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| Author | : Jennifer Nedelsky |
| Publisher | : OUP USA |
| Total Pages | : 559 |
| Release | : 2011-10-11 |
| Genre | : Law |
| ISBN | : 0195147960 |
Jennifer Nedelsky claims that we must rethink our notion of autonomy, rejecting the usual vocabulary of control, boundaries and individual rights. If we understand that we are fundamentally in relation to others, she argues, we will recognize that we become autonomous with others.
| Author | : Mortimer Sellers |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 184 |
| Release | : 2007-08-30 |
| Genre | : Law |
| ISBN | : 140206490X |
By juxtaposing European and American concepts of autonomy in the law as they are applied to families, capital punishment and criminal trials, authors reveal the common values that justify all legal systems. This book sheds new light on the fundamental purpose of law by examining how European and American lawyers, judges, and citizens actually apply and should apply legal autonomy to litigation, legislation, and the law itself.
| Author | : Stanley N. Katz |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2018 |
| Genre | : |
| ISBN | : |
The law of charitable trusts in New York provides a wonderful example of the complexity of legal change. We hope to show that the so-called “restrictive” policy followed by New York was not really a legal policy of the state in the sense that it represented a rule deliberately designed to achieve a specific policy goal. On the contrary, it was largely the result of a highly traditional common law judicial response to social policy inputs having nothing at all to do with either the law of charity or the law of trusts. To this extent, it is an example of the “autonomy of law.” There were changes in New York law during the period that is the subject of this paper. We trace these developments as they occurred, by first surveying the English law of charity as it existed at the time of the Revolution, and then tracing the development in New York of a state law of charity from that time until 1844, when the New York courts appeared to have established a systematic approach to the subject. We then discuss the political and judicial reforms that were manifested in the Constitution of 1846 and resulted in the abolition of charitable trusts. Finally we recount the failure of Tilden's will and the resulting legislation that ultimately changed the law of charity in New York. We conclude by assessing the importance of this analysis for the history of American charity law and the history of American charity itself.
| Author | : Emilios Christodoulidis |
| Publisher | : Cambridge University Press |
| Total Pages | : 76 |
| Release | : 2023-09-11 |
| Genre | : Philosophy |
| ISBN | : 1009019201 |
This Element looks first at the fundamental principle of modernity that is the functional differentiation of society, and the emergence of autonomous, positive law. The careful architecture of differentiation, balance, and mutual performance between the legal, political and economic systems is jeopardised with the hypertrophy of any one of the structurally coupled systems at the expense of the others. The pathologies are described in the second section of the Element. It explores how, under conditions of globalisation, market thinking came to hoist itself to the position of privileged site of societal rationality. In the third section we look at what sustains law's own 'reflexive intelligence' under conditions of globalisation, and whether we can still rely today on the constitutional achievement to guarantee law's autonomy, its democratic credentials and its ability to reproduce normative expectations today.
| Author | : Mary Donnelly |
| Publisher | : Cambridge University Press |
| Total Pages | : 345 |
| Release | : 2010-11-18 |
| Genre | : Law |
| ISBN | : 1139491849 |
This analysis of the law's approach to healthcare decision-making critiques its liberal foundations in respect of three categories of people: adults with capacity, adults without capacity and adults who are subject to mental health legislation. Focusing primarily on the law in England and Wales, the analysis also draws on the law in the United States, legal positions in Australia, Canada, Ireland, New Zealand and Scotland and on the human rights protections provided by the ECHR and the Convention on the Rights of Persons with Disabilities. Having identified the limitations of a legal view of autonomy as primarily a principle of non-interference, Mary Donnelly questions the effectiveness of capacity as a gatekeeper for the right of autonomy and advocates both an increased role for human rights in developing the conceptual basis for the law and the grounding of future legal developments in a close empirical interrogation of the law in practice.
| Author | : Mortimer Sellers |
| Publisher | : |
| Total Pages | : 179 |
| Release | : 2007 |
| Genre | : Comparative law |
| ISBN | : |
Autonomy in the Law considers one of the most important benefits of the rule of law. Juxtaposing European and American conceptions of autonomy in the law of families, capital punishment and, criminal trials reveals the common values that justify all legal systems. Law protects the autonomy of individuals and associations by defending the boundaries of their own self-rule. This book illuminates the fundamental purpose of law by examining how European and American lawyers, judges and citizens do and should apply legal autonomy to the practical circumstances of litigation, legislation and the law.
| Author | : Peter Hilpold |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 369 |
| Release | : 2018-04-27 |
| Genre | : Law |
| ISBN | : 1788111710 |
Europe has reached a crisis point, with the call for self-determination and more autonomy stronger than it ever has been. In this book, renowned international lawyers give a detailed account of the present state of international law regarding self-determination and autonomy. Autonomy and Self-Determinationoffers readers both an overview of the status quo of legal discussions on the topic and an identification of the most important elements of discussion that could direct future legal developments in this field. This is done through the examination of key issues in abstract and in relation to specific cases such as Catalonia, Italy and Scotland. The book extends past a simple assessment of issues of autonomy and self-determination according to a traditional legal viewpoint, and rather argues that utopian international law ideas are the breeding ground for norms and legal institutions of the future. This insightful book will be an invaluable read for international lawyers and political science scholars. It provides a clear, yet detailed, analysis of the issues Europe is facing regarding autonomy and self-determination in the face of historical context, also making it a useful tool for European history scholars. Contributors include:X. Arzoz, A. Beauséjour, P. Hilpold, H. Hofmeister, E. López-Jacoiste, R. Müllerson, S. Oeter, B. Olmos, B. Roth, M. Suksi, A. Tancredi, D. Turp
| Author | : Philippe Nonet |
| Publisher | : Taylor & Francis |
| Total Pages | : 151 |
| Release | : 2017-07-12 |
| Genre | : Law |
| ISBN | : 1351509594 |
Year by year, law seems to penetrate ever larger realms of social, political, and economic life, generating both praise and blame. Nonet and Selznick's Law and Society in Transition explains in accessible language the primary forms of law as a social, political, and normative phenomenon. They illustrate with great clarity the fundamental difference between repressive law, riddled with raw conflict and the accommodation of special interests, and responsive law, the reasoned effort to realize an ideal of polity. To make jurisprudence relevant, legal, political, and social theory must be reintegrated. As a step in this direction, Nonet and Selznick attempt to recast jurisprudential issues in a social science perspective. They construct a valuable framework for analyzing and assessing the worth of alternative modes of legal ordering. The volume's most enduring contribution is the authors' typology-repressive, autonomous, and responsive law. This typology of law is original and especially useful because it incorporates both political and jurisprudential aspects of law and speaks directly to contemporary struggles over the proper place of law in democratic governance. In his new introduction, Robert A. Kagan recasts this classic text for the contemporary world. He sees a world of responsive law in which legal institutions-courts, regulatory agencies, alternative dispute resolution bodies, police departments-are periodically studied and redesigned to improve their ability to fulfill public expectations. Schools, business corporations, and governmental bureaucracies are more fully pervaded by legal values. Law and Society in Transition describes ways in which law changes and develops. It is an inspiring vision of a politically responsive form of governance, of special interest to those in sociology, law, philosophy, and politics.
| Author | : Sheila A.M. McLean |
| Publisher | : Routledge |
| Total Pages | : 244 |
| Release | : 2009-09-10 |
| Genre | : Law |
| ISBN | : 1135219052 |
The notion that consent based on the concept of autonomy, underpins a good or beneficent medical intervention is deeply rooted in the jurisprudence of most countries throughout the world. Autonomy, Consent and the Law examines these notions in the UK, Australia and the US, and critiques the way in which autonomy and consent are treated in bioethics and law.
| Author | : András Sajó |
| Publisher | : Eleven International Publishing |
| Total Pages | : 271 |
| Release | : 2004 |
| Genre | : Civil rights |
| ISBN | : 9077596046 |
This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.
