The Long Arc of Legality PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download The Long Arc of Legality PDF full book. Access full book title The Long Arc of Legality by David Dyzenhaus. Download full books in PDF and EPUB format.
Author: David Dyzenhaus
Publisher: Cambridge University Press
ISBN: 1009058851
Category : Law
Languages : en
Pages : 491
Get Book
Book Description
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: David Dyzenhaus
Publisher: Cambridge University Press
ISBN: 1009058851
Category : Law
Languages : en
Pages : 491
Get Book
Book Description
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: David Dyzenhaus
Publisher: Cambridge University Press
ISBN: 1316518051
Category : History
Languages : en
Pages : 491
Get Book
Book Description
Explores how the central question of philosophy of law is the legal subject's: how can that be law for me?
Author: Richard D. Mohr
Publisher: Columbia University Press
ISBN: 0231135211
Category : Literary Criticism
Languages : en
Pages : 157
Get Book
Book Description
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: Robert Alexy
Publisher: Oxford University Press
ISBN: 0198796838
Category : Law
Languages : en
Pages : 353
Get Book
Book Description
Law's Ideal Dimension provides a comprehensive account in English of renowned legal theorist Robert Alexy's understanding of jurisprudence, as expanded upon from his publications A Theory of Legal Argumentation (OUP 1989), A Theory of Constitutional Rights (OUP 1985), and The Argument fromInjustice (OUP 1992).The collection is divided into three parts. Part One concerns the nature of law: it explores its real and ideal dimensions and how the ideal dimension of law is sometimes employed but does not play a systematically important role. Part Two discusses constitutional rights, human rights, andproportionality. It defends the construction of constitutional rights as principles against objections raised by the rule construction and elaborates on the nature of constitutional rights as well as the mathematical balancing of those rights. Part Three concerns the relation between argumentation,correctness, and law. The author concludes this volume with a biographical reflection.
Author: E. Thomas Sullivan
Publisher: Oxford University Press
ISBN: 0199990808
Category : Law
Languages : en
Pages : 264
Get Book
Book Description
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: T. Alexander Aleinikoff
Publisher: Stanford University Press
ISBN: 1503611426
Category : Political Science
Languages : en
Pages : 129
Get Book
Book Description
The international refugee regime is fundamentally broken. Designed in the wake of World War II to provide protection and assistance, the system is unable to address the record numbers of persons displaced by conflict and violence today. States have put up fences and adopted policies to deny, deter, and detain asylum seekers. People recognized as refugees are routinely denied rights guaranteed by international law. The results are dismal for the millions of refugees around the world who are left with slender prospects to rebuild their lives or contribute to host communities. T. Alexander Aleinikoff and Leah Zamore lay bare the underlying global crisis of responsibility. The Arc of Protection adopts a revisionist and critical perspective that examines the original premises of the international refugee regime. Aleinikoff and Zamore identify compromises at the founding of the system that attempted to balance humanitarian ideals and sovereign control of their borders by states. This book offers a way out of the current international morass through refocusing on responsibility-sharing, seeing the humanitarian-development divide in a new light, and putting refugee rights front and center.
Author: Kevin Boyle
Publisher: Henry Holt and Company
ISBN: 1429900164
Category : History
Languages : en
Pages : 432
Get Book
Book Description
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. Arc of Justice is the winner of the 2004 National Book Award for Nonfiction.
Author: E. Thomas Sullivan
Publisher: Oxford University Press
ISBN: 0199990816
Category : Law
Languages : en
Pages : 240
Get Book
Book Description
Topics such as military tribunals, same-sex marriage, informative privacy, reproductive rights, affirmative action, and states' rights fill the landscape of contemporary legal debate and media discussion, and they all fall under the umbrella of the Due Process Clauses of the United States Constitution. However, what is not always fully understood is the constitutional basis of these rights, or the exact list of due process rights as they have evolved over time through judicial interpretation. In The Arc of Due Process in American Constitutional Law, Sullivan and Massaro describe the intricate history of what are currently considered due process rights, and maintain that modern constitutional theory and practice must adhere to it. The authors focus on the origins and contemporary uses of due process principles in American constitutional law, while offering an overarching description of the factors or normative concepts that allow courts to invalidate a government action on the grounds of due process. They also analyze judicial interpretations and expressions as a key manner and perhaps the most powerful source of how due process has taken form in the United States. In the process of charting this arc, the authors describe the judicial analysis of rights within each category applying an illustrative list, and identify several fundamental norms that span these disparate threads of due process and the most salient principles that animate due process doctrine.
Author: Keeda J. Haynes
Publisher: Hachette UK
ISBN: 1541646290
Category : Political Science
Languages : en
Pages : 236
Get Book
Book Description
A searing exposé of the profound failures in our justice system, told by a woman who has journeyed from wrongfully accused prisoner to acclaimed public defender Keeda Haynes was a Girl Scout and a churchgoer, but after college graduation, she was imprisoned for a crime she didn’t commit. Her boyfriend had asked her to sign for some packages—packages she did not know were filled with marijuana. As a young Black woman falsely accused, prosecuted, and ultimately imprisoned, Haynes suffered the abuses of our racist and sexist justice system. But rather than give in to despair, she decided to fight for change. After her release, she attended law school at night, became a public defender, and ultimately staged a highly publicized campaign for Congress. At every turn of her unlikely story, she gives unique insights into the inequities built into our institutions. In the end, despite the injustice she endured, she emerges convinced that ours can become a true second-chance culture.
Author: M. Gerald Schwartzbach
Publisher: Ankerwycke
ISBN: 9781634251372
Category : Biography & Autobiography
Languages : en
Pages : 0
Get Book
Book Description
Leaning on the Arc: A Personal History of Criminal Defense is a memoir by renowned trial lawyer M. Gerald Schwartzbach, who is perhaps best known for successfully defending actor Robert Blake against charges he had murdered his wife. Each chapter details a different trial in the author s illustrious career that run the gamut from murder to malpractice, sexual assault to domestic abuse, from protecting the right of dissent to advocating expanded rights for defendants. Schwartzbach stands at the intersection of some of the key issues of our time and demonstrates how true justice can only happen when we refuse to objectify the defendant, whoever he or she may be, whatever his or her alleged crime. Finally, Leaning on the Arc is a firsthand, material, and applicable account of what it takes to practice criminal defense law at a high level, how it really works, what to watch out for, and how it all feels. Gerry Schwartzbach s fascinating book is not only packed with great tales of injustice subverted by intelligence and passion, but it reminds us how the litany of prosecutorial injustices we read about daily, can be overthrown by the old industrial-age values of diligence, deep thought, and a burning commitment to justice. Though many of the cases in this book are about the famous, I met him when he was defending a penniless and unknown close friend of mine. I know a stand-up man when I see one, and you should read this book to gain an introduction. Peter Coyote, Actor/Author "This is the fascinating memoir of an excellent, highly accomplished, practical and idealistic criminal defense lawyer, as committed to his clients, the proper functioning of the criminal justice system and the rule of law as any lawyer could be. The lesson to be drawn is that thoughtful and the most thorough preparation is the key ingredient for success in the practice of law, regardless of one's specialty." Robert Helman, Partner, Mayer Brown LLP, Adjunct Professor University of Chicago Law School"
