Malevolent Legalities

Malevolent Legalities
Author: Kevin S. Jobe
Publisher: Rowman & Littlefield
Total Pages: 273
Release: 2024-10-29
Genre: Law
ISBN: 1683934032

Malevolent Legalities draws upon archival research conducted at the Scalia Papers at the Harvard Law School Historical and Special Collections to examine the influence of Justice Antonin Scalia’s judicial philosophy of “textualist-originalism” on the US Supreme Court’s antidiscrimination jurisprudence. The book focuses on six US Supreme Court cases, organized into two parts. The main argument of the book, grounded in archival and legal materials, is that textualist-originalism makes it lawful for discrimination to be performed through the text, and explicitly seeks to prevent progress by enacting a regime of “static law.” In Shelby County v. Holder (2013), Justice Ginsburg remarked that discrimination today behaves like the Hydra, the many-headed serpent in Ancient Greek mythology which regenerates each time its head is severed. The analysis of archival and legal materials is therefore prefaced by the development of a unique methodology for studying discrimination called discriminatology, understood as a framework for analyzing how discrimination persists through time, is performed through the text, and is a product of the manipulation of legal speech. In this way, Malevolent Legalities approaches the study of textualist-originalism as itself a vehicle for discrimination performed mala fide or “in bad faith.”

Malevolence

Malevolence
Author: daniel storm
Publisher: SECOND CHANCE PUBLICATIONS
Total Pages: 325
Release: 2012-12
Genre: Biography & Autobiography
ISBN: 0985122846

A mother's revenge for the murder of her child, has no limits. How, when and where this mother seeks her revenge on the killer, is unlike anyone has ever seen or thought of before. She is cunning and her method is almost perfection. This author is the fresh life to fiction, replacing the Old Guard that has entertained readers for decades.

The Rule of Law Under Fire?

The Rule of Law Under Fire?
Author: Raymond Wacks
Publisher: Bloomsbury Publishing
Total Pages: 256
Release: 2021-10-21
Genre: Law
ISBN: 1509950605

Does the rise of populism, authoritarianism, and nationalism threaten the welfare of the rule of law? Is this fundamental democratic ideal under siege? In this timely and important book, Raymond Wacks examines the philosophical roots of the rule of law and its modern, often contentious, interpretation. He then investigates 16 potential ideological, economic, legal, and institutional dangers to the rule of law. They range from the exercise of judicial and administrative discretion and parliamentary sovereignty, to the growth of globalisation, the 'war on terror', and the disquieting power of Big Tech. He also considers the enactment and enforcement in several countries of Draconian measures to curtail the spread of COVID-19, which has generated fears that these emergency powers may outlive the pandemic and become a permanent feature of the legal landscape, thereby impairing the rule of law. Wacks identifies which issues among this extensive array pose genuine risks to the rule of law, and suggests how they might be confronted to ensure its defence and preservation.

In Defense of Legal Positivism

In Defense of Legal Positivism
Author: Matthew H. Kramer
Publisher: Oxford University Press, USA
Total Pages: 328
Release: 2003
Genre: Law
ISBN: 9780199264834

As an uncompromising defense of legal positivism, this book insists on the separability of law and morality. After distinguishing among three main dimensions of morality, the book explores a variety of ways in which law has been perceived by natural-law theorists as integrally connected to each of those dimensions. Some of the chapters pose arguments against major philosophers who have written on these issues, including David Lyons, Lon Fuller, Antony Duff, Joseph Raz, Ronald Dworkin, John Finnis, Philip Soper, Neil MacCormick, Robert Alexy, Gerald Postema, Stephen Perry, and Michael Moore. Several other chapters extend rather than defend legal positivism; they refine the insights of positivism and develop the implications of those insights in strikingly novel directions. The book concludes with a long discussion of the obligation to obey the law a discussion that highlights the strengths of legal positivism in the domain of political philosophy as much as in the domain of jurisprudence.

Labor, Land and Law

Labor, Land and Law
Author: William Addison Phillips
Publisher: New York : C. Scribner's Sons, 1886 [c1885]
Total Pages: 508
Release: 1886
Genre: Agricultural laborers
ISBN:

Paul, Judaism, and the Gentiles

Paul, Judaism, and the Gentiles
Author: Francis Watson
Publisher: Wm. B. Eerdmans Publishing
Total Pages: 417
Release: 2007-09-14
Genre: Religion
ISBN: 0802840205

This book is novel in its questioning of the adequacy of interpreting Paul from the perspective of the Reformation and in its application of sociological methods to the New Testament.

Transnational Legality

Transnational Legality
Author: Thomas Schultz
Publisher:
Total Pages: 218
Release: 2014
Genre: Law
ISBN: 0199641951

International law can be created by other means than treaties between states. This book investigates the philosophical questions posed by the treatment of international arbitration as law, such as those relating to sovereignty and territoriality, and sets out conditions which international arbitration must meet in order to form legitimate law.

The Foundations of International Investment Law

The Foundations of International Investment Law
Author: Zachary Douglas
Publisher: OUP Oxford
Total Pages: 586
Release: 2014-05-01
Genre: Law
ISBN: 0191508578

International investment law is one of the fastest growing areas of international law. It has led to the signing of thousands of agreements, mostly in the form of investment contracts and bilateral investment treaties. Also, in the last two decades, there has been an exponential growth in the number of disputes being resolved by investment arbitration tribunals. Yet the legal principles at the basis of international investment law and arbitration remain in a state of flux. Perhaps the best illustration of this phenomenon is the wide disagreement among investment tribunals on some of the core concepts underpinning the regime, such as investment, property, regulatory powers, scope of jurisdiction, applicable law, or the interactions with other areas of international law. The purpose of this book is to revisit these conceptual foundations in order to shed light on the practice of international investment law. It is an attempt to bridge the growing gap between the theory and the practice of this thriving area of international law. The first part of the book focuses on the 'infrastructure' of the investment regime or, more specifically, on the structural arrangements that have been developed to manage foreign investment transactions and the potential disputes arising from them. The second part of the book identifies the common conceptual bases of an array of seemingly unconnected practical problems in order to clarify the main stakes and offer balanced solutions. The third part addresses the main sources of 'regime stress' as well as the main legal mechanisms available to manage such challenges to the operation of the regime. Overall, the book offers a thorough investigation of the conflicting theoretical positions underlying international investment law, testing their worth by reference to concrete issues that have arisen in the jurisprudence. It demonstrates that many of the most important practical questions arising in practice can be addressed by a carefully dosed resort to theory.