effective problem solving. The authors present techniques for rehabilitation training which could compensate for the impairments observed in individual cases. Luria's work has transformed rehabilitation training, enabling the evaluation of rehabilitation principles and methods. Luria's thinking and conceptual style reflect his genius and rich understanding of brain-behavior relationships. As those who have read it agree, Luria demonstrates remarkable insight with his complex analysis and his qualitative analysis is "breathtaking."

Theology for International Law

Author : Esther D. Reed
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Whilst Christian theology is familiar with questions about the relation of church and state, divine and human law, little attention has been devoted to questions of international law. Esther D. Reed offers a systematic engagement with contemporary issues of international law and its relevance for modern theology. Reed discusses numerous issue driven topics, including: challenges to classic just-war thinking from so-called fourth generation warfare, peoples and nationhood within divine providence, the ethics of territorial borders and the militarization of human intervention. By discussing selected biblical texts Reed helps to move the issues of international law higher up the agenda of Christian theology, ethics and moral reasoning.

The Central Law Journal

Author :
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Vols. 65-96 include "Central law journal's international law list."

Human Rights and Scots Law

Author : Alan Boyle
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This book,written by a team of academics, judges and distinguished practitioners from the UK and abroad discusses the implications of the incorporation of the ECHR into Scots law. The contributors consider the impact of the Human Rights Act in light of the new constitutional settlement for Scotland and their experiences of other rights regimes in Europe, the Commonwealth, and the United States. The contributions span the fields of Private, Public, European Community and Comparative law and draw on human rights law and practice in the UK, the European Community, Canada, New Zealand, South Africa, the United States and Sweden, where the ECHR was recently incorporated. Topics include: analyses of the Human Rights Act and Scotland Act; human rights and the law of crime, property, employment, family and private life; Scottish court practice and procedure; Scots law and the European dimension; and building a rights culture in Scotland.