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Law's Empire
Ronald Dworkin Manufacturer: Belknap Press of Harvard University Press ProductGroup: Book Binding: Paperback Similar Items:
ASIN: 0674518365 |
Book Description
With the incisiveness and lucid style for which he is renowned, Ronald Dworkin has written a masterful explanation of how the Anglo-American legal system works and on what principles it is grounded. Law's Empire is a full-length presentation of his theory of law that will be studied and debated--by scholars and theorists, by lawyers and judges, by students and political activists--for years to come. </p>
Dworkin begins with the question that is at the heart of the whole legal system: in difficult cases how do (and how should) judges decide what the law is? He shows that judges must decide hard cases by interpreting rather than simply applying past legal decisions, and he produces a general theory of what interpretation is--in literature as well as in law--and of when one interpretation is better than others. Every legal interpretation reflects an underlying theory about the general character of law: Dworkin assesses three such theories. One, which has been very influential, takes the law of a community to be only what the established conventions of that community say it is. Another, currently in vogue, assumes that legal practice is best understood as an instrument of society to achieve its goals. Dworkin argues forcefully and persuasivel
Authors: Guerin Charles.
Catalog: Book
Media: Reliure inconnue
Release Date: 1926
Publisher: Kieffer Collection de l'Amour des Livres, 1926, in-8 Carré Relié Plein, Cartonnage Marron, Plats et Dos Abondamment Décor
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s in life) owes applauses and reproves. Its strong points are the impact of his critics, surely shaking the base of the `obvious arguments' of law. Ancient myths as objectiveness and law fidelity of the judge had been collapsed. Notwithstanding the foregoing, what he calls a new proposal - `law as integrity' - is an old hermeneutic method of the jurist from the Romanist systems (as in Brazil, where I come from).
Law interpretation grounded in principles is a well-known method in other juridical, non-utilitarian practices. Long ago a Portuguese scholar named Canotilho constructed a method in which the mining (or creating) of the legal rule to a concrete situation is done in the light of the Constitution and its basic political principles, such as: equality, liberty, morality, good faith, inter alia. This kind of `principiologic' conception perhaps came from a tradition in which law and justice were reputed as equals, and principles were expressions of natural rights given by god or breed in reason.
Nevertheless, I am not trying to underestimate the Herculean (to use a metaphor from his book) work of Professor Dworkin, his bridges between the opposite notions - legal rule and precedents, conventionalism and skepticism, objectivity and subjectivity - are themselves diligent analysis of the law phenomena. I can also say - with no fear of overstating - he is an untamable critic and an intransigent adversary of any kind of academic (or even pragmatic) hypocrisy in law.
Principles revisited.......2001-12-04
You should read it, though you may hate it.......1999-03-13
A must read!.......1999-02-21
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Good Faith in European Contract Law (The Common Core of European Private Law)
Manufacturer: Cambridge University Press ProductGroup: Book Binding: Hardcover ASIN: 0521771900 |
Book Description
This book starts by surveying the use or neglect of good faith in European contract law and traces its historical origins. Its central part takes thirty hypothetical situations that have attracted the application of good faith and analyzes them according to fifteen national legal systems. It concludes by explaining how European lawyers, whether from a civil or common law background, need to come to terms with the principle of good faith.Customer Reviews:
Un avanzado case book de derecho comparado.......2007-05-23
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The Future of Ideas: The Fate of the Commons in a Connected World
Lawrence Lessig Manufacturer: Vintage ProductGroup: Book Bin
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ringtone88.com s. He eloquently and persuasively decries this lopsided control of ideas and suggests practical solutions that consider the rights of both creators and consumers, while acknowledging the serious impact of new technologies on old ways of doing business. His proposals would let existing companies make money without using the tremendous advantages of incumbency to eliminate new killer apps before they can threaten the status quo. Readers who want a fair intellectual marketplace would do well to absorb the lessons in The Future of Ideas. --Rob Lightner Book Description The Internet revolution has come. Some say it has gone. In The Future of Ideas, Lawrence Lessig explains how the revolution has produced a counterrevolution of potentially devastating power and effect. Creativity once flourished because the Net protected a commons on which widest range of innovators could experiment. But now, manipulating the law for their own purposes, corporations have established themselves as virtual gatekeepers of the Net while Congress, in the pockets of media magnates, has rewritten copyright and patent laws to stifle creativity and progress.Lessig weaves the history of technology and its relevant laws to make a lucid and accessible case to protect the sanctity of intellectual freedom. He shows how the door to a future of ideas is being shut just as technology is creating extraordinary possibilities that have implications for all of us. Vital, eloquent, judicious and forthright, The Future of Ideas is a call to arms that we can ill afford to ignore. Customer Reviews:
In this book, Lessig does a great job explaining why the Internet became what it is (or at least what it was in 1999 or 2000). Ultimately the success of the Internet resulted from the fact that no one was in control... But his most important message is that corporate interests don't necessary like what it is, and are using their considerable powers to change it into something more useful to them. This isn't because these companies are evil - their approach is completely rational and legitimate. However, their interests and the interests of the public probably don't coincide here. The only way to ensure that future control and/or regulation properly balances public and corporate interests is to have an informed public. Professor Lessig's book is a great start.
Unfortunately, he doesn't talk much about what kinds of innovation DO happen in the current model (in the large), and how it contrasts with the kinds of innovation that happen in the other model (in the small) that he wants to try to enforce. The implication is that it's as little as possible while maintaining status quo, but that seems hard to believe. Maybe I'm just overly optimistic.
Book Description Distressing, disturbing, devastatingly detailed--this stunning examination of how modern laws are diminishing America exposes the drawbacks of rule-bound government, tells why nothing gets done, reveals the phony pretensions of law, and shows why well-intentioned laws have actually devalued rights. In short, The Death of Common Sense demonstrates how the buck never stops and how ell-meaning laws are creating a nation of enemies. (Poltics/Current Events)Customer Reviews:
Very worthwhile and insightful reading.
That is the fate of Philip K. Howard's "The Death of Common Sense". This short book details how America has deviated from being a bastion of freedom to being a nation subjugated by laws. Mr. Howard presents a wonderful case against government-induced regulation---laws so far removed from reality, so unworkable in practice and so disastrous for productivity. It would not be difficult countering some of his arguments, however I would deem it unlikely to rebut his central thesis which is that until Americans retain responsibility for their decisions instead of looking to arcane rulebooks, we should not expect the buck to stop anywhere. Hence the reason this book is more important now. As we look at the Sarbanes-Oakley act, a reaction to the Enron scandal, and the McCain-Feingold bill for campaign finance reform, we have to ask ourselves if the pill is not worse than the pain. Inherent in finely written law is the ability to subvert them, as was seen during the 2004 elections. Why should we citizens take the risk? The chapter "A Nation of Enemies" was illuminating. Quoting Isaiah Berlin, "Liberty for the wolves is death for the lambs," he advances the claim, which some deem legimitate, that enumerated rights can be antithetical to each other. Others definitely would argue to the contrary. Therein lies its beauty: the ability to teach without hectoring, to dispute without hurling invectives. Read this highly educative book and discover why "Relying on ourselves is...commonsense."
Kenneth Davis, "administrative rule-making is one of the greatest inventions of modern government." Herbert Kaufman, "Legal rules should be self-executing with the aim toward solutions that can be carried into effect without discretionary administration" "In the decades since World War II, we have constructed a system of regulatory law that basically outlaws common sense." The EPA has 10,000 pages of regulation. Federal statutes and formal
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ringtone88.com or perhaps even enforcing mandatory sterilization(ok I may be exaggerating a bit there). It is a fact of life, all "men" are created equal in the eyes of the law, and all of us are given the chance for the persuit of happiness. If Phillip K Howard had his way, we would be without laws protecting the handicapped, mentally ill, and indigent members of society. And yes, they need protection under the Law. Because if they are Not protected, people take advantage of or ignore the rights, needs and wants of an important group in our society. We all deserve the right to have a chance to contribute to society. So lets not have another wheelchair bound person drag themselves up the steps of a courthouse so he could appear for a trial. I guess Mr Howard missed that particular annecdote. I give this book 0 stars, if I am required to give it any, then make them negative.
Book Description The bestselling guide to the laws that govern constructionKnowledge of construction law and employment law is essential to running a successful construction business. Now, industry professionals don't have to rely on lawyers to translate the sometimes-confusing theories, principles, and established rules that regulate the business. In plain English, Smith, Currie & Hancock's Common Sense Construction Law, Third Edition provides a practical introduction to the significant legal topics and questions affecting construction industry professionals. General contractors, subcontractors, owners, and surety bond agents will turn to this updated edition of the bestselling guide again and again for: <ul> Complete with a CD-ROM containing over 180 sample contracts and documents from AIA, AGC, and EJCDC, Smith, Currie & Hancock's Common Sense Construction Law, Third Edition is an invaluable reference for industry professionals whose jobs rely on their ability to avoid unwelcome legal surprises that can cripple a project or kill a business.
Book Description Sam Margulies, Ph.D., J.D., one of the most experienced mediators in the country, shares his experience to help men make this unpleasant process as quick and amicable as possible. His suggestions on how to manage this turbulent period will significantly minimize the effects of divorce on the separating couple and on any children in the relationship. Taking into consideration custody issues, and giving specific financial and legal advice, this book will inform men about how to choose a lawyer, how to deal with a pre-nup,and when not to go to trial. Dr. Margulies explores all the elements that make for a good, fair divorce, as well as the importance of timing and the decision to get counseling. He also explains how to avoid a legal mess, how to predict the long-term implications of alimony and child support, how to divide up property, and how to negotiate the final agreement. In A Man's Guide to a Civilized Divorce, Dr. Margulies helps men avoid the treacherous waters of divorce and illustrates how, with the right advice, one can actually come through the process in pretty good shape.Customer Reviews:
I strongly recommend this book for anyone struggling to find an even keel as you head into the rough seas of divorce.
Les noyades de nantes.
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Legal Transplants: An Approach to Comparative Law, Second Edition
Alan Watson Manufacturer: University of Georgia Press ProductGroup: Book Binding: Hardcover Similar Items:
ASIN: 082031532X |
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Legal Transplants: An Approach to Comparative Law.......2007-03-16
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The Common Place of Law: Stories from Everyday Life (Chicago Series in Law and Society)
Patricia Ewick , and Susan S. Silbey Manufacturer: University Of Chicago Press ProductGroup: Book Binding: Paperback Similar Items:
ASIN: 0226227448 |
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An excellent, meticulously researched book........2000-03-06
"Before the law" is an attitude of awe and respect for the institution. Faith in that day in court, that statue of blind justice and the policeman is my friend. "Against the law" is an attitude of resistance to the institution. Law as a caprice of the powerful, and resistance the right way to deal with it. "With the law" is an attitude of game playing with the institution. I didn't make the rules, but me and my lawyer, we sure as hell will play the game. People shift and change among these modes depending on where they are in life, the particulars of the situation, and growing experience with the law.
The biggest contribution of this book is in highlighting the game playing aspect of dealing with law. I think game-playing gets short shrift from other law authors who may be stuck inside their very serious institution. Most other books reduce game-playing to simple economic theory and don't pay enough attention to the human side of gaming with the law. I mean, really. Just look at how big the sports section of the Sunday paper is versus the economic analysis section! Games are a big part of everyday life. Ewick & Silbey give game-playing the appropriate type of attention. Big bravo.
My only criticism is that the language of this book is mainly for an academic audience, and thus I give it only four stars-sorry. The writing could be de-academicized and made more powerful and popular. Overall it is an excellent, meticulously researched book
I got the book for its cover-the picture of chairs in newly shoveled parking space. Now that's a real hotbed of attitude in the informal/formal law divide. Thanks to the authors and worker-bees for all their work.
Common Place Of Law is anything but common.......1999-10-19
Using anecdotal material mixed with sociological theory, Ewing and Silbey have created an intelligent mix of the plebeian and the patrician.
A very, very important book for the study of law today........1998-11-11
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The Common Law of the Workplace: The Views of Arbitrators (National Acadeny of Arbitrators)
Manufacturer: BNA Books (Bureau of National Affairs) ProductGroup: Book Binding: Hardcover Similar Items:
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