the politics of the common law perspectives rights processes institutions

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The Politics Of The Common Law

Author : Adam Gearey
ISBN : 9781135097875
Genre : Law
File Size : 43. 76 MB
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The Politics of the Common Law offers a critical introduction to the legal system of England and Wales. Unlike other conventional accounts, this revised and updated second edition presents a coherent argument, organised around the central claim that contemporary postcolonial common law must be understood as an articulation of human rights and open justice. The book examines the impact of the European Convention and European Union law on the structures and ideologies of the common law and engages with the politics of the rule of law. These themes are read into normative accounts of civil and criminal procedure that stress the importance of due process. The final sections of the book address the reality of civil and criminal procedure in the light of recent civil unrest in the UK and the growing privatisation of public services. The book questions whether it is possible to find a balance between the requirements of economics and the demands of justice.

Human Rights And The Criminal Justice System

Author : Anthony Amatrudo
ISBN : 9781135145514
Genre : Law
File Size : 27. 86 MB
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We now live in a world which thinks through the legislative implications of criminal justice with one eye on human rights. Human Rights and the Criminal Justice System provides comprehensive coverage of human rights as it relates to the contemporary criminal justice system. As well as being a significant aspect of international governance and global justice, Amatrudo and Blake argue here that human rights have also eclipsed the rhetoric of religion in contemporary moral discussion. This book explores topics such as terrorism, race, and the rights of prisoners, as well as existing legal structures, court practices, and the developing literature in Criminology, Law and Political Science, in order to critically review the relationship between the developing body of human rights theory and practice, and the criminal justice system. This book will be of considerable interest to those with academic concerns in this area; as well as providing an accessible, yet sophisticated, resource for upper level undergraduate and postgraduate human rights courses.

Tort Law And The Legislature

Author : T.T. Arvind
ISBN : 9781782250548
Genre : Law
File Size : 86. 63 MB
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The study of the law of tort is generally preoccupied by case law, while the fundamental impact of legislation is often overlooked. At a jurisprudential level there is an unspoken view that legislation is generally piecemeal and at best self-contained and specific; at worst dependent on the whim of political views at a particular time. With a different starting point, this volume seeks to test such notions, illustrating, among other things, the widespread and lasting influence of legislation on the shape and principles of the law of tort; the variety of forms of legislation and the complex nature of political and policy concerns that may lie behind their enactment; the sometimes unexpected consequences of statutory reform; and the integration not only of statutory rules but also of legislative policy into the operation of tort law today. The apparently sharp distinction between judicially created private law principles, and democratically enacted legislative rules and policies, is therefore questioned, and it is argued that to describe the principles of the law of tort without referring to statute is potentially highly misleading. This book shows that legislation is important not only because of the way it varies or replaces case law, but because it also deeply influences the intrinsic character of that law, providing some of its most familiar characteristics. The book provides the first extended interpretation of legislative intervention in the law of tort. Each of the chapters, by leading tort scholars, deals with an aspect of the influence of legislation on the law of tort. While the nature, sources and extent of legislative influence in personal injury law is an essential feature of the collection, other significant areas of tort law are explored, including tort in the context of commercial law, labour law, regulation and the welfare state. Essays on the Compensation Act 2006 and Human Rights Act 1998 bring the current state of the interplay between tort, politics and legislation to the forefront. In all of these contexts, contributors explore the deeper lessons that can be learned about the nature of the law of tort and its changing role and functions over time. Cited with approval in the Singapore Court of Appeal by VK Rajah JA in See Toh Siew Kee vs Ho Ah Lam Ferrocement (Pte) Ltd and others, [2013] SGCA 29

Learning Legal Rules

Author : James Holland
ISBN : 9780198728436
Genre : Law
File Size : 34. 58 MB
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Written by leading authors with extensive experience in both teaching and practice, this established and trusted title equips the student with all the techniques of legal research, analysis, and argument they will need for their law course and beyond. The 9th edition has been fully updated toinclude recent debates such as the future of the Human Rights Act in the UK; it also continues to provide dedicated coverage on complex areas such as the operation of precedent, effective statutory interpretation, and European legal method. Holland and Webb take an engaging and practical approachwith examples and exercises throughout which allow students to develop their knowledge and their reasoning skills making this an ideal text for first year students.Learning Legal Rules is accompanied by an Online Resource Centre, complete with a test bank of 200 multiple choice questions for use by lecturers, and self-test questions for students.

Current Publications In Legal And Related Fields

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ISBN : STANFORD:36105134444236
Genre : Law
File Size : 82. 29 MB
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Rethinking Criminal Law Theory

Author : Francois Tanguay-Renaud
ISBN : 9781847319043
Genre : Law
File Size : 36. 65 MB
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In the last two decades, the philosophy of criminal law has undergone a vibrant revival in Canada. The adoption of the Charter of Rights and Freedoms has given the Supreme Court of Canada unprecedented latitude to engage with principles of legal, moral, and political philosophy when elaborating its criminal law jurisprudence. Canadian scholars have followed suit by paying increased attention to the philosophical foundations of domestic criminal law. Because of Canada's leadership in international criminal law, both at the level of the International Criminal Court and of specific war crimes tribunals, they have also begun to turn their attention to international criminal law per se. This collection seeks to bring all these Canadian voices together for the first time, and evidence the fact that criminal law theory is no longer to be associated exclusively with the older British, German and American traditions. The topics covered include questions of philosophical methodology, the legitimate scope of domestic and international criminalization, rationales for criminal law defences in both domestic and international law, the philosophical underpinnings of specific crimes and forms of joint responsibility, as well as the theorization of criminal procedure and evidence law. ENDORSEMENTS "In continental Europe, academic commentary on the criminal law has long manifested large philosophical ambitions. Less so in common-law countries, where the dominance of jury trial and the piecemeal development of case-law, together with the famously robust attitudes of common lawyers, have militated against detailed philosophical engagement with doctrine. Over the last 20 years or so, however, new generations of philosophically-literate lawyers and legally-informed philosophers have overcome the historic resistance. Nowhere more so, it seems, than in Canada, where the common law and civilian traditions meet. In 'Rethinking Criminal Law Theory', François Tanguay-Renaud and James Stribopoulos have joined with 14 talented Canadian colleagues to showcase the tremendous breadth and depth of their contemporary national contribution to the subject. Ranging across topics as diverse as emergency, obscenity, and insanity, these essays - without exception insightful and penetrating -set a high standard for the rest of us to aspire to.'' John Gardner, University of Oxford "'Rethinking Criminal Law Theory' is an excellent collection of essays demonstrating the vigour, creativity and range of Canadian criminal justice scholarship. It covers a wide range of problems and issues both in the domestic and the international context. Core questions are examined in depth and new questions are brought to the fore. I recommend it very highly to criminal lawyers and philosophers of the criminal law." Professor Victor Tadros, University of Warwick "'Rethinking Criminal Law Theory 'is packed with outstanding contributions from criminal law theorists who are among the best not only in Canada, but in the whole English-speaking world. Broad and deep in its coverage, the collection offers fresh approaches to a wide range of cutting-edge issues in the field. It provides a resource readers will come back to repeatedly." Stuart Green, Professor of Law and Justice Nathan L Jacobs Scholar, Rutgers University

Rights And Reason

Author : Marilyn Friedman
ISBN : 9789401594035
Genre : Philosophy
File Size : 81. 92 MB
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The papers in this book have been collected in celebration of Carl Wellman, who, after forty-five years, is retiring from teaching. Here I would like to highlight a few of the moments which have shaped Carl as a person and a philosopher. Although his childhood was not unhappy, Carl faced considerable challenges growing up in Manchester, New Hampshire. He ne ver knew his father; he and his mother, Carolyn, had little money; and he fought a long battle with Stevens-Johnson Syndrome, an illness which made hirn more familiar with hospitals than any young person should be. (His mother once told me that there were times when the doctors put Carl in his own hospital room because, while he was too young to be housed with adult men, they did not want the other children to see hirn die. ) Following a year of physician-prescribed rest after high school, the doctors recommended the University of Arizona in the misguided hope that the desert climate might improve his health. In spite of the doctors' hopes, life in Tucson was not easy. The heat takes its toll on everyone, but the desert was especially oppressive for Carl since his unusually sensitive eyes were no match for the intense sun. Still, Carl enjoyed college.

Human Rights From A Third World Perspective

Author : José-Manuel Barreto
ISBN : 9781443866453
Genre : Philosophy
File Size : 47. 22 MB
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Globalization, interdisciplinarity, and the critique of the Eurocentric canon are transforming the theory and practice of human rights. This collection takes up the point of view of the colonized in order to unsettle and supplement the conventional understanding of human rights. Putting together insights coming from Decolonial Thinking, the Third World Approach to International Law (TWAIL), Radical Black Theory and Subaltern Studies, the authors construct a new history and theory of human rights, and a more comprehensive understanding of international human rights law in the background of modern colonialism and the struggle for global justice. An exercise of dialogical and interdisciplinary thinking, this collection of articles by leading scholars puts into conversation important areas of research on human rights, namely philosophy or theory of human rights, history, and constitutional and international law. This book combines critical consciousness and moral sensibility, and offers methods of interpretation or hermeneutical strategies to advance the project of decolonizing human rights, a veritable tool-box to create new Third-World discourses of human rights.

Economics And The Law

Author : Nicholas Mercuro
ISBN : 0691005443
Genre : Business & Economics
File Size : 83. 78 MB
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By providing readers with a noncritical description of the broad contours of each school of thought, Mercuro and Medema convey a strong sense of the important elements of each of these interrelated yet varied traditions.

United Nations Reform

Author : Eric Fawcett
ISBN : 9781459718999
Genre : Political Science
File Size : 66. 44 MB
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Edward C. Luck, President Emeritus, Senior Policy Advisor, United Nations Association of the United States of America This book is important reading for anyone interested in the future of the UN. It contains hundreds of reform ideas, most of them sound, all of them stimulating. The diversity of views and subjects reflects the breadth of the UN’s global agenda and the exemplary contributions Canadians have made to the world body. Many of Canada’s UN experts are represented here; their work will remind us to look for inspiration and perspective when the going gets tough at Turtle Bay! Major-General (Ret’d) Lewis W. MacKenzie, First Commander; UN Forces, Sarajevo The 50th Anniversary of the United Nations – a wake or a cause for celebration? The euphoria following the signing of the UN Charter in San Francisco in 1945 soon fell victim to a 45-year Cold War. Now, when the oppressed and destitute of the world need it more than ever, the UN finds itself handcuffed by potentially terminal systemic deficiencies. Tinkering won’t do - major reforms are required and the plethora of relevant ideas and recommendations set forth in this book provide leaders, policy makers and interested observers with much food for thought. Joe Sills, Spokesman for the Secretary-General, United Nations This valuable collection of essays covers a broad range of UN activities. In addition to careful analysis, it offers many suggestions for strengthening the UN as it enters its second half-century. Brian Urquhart, Former Under-Secretary-General of the United Nations, Scholar-in-Residence, International Affairs Program, Ford Foundation This "festschrift" for the 50th Anniversary of the United Nations is really something to rejoice about – a stimulating, readable and comprehensive set of comments on where the world organization is, how it got there and where it ought to be going. A breath of fresh air – oxygen even – for the UN on its 50th birthday. Major-General Indarjit Rikhye, Founding President, international Peace Academy and former Military Advisor to UN Secretary-Generals Dag Hammarskjold and U Thant The opportunity provided by the end of the Cold War to achieve the great objectives of the UN Charter must not be missed through failures in Somalia, Bosnia and Rwanda. The contributors to this book, with their thoughtful papers and recommendations for reform, encourage belief in the possibility of reinvigoration of the UN, so that the hopes placed in the organization in 1945 might after all be fulfilled. Benjamin Rivlin, Director, Ralph Bunche Institute on the UN This book presents an honest and sober reply to the mindless critics of the United Nations who have made multilateralism the whipping boy of their own short-sightedness. Mindful of the UN’s shortcomings, this excellent collection of essays, based on careful analysis, points out clearly nevertheless the direction the organized world must take and the indispensable role the United Nations must play in shaping a just and peaceful future for humanity.

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