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Jurisprudence for an Interconnected Globe (Routledge Revivals)
by Catherine DauvergneThis title was first published in 2003.This book explores the interaction of globalization and the development of law. The framework of the book is established by William Twining, who asks how legal concepts can be generalised within a variety of legal orders. This theme is taken up by a group of leading Australian scholars, who produce essays on international economic law, including financial regulation and human rights, and citizenship, migration and crime, under the headings Globalization and the Laws of Money, Globalization and the Laws of People, Globalization, Cultures and Comparisons. This collection marks an important step towards the construction of a jurisprudence for a connected, but still culturally diverse, globe.
Jurisprudence An Introduction: சட்டவியல் ஓர் அறிமுகம்
by T. Sivakumarஇந்நூலை நீதித்துறை பற்றிய அறிமுக நூல் என்று கூற முடியாது. பயணத்தின் போது அடுத்தடுத்து சிவப்பு மற்றும் மஞ்சள் விளக்குகள் நிரம்பிய நெரிசல் மிகுந்த சாலையில் குறுகிய பச்சை விளக்கின் மட்டுப்படுத்தப்பட்ட அனுமதியுடன் வெளிப்படும் நீதித்துறையின் அறிமுகத்திற்கான அறிமுகம் அல்லது அறிமுக புத்தகம் என்று கூறலாம்
Jurisprudence Lawcards 2012-2013 (Lawcards)
by RoutledgeRoutledge Lawcards are your complete, pocket-sized guides to key examinable areas of the undergraduate law curriculum and the CPE/GDL. Their concise text, user-friendly layout and compact format make them an ideal revision aid. Helping you to identify, understand and commit to memory the salient points of each area of the law, shouldn’t you make Routledge Lawcards your essential revision companions? Fully updated and revised with all the most important recent legal developments, Routledge Lawcards are packed with features: Revision checklists help you to consolidate the key issues within each topic Colour coded highlighting really makes cases and legislation stand out Full tables of cases and legislation make for easy reference Boxed case notes pick out the cases that are most likely to come up in exams Diagrams and flowcharts clarify and condense complex and important topics '...an excellent starting point for any enthusiastic reviser. The books are concise and get right down to the nitty-gritty of each topic.' - Lex Magazine Routledge Lawcards are supported by a Companion Website offering: Flashcard glossaries allowing you to test your understanding of key terms and definitions Multiple Choice Questions to test and consolidate your revision of each chapter Advice and tips to help you better plan your revision and prepare for your exams Titles in the Series: Commercial Law; Company Law; Constitutional Law; Contract Law; Criminal Law; Employment Law; English Legal System; European Union Law; Evidence; Equity and Trusts; Family Law; Human Rights; Intellectual Property Law; Jurisprudence; Land Law; Tort Law
The Jurisprudence of Emergency: Colonialism and the Rule of Law (Law, Meaning, And Violence)
by Nasser HussainThe Jurisprudence of Emergency examines British rule in India from the late eighteenth to the early twentieth century, tracing tensions between the ideology of liberty and government by law used to justify the colonizing power's insistence on a regime of conquest. Nasser Hussain argues that the interaction of these competing ideologies exemplifies a conflict central to all Western legal systems—between the universal, rational operation of law on the one hand and the absolute sovereignty of the state on the other. The author uses an impressive array of historical evidence to demonstrate how questions of law and emergency shaped colonial rule, which in turn affected the development of Western legality. The pathbreaking insights developed in The Jurisprudence of Emergency reevaluate the place of colonialism in modern law by depicting the colonies as influential agents in the interpretation of Western ideas and practices. Hussain's interdisciplinary approach and subtly shaded revelations will be of interest to historians as well as scholars of legal and political theory.
The Jurisprudence of Emergency
by Nasser HussainHussain analyses the uses and the history of a range of emergency powers, such as the suspension of habeas corpus and the use of military tribunals. His study focuses on British colonialism in India from the late eighteenth to the early twentieth century to demonstrate how questions of law and emergency shaped colonial rule, which in turn affected the place of colonialism in modern law, depicting the colonies not as passive recipients but as agents in the interpretation and delineation of Western ideas and practices. Nasser Hussain is Professor of History at Amherst College.
Jurisprudence of Jurisdiction
by Shaun McVeighFor much of the history of the western legal order, jurisdiction has been the first question of law. This book investigates the difference that jurisdiction continues to make to the ordering of normative existence. It also follows the speculation that without an account of jurisdiction, jurisprudence would be left speechless, with no power to address the conditions of attachment to legal and political order. The starting point of this book lies with the claim that a sharper focus can be given to normative legal ordering through questions of jurisdiction than can be through those of moral responsibility or social action. This is so because jurisdiction articulates both the potentiality of law and the conditions of its exercise. It provides the idiom of response to the fact that there is law and to the fact that law institutes, judges and addresses a form of life. From this viewpoint the contributors to this book examine the institution of human rights, the new global and national orders of sovereign power and of trade and information, the judgment and government of death and desire, and the address of colonial and post-colonial legal idioms. In doing this the contributors also provide for the elaboration of questions of jurisdiction as part of the resources and repertoires of jurisprudence. This book provides a point of entry to an emergent genre of writing within doctrinal, historical and critical jurisprudence that has returned to questions of jurisdiction to think again about juridical order and change. In so doing, it also points to questions that must be asked for there to be any interdisciplinary study that addresses law.
The Jurisprudence of Law's Form and Substance (Routledge Revivals)
by Robert S. SummersThis title was first published in 2000: Robert S. Summers is a distinguished legal theorist whose work has had significant influence in Europe as well as the United States. The study of form and substance in law, the theme of this collection, marks many of his most distinctive contributions to law and legal philosophy over four decades.
A Jurisprudence of Movement: Common Law, Walking, Unsettling Place
by Olivia BarrLaw moves, whether we notice or not. Set amongst a spatial turn in the humanities, and jurisprudence more specifically, this book calls for a greater attention to legal movement, in both its technical and material forms. Despite various ways the spatial turn has been taken up in legal thought, questions of law, movement and its materialities are too often overlooked. This book addresses this oversight, and it does so through an attention to the materialities of legal movement. Paying attention to how law moves across different colonial and contemporary spaces, this book reveals there is a problem with common law’s place. Primarily set in the postcolonial context of Australia – although ranging beyond this nationalised topography, both spatially and temporally – this book argues movement is fundamental to the very terms of common law’s existence. How, then, might we move well? Explored through examples of walking and burial, this book responds to the challenge of how to live with a contemporary form of colonial legal inheritance by arguing we must take seriously the challenge of living with law, and think more carefully about its spatial productions, and place-making activities. Unsettling place, this book returns the question of movement to jurisprudence.
Jurisprudence of National Identity: Kaleidoscopes of Imperialism and Globalisation from Aotearoa New Zealand
by Nan SeuffertPresenting a unique blend of historical and contemporary research from a range of interdisciplinary and theoretical analysis, this book examines the intersection of 'race', gender and national identity. Focusing on New Zealand, the book highlights the ways in which shifts in national identity shape and limit legal claims for redress for historical racial injustices internationally. Key features: * Analyzes the identity configurations produced by New Zealand's process of 'settling' colonial injustices and highlights the wider relevance for other groups such as Australian aborigines and Native Americans. * Traces the connections and discontinuities between the free trade imperialism of the mid-19th Century and the Free Trade Globalization of the late 20th Century. * Rich, rigorous interdisciplinarity and use of a range of theoretical perspectives provides insights relevant to legal theorists, feminists and legal scholars internationally.
The Jurisprudence of Style: A Structuralist History Of American Pragmatism And Liberal Legal Thought (Cambridge Historical Studies In American Law And Society Series)
by Justin Desautels-SteinIn the contemporary domain of American legal thought there is a dominant way in which lawyers and judges craft their argumentative practice. More colloquially, this is a dominant conception of what it means to 'think like a lawyer'. Despite the widespread popularity of this conception, it is rarely described in detail or given a name. Justin Desautels-Stein tells the story of how and why this happened, and why it matters. Drawing upon and updating the work of Harvard Law School's first generation of critical legal studies, Desautels-Stein develops what he calls a jurisprudence of style. In doing so, he uncovers the intellectual alliance, first emerging at the end of the nineteenth century and maturing in the last third of the twentieth century, between American pragmatism and liberal legal thought. Applying the tools of legal structuralism and phenomenology to real-world cases in areas of contemporary legal debate, this book develops a practice-oriented understanding of legal thought.
A Jurisprudence of the Body (Palgrave Socio-Legal Studies)
by Michael Thomson Chris Dietz Mitchell TravisThis book brings together a range of theoretical perspectives to consider fundamental questions of health law and the place of the body within it. Health, and more recently health law, has long been animated by discussions of particular bodies - whether they are disordered, diseased, or disabled - but each of these classificatory regimes claim some knowledge about the body. This edited collection aims to uncover and challenge the fundamental assumptions that underpin medico-legal knowledge claims about such bodies. This exploration is achieved through a mix of perspectives, but many contributors look towards embodiment as a perspective that understands bodies to be shaped by their institutional contexts. Much of this work alerts us to the idea that medical practitioners not only respond to healthcare issues, but also create them through their own understandings of ‘normality’ and ‘fixing’. Bodies, as a result, cannot be understood outside of, or as separate to, their medical and legal contexts. This compelling book pushes the possibility of new directions in health care and health justice.
The Jurisprudence of the FIFA Dispute Resolution Chamber
by Frans De WegerThis book addresses the most important judicial aspects in relation to the Dispute Resolution Chamber (DRC), as well as the different categories of disputes, inter alia, the termination of player contracts, the amount of compensation, sporting sanctions, training compensation and the solidarity mechanism. The DRC was established in 2001 by FIFA for the purpose of resolving disputes regarding the international status and transfer of players. Since then the DRC has developed into a major and influential alternative resolution body, with an impressive and ever-increasing caseload. In this updated and revised Second Edition the most important decisions of the DRC as of the date of its establishment in 2001 until 2016 are analysed. It is a reference work for those with a legal and financial interest in professional football, such as lawyers, agents, managers and administrators, but is also aimed at researchers and academics.
Jurisprudence of the PCIJ and of the ICJ on Interim Measures of Protection
by Ewa Sałkiewicz-MunnerlynThis book deals with all the cases that came before the Permanent Court of International Justice (PCIJ) from 1922 to 1946, as well as those that were heard by its successor, the International Court of Justice (ICJ) from 1946 to 2020 in which interim measures of protection were either indicated or refused. The monograph shows how cases in which injunctive relief was sought were handled and how the PCIJ and the ICJ have undergone certain reforms over the years. The new approach taken by the author is to present all the matters brought before both the PCIJ and ICJ in full and to present the new requirements on the part of the ICJ that have been formulated in recent years. The book is aimed at law students, lecturers and those working in the field of international law.Ewa Sałkiewicz-Munnerlyn was a Polish diplomat working for the Ministry of Foreign Affairs from 1991 to 2018. She was appointed charge d’affaires at the Polish Embassy to the Holy See from 1993-1994, after which she served as the Polish consul at the Consular Division of the Polish Embassy in Washington D.C. from 1995-1999. She then held the position of Human Rights Officer of the OSCE in Macedonia (Skopje and Ohrid) and Bosnia and Hercegovina (Pale in Republika Srbska) from 2001-2005 and has also several times worked as a short-term observer of the OSCE during parliamentary and presidential elections in Ukraine, Russia, Moldova and Belarus. She attained a Ph.D. at the Jagiellonian University in Krakow, Poland and a post-graduate diploma at the Institut des Hautes Etudes Internationales in Geneva, Switzerland.
Jurisprudence, Text and Readings on the Philosophy of Law (American Casebook Series)
by George G. ChristieThis book is designed for use in courses in law schools and university departments of philosophy. It can serve as a text for basic and advanced courses and seminars. Readings include excerpts of classic works of Aristotle, Aquinas, Locke, Hobbes, Kant, Bentham, and Austin. Also included are excerpts from standard works of twentieth-century philosophers. The book explores current legal discourse with readings on topics such as sociobiology, Islamic law, the legal process school, legal feminism, critical legal studies, intersectionality and gender identity theories, law and economics, and new private law theories. It reprints leading cases on natural rights/human rights and readings from online blogs, op-ed essays, news stories and internet publications, as well as drawing on literary treatment of topics relevant to legal philosophy.
The Jurisprudential Legacy of Justice Ruth Bader Ginsburg
by Ryan Vacca Ann BartowProvides a sweeping overview of Justice Ginsburg’s jurisprudenceThe passing of Justice Ruth Bader Ginsburg in September of 2020 marked a grim day for women and the broader progressive legal community. In her twenty-seven years on the Supreme Court and thirteen years on the Court of Appeals, she was most known for her trailblazing work on gender equality; however, she also influenced the direction of a multitude of legal subject areas during her long tenure. The Jurisprudential Legacy of Justice Ruth Bader Ginsburg is a critical examination of Justice Ginsburg’s remarkable career, with a focus on the common themes and approaches underscoring her many rulings.In this edited volume, Ryan Vacca and Ann Bartow bring together leading scholars of American law to analyze Justice Ginsburg’s voting patterns and written opinions from the perspectives of subject matter experts. Each essay highlights areas of the law in which Justice Ginsburg had an outsized interest or impact. Chapters delve into topics such as gender equality, voting rights, the death penalty, civil and criminal procedure, employment discrimination, freedom of expression, bankruptcy, environmental law, immigration, and taxation. Together, they form a colorful tapestry that illustrates a long and celebrated judicial career, displaying Ginsburg’s immense influence on areas of the law well beyond women’s rights.The Jurisprudential Legacy of Justice Ruth Bader Ginsburg shares profound insights into its subject’s unique legal philosophy, and reminds us what we had and whom we lost with her passing.
Jurist in Context: A Memoir (Law in Context)
by William TwiningThis is the engaging and accessible intellectual memoir of a leading jurist. It tells the story of the development of his thoughts and writings over sixty years in the context of three continents and addresses the complexities of decolonisation, the troubles in Belfast, the contextual turn in legal studies, rethinking evidence and the implications of globalisation which have been central to his life and research. In propounding his original views as an enthusiastic self-styled 'legal nationalist', Twining maps his ideas of law as a unique discipline, which pervades all spheres of social and political life while combining theory and practice, concepts and values, facts and rules in uniquely fascinating ways. Addressed to academic lawyers generally and to other non-specialists, this story brings out the importance and fascinations of a discipline that has changed, expanded and diversified in the post-War years, with an eye to its future development and potential.
Juristic Concept of the Validity of Statutory Law: A Critique of Contemporary Legal Nonpositivism
by Malgorzata Kieltyka Andrzej GrabowskiThis book presents the theory of the validity of legal norms, aimed at the practice of law, in particular the jurisdiction of the constitutional courts. The postpositivist concept of the validity of statutory law, grounded on a critical analysis of the basic theories of legal validity elaborated up to now, is introduced. In the first part of the book a contemporary German nonpositivist conception of law developed by Ralf Dreier and Robert Alexy is analysed in order to answer the question whether the juristic concept of legal validity should include moral standards or criteria. In the second part, a postpositivist concept of legal validity and an innovative model of validity discourse, based on the juristic presumption of the validity of legal norms, are proposed. The book is a work on analytical legal theory, written from a postpositivist, detached point of view.
Juristische Klausuren und Hausarbeiten für Dummies (Für Dummies)
by Achim ZimmermannSouverän in Klausur und Hausarbeit punkten! Sie müssen in Ihrem Jurastudium eine Hausarbeit oder eine Klausur schreiben? Dabei ist nicht nur Fachwissen gefragt. Dieses Buch hilft Ihnen, die juristischen Methoden sicher zu beherrschen, die richtigen Schwerpunkte zu setzen und systematisch zu argumentieren. Lernen Sie, wie Sie gut strukturierte Texte schreiben und die richtigen juristischen Formulierungen anwenden. Achim Zimmermann verrät Ihnen außerdem, welche Fehler zu Punktabzügen führen, welche Formalien Sie bei Hausarbeiten beachten müssen und wie Sie bei Klausuren punkten können. Sie erfahren Was Gutachten- und Urteilsstil unterscheidet Wie Sie ein cleveres Zeitmanagement entlasten kann Wie Sie richtig zitieren Wie Sie mit Microsoft Word Ihrer Hausarbeit eine klare Struktur geben
Juristische Methoden für Dummies
by Werner F. KönigStehen Sie gerade am Anfang eines Jura-Studiums? Oder müssen Sie sich als Nicht-Jurist im Nebenfach mit Jura beschäftigen? Ist Ihnen die juristische Methodik noch fremd und fühlt sie sich für Sie gewöhnungsbedürftig an? Das muss nicht so bleiben! Dieses Buch führt Sie in die Logik der Juristerei ein und erklärt Ihnen in gewohnt verständlicher und anschaulicher Dummies-Manier die Welt der Normengefüge, Sachverhalte und Fallfragen, Auslegung und Fallbearbeitung. Und ganz nebenbei erfahren Sie auch, welche juristischen Todsünden Sie auf keinen Fall begehen sollten.
Juristische Methoden für Dummies (Für Dummies)
by Werner F. KönigStehen Sie gerade am Anfang eines Jura-Studiums? Oder müssen Sie sich als Nicht-Jurist im Nebenfach mit Jura beschäftigen? Ist Ihnen die juristische Methodik noch fremd und fühlt sie sich für Sie gewöhnungsbedürftig an? Das muss nicht so bleiben! Dieses Buch führt Sie in die Logik der Juristerei ein und erklärt Ihnen in gewohnt verständlicher und anschaulicher Dummies-Manier die Welt der Normengefüge, Sachverhalte und Fallfragen, Auslegung und Fallbearbeitung. Und ganz nebenbei erfahren Sie auch, welche juristischen Todsünden Sie auf keinen Fall begehen sollten.
Juristische Personen des öffentlichen Rechts und die Umsatzsteuer: Arbeitshilfen zum § 2b UStG
by Michael HorstDas Buch enthält eine Auswahl an Themen, welche für umsatzsteuerliche Würdigung im Alltag von jPdöR - besonders für die Gebietskörperschaften - von Bedeutung sind. §2b UStG wird aus Sicht einer Gebietskörperschaft dargestellt. Dabei orientiert sich das Buch an einem städtischen Haushalt. Praktische Arbeitshilfen und Beispiele ermöglichen den Transfer auf die individuellen kommunalen Umsätze.
Jurists and Jurisprudence in Medieval Italy: Texts and Contexts (Toronto Studies in Medieval Law)
by Osvaldo Cavallar Julius KirshnerJurists and Jurisprudence in Medieval Italy is an original collection of texts exemplifying medieval Italian jurisprudence, known as the ius commune. Translated for the first time into English, many of the texts exist only in early printed editions and manuscripts. Featuring commentaries by leading medieval civil law jurists, notably Azo Portius, Accursius, Albertus Gandinus, Bartolus of Sassoferrato, and Baldus de Ubaldis, this book covers a wide range of topics, including how to teach and study law, the production of legal texts, the ethical norms guiding practitioners, civil and criminal procedures, and family matters. The translations, together with context-setting introductions, highlight fundamental legal concepts and practices and the milieu in which jurists operated. They offer entry points for exploring perennial subjects such as the professionalization of lawyers, the tangled relationship between law and morality, the role of gender in the socio-legal order, and the extent to which the ius commune can be considered an autonomous system of law.
Jurists and Legal Science in the History of Roman Law (Routledge-Giappichelli Studies in Law)
by Fara NastiThis book provides a new approach to the study of the History of Roman Law. It collects the first results of the European Research Council Project, Scriptores iuris Romani - dedicated to a new collection of the texts of Roman jurisprudence, highlighting important methodological issues, together with innovative reconstructions of the profiles of some ancient jurists and works. Jurists were great protagonists of the history of Rome, both as producers and interpreters of law, since the Republican Age and as collaborators of the principes during the Empire. Nevertheless, their role has been underestimated by modern historians and legal experts for reasons connected to the developments of Modern Law in England and in Continental Europe. This book aims to address this imbalance. It presents an advanced paradigm in considering the most important aspects of Roman law: the Justinian Digesta, and other juridical late antique anthologies. The work offers an historiographic model which overturns current perspectives and makes way for a different path for legal and historical studies. Unlike existing literature, the focus is not on the Justinian Codification, but on the individualities of ancient Roman Jurists. As such, it presents the actual legal thought of its experts and authors: the ancient iuris prudentes. The book will be of interest to researchers and academics in Classics, Ancient History, History of Law, and contemporary legal studies.
Juror #3
by James Patterson Nancy AllenA young attorney tries her first case . . . and it's Murder One in a legal thriller from the world's #1 bestselling writer. <P><P>Ruby Bozarth, a newcomer to Rosedale, Mississippi, is also fresh to the Mississippi Bar--and to the docket of Circuit Judge Baylor, who taps Ruby as defense counsel in a racially charged felony. <P><P> The murder of a woman from one of the town's oldest families has Rosedale's upper crust howling for blood, and the prosecutor is counting on Ruby's inexperience to help him deliver a swift conviction. Ruby's client is a college football star who has returned home after a career-ending injury, and she is determined to build a defense that will stick. She finds help in unexpected quarters from Suzanne, a hard-charging attorney armed to the teeth, and Shorty, a diner cook who knows more than he lets on. <P><P> Ruby never belonged to the country-club set, but once she nearly married into it. As news breaks of a second murder, Ruby's ex-fiancé, Lee Greene, shows up on her doorstep--a Southern gentleman in need of a savior. As lurid, intertwining investigations unfold, no one in Rosedale can be trusted, especially the twelve men and women impaneled on the jury. They may be hiding the most incendiary secret of all. <P><b>A New York Times Bestseller</b>
The Jury
by Steve MartiniThe Attorney, which marked the return of Steve Martini's lawyer-sleuth Paul Madriani, was hailed for its "well-observed courtroom maneuverings" (The Christian Science Monitor) and "crisp dialogue and tart observations" (Publishers Weekly). Now Martini delivers the most daunting capital case of Madriani's career.Paul Madriani has ample reason to suspect he's representing a guilty man. Dr. David Crone, a respected medical researcher and principal in mapping the human genome, is charged with the murder of a young colleague: twenty-six-year-old Kalista Jordan, an African-American research physician whose body washed up on a beach in San Diego Bay. Forensic evidence links her murder with material in Crone's garage. Crone had both opportunity and motive: Kalista had recently ended their affair, and may have been deserting him professionally as well, moving on to a rival genetic research facility. However, when a key witness for the prosecution dies unexpectedly, leaving an incriminating note behind, Crone's innocence seems confirmed-until Madriani hits upon a potentially damning loose end.