The American Journal Of Jurisprudence
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| Author | : N. W. Barber |
| Publisher | : Oxford University Press |
| Total Pages | : 417 |
| Release | : 2018-07-25 |
| Genre | : Law |
| ISBN | : 0192535684 |
In this follow-up volume to the critically acclaimed The Constitutional State, N. W. Barber explores how the principles of constitutionalism structure and influence successful states. Constitutionalism is not exclusively a mechanism to limit state powers. An attractive and satisfying account of constitutionalism, and, by derivation, of the state, can only be reached if the principles of constitutionalism are seen as interlocking parts of a broader doctrine. This holistic study of the relationship between the constitutional state and its central principles - sovereignty; the separation of powers; the rule of law; subsidiarity; democracy; and civil society - casts light on long-standing debates over the meaning and implications of constitutionalism. The book provides a concise introduction to constitutionalism and a detailed account of the nature and implications of each of the principles in question. It concludes with an examination of the importance of constitutional principles to the work of judges, legislators, and others involved in the operation and creation of the constitution. The book is essential reading for those seeking a definitive account of constitutionalism and its benefits.
| Author | : Joel Harrison |
| Publisher | : Cambridge University Press |
| Total Pages | : 279 |
| Release | : 2020-07-09 |
| Genre | : Law |
| ISBN | : 1108873332 |
Why should we care about religious liberty? Leading commentators, United Kingdom courts, and the European Court of Human Rights have de-emphasised the special importance of religious liberty. They frequently contend it falls within a more general concern for personal autonomy. In this liberal egalitarian account, religious liberty claims are often rejected when faced with competing individual interests – the neutral secular state must protect us against the liberty-constraining acts of religions. Joel Harrison challenges this account. He argues that it is rooted in a theologically derived narrative of secularisation: rather than being neutral, it rests on a specific construction of 'secular' and 'religious' spheres. This challenge makes space for an alternative theological, political, and legal vision. Drawing from Christian thought, from St Augustine to John Milbank, Harrison develops a post-liberal focus on association. Religious liberty, he argues, facilitates creating communities seeking solidarity, fraternity, and charity – goals that are central to our common good.
| Author | : Peter L.P. Simpson |
| Publisher | : Routledge |
| Total Pages | : 352 |
| Release | : 2017-09-08 |
| Genre | : Political Science |
| ISBN | : 1351498908 |
This book deconstructs the story of liberalism that John Rawls, author of Political Liberalism, and many others have put forward. Peter L.P. Simpson argues that political liberalism is despotic because it denies to politics a concern with the comprehensive human good; political illiberalism overcomes this despotism and restores genuine freedom. In Political Illiberalism, Simpson provides a detailed account of these political phenomena and presents a political theory opposed to that of Rawls and other proponents of modern liberalism. Simpson analyses and confronts the assumptions of this liberalism by challenging its view of liberty and especially its cornerstone that politics should not be about the comprehensive good. He presents the fundamentals of the idea of a truer liberalism as derived from human nature, with particular attention to the role and power of religion, using the political thought of Aristotle, the founding fathers of the United States, thinkers of the Roman Empire, and contemporary practice. Political Illiberalism concludes with reflections on morals in the political context of the comprehensive good. Simpson views the modern state as despotically authoritarian; consequently, seeking liberty within it is illusory. Human politics requires devolution of authority to local communities, on the one hand, and a proper distinction between spiritual and temporal powers, on the other. This thought-provoking work is essential for all political scientists and philosophy scholars.
| Author | : Neil Duxbury |
| Publisher | : |
| Total Pages | : 544 |
| Release | : 1995 |
| Genre | : Language Arts & Disciplines |
| ISBN | : |
This unique study offers a comprehensive analysis of American jurisprudence from its emergence in the later stages of the nineteenth century through to the present day. The author argues that it is a mistake to view American jurisprudence as a collection of movements and schools which have emerged in opposition to each other. By offering a highly original analysis of legal formalism, legal realism, policy science, process jurisprudence, law and economics, and critical legal studies, he demonstrates that American jurisprudence has evolved as a collection of themes which reflects broader American intellectual and cultural concerns.
| Author | : Stefan Fafinski |
| Publisher | : Oxford University Press |
| Total Pages | : 557 |
| Release | : 2023-07-14 |
| Genre | : |
| ISBN | : 0192873083 |
The number one best-selling legal skills guide, covering all the practical and academic skills a student needs throughout their studies. Legal Skills is the essential text for students new to law, helping them make the transition from secondary education and equipping them with the skills they need to succeed from the beginning of their degree, through to final-year exams and dissertations.· Written in an accessible and friendlystyle, structured in three parts: Sources of Law, Academic Legal Skills, and Practical Legal Skills· Self-test questions and practical activities throughout allow students to take a hands-on approach tolearning a wide range of legal skills· Diagrams, screenshots and examples used frequently to illustrate key concepts· New chapter on drafting skills, introducing writing skills necessary in legal practice· New 'skills beyond study' feature which helps students identify the transferability of legal skills· Updated coverage of the impact of Brexit and retained EU law· New section on taking care of yourself during theassessment period and how to find support for mental health and accessibility· Videos on presentation, mooting, and negotiation refreshed Digital formats and resourcesThe ninthedition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. - The e-book offers a mobile experience and convenient access along with embedded self-assessment activities, and multi-media content including a series of supportive videos and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks- The study tools that enhance the e-book are all also availableas stand-alone online resources for use alongside the print book. They include answers to the self-test questions and practical exercises from the book, and a glossary of all the keywords and terms used. There is also an extensiverange of videos with guidance on topics from what to expect from lectures and tutorials, how to research for essays and structure problem questions, to examples of good and bad practice in mooting and negotiations.
| Author | : Joshua Neoh |
| Publisher | : Cambridge University Press |
| Total Pages | : 221 |
| Release | : 2019-07-04 |
| Genre | : Law |
| ISBN | : 1108427650 |
Moving from monasticism to constitutionalism, and from antinomianism to anarchism, this book reveals law's connection with love and freedom.
| Author | : Isaac de Paz González |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 256 |
| Release | : |
| Genre | : |
| ISBN | : 1788113047 |
Working with progressive conceptual categories relating to indigenous property, cultural identity, the right to an adequate standard of living and healthcare, the Inter-American Court of Human Rights continues to build a justiciability to determine the social rights of marginalised individuals and groups in the Americas. In a context of interpretative tensions of the social rights as political goals and direct effects provisions, Isaac de Paz González unveils the abilities, and the practices of the Inter-American Court’s contribution to the human rights practice in the Global South.
| Author | : Mitchell N. Berman |
| Publisher | : West Academic Publishing |
| Total Pages | : 625 |
| Release | : 2021-04-26 |
| Genre | : |
| ISBN | : 9781684678907 |
This textbook, the first of its kind, makes it easy--and fun!--to teach an exciting new course on the "jurisprudence of sport." Unlike sports law, which treats sports as objects of regulation by ordinary legal systems, this course treats sports and games as legal systems to be studied in their own right. The book is appropriate not only for law students but also for undergraduates; it offers an introduction to legal thinking but requires no background in legal doctrine. Student-friendly and deeply comparative, the text draws examples from the world's most popular team and individual sports and games (including baseball, football, soccer, tennis, golf, gymnastics, chess, boxing, and esports) and also from less widely known competitions (competitive eating, cornhole, etc.). Chapters are organized in an intuitive sports-focused manner, covering such issues as scoring systems, penalties, league structure, player eligibility and assignment, amateurism, officiating, replay review, and cheating. The jurisprudence of sport is a fast-developing field of academic study. The authors, one of them a leading figure in the field and both professors at top law schools, maintain a high degree of analytical rigor and theoretical sophistication. Icons sprinkled throughout introduce students to fundamental concepts, some law-particular (such as rules vs. standards and prices vs. sanctions) and others from cognate disciplines (such as agency costs, the Coase Theorem, and psychological biases and heuristics). Richly filled with comments, questions, and exercises, the text facilitates a large variety of pedagogical approaches and is suitable for 2- to 4-credit courses.
| Author | : Anthony J. Sebok |
| Publisher | : Cambridge University Press |
| Total Pages | : 343 |
| Release | : 1998-10-28 |
| Genre | : Law |
| ISBN | : 0521480418 |
This work represents a serious and philosophically sophisticated guide to modern American legal theory, demonstrating that legal positivism has been a misunderstood and underappreciated perspective through most of twentieth-century American legal thought.
| Author | : Frederic Harrison |
| Publisher | : |
| Total Pages | : 188 |
| Release | : 1919 |
| Genre | : Conflict of laws |
| ISBN | : |
