The Rule of Law in the Real World

The Rule of Law in the Real World PDF Author: Paul Gowder
Publisher: Cambridge University Press
ISBN: 131649554X
Category : Law
Languages : en
Pages :

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Book Description
In The Rule of Law in the Real World, Paul Gowder defends a new conception of the rule of law as the coordinated control of power and demonstrates that the rule of law, thus understood, creates and preserves social equality in a state. In a highly engaging, interdisciplinary text that moves seamlessly from theory to reality, using examples ranging from Ancient Greece through the present, Gowder sheds light on how societies have achieved the rule of law, how they have sustained it in the face of political upheaval, and how it may be measured and developed in the future. The Rule of Law in the Real World is an essential work for scholars, students, policymakers, and anyone else who believes the rule of law is critical to the proper functioning of society.

The Rule of Law Under Fire?

The Rule of Law Under Fire? PDF Author: Raymond Wacks
Publisher: Bloomsbury Publishing
ISBN: 1509950591
Category : Law
Languages : en
Pages : 256

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Book Description
Does the rise of populism, authoritarianism, and nationalism threaten the welfare of the rule of law? Is this fundamental democratic ideal under siege? In this timely and important book, Raymond Wacks examines the philosophical roots of the rule of law and its modern, often contentious, interpretation. He then investigates 16 potential ideological, economic, legal, and institutional dangers to the rule of law. They range from the exercise of judicial and administrative discretion and parliamentary sovereignty, to the growth of globalisation, the 'war on terror', and the disquieting power of Big Tech. He also considers the enactment and enforcement in several countries of Draconian measures to curtail the spread of COVID-19, which has generated fears that these emergency powers may outlive the pandemic and become a permanent feature of the legal landscape, thereby impairing the rule of law. Wacks identifies which issues among this extensive array pose genuine risks to the rule of law, and suggests how they might be confronted to ensure its defence and preservation.

Research Handbook on the Law of Virtual and Augmented Reality

Research Handbook on the Law of Virtual and Augmented Reality PDF Author: Woodrow Barfield
Publisher: Edward Elgar Publishing
ISBN: 1786438593
Category : Computers
Languages : en
Pages : 712

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Book Description
Virtual and augmented reality raise significant questions for law and policy. When should virtual world activities or augmented reality images count as protected First Amendment ‘speech’, and when are they instead a nuisance or trespass? When does copying them infringe intellectual property laws? When should a person (or computer) face legal consequences for allegedly harmful virtual acts? The Research Handbook on the Law of Virtual and Augmented Reality addresses these questions and others, drawing upon free speech doctrine, criminal law, issues of data protection and privacy, legal rights for increasingly intelligent avatars, and issues of jurisdiction within virtual and augmented reality worlds.

Law's Rule

Law's Rule PDF Author: Gerald J. Postema
Publisher: Oxford University Press
ISBN: 0190645342
Category :
Languages : en
Pages : 401

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Book Description
The rule of law, once widely embraced and emulated, now faces serious threats to its viability. To get our bearings we must return to first principles. This book articulates and defends a comprehensive, coherent, and compelling conception of the rule of law and defends it against serious challenges to its intelligibility, relevance, and normative force. The rule of law's ambition, it argues, is to provide protection and recourse against the arbitrary exercise of power using the distinctive tools of the law. Law provides a bulwark of protection, a bridle on the powerful, and a bond constituting and holding together the polity and giving public expression to an ideal mode of association. Two principles immediately follow from this core: sovereignty of law, demanding that those who exercise ruling power govern with law and that law governs them, and equality in the eyes of the law, demanding that law's protection extend to all bound by it. Animating law's rule, the ethos of fidelity commits all members of the political community, officials and lay members alike, to take responsibility for holding each other accountable under the law. Part I articulates this conception and locates its moral foundation in a commitment to common membership of each person, recognizing their freedom, dignity, and status as peers. Part II addresses serious challenges currently facing law's rule: finding a place in the legal system for equity, mercy, and effective responses to emergencies, taming the new leviathans of the digital world, and extending law's rule beyond national borders.

Legitimacy

Legitimacy PDF Author: Wojciech Sadurski
Publisher: Oxford University Press
ISBN: 0192559052
Category : Law
Languages : en
Pages : 256

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Book Description
Traditionally, legitimacy has been associated exclusively with states. But are states actually legitimate? And in light of the legalization of international norms why should discussions of legitimacy focus only on the nation-state? The essays in this collection examine the nature of legitimacy, the legitimacy of the state, and the legitimacy of supranational institutions. The collection begins by asking: What sort of problem is legitimacy? Part I considers competing theories, in particular the work of John Rawls. Part II looks at the legitimacy of state apparatus, its institutions, officials, and the rule of law, and the future of state sovereignty. Part III expands the scope of legitimacy beyond the state to supranational institutions and international law. Written by theorists of considerable standing, the essays in this volume will be of interest to students and scholars of law, politics, and philosophy looking for ways of approaching the problem of how extra-territorial affairs affect a state's written and unwritten agreements with its citizens in a world where laws and norms with legal effect are increasingly made beyond the state.

The Anthem Companion to Philip Selznick

The Anthem Companion to Philip Selznick PDF Author: Paul van Seters
Publisher: Anthem Press
ISBN: 1785278266
Category : Social Science
Languages : en
Pages : 236

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Book Description
The Anthem Companion to Philip Selznick is a collection of essays by renowned authors on the preeminent sociologist, Philip Selznick (1919–2010). He is widely recognized for his major contributions to a number of fields, including general sociology, sociology of organizations, industrial sociology, sociology of law and moral sociology. The contributions in the book cross disciplinary boundaries, bridge disciplinary divides, and display an awareness of and respect for Selznick’s humanist sensibility. Selznick would have felt very comfortable in this company. In that sense, all the chapters of The Anthem Companion to Philip Selznick are true companions to Selznick’s sociology.

 PDF Author:
Publisher: Springer Nature
ISBN: 2494069319
Category :
Languages : en
Pages : 3792

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Book Description


Fervet Opus

Fervet Opus PDF Author: M. S. Groenhuijsen
Publisher: Maklu
ISBN: 9046603679
Category : Law
Languages : en
Pages : 250

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Book Description
On July 1, 2010, Prof. Dr. Anton van Kalmthout retired as a professor of the chair for 'Deprivation of Liberty in Criminal Law and Migration Law' at Tilburg University in the Netherlands. The Department of Criminal Law felt the need to honor van Kalmthout's emeritus status and recognize his contribution to legal science, in particular to the field of criminal law and migration law. This festschrift contains 23 contributions by authors who all have a personal and professional relationship with Anton van Kalmthout. The contributions include: Migrants' Choice for a Voluntary Return from Detention * Drug Policies in Europe * Exclusion of Ex-KhAD/WAD Members in the Netherlands * Entry, Return, Detention: Different Standards in Judicial Protection? * The Association Internationale de Droit Penal and the Establishment of the International Criminal Court * Where Do We Go from Here? Current Trends in Developing Juvenile Justice in Europe * Foreign Prisoners and Probation: To Discriminate or Not? * Introduction of the New York Double Strategy to Control Organized Crime in the Netherlands and the European Union * Special Minimum Sentences and Community Service in Contemporary Dutch Criminal Law * A Letter to Anton * Food for Thought: The CPT and Force-feeding of Prisoners on Hunger Strike * Implementation of Framework Decisions on the Enforcement of Foreign Criminal Judgments: (How) Can the Aim of Resocialization Be Achieved? * Deprivation of Illegally Obtained Advantage and the Shifting Burden of Proof * Sex at Catholic Boarding Schools and in Other Situations of Dependence * Just a Question of Decency * The Requirement of the Offender's Consent to Community Service * About the Human Rights Success Stories of the Council of Europe: Some Reflections on the Impact of the CPT upon the Case-Law of the European Court of Human Rights * A God Without Speech: Notes from Limbo * Evaluation of Closed Criminal Cases in the Netherlands: A Unique Experiment * Recent Developments on Euthanasia in the Netherlands after the Adoption of the 2001 Termination of Life on Request and Assistance in Suicide (Review Procedures) Act * The Protection of Detainees in Police Cells in the Netherlands Antilles and the Role of the CPT * A Humane Rule of Law * Release from Life Imprisonment: A Comparative Note on the Role of Pre-Release Decision Making in England and Germany

Libertarian Philosophy in the Real World

Libertarian Philosophy in the Real World PDF Author: Mark D. Friedman
Publisher: Bloomsbury Publishing
ISBN: 1472573420
Category : Philosophy
Languages : en
Pages : 240

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Book Description
Robert Nozick's Anarchy, State, and Utopia is widely recognized as one of the most influential works of modern political philosophy. Libertarian Philosophy in the Real World not only provides a concise and accessible introduction to Nozick's ideal rights-based, minimal libertarian state, but for the first time applies this moral framework to America's liberal democracy. Mark D. Friedman clearly presents Nozick's arguments for natural rights, showing that his theory undermines the very idea of social justice, and enables libertarians to rebut the most common objections to their doctrine. The book delivers a withering moral critique of the American welfare state, with chapters devoted to property rights, freedom of expression and association, paternalism, and the state's intervention in discrete aspects of modern life such as public education and healthcare. Friedman argues that reducing the liberal democratic state to its core functions would not produce the sort of moral catastrophe that might make us reconsider our commitment to individual rights. So, what is to be done? Friedman concludes with effective argumentative strategies for moving American politics in a more libertarian direction. Ideal for undergraduates and above studying political philosophy, political science, political ideology, rights and public policy, this text provides crucial insights into libertarian theory and its application.

The Rule of Law in the Real World

The Rule of Law in the Real World PDF Author: Paul Gowder
Publisher: Cambridge University Press
ISBN: 131649554X
Category : Law
Languages : en
Pages :

View

Book Description
In The Rule of Law in the Real World, Paul Gowder defends a new conception of the rule of law as the coordinated control of power and demonstrates that the rule of law, thus understood, creates and preserves social equality in a state. In a highly engaging, interdisciplinary text that moves seamlessly from theory to reality, using examples ranging from Ancient Greece through the present, Gowder sheds light on how societies have achieved the rule of law, how they have sustained it in the face of political upheaval, and how it may be measured and developed in the future. The Rule of Law in the Real World is an essential work for scholars, students, policymakers, and anyone else who believes the rule of law is critical to the proper functioning of society.

The Rule of Law Under Fire?

The Rule of Law Under Fire? PDF Author: Raymond Wacks
Publisher: Bloomsbury Publishing
ISBN: 1509950591
Category : Law
Languages : en
Pages : 256

View

Book Description
Does the rise of populism, authoritarianism, and nationalism threaten the welfare of the rule of law? Is this fundamental democratic ideal under siege? In this timely and important book, Raymond Wacks examines the philosophical roots of the rule of law and its modern, often contentious, interpretation. He then investigates 16 potential ideological, economic, legal, and institutional dangers to the rule of law. They range from the exercise of judicial and administrative discretion and parliamentary sovereignty, to the growth of globalisation, the 'war on terror', and the disquieting power of Big Tech. He also considers the enactment and enforcement in several countries of Draconian measures to curtail the spread of COVID-19, which has generated fears that these emergency powers may outlive the pandemic and become a permanent feature of the legal landscape, thereby impairing the rule of law. Wacks identifies which issues among this extensive array pose genuine risks to the rule of law, and suggests how they might be confronted to ensure its defence and preservation.

Research Handbook on the Law of Virtual and Augmented Reality

Research Handbook on the Law of Virtual and Augmented Reality PDF Author: Woodrow Barfield
Publisher: Edward Elgar Publishing
ISBN: 1786438593
Category : Computers
Languages : en
Pages : 712

View

Book Description
Virtual and augmented reality raise significant questions for law and policy. When should virtual world activities or augmented reality images count as protected First Amendment ‘speech’, and when are they instead a nuisance or trespass? When does copying them infringe intellectual property laws? When should a person (or computer) face legal consequences for allegedly harmful virtual acts? The Research Handbook on the Law of Virtual and Augmented Reality addresses these questions and others, drawing upon free speech doctrine, criminal law, issues of data protection and privacy, legal rights for increasingly intelligent avatars, and issues of jurisdiction within virtual and augmented reality worlds.

The Rule of Law in International and Comparative Context

The Rule of Law in International and Comparative Context PDF Author: Robert McCorquodale
Publisher: BIICL
ISBN: 9781905221424
Category : Law
Languages : en
Pages : 276

View

Book Description
Includes bibliographical references and index.

Law's Rule

Law's Rule PDF Author: Gerald J. Postema
Publisher: Oxford University Press
ISBN: 0190645342
Category :
Languages : en
Pages : 401

View

Book Description
The rule of law, once widely embraced and emulated, now faces serious threats to its viability. To get our bearings we must return to first principles. This book articulates and defends a comprehensive, coherent, and compelling conception of the rule of law and defends it against serious challenges to its intelligibility, relevance, and normative force. The rule of law's ambition, it argues, is to provide protection and recourse against the arbitrary exercise of power using the distinctive tools of the law. Law provides a bulwark of protection, a bridle on the powerful, and a bond constituting and holding together the polity and giving public expression to an ideal mode of association. Two principles immediately follow from this core: sovereignty of law, demanding that those who exercise ruling power govern with law and that law governs them, and equality in the eyes of the law, demanding that law's protection extend to all bound by it. Animating law's rule, the ethos of fidelity commits all members of the political community, officials and lay members alike, to take responsibility for holding each other accountable under the law. Part I articulates this conception and locates its moral foundation in a commitment to common membership of each person, recognizing their freedom, dignity, and status as peers. Part II addresses serious challenges currently facing law's rule: finding a place in the legal system for equity, mercy, and effective responses to emergencies, taming the new leviathans of the digital world, and extending law's rule beyond national borders.

Legitimacy

Legitimacy PDF Author: Wojciech Sadurski
Publisher: Oxford University Press
ISBN: 0192559052
Category : Law
Languages : en
Pages : 256

View

Book Description
Traditionally, legitimacy has been associated exclusively with states. But are states actually legitimate? And in light of the legalization of international norms why should discussions of legitimacy focus only on the nation-state? The essays in this collection examine the nature of legitimacy, the legitimacy of the state, and the legitimacy of supranational institutions. The collection begins by asking: What sort of problem is legitimacy? Part I considers competing theories, in particular the work of John Rawls. Part II looks at the legitimacy of state apparatus, its institutions, officials, and the rule of law, and the future of state sovereignty. Part III expands the scope of legitimacy beyond the state to supranational institutions and international law. Written by theorists of considerable standing, the essays in this volume will be of interest to students and scholars of law, politics, and philosophy looking for ways of approaching the problem of how extra-territorial affairs affect a state's written and unwritten agreements with its citizens in a world where laws and norms with legal effect are increasingly made beyond the state.

The Anthem Companion to Philip Selznick

The Anthem Companion to Philip Selznick PDF Author: Paul van Seters
Publisher: Anthem Press
ISBN: 1785278266
Category : Social Science
Languages : en
Pages : 236

View

Book Description
The Anthem Companion to Philip Selznick is a collection of essays by renowned authors on the preeminent sociologist, Philip Selznick (1919–2010). He is widely recognized for his major contributions to a number of fields, including general sociology, sociology of organizations, industrial sociology, sociology of law and moral sociology. The contributions in the book cross disciplinary boundaries, bridge disciplinary divides, and display an awareness of and respect for Selznick’s humanist sensibility. Selznick would have felt very comfortable in this company. In that sense, all the chapters of The Anthem Companion to Philip Selznick are true companions to Selznick’s sociology.

 PDF Author:
Publisher: Springer Nature
ISBN: 2494069319
Category :
Languages : en
Pages : 3792

View

Book Description


Fervet Opus

Fervet Opus PDF Author: M. S. Groenhuijsen
Publisher: Maklu
ISBN: 9046603679
Category : Law
Languages : en
Pages : 250

View

Book Description
On July 1, 2010, Prof. Dr. Anton van Kalmthout retired as a professor of the chair for 'Deprivation of Liberty in Criminal Law and Migration Law' at Tilburg University in the Netherlands. The Department of Criminal Law felt the need to honor van Kalmthout's emeritus status and recognize his contribution to legal science, in particular to the field of criminal law and migration law. This festschrift contains 23 contributions by authors who all have a personal and professional relationship with Anton van Kalmthout. The contributions include: Migrants' Choice for a Voluntary Return from Detention * Drug Policies in Europe * Exclusion of Ex-KhAD/WAD Members in the Netherlands * Entry, Return, Detention: Different Standards in Judicial Protection? * The Association Internationale de Droit Penal and the Establishment of the International Criminal Court * Where Do We Go from Here? Current Trends in Developing Juvenile Justice in Europe * Foreign Prisoners and Probation: To Discriminate or Not? * Introduction of the New York Double Strategy to Control Organized Crime in the Netherlands and the European Union * Special Minimum Sentences and Community Service in Contemporary Dutch Criminal Law * A Letter to Anton * Food for Thought: The CPT and Force-feeding of Prisoners on Hunger Strike * Implementation of Framework Decisions on the Enforcement of Foreign Criminal Judgments: (How) Can the Aim of Resocialization Be Achieved? * Deprivation of Illegally Obtained Advantage and the Shifting Burden of Proof * Sex at Catholic Boarding Schools and in Other Situations of Dependence * Just a Question of Decency * The Requirement of the Offender's Consent to Community Service * About the Human Rights Success Stories of the Council of Europe: Some Reflections on the Impact of the CPT upon the Case-Law of the European Court of Human Rights * A God Without Speech: Notes from Limbo * Evaluation of Closed Criminal Cases in the Netherlands: A Unique Experiment * Recent Developments on Euthanasia in the Netherlands after the Adoption of the 2001 Termination of Life on Request and Assistance in Suicide (Review Procedures) Act * The Protection of Detainees in Police Cells in the Netherlands Antilles and the Role of the CPT * A Humane Rule of Law * Release from Life Imprisonment: A Comparative Note on the Role of Pre-Release Decision Making in England and Germany

Libertarian Philosophy in the Real World

Libertarian Philosophy in the Real World PDF Author: Mark D. Friedman
Publisher: Bloomsbury Publishing
ISBN: 1472573420
Category : Philosophy
Languages : en
Pages : 240

View

Book Description
Robert Nozick's Anarchy, State, and Utopia is widely recognized as one of the most influential works of modern political philosophy. Libertarian Philosophy in the Real World not only provides a concise and accessible introduction to Nozick's ideal rights-based, minimal libertarian state, but for the first time applies this moral framework to America's liberal democracy. Mark D. Friedman clearly presents Nozick's arguments for natural rights, showing that his theory undermines the very idea of social justice, and enables libertarians to rebut the most common objections to their doctrine. The book delivers a withering moral critique of the American welfare state, with chapters devoted to property rights, freedom of expression and association, paternalism, and the state's intervention in discrete aspects of modern life such as public education and healthcare. Friedman argues that reducing the liberal democratic state to its core functions would not produce the sort of moral catastrophe that might make us reconsider our commitment to individual rights. So, what is to be done? Friedman concludes with effective argumentative strategies for moving American politics in a more libertarian direction. Ideal for undergraduates and above studying political philosophy, political science, political ideology, rights and public policy, this text provides crucial insights into libertarian theory and its application.