The Long Arc Of Legality
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Author | : David Dyzenhaus |
Publisher | : Cambridge University Press |
Total Pages | : 491 |
Release | : 2022-01-27 |
Genre | : History |
ISBN | : 1316518051 |
Explores how the central question of philosophy of law is the legal subject's: how can that be law for me?
Author | : David Dyzenhaus |
Publisher | : Cambridge University Press |
Total Pages | : 491 |
Release | : 2022-01-27 |
Genre | : Law |
ISBN | : 1009058851 |
The Long Arc of Legality breaks the current deadlock in philosophy of law between legal positivism and natural law by showing that any understanding of law as a matter of authority must account for the interaction of enacted law with fundamental principles of legality. This interaction conditions law's content so that officials have the moral resources to answer the legal subject's question, 'But, how can that be law for me?' David Dyzenhaus brings Thomas Hobbes and Hans Kelsen into a dialogue with H. L. A. Hart, showing that philosophy of law must work with the idea of legitimate authority and its basis in the social contract. He argues that the legality of international law and constitutional law are integral to the main tasks of philosophy of law, and that legal theory must attend both to the politics of legal space and to the way in which law provides us with a 'public conscience'.
Author | : Richard Mohr |
Publisher | : Columbia University Press |
Total Pages | : 157 |
Release | : 2007-05 |
Genre | : Law |
ISBN | : 0231135211 |
Richard D. Mohr adopts a humanistic and philosophical approach to assessing public policy issues affecting homosexuals. His nuanced case for legal and social acceptance applies widely held ethical principles to various issues, including same-sex marriage, AIDS, and gays in the military. Mohr examines the nature of prejudices and other cultural forces that work against lesbian and gay causes and considers the role that sexuality plays in national rituals. In his support of same-sex marriage, Mohr defines matrimony as the development and maintenance of intimacy through which people meet their basic needs and carry out their everyday living, and he contends that this definition applies equally to homosexual and heterosexual couples. By drawing on culturally, legally, and ethically based arguments, Mohr moves away from tired political rhetoric and reveals the important ways in which the struggle for gay rights and acceptance relates to mainstream American society, history, and political life.
Author | : E. Thomas Sullivan |
Publisher | : Oxford University Press |
Total Pages | : 264 |
Release | : 2013-07-04 |
Genre | : Law |
ISBN | : 0199990808 |
In The Arc of Due Process in American Constitutional Law, Sullivan and Massaro identify the historical underpinnings of due process while describing the evolution of the American due process doctrine.
Author | : David Dyzenhaus |
Publisher | : Oxford University Press, USA |
Total Pages | : 310 |
Release | : 1997 |
Genre | : History |
ISBN | : |
This text investigates one of the oldest questions of legal philosophy - the relationship between law and legitimacy. It analyses the legal theories of three public lawyers of the Weimar era, Carl Schmitt, Hans Kelsen, and Hermann Heller.
Author | : Adrian Vermeule |
Publisher | : Harvard University Press |
Total Pages | : 267 |
Release | : 2016-11-14 |
Genre | : Law |
ISBN | : 0674974719 |
Ronald Dworkin once imagined law as an empire and judges as its princes. But over time, the arc of law has bent steadily toward deference to the administrative state. Adrian Vermeule argues that law has freely abandoned its imperial pretensions, and has done so for internal legal reasons. In area after area, judges and lawyers, working out the logical implications of legal principles, have come to believe that administrators should be granted broad leeway to set policy, determine facts, interpret ambiguous statutes, and even define the boundaries of their own jurisdiction. Agencies have greater democratic legitimacy and technical competence to confront many issues than lawyers and judges do. And as the questions confronting the state involving climate change, terrorism, and biotechnology (to name a few) have become ever more complex, legal logic increasingly indicates that abnegation is the wisest course of action. As Law’s Abnegation makes clear, the state did not shove law out of the way. The judiciary voluntarily relegated itself to the margins of power. The last and greatest triumph of legalism was to depose itself.
Author | : Kevin Boyle |
Publisher | : Henry Holt and Company |
Total Pages | : 445 |
Release | : 2007-04-01 |
Genre | : History |
ISBN | : 1429900164 |
Winner of the National Book Award for Nonfiction An electrifying story of the sensational murder trial that divided a city and ignited the civil rights struggle In 1925, Detroit was a smoky swirl of jazz and speakeasies, assembly lines and fistfights. The advent of automobiles had brought workers from around the globe to compete for manufacturing jobs, and tensions often flared with the KKK in ascendance and violence rising. Ossian Sweet, a proud Negro doctor-grandson of a slave-had made the long climb from the ghetto to a home of his own in a previously all-white neighborhood. Yet just after his arrival, a mob gathered outside his house; suddenly, shots rang out: Sweet, or one of his defenders, had accidentally killed one of the whites threatening their lives and homes. And so it began-a chain of events that brought America's greatest attorney, Clarence Darrow, into the fray and transformed Sweet into a controversial symbol of equality. Historian Kevin Boyle weaves the police investigation and courtroom drama of Sweet's murder trial into an unforgettable tapestry of narrative history that documents the volatile America of the 1920s and movingly re-creates the Sweet family's journey from slavery through the Great Migration to the middle class. Ossian Sweet's story, so richly and poignantly captured here, is an epic tale of one man trapped by the battles of his era's changing times.
Author | : Barry E. Hill |
Publisher | : Environmental Law Institute |
Total Pages | : 500 |
Release | : 2009 |
Genre | : Law |
ISBN | : 9781585761241 |
Environmental risks and harms affect certain geographic areas and populations more than others. The environmental justice movement is aimed at having the public and private sectors address this disproportionate burden of risk and exposure to pollution in minority and/or low-income communities, and for those communities to be engaged in the decision-making processes. Environmental Justice provides an overview of this defining problem and explores the growth of the environmental justice movement. It analyzes the complex mixture of environmental laws and civil rights legal theories adopted in environmental justice litigation. Teachers will have online access to the more than 100 page Teachers Manual.
Author | : Gary Chartier |
Publisher | : Cambridge University Press |
Total Pages | : 433 |
Release | : 2013 |
Genre | : Law |
ISBN | : 1107032288 |
This book elaborates and defends law without the state. It explains why the state is illegitimate, dangerous and unnecessary.
Author | : David Dyzenhaus |
Publisher | : Cambridge University Press |
Total Pages | : 349 |
Release | : 2015-05-28 |
Genre | : Business & Economics |
ISBN | : 1107093384 |
This book brings the three most important twentieth-century theorists of the rule of law into debate with each other.