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The Politics of the Common Law

The Politics of the Common Law
Author: Adam Gearey
Publisher: Routledge
Total Pages: 373
Release: 2013-05-02
Genre: Law
ISBN: 1135097887

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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.


Law and Politics

Law and Politics
Author: Keith E. Whittington
Publisher:
Total Pages: 0
Release: 2012
Genre: Law
ISBN: 9780415680356

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A new title in the Routledge Major Works series, Critical Concepts in Political Science, this is a four-volume collection of cutting-edge and canonical research on law and politics.


The Law of Political Economy

The Law of Political Economy
Author: Poul F. Kjaer
Publisher: Cambridge University Press
Total Pages: 423
Release: 2020-04-23
Genre: Law
ISBN: 1108493114

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"Political economy themes have - directly and indirectly - been a central concern of law and legal scholarship ever since political economy emerged as a concept in the early seventeenth century, a development which was re-inforced by the emergence of political economy as an independent area of scholarly enquiry in the eighteenth century, as developed by the French physiocrats. This is not surprising in so far as the core institutions of the economy and economic exchanges, such as property and contract, are legal institutions.In spite of this intrinsic link, political economy discourses and legal discourses dealing with political economy themes unfold in a largely separate manner. Indeed, this book is also a reflection of this, in so far as its core concern is how the law and legal scholarship conceive of and approach political economy issues"--


Force and Freedom

Force and Freedom
Author: Arthur Ripstein
Publisher: Harvard University Press
Total Pages: 416
Release: 2010-02-15
Genre: Philosophy
ISBN: 0674054512

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In this masterful work, both an illumination of Kant’s thought and an important contribution to contemporary legal and political theory, Arthur Ripstein gives a comprehensive yet accessible account of Kant’s political philosophy. Ripstein shows that Kant’s thought is organized around two central claims: first, that legal institutions are not simply responses to human limitations or circumstances; indeed the requirements of justice can be articulated without recourse to views about human inclinations and vulnerabilities. Second, Kant argues for a distinctive moral principle, which restricts the legitimate use of force to the creation of a system of equal freedom. Ripstein’s description of the unity and philosophical plausibility of this dimension of Kant’s thought will be a revelation to political and legal scholars. In addition to providing a clear and coherent statement of the most misunderstood of Kant’s ideas, Ripstein also shows that Kant’s views remain conceptually powerful and morally appealing today. Ripstein defends the idea of equal freedom by examining several substantive areas of law—private rights, constitutional law, police powers, and punishment—and by demonstrating the compelling advantages of the Kantian framework over competing approaches.


Public and Private

Public and Private
Author: Maurizio Passerin D'Entrèves
Publisher: Routledge
Total Pages: 192
Release: 2000-12-14
Genre: Philosophy
ISBN: 0203977777

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The public and private distinction is essential to our moral and political vocabularies as it continues to structure our social and legal practices. Public and Private provides a multidisciplinary perspective on this distinction which has been at the centre of controversial debate in recent years. The focus of the debate has been on delineating acceptable boundaries between public and private in economic, social and cultural spheres. What is the nature and scope of citizenship? What are the implications of new reproductive technologies? And what is the fate of state sovereignty in a globalised world economy? At first glance these questions may appear unrelated, yet they all raise underlying and serious concerns regarding the scope and proper boundaries between the public and the private. Public and Private will stimulate the current debate with its original approach and provide a valuable resource for all those interested in the role the public and private play in structuring our societies.


AUSTRALIAN LAW IN CONTEXT

AUSTRALIAN LAW IN CONTEXT
Author:
Publisher:
Total Pages:
Release: 2020
Genre:
ISBN: 9780409350449

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Politics and the Histories of International Law

Politics and the Histories of International Law
Author:
Publisher: BRILL
Total Pages: 513
Release: 2021-07-19
Genre: Law
ISBN: 9004461809

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This book brings together 18 contributions by authors from different legal systems and backgrounds. They address the political implications of the writing of the history of legal issues ranging from slavery over the use of force and extraterritorial jurisdiction to Eurocentrism.


A Guide to Civil Procedure

A Guide to Civil Procedure
Author: Brooke Coleman
Publisher: NYU Press
Total Pages: 448
Release: 2022-07-12
Genre: Law
ISBN: 1479805939

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"This book represents our efforts, and the efforts of our contributors, to center questions of inequality in the teaching, learning, and practice of civil procedure by shining a light on the ways in which civil procedure may privilege-or silence-voices in our courts"--


Legal Republicanism

Legal Republicanism
Author: Samantha Besson
Publisher: Oxford University Press
Total Pages: 364
Release: 2009-03-26
Genre: Law
ISBN: 0199559163

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Interest in republicanism as a political theory has burgeoned in recent years, but its implications for the understanding of law have remained largely unexplored. Legal Republicanism is the first book to offer a comprehensive, critical survey of the potential for creating republican accounts of fundamental issues in law and legal theory. Bringing together contributors with backgrounds in political and legal philosophy, the essays in the volume assess republicanism's historical traditions, conceptual coherence, and normative proposals. The collection offers a valuable insight into new debates taking place in republican political and legal theory. It also analyses potential republican approaches to concrete issues arising in areas of law such as criminal, constitutional and international law. Finally, the book includes comparisons between republican legal traditions and how they react to contemporary challenges. The book will be of value to political and democratic theorists, to legal philosophers and constitutional theorists, and all those interested in the legitimacy of decision-making in national and international settings.


Common Standards for K-12 Education?

Common Standards for K-12 Education?
Author: National Research Council
Publisher: National Academies Press
Total Pages: 104
Release: 2008-09-26
Genre: Education
ISBN: 0309125243

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Standards-based accountability has become a central feature of the public education system in each state and is a theme of national discussions about how achievement for all students can be improved and achievement gaps narrowed. Questions remain, however, about the implementation of standards and accountability systems and about whether their potential benefits have been fully realized. Each of the 50 states has adopted its own set of standards, and though there is overlap among them, there is also wide variation in the ways states have devised and implemented their systems. This variety may have both advantages and disadvantages, but it nevertheless raises a fundamental question: Is the establishment of common K-12 academic standards, which states could voluntarily adopt, the logical next step for standards-based reform? The goal of this book is not to answer the policy question of whether or not common standards would be a good idea. Rather, the book provides an objective look at the available evidence regarding the ways in which standards are currently functioning, the strategies that might be used to pursue common standards, and the issues that doing so might present.