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Author: Albert W. Alschuler
Publisher: University of Chicago Press
ISBN: 9780226015200
Category : Biography & Autobiography
Languages : en
Pages : 336
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Book Description
In recent decades, Oliver Wendell Holmes has been praised as "the only great American legal thinker" and "the most illustrious figure in the history of American law." But in Albert Alschuler's critique of both Justice Holmes and contemporary legal scholarship, a darker portrait is painted—that of a man who, among other things, espoused Social Darwinism, favored eugenics, and, as he himself acknowledged, came "devilish near to believing that might makes right."
Author: Albert W. Alschuler
Publisher: University of Chicago Press
ISBN: 9780226015200
Category : Biography & Autobiography
Languages : en
Pages : 336
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Book Description
In recent decades, Oliver Wendell Holmes has been praised as "the only great American legal thinker" and "the most illustrious figure in the history of American law." But in Albert Alschuler's critique of both Justice Holmes and contemporary legal scholarship, a darker portrait is painted—that of a man who, among other things, espoused Social Darwinism, favored eugenics, and, as he himself acknowledged, came "devilish near to believing that might makes right."
Author: Albert W. Alschuler
Publisher: Turtleback
ISBN: 9780613911108
Category : Biography & Autobiography
Languages : en
Pages :
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Book Description
In recent decades, Oliver Wendell Holmes has been praised as "the only great American legal thinker" and "the most illustrious figure in the history of American law." But in Albert Alschuler's critique of both Justice Holmes and contemporary legal scholarship, a darker portrait is painted-that of a man who, among other things, espoused Social Darwinism, favored eugenics, and, as he himself acknowledged, came "devilish near to believing that might makes right."
Author: Albert W. Alschuler
Publisher: University of Chicago Press
ISBN: 9780226015200
Category : Biography & Autobiography
Languages : en
Pages : 348
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Book Description
Albert Alschuler's study of Holmes is very different from other books about him, in that it is an exercise in debunking him.
Author: Gordon Anthony
Publisher: Bloomsbury Publishing
ISBN: 1847316271
Category : Law
Languages : en
Pages : 446
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Book Description
Global Administrative Law has recently emerged as one of the most important contemporary fields in public law scholarship. Concerned with developing fuller understandings of patterns in global governance, it represents one of the most insightful ways of viewing the multifarious forms of public power that now exist beyond the State. The present collection brings together some of the leading scholars working in the field of global administrative law to address past and future challenges related to global governance. Each of the contributions picks up on the more general theme of the values that do or should inform global administrative law, and the book in this way provides a novel and thought-provoking commentary on this most engaging area of debate. Values in Global Administrative Law will be of interest to public lawyers, social and political scientists and scholars of international relations. It will also be an invaluable resource for undergraduate and postgraduate courses that touch partly or exclusively on the challenges of global governance.
Author: William B. Simons
Publisher: Martinus Nijhoff Publishers
ISBN: 9004285229
Category : Law
Languages : en
Pages : 380
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Book Description
This volume offers readers a multi-layer analysis of issues of law and society in Central and Eastern Europe, Russia, and Ukraine. This collection of thought-provoking essays deals with a wide range of subject matter including constitutional, administrative, civil, and criminal law, as well as aspects of legal culture, corruption, corporate social responsibility, and informal practices of judiciaries. Throughout the volume, readers are given not only a comparative perspective of current practices but are also offered a historical glimpse of law and philosophy in the region. The conclusions and analysis offered by these authors - from the ''East' as well as from the ''West'' - are supported by survey data, literature, legislation, and court practice in the region and abroad."
Author: Sava Alexander Vojcanin
Publisher: Transaction Publishers
ISBN: 9781412827362
Category : Law
Languages : en
Pages : 330
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Book Description
This festschrift, in honor of the work of Gray L. Dorsey, covers their major areas of his lifelong commitment to the culture and jurisprudence of law in an historical and comparative, East-West context. Within his normative framework, Dorsey took account of the crisis in positivism, Marxism, and alternative conceptions of value in the law. His work emphasized intercultural conflicts in a societal and global environment without surrendering the sense of western culture and its special contributions to legal and moral thought. The volume, originally prepared as a special issue of the Washington University Law Quarterly, has the benefit of an urbane new opening essay by Professor Vojcanin, which seeks to show how jurisculture is a "treasure map one may use to unearth the holes in which justice was hidden." It also contains a special essay by Gray Dorsey to conclude the volume in which he offers his current views on the philosophy of law and social theory in general. The volume is vigorous in its analysis, and central to any serious appraisal of the status of the philosophy of international law at this stage in history. The essays by Abraham Edel, Elizabeth Flower, Harold J. Berman, and Iredell Jenkins give special attention to this theme. The chapters by Jerome Hall, Herbert H.P. Ma, and Thomas H. Fang each take up a central issue in the relationship of world religion to world law. A third set of papers--by Edward McWhinney, Palitha T.B. Kohona, and Jacob W.F. Sundberg, discuss the major sociological implications of Dorsey's type of legal theory--with figures from Karl Marx, Max Weber, and F.S.C. Northrop covered in detail. For three decades, Gray L. Dorsey has contributed to comparative legal systems, emphasizing through his novel method of reasoning--jurisculture--a synthesis of empirical investigation and legal reasoning. Dorsey's work focuses on a set of meanings derived without reference to observed events, but by the adaptation and use of fundamental beliefs to organize and govern human cooperation. Gray L. Dorsey is Charles Nagel Professor Emeritus of Jurisprudence at International Law at Washington University Law School in St. Louis. He is the author of, among other works, Beyond the United States: Changing Discourse in International Politics and Law, and Jurisculture--the first two volumes, on Greece and Rome, and on India and China are now published by Transaction Publishers--with an additional five volumes remaining to complete this massive project. He is a past president of the International Association for Philosophy of Law and Social Philosophy.
Author: Tímea Drinóczi
Publisher: Routledge
ISBN: 1000172430
Category : Law
Languages : en
Pages : 166
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Book Description
This book challenges the idea that the Rule of Law is still a universal European value given its relatively rapid deterioration in Hungary and Poland, and the apparent inability of the European institutions to adequately address the illiberalization of these Member States. The book begins from the general presumption that the Rule of Law, since its emergence, has been a universal European value, a political ideal and legal conception. It also acknowledges that the EU has been struggling in the area of value enforcement, even if the necessary mechanisms are available and, given an innovative outlook and more political commitment, could be successfully used. The authors appreciate the different approaches toward the Rule of Law, both as a concept and as a measurable indicator, and while addressing the core question of the volume, widely rely on them. Ultimately, the book provides a snapshot of how the Rule of Law ideal has been dismantled and offers a theory of the Rule of Law in illiberal constitutionalism. It discusses why voters keep illiberal populist leaders in power when they are undeniably acting contrary to the Rule of Law ideal. The book will be of interest to academics and researchers engaged with the foundational questions of constitutionalism. The structure and nature of the subject matter covered ensure that the book will be a useful addition for comparative and national constitutional law classes. It will also appeal to legal practitioners wondering about the boundaries of the Rule of Law.
Author: John Raymond Wildman
Publisher:
ISBN:
Category : Corporation law
Languages : en
Pages : 572
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Book Description
Author: András Jakab
Publisher: Oxford University Press
ISBN: 0191063517
Category : Law
Languages : en
Pages : 425
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Book Description
It is clear that the current crisis of the EU is not confined to the Eurozone and the EMU, evidenced in its inability to ensure the compliance of Member States to follow the principles and values underlying the integration project in Europe (including the protection of democracy, the Rule of Law, and human rights). This defiance has affected the Union profoundly, and in a multi-faceted assessment of this phenomenon, The Enforcement of EU Law and Values: Ensuring Member States' Compliance, dissects the essence of this crisis, examining its history and offering coping methods for the years to come. Defiance is not a new concept and this volume explores the richness of EU-level and national-level examples of historical defiance – the French Empty Chair policy–, the Luxembourg compromise, and the FPÖ crisis in Austria - and draws on the experience of the US legal system and that of the integration projects on other continents. Building on this legal-political context, the book focuses on the assessment of the adequacy of the enforcement mechanisms whilst learning from EU integration history. Structured in four parts, the volume studies (1) theoretical issues on defiance in the context of multi-layered legal orders, (2) EU mechanisms of acquis and values' enforcement, (3) comparative perspective on law-enforcement in multi-layered legal systems, and (4) case-studies of defiance in the EU.
Author: Andrei Marmor
Publisher: Oxford University Press
ISBN: 9780198268970
Category : Law
Languages : en
Pages : 212
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Book Description
This book presents a comprehensive defence of legal positivism on the basis of a novel account of social conventions. Marmor argues that the law is founded on constitutive conventions, and that consequently moral values cannot determine what the law is. On the basis of a theory of socialconventions and an analysis of law's authoritative nature, the book sets out the scope of law in relation to moral and other critical values. The book also maintains, however, that moral values are objective. It comprises a detailed analysis of the concept of objectivity, arguing that many aspectsof the law, and of moral values, are metaphysically objective.
