The Concept of Modern Law

The Concept of Modern Law
Author: Michał Peno
Publisher: Ius, Lex et Res Publica
Total Pages: 0
Release: 2019
Genre: Jurisprudence
ISBN: 9783631783252

This book contains texts prepared by representatives of various branches of law. The authors aim to determine: 1) the source (at least the potential source) of modernist solutions in the Polish law, 2) the realness of the modernist character of the said source and 3) the refection of these modernist solutions in the currently binding Polish law.

Law in Modern Society

Law in Modern Society
Author: Roberto Mangabeira Unger
Publisher: Simon and Schuster
Total Pages: 324
Release: 1977-07
Genre: Law
ISBN: 0029328802

"Law in Modern Society" is a comparative study of the place of law in societies as well as a criticism of social theory. Under what conditions do different kinds of law emerge? What are the bases of the rule of law ideal that marks advanced liberal, capitalist societies? What can the study of law teach us about social hierarchy and moral vision in these societies, and, indeed, about the specificity of Western civilization? Why do we find it necessary to struggle for the rule of law and impossible to achieve it? What political possibilities are closed or opened by present-day changes in the established styles of legality and legal thought? Unger deals with these questions in a broad range of historical settings. But he also relates them to the central issues of social theory: the method of explanation, the conditions of social order, and the nature of 'modern' society. the book argues that to resolve its own internal dilemmas the science of society must once again become both metaphysical and political.

Reading Modern Law

Reading Modern Law
Author: Ruth Margaret Buchanan
Publisher: Routledge
Total Pages: 233
Release: 2012
Genre: Law
ISBN: 0415568544

Reading Modern Law addresses the identification and elaboration of a critical methodology for reading and writing about law in modernity.

The Concept of Law

The Concept of Law
Author: Herbert Lionel Adolphus Hart
Publisher:
Total Pages: 263
Release: 1986
Genre: Jurisprudence
ISBN:

Properties of Law

Properties of Law
Author: Kaarlo Tuori
Publisher: Cambridge University Press
Total Pages: 315
Release: 2021-09-16
Genre: Law
ISBN: 1108844723

The book relates the normativity of law to law's internal sociality and shows the multi-layered nature of legal normativity.

Conceptual and Contextual Perspectives on the Modern Law of Treaties

Conceptual and Contextual Perspectives on the Modern Law of Treaties
Author: Michael J. Bowman
Publisher: Cambridge University Press
Total Pages: 1171
Release: 2018-10-25
Genre: Law
ISBN: 1107100526

In recent years there has been a flourishing body of work on the Law of Treaties, crucial for all fields within international law. However, scholarship on modern treaty law falls into two distinct strands which have not previously been effectively synthesized. One concerns the investigation of concepts which are fundamental to or inherent in the law of treaties generally - such as consent, object and purpose, breach of obligation and provisional application - while the other focuses upon the application of treaties and of treaty law in particular substantive (e.g. human rights, international humanitarian law, investment protection, environmental regulation) or institutional contexts (including the Security Council, the World Health Organization, the International Labour Organization and the World Trade Organization). This volume represents the culmination of a series of collaborative explorations by leading experts into the operation, development and effectiveness of the modern law of treaties, as viewed through these contrasting perspectives.

Cicero and Modern Law

Cicero and Modern Law
Author: Richard O. Brooks
Publisher: Routledge
Total Pages: 663
Release: 2017-07-05
Genre: History
ISBN: 1351571907

Cicero and Modern Law contains the best modern writings on Cicero's major law related works, such as the Republic, On Law, On Oratory, along with a comprehensive bibliography of writings on Cicero's legal works. These works are organized to reveal the influence of Cicero's writings upon the history of legal thought, including St. Thomas, the Renaissance, Montesquieu and the U.S. Founding Fathers. Finally, the articles include discussions of Cicero's influence upon central themes in modern lega thought, including legal skepticism, republicanism, mixed government, private property, natural law, conservatism and rhetoric. The editor offers an extensive introduction, placing these articles in the context of an overall view of Cicero's contribution to modern legal thinking.

Law and the Modern Mind

Law and the Modern Mind
Author: Susanna L. Blumenthal
Publisher: Harvard University Press
Total Pages: 0
Release: 2016-02-22
Genre: Law
ISBN: 9780674048935

In postrevolutionary America, the autonomous individual was both the linchpin of a young nation and a threat to the founders’ vision of ordered liberty. Conceiving of self-government as a psychological as well as a political project, jurists built a republic of laws upon the Enlightenment science of the mind with the aim of producing a responsible citizenry. Susanna Blumenthal probes the assumptions and consequences of this undertaking, revealing how ideas about consciousness, agency, and accountability have shaped American jurisprudence. Focusing on everyday adjudication, Blumenthal shows that mental soundness was routinely disputed in civil as well as criminal cases. Litigants presented conflicting religious, philosophical, and medical understandings of the self, intensifying fears of a populace maddened by too much liberty. Judges struggled to reconcile common sense notions of rationality with novel scientific concepts that suggested deviant behavior might result from disease rather than conscious choice. Determining the threshold of competence was especially vexing in litigation among family members that raised profound questions about the interconnections between love and consent. This body of law coalesced into a jurisprudence of insanity, which also illuminates the position of those to whom the insane were compared, particularly children, married women, and slaves. Over time, the liberties of the eccentric expanded as jurists came to recognize the diversity of beliefs held by otherwise reasonable persons. In calling attention to the problematic relationship between consciousness and liability, Law and the Modern Mind casts new light on the meanings of freedom in the formative era of American law.

Foucauldian Interpretation of Modern Law

Foucauldian Interpretation of Modern Law
Author: Martire Jacopo Martire
Publisher: Edinburgh University Press
Total Pages: 321
Release: 2017-07-07
Genre: Philosophy
ISBN: 1474411940

This book addresses a surprisingly overlooked Foucauldian conundrum: what is the logical relationship between modern law and power? Jacopo Martire investigates the development of modern law in conjunction with what Foucault termed biopolitical forms of power. He gives you a much-needed genealogical analysis of the modern legal phenomenon, opening new avenues for Foucauldian approaches to law.

Social Enterprise Law

Social Enterprise Law
Author: Dana Brakman Reiser
Publisher: Oxford University Press
Total Pages: 217
Release: 2017-09-05
Genre: Law
ISBN: 019024979X

Social enterprises represent a new kind of venture, dedicated to pursuing profits for owners and benefits for society. Social Enterprise Law provides tools that will allow them to raise the capital they need to flourish. Social Enterprise Law weaves innovation in contract and corporate governance into powerful protections against insiders sacrificing goals such as environmental sustainability in the pursuit of short-term profits. Creating a stable balance between financial returns and public benefits will allow social entrepreneurs to team up with impact investors that share their vision of a double bottom line. Brakman Reiser and Dean show how novel legal technologies can allow social enterprises to access capital markets, including unconventional sources such as crowdfunding. With its straightforward insights into complex areas of the law, the book shows how a social mission can even be shielded from the turbulence of an acquisition or bankruptcy. It also shows why, as the metrics available to measure the impact of social missions on individuals and communities become more sophisticated, such legal innovations will continue to become more robust. By providing a comprehensive survey of the U.S. laws and a bold vision for how legal institutions across the globe could be reformed, this book offers new insights and approaches to help social enterprises raise the capital they need to flourish. It offers a rich guide for students, entrepreneurs, investors, and practitioners.