Judicial Councils Vs Absolutism
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The Conseil Privé and the Parlements in the Age of Louis XIV
| Author | : Albert N. Hamscher |
| Publisher | : American Philosophical Society |
| Total Pages | : 184 |
| Release | : 1987 |
| Genre | : History |
| ISBN | : 9780871697721 |
This vol., while encompassing the entire reign of Louis XIV & all the parlements of the realm, has the narrow focus of investigating the impact of royal policy on the judicial authority of the parlements as revealed in their relations with the king's councils, notably the one that specialized in judicial affairs, the Conseil Prive. This is above all a study of the evolution of conciliar jurisprudence & judicial procedure, as much an exercise in what the French call "l'histoire du droit" as an opportunity to observe in a novel way the resolution of some of the most pressing political problems in the Age of Louis XIV. But the overall aim is to understand the practical consequences of royal absolutism for the kingdom's highest judicial institutions.
Bureaucratic Justice
| Author | : Jerry L. Mashaw |
| Publisher | : Yale University Press |
| Total Pages | : 260 |
| Release | : 1983-01-01 |
| Genre | : Law |
| ISBN | : 9780300034035 |
Anyone interested in 'good government' should read Jerry Mashaw's new book on how the social Security Administration implements congressionally mandated policy for controlled consistent distribution of disability benefits. . . . He offers an important perspective on bureaucracy that must be considered when devising procedures for not only disability determinations but also other forms of administrative adjudication.--Linda A. O'Hare, American Bar Association Journal A major contribution to the ongoing debate about administrative law and mass justice.--Lance Liebman and Richard B. Stewart, Harvard Law Review Profound implications for the future of democratic government. . . . Practical, analytical policymaking for a complex decision system of great significance to many Americans.--Paul R. Verkuil, Yale Law Journal An exceptionally valuable book for anyone who is concerned about the role of law in the administrative state. Mashaw manages to range broadly without becoming superficial, and to present a coherent and challenging theory in lively, readable prose. Bureaucratic Justice seems certain to become a standard reference work for administrative lawyers, and for anyone else who seeks the elusive goal of developing more humane and more effective public bureaucracies.--Barry Boyer, Michigan Law Review Strongly recommended for use in graduate seminars in public policy or law. . . . If we are to develop a positive model of bureaucratic competence, we must answer the insightful questions rased in this cogent book.--David L. Martin, American Political Science Review Mashaw provides an excellent analysis of middle range processes of decision making.--Gerald Turkel, Qualitative Sociology Stimulating and provocative and . . . makes a contribution to the ongoing dialogue about due process in public administration.... It is tightly organized, cogently argued, and full of pithy historical illustrations. . . . One of the best such works in many years. --Annals of the American Academy of Political and Social Science A thoughtful, challenging, and very useful book.--Choice Inspires a new direction in administrative law scholarship.--A.I. Ogus, Oxford Journal of Legal Studies
Law and Leviathan
| Author | : Cass R. Sunstein |
| Publisher | : Harvard University Press |
| Total Pages | : 209 |
| Release | : 2020-09-15 |
| Genre | : Law |
| ISBN | : 0674247531 |
From two legal luminaries, a highly original framework for restoring confidence in a government bureaucracy increasingly derided as “the deep state.” Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? Intolerable? American public law has long been riven by a persistent, serious conflict, a kind of low-grade cold war, over these questions. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed, as long as public officials are constrained by what they call the morality of administrative law. Law and Leviathan elaborates a number of principles that underlie this moral regime. Officials who respect that morality never fail to make rules in the first place. They ensure transparency, so that people are made aware of the rules with which they must comply. They never abuse retroactivity, so that people can rely on current rules, which are not under constant threat of change. They make rules that are understandable and avoid issuing rules that contradict each other. These principles may seem simple, but they have a great deal of power. Already, without explicit enunciation, they limit the activities of administrative agencies every day. But we can aspire for better. In more robust form, these principles could address many of the concerns that have critics of the administrative state mourning what they see as the demise of the rule of law. The bureaucratic Leviathan may be an inescapable reality of complex modern democracies, but Sunstein and Vermeule show how we can at last make peace between those who accept its necessity and those who yearn for its downfall.
A History of Law in Europe
| Author | : Antonio Padoa-Schioppa |
| Publisher | : Cambridge University Press |
| Total Pages | : 823 |
| Release | : 2017-08-03 |
| Genre | : History |
| ISBN | : 1107180694 |
The first English translation of a comprehensive legal history of Europe from the early middle ages to the twentieth century, encompassing both the common aspects and the original developments of different countries. As well as legal scholars and professionals, it will appeal to those interested in the general history of European civilisation.
Lineages of the Absolutist State
| Author | : Perry Anderson |
| Publisher | : Verso Books |
| Total Pages | : 582 |
| Release | : 2013-03-12 |
| Genre | : History |
| ISBN | : 1781684634 |
Forty years after its original publication, Lineages of the Absolutist State remains an exemplary achievement in comparative history. Picking up from where its companion volume, Passages from Antiquity to Feudalism, left off, Lineages traces the development of Absolutist states in the early modern period from their roots in European feudalism, and assesses their various trajectories. Why didn't Italy develop into an Absolutist state in the same, indigenous way as the other dominant Western countries, namely Spain, France and England? On the other hand, how did Eastern European countries develop into Absolutist states similar to those of the West, when their social conditions diverged so drastically? Reflecting on examples in Islamic and East Asian history, as well as the Ottoman Empire, Anderson concludes by elucidating the particular role of European development within universal history.
The Idea of Justice in Sociological Jurisprudence
| Author | : Eugene Victor Walter |
| Publisher | : |
| Total Pages | : 758 |
| Release | : 1953 |
| Genre | : Justice |
| ISBN | : |
The Myth of Absolutism
| Author | : Nicholas Henshall |
| Publisher | : Routledge |
| Total Pages | : 256 |
| Release | : 2014-06-06 |
| Genre | : History |
| ISBN | : 1317899547 |
Conventionally, ``absolutism'' in early-modern Europe has suggested unfettered autocracy and despotism -- the erosion of rights, the centralisation of decision-making, the loss of liberty. Everything, in a word, that was un-British but characteristic of ancien-regime France. Recently historians have questioned such comfortably simplistic views. This lively investigation of ``absolutism'' in action -- continent-wide but centred on a detailed comparison of France and England -- dissolves the traditional picture to reveal a much more complex reality; and in so doing illuminates the varied ways in which early-modern Europe was governed.
Reason and Fairness
| Author | : Ulrike Müßig |
| Publisher | : BRILL |
| Total Pages | : 676 |
| Release | : 2019-07-08 |
| Genre | : Law |
| ISBN | : 9004393722 |
Reason and Fairness offers a comparative history of the functionality of ordinary judicial competences, contemporary findings of its protective needs in the court internal and external spheres and completed by means of raising historical arguments in modern conventional law.
Supreme Courts Under Pressure
| Author | : Pablo Bravo-Hurtado |
| Publisher | : Springer Nature |
| Total Pages | : 232 |
| Release | : 2021-03-13 |
| Genre | : Law |
| ISBN | : 303063731X |
This book discusses civil litigation at the supreme courts of nine jurisdictions – Argentina, Austria, Croatia, England and Wales, France, Germany, Italy, Spain and the United States – and focuses on the available instruments used to keep the caseload of these courts within acceptable limits. Such instruments are necessary in order to allow supreme courts to fulfil their main duties, that is, the administration of justice in individual cases (private function) and providing for the uniformity and development of the law within their respective jurisdictions (public function). If the number of cases at the supreme court level is too high, the result is undue delays, which are mainly problematic with regard to the private function. It may also put the quality of the court’s judgments under pressure, which can affect its public and private function alike. Thus, measures aimed at avoiding excessive caseloads need to take both functions into account. Increasing the capacity of the court to handle larger numbers of cases may result in the court being unable to adequately fulfil its public function, since large numbers of court decisions make it difficult to guarantee the uniformity of the law and its development. Therefore, a balanced approach is needed to safeguard capacity and quality. As shown by the contributions gathered here, the nature of reform in this area is not the same everywhere. There are a variety of reasons for this heterogeneity, ranging from different understandings of the caseload problem itself, local conceptions regarding the purpose of the Supreme Court, and strong entitlements concerning the right to appeal to budgetary restrictions and extremely rigid legislation. The book also shows that the implementation of similar solutions to case overload, such as access filters, may have different effects in different jurisdictions. The conclusion might well be that the problem of overburdened courts is multifactorial and context-dependent, and that easy, one-size-fits-all solutions are hard to find and perhaps even harder to implement.
