the continuity of legal systems in theory and practice

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The Continuity Of Legal Systems In Theory And Practice

Author : Benjamin Spagnolo
ISBN : 9781849468855
Genre : Law
File Size : 44. 7 MB
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The Continuity of Legal Systems in Theory and Practice examines a persistent and fascinating question about the continuity of legal systems: when is a legal system existing at one time the same legal system that exists at another time? The book's distinctive approach to this question is to combine abstract critical analysis of two of the most developed theories of legal systems, those of Hans Kelsen and Joseph Raz, with an evaluation of their capacity, in practice, to explain the facts, attitudes and normative standards for which they purport to account. That evaluation is undertaken by reference to Australian constitutional law and history, whose diverse and complex phenomena make it particularly apt for evaluating the theories' explanatory power. In testing whether the depiction of Australian law presented by each theory achieves an adequate 'fit' with historical facts, the book also contributes to the understanding of Australian law and legal systems between 1788 and 2001. By collating the relevant Australian materials systematically for the first time, it presents the case for reconceptualising the role of Imperial laws and institutions during the late nineteenth and early twentieth centuries, and clarifies the interrelationship between Colonial, State, Commonwealth and Imperial legal systems, both before and after Federation.

Pure Theory Of Law

Author : Hans Kelsen
ISBN : 0520036921
Genre : Law
File Size : 80. 37 MB
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Security Science

Author : Clifton Smith
ISBN : 9780123947857
Genre : Business & Economics
File Size : 22. 31 MB
Format : PDF
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Security Science integrates the multi-disciplined practice areas of security into a single structured body of knowledge, where each chapter takes an evidence-based approach to one of the core knowledge categories. The authors give practitioners and students the underlying scientific perspective based on robust underlying theories, principles, models or frameworks. Demonstrating the relationships and underlying concepts, they present an approach to each core security function within the context of both organizational security and homeland security. The book is unique in its application of the scientific method to the increasingly challenging tasks of preventing crime and foiling terrorist attacks. Incorporating the latest security theories and principles, it considers security from both a national and corporate perspective, applied at a strategic and tactical level. It provides a rational basis for complex decisions and begins the process of defining the emerging discipline of security science. A fresh and provocative approach to the key facets of security Presentation of theories and models for a reasoned approach to decision making Strategic and tactical support for corporate leaders handling security challenges Methodologies for protecting national assets in government and private sectors Exploration of security’s emerging body of knowledge across domains

The Concept Of A Legal System

Author : Joseph Raz
ISBN : 9780198253631
Genre : Law
File Size : 20. 7 MB
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6. On Independent Norms

Law And Revolution

Author : Nimer Sultany
ISBN : 9780191081514
Genre : Religion
File Size : 40. 53 MB
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What is the effect of revolutions on legal systems? What role do constitutions play in legitimating regimes? How do constitutions and revolutions converge or clash? Taking the Arab Spring as its case study, this book explores the role of law and constitutions during societal upheavals, and critically evaluates the different trajectories they could follow in a revolutionary setting. The book urges a rethinking of major categories in political, legal, and constitutional theory in light of the Arab Spring. The book is a novel and comprehensive examination of the constitutional order that preceded and followed the Arab Spring in Egypt, Tunisia, Libya, Morocco, Jordan, Algeria, Oman, and Bahrain. It also provides the first thorough discussion of the trials of former regime officials in Egypt and Tunisia. Drawing on a wide range of primary sources, including an in-depth analysis of recent court rulings in several Arab countries, the book illustrates the contradictory roles of law and constitutions. The book also contrasts the Arab Spring with other revolutionary situations and demonstrates how the Arab Spring provides a laboratory for examining scholarly ideas about revolutions, legitimacy, legality, continuity, popular sovereignty, and constituent power.

The Critical Legal Studies Movement

Author : Roberto Mangabeira Unger
ISBN : 9781781683415
Genre : Law
File Size : 51. 20 MB
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Critical legal studies is the most important development in progressive thinking about law of the past half century. It has inspired the practice of legal analysis as institutional imagination, exploring, with the materials of the law, alternatives for society. The Critical Legal Studies Movement was written as the manifesto of the movement by its central figure. This new edition includes a revised version of the original text, preceded by an extended essay in which its author discusses what is happening now and what should happen next in legal thought. From the Trade Paperback edition.

International Law In The U S Supreme Court

Author : David L. Sloss
ISBN : 9781139497862
Genre : Law
File Size : 21. 2 MB
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From its earliest decisions in the 1790s, the US Supreme Court has used international law to help resolve major legal controversies. This book presents a comprehensive account of the Supreme Court's use of international law from its inception to the present day. Addressing treaties, the direct application of customary international law and the use of international law as an interpretive tool, this book examines all the cases or lines of cases in which international law has played a material role, showing how the Court's treatment of international law both changed and remained consistent over the period. Although there was substantial continuity in the Supreme Court's international law doctrine through the end of the nineteenth century, the past century has been a time of tremendous doctrinal change. Few aspects of the Court's international law doctrine remain the same in the twenty-first century as they were two hundred years ago.

One Country Two Systems Three Legal Orders Perspectives Of Evolution

Author : Jorge Oliveira
ISBN : 9783540685722
Genre : Law
File Size : 22. 10 MB
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“One Country, Two Systems, Three Legal Orders” – Perspectives of Evolution – : Essays on Macau’s Autonomy after the Resumption of Sovereignty by China” can be said, in a short preamble-like manner, to be a book that provides a comprehensive look at several issues regarding public law that arise from, or correlate with, the Chinese apex motto for reunification – One Country, Two Systems – and its implementation in Macau and Hong Kong. Noble and contemporary themes such as autonomy models and fundamental rights are thoroughly approached, with a multilayered analysis encompassing both Western and Chinese views, and an extensive comparative law acquis is also brought forward. Furthermore, relevant issues on international law, criminal law, and historical and comparative evolutions and interactions of different legal s- tems are laid down in this panoramic, yet comprehensive book. One cannot but underline the presence, in the many approaches and comments, of a certain aura of a modern Kantian cosmopolitanism revisitation throughout the work, especially when dealing with the cardinal principle of «One Country, Two Systems», which enabled a peaceful and integral reunification ex vi international law – the Joint Declarations – that ended an external and distant control.

Juvenile Delinquency Theory Practice And Law

Author : Larry Siegel
ISBN : 9781285458403
Genre : Social Science
File Size : 63. 65 MB
Format : PDF
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Unrivaled in its current coverage of topics, the twelfth edition of best-selling JUVENILE DELINQUENCY: THEORY, PRACTICE, AND LAW provides you with timely coverage of theory, policy, and the latest research. Praised for its balanced approach and for the authors’ engaging writing style, this book will help you understand the nature of delinquency and its causes, as well as current strategies being used to control or eliminate its occurrence. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.

Effective Social Work With Children Young People And Families

Author : Steven Walker
ISBN : 9781446290828
Genre : Social Science
File Size : 77. 45 MB
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This book looks at the changing context of children and young people's services heralded by the structural, organisational and funding changes put forward in Eileen Munro's Review of Child Protection. It is strongly grounded in research and theory, and gives specific consideration to how systems theory can help practitioners in understanding families. It highlights the need for every social work practitioner to develop the capacity to undertake unified assessments and interventions in a wide variety of settings with individuals, families, and groups where there are child protection and safeguarding concerns. With case studies, interactive activities, summaries and guidance throughout, this book will be essential reading for all social work students and qualified social work practitioners, as well as all those involved in the field of child protection.

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