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Law, Legal Culture and Politics in the Twenty First Century

Law, Legal Culture and Politics in the Twenty First Century
Author: Günther Doeker-Mach
Publisher: Franz Steiner Verlag
Total Pages: 538
Release: 2004
Genre: Philosophy
ISBN: 9783515083171

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This is a collection of essays on general and specific topics of comparative private and comparative public law by distinguished legal scholars from every part of the world in honour to the work of Alice Ehr-Soon Tay. The essays demonstrate the changing approach to common law in legal culture and present a body of texts on comparative law problems arching from Asia to Europe to Australia. The volume furthermore indicates that there is no area where comparative law has proved more dominant and useful than in regard to human rights and comparative constitutional analysis. Finally, this book is an outstanding cross-cultural contribution to comparative private law and comparative constitutional law in terms of understanding legal culture and law. It will be invaluable to all those who practise, teach or judge law. Articles by Kim Santow, Saul Fridman, W. M. C. Gummow, J. A. Jolowicz, Hiroshi Matsuo, Ivan Shearer, Christopher Birch, Tom Campbell, Roland Drago, Jennifer Hill, Michael Kirby, Karin Lemercier, Aleksander Peczenik, Robert S. Summers, Albert H.Y. Chen, Jianfu Chen, Edward McWhinney, Eric Smithburn, Klaus A. Ziegert, Margaret Allars, Han Depei, Guenther Doeker-Mach, Hoang Van Hao, Tommy Koh, Adam Lopatka, Gabriel A. Moens, Cao Duc Thai, Wang Gungwu, Peter Wesley-Smith, Murray Gleeson, Julia Horne List of Publications of Alice Erh-Soon-Tay .


No Litmus Test

No Litmus Test
Author: Michael C. Dorf
Publisher: Rowman & Littlefield
Total Pages: 326
Release: 2006
Genre: Law
ISBN: 9780742550308

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The courts and, indeed, the law itself are under assault from both right and left. By analyzing the most pressing controversies of our day, No Litmus Test defends the possibility of principled legal decision-making against the attacks of both the right and the left. From Bush v. Gore to the war in Iraq, No Litmus Test demonstrates that even when the law provides no clear-cut right answers, it offers tools for distinguishing good arguments from bad ones.


American Legal History

American Legal History
Author: Kermit L. Hall
Publisher: Oxford University Press, USA
Total Pages: 0
Release: 2011
Genre: Law
ISBN: 9780195395426

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This highly acclaimed text provides a comprehensive selection of the most important documents in American legal history, integrating the history of public and private law from America's colonial origins to the present. Devoting special attention to the interaction of social and legal change,American Legal History: Cases and Materials, Fourth Edition, shows how legal ideas developed in tandem with specific historical events and reveals a rich legal culture unique to America. The book also deals with state and federal courts and looks at the relationship between the development ofAmerican society, politics, and economy and how it relates to the evolution of American law. Introductions and instructive headnotes accompany each document, tying legal developments to broader historical themes and providing a social and political context essential to an understanding of thehistory of law in America.New to this Edition* New cases on hot-button issues including guns, education, terrorism, and same sex marriage and unions* Updated material on the War on Terror and the Supreme Court response to military trials* New material on the emerging laws surrounding transgendered people* Additional material on eminent domain and the Supreme Court's controversial decision in Kelo v. City of New LondonSetting the legal challenges of the twenty-first century in a broad context, American Legal History, Fourth Edition, is an indispensable text for students and teachers of constitutional and legal history, the judicial process, and the effects of society on law.


Civil Rights and Liberties in the 21st Century

Civil Rights and Liberties in the 21st Century
Author: John C. Domino
Publisher:
Total Pages: 374
Release: 2018
Genre: Law
ISBN: 9781138653757

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This up-to-date analysis of the Supreme Court's landmark rulings on civil rights and liberties is a discussion of the facts, legal issues, and constitutional questions surrounding those rulings. Domino's book serves as either a core text in courses on civil liberties and civil rights, or as a supplementary text in courses on constitutional law and the judiciary. The book is written in the belief that the key to understanding constitutional law is not having the right answers but asking the right questions. It encourages students to be critical thinkers and provides a historical context so students can better understand competing social, legal, and political interests affecting the Supreme Court's decisions today. The text also includes numerous short excerpts from some of the more influential, eloquent, and controversial Supreme Court opinions to illustrate the handiwork of the powerful legal minds who have helped to shape our society. It reminds us that "the Court" is not an abstract legal mechanism, but rather a group of human beings with divergent opinions. New to the Fourth Edition Up-to-date discussion of recent rulings, from the standpoint of the Court as a Cultural Tribunal, including: freedom of expression, including hate speech and the historic Citizens United case on campaign finance freedom of religion, including prayer during public meetings and the controversial Hobby Lobby case on corporate religious belief social issues, including reproductive rights & abortion and the landmark Obergefell case on same-sex marriage New section on obscenity and the First Amendment, including discussion of Internet pornography Expanded discussion of the use of GPS and thermal scanning technology by law enforcement and issues surrounding mobile phone privacy The nomination and confirmation politics surrounding the death of Antonin Scalia, the failed nomination of Merrick Garland, and the confirmation of Trump appointee Neil Gorsuch Analysis and comparison of the Roberts Court to the Rehnquist, Burger, and Warren Courts, revisiting the question of counterrevolution that set the theme for previous editions


History of Law and Other Humanities.Views of the legal world across the time

History of Law and Other Humanities.Views of the legal world across the time
Author: Valerio Massimo Minale
Publisher: Dykinson S.L.
Total Pages: 596
Release: 2019-07-09
Genre: Law
ISBN: 8413243084

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The collection of essays presented here examines the links forged through the ages between the realm of law and the expressions of the humanistic culture.We collected thirty-five essays by international scholars and organized them into sections of ten chapters based around ten different themes. Two main perspectives emerged: in some articles the topic relates to the conventional approach of law and/in humanities (iconography, literature, architecture, cinema, music), other articles are about more traditional connections between fields of knowledge (in particular, philosophy, political experiences, didactics).We decided not to confine authors to one particular methodological framework, preferring instead to promote historiographical openness. Our intention was to create a patchwork of different approaches, with each article drawing on a different area of culture to provide a new angle to the history being told. The variety of authorial nationalities gives the collection a multicultural character and the breadth of the chronological period it deals with from antiquity to the contemporary age adds further depth of insight.As the element that unites the collection is historiographical interpretation, we wanted to bring to the fore its historical depth. Thus for every chapter we organized the articles in chronological order according to the historical context covered.Looking at the final outcome, it was interesting to learn that more often than not the connection between law and humanities is not simply a relation between a specific branch of the law and a single field of the humanities, but rather a relation that could be developed in many directions at once, involving different fields of knowledge, and of arts and popular culture.We are grateful to Luigi Lacchè for his contribution to this collection. His essay outlines the coordinates of the law and humanities world, laying out the instruments necessary for an understanding of the origins of a complex methodology and the different approaches that exist within it.This project is the result of discussions that took place during the XXIII Forum of the Association of Young Legal Historians held in Naples in the spring of 2017. The book was made possible thanks to the advice and support of Cristina Vano.The Editors


Separate But Faithful

Separate But Faithful
Author: Amanda Hollis-Brusky
Publisher: Oxford University Press, USA
Total Pages: 313
Release: 2020
Genre: Law
ISBN: 0190637269

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The Frankfurter adage (or why legal movements need support structures) -- The genesis of the Christian conservative legal movement & the road not taken -- In the beginning : creation stories -- Human capital (or, "a generation of Christian attorneys") -- Social & cultural capital (or "credibility capital") -- Intellectual capital : preaching to convert or to the converted? -- At the apex of the support structure pyramid.


The Formation and Transmission of Western Legal Culture

The Formation and Transmission of Western Legal Culture
Author: Serge Dauchy
Publisher: Springer
Total Pages: 571
Release: 2016-12-01
Genre: Law
ISBN: 3319455672

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This volume surveys 150 law books of fundamental importance in the history of Western legal literature and culture. The entries are organized in three sections: the first dealing with the transitional period of fifteenth-century editions of medieval authorities, the second spanning the early modern period from the sixteenth to the eighteenth century, and the third focusing on the nineteenth and twentieth centuries. The contributors are scholars from all over the world. Each ‘old book’ is analyzed by a recognized specialist in the specific field of interest. Individual entries give a short biography of the author and discuss the significance of the works in the time and setting of their publication, and in their broader influence on the development of law worldwide. Introductory essays explore the development of Western legal traditions, especially the influence of the English common law, and of Roman and canon law on legal writers, and the borrowings and interaction between them. The book goes beyond the study of institutions and traditions of individual countries to chart a broader perspective on the transmission of legal concepts across legal, political, and geographical boundaries. Examining the branches of this genealogical tree of books makes clear their pervasive influence on modern legal systems, including attempts at rationalizing custom or creating new hybrid systems by transplanting Western legal concepts into other jurisdictions.


The Handbook of Law and Society

The Handbook of Law and Society
Author: Austin Sarat
Publisher: John Wiley & Sons
Total Pages: 481
Release: 2015-06-22
Genre: Political Science
ISBN: 1118701461

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Bringing a timely synthesis to the field, The Handbook of Law and Society presents a comprehensive overview of key research findings, theoretical developments, and methodological controversies in the field of law and society. Provides illuminating insights into societal issues that pose ongoing real-world legal problems Offers accessible, succinct overviews with in-depth coverage of each topic, including its evolution, current state, and directions for future research Addresses a wide range of emergent topics in law and society and revisits perennial questions about law in a global world including the widening gap between codified laws and “law in action”, problems in the implementation of legal decisions, law’s constitutive role in shaping society, the importance of law in everyday life, ways legal institutions both embrace and resist change, the impact of new media and technologies on law, intersections of law and identity, law’s relationship to social consensus and conflict, and many more Features contributions from 38 international expert scholars working in diverse fields at the intersections of legal studies and social sciences Unique in its contributions to this rapidly expanding and important new multi-disciplinary field of study


The Oxford Handbook of Law and Politics

The Oxford Handbook of Law and Politics
Author: Keith E. Whittington
Publisher: OUP Oxford
Total Pages: 828
Release: 2010-06-11
Genre: Political Science
ISBN: 0191616281

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The study of law and politics is one of the foundation stones of the discipline of political science, and it has been one of the most productive areas of cross-fertilization between the various subfields of political science and between political science and other cognate disciplines. This Handbook provides a comprehensive survey of the field of law and politics in all its diversity, ranging from such traditional subjects as theories of jurisprudence, constitutionalism, judicial politics and law-and-society to such re-emerging subjects as comparative judicial politics, international law, and democratization. The Oxford Handbook of Law and Politics gathers together leading scholars in the field to assess key literatures shaping the discipline today and to help set the direction of research in the decade ahead.


Rule of Law at the Beginning of the Twenty-first Century

Rule of Law at the Beginning of the Twenty-first Century
Author: Martin Belov
Publisher:
Total Pages: 346
Release: 2018
Genre: Rule of law
ISBN: 9789462368583

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This book is a collaborative effort of 22 authors, striving to provide a multi-discursive analysis of the structural challenges to rule of law at the beginning of the twenty-first century. It proposes critical assessment of the adjustment of rule of law to the shifts and changes in the socio-legal context and in the institutional design on all levels of socio-legal relations - national, international and supranational - as well as in many spheres of the social life. Rule of Law at the Beginning of the Twenty-First Centuryputs forward a discussion on the capability of rule of law to cope with globalization, information revolution, financial capitalism, migration, social and political (dis)integration, terrorism, transnational corporate criminality, multilevel and supranational governance and constitutional pluralism. The book commences with deliberation on the conceptual, theoretical and normative features of rule of law. The aim is to advance discussion on the relationship between rule of law and other constitutional principles such as sovereignty, democracy, welfare state, subsidiarity and solidarity. Special emphasis is put on the role of the courts as well as on the investment arbitration for promotion or hindering of rule of law. Rule of law infringements are analyzed in comparative legal and socio-legal perspective in the light of the democratic backsliding hypothesis. Last but not least, the impact of migration on democracy, welfare state, solidarity and security as basic preconditions for well-established constitutional order based on rule of law is thoroughly researched.