- Table View
- List View
Jurisprudence: Themes and Concepts
by Scott Veitch Emilios Christodoulidis Marco GoldoniJurisprudence: Themes and Concepts offers an original introduction to, and critical analysis of, the central themes studied in jurisprudence courses. The book is organised in three parts: Part I sets out the key elements of modern law and their relation to political, economic, and social conditions. Part II presents competing accounts of the nature of legal validity, legality, legal reasoning, and justice. Both parts feature corresponding tutorial questions. Part III contains advanced topics including chapters on legal pluralism, law and disciplinary power, and law and the Anthropocene. Every chapter gives guidance on further reading. This fourth edition has been fully revised and updated to take into account the latest developments in jurisprudential scholarship. Additional material is included in the coverage of social law, colonialism and critical race theory, the challenges of digital technology and the emergence of new legal subjects. Accessible, interdisciplinary and socially informed, Jurisprudence: Themes and Concepts is essential reading for all students of jurisprudence and legal philosophy.
Jurisprudence: Themes and Concepts (Critical Studies In Jurisprudence Ser.)
by Scott Veitch Emilios Christodoulidis Marco GoldoniJurisprudence: Themes and Concepts offers an original introduction to, and critical analysis of, the central themes studied in jurisprudence courses. The book is presented in three parts: the first two contain general themes with corresponding tutorial questions, and the third part contains advanced topics. Each chapter gives guidance on further reading. Accessible, interdisciplinary, and socially informed, this book has been revised to take into account the latest developments in jurisprudential scholarship.
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 Julius Kirshner Osvaldo CavallarJurists 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>
Jury and the Defense of Insanity
by Rita J. SimonThirty years after it was first published, the issues raised in The Jury and the Defense of Insanity remain pertinent. Rita James Simon examines how motivated and competent juries are, how well jurors understand and follow judges' instructions, their understand-ing of expert testimony, and the extent to which their own backgrounds and experiences influence their decisions. Simon provides a rare opportunity to observe how jurors go about the process of deliberating and reaching a verdict by following them into the jury room and recording their deliberations. This pathbreaking study of jury room behavior provides compelling evidence of the effectiveness of our trial by jury system.The Jury and the Defense of Insanity was the product of an experimental study con-ducted as part of the University of Chicago Jury Project. Over 1,000 jurors were chosen to participate, not as volunteers, but as part of their regular jury duty, in two experimental trials, one on a charge of housebreaking, the other of incest. In each the insanity de-fense was raised. Court judges instructed the jurors to consider the recorded trials they were about to hear with all the care and seriousness they would give to a real criminal prosecution, and the taped recordings of their deliberations make it clear that they did just that. These recordings, along with responses to detailed questionnaires, yielded significant data, equally applicable to civil as to criminal cases. We learn their reactions to their fellow jurors; personal evaluations of the quality and effectiveness of delibera-tions; the degree to which religion, sex, social status, education, and like factors affect participation in and influence on the course of the deliberation; and the recounting of and reliance upon personal experience in seeking to reach a verdict, among other in-sights furnished by this study.This is an exact record not a description or recollected account of the struggle of a jury to weigh evidence and achieve a just verdict. For lawyers whose job it is to win civil and criminal cases, for behavioral scientists who study male and female reactions in their cultural environment to the circumstances that confront them, and to all who are interested in how people behave and why, in a dramatic, socially significant situation, this is a fascinating and revealing book.
Jus Cogens
by Thomas WeatherallOne of the most complex doctrines in contemporary international law, jus cogens is the immediate product of the socialization of the international community following the Second World War. However, the doctrine resonates in a centuries-old legal tradition which constrains the dynamics of voluntarism that characterize conventional international law. To reconcile this modern iteration of individual-oriented public order norms with the traditionally State-based form of international law, Thomas Weatherall applies the idea of a social contract to structure the analysis of jus cogens into four areas: authority, sources, content and enforcement. The legal and political implications of this analysis give form to jus cogens as the product of interrelation across an individual-oriented normative framework, a State-based legal order, and values common to the international community as a whole.
Jus Post Bellum and Transitional Justice
by Larry May Elizabeth EdenbergThis collection of essays brings together jus post bellum and transitional justice theorists to explore the legal and moral questions that arise at the end of war and in the transition to less oppressive regimes. Transitional justice and jus post bellum share in common many concepts that will be explored in this volume. In both transitional justice and jus post bellum, retribution is crucial. In some contexts criminal trials will need to be held, and in others truth commissions and other hybrid trials will be considered more appropriate means for securing some form of retribution. But there is a difference between how jus post bellum is conceptualized, where the key is securing peace, and transitional justice, where the key is often greater democratization. This collection of essays highlights both the overlap and the differences between these emerging bodies of scholarship and incipient law.
Just Algorithms: Using Science to Reduce Incarceration and Inform a Jurisprudence of Risk
by Christopher SloboginStatistically-derived algorithms, adopted by many jurisdictions in an effort to identify the risk of reoffending posed by criminal defendants, have been lambasted as racist, de-humanizing, and antithetical to the foundational tenets of criminal justice. Just Algorithms argues that these attacks are misguided and that, properly regulated, risk assessment tools can be a crucial means of safely and humanely dismantling our massive jail and prison complex. The book explains how risk algorithms work, the types of legal questions they should answer, and the criteria for judging whether they do so in a way that minimizes bias and respects human dignity. It also shows how risk assessment instruments can provide leverage for curtailing draconian prison sentences and the plea-bargaining system that produces them. The ultimate goal of Christopher Slobogin's insightful analysis is to develop the principles that should govern, in both the pretrial and sentencing settings, the criminal justice system's consideration of risk.
Just American Wars: Ethical Dilemmas in U.S. Military History (War, Conflict and Ethics)
by Eric PattersonThis book examines the moral choices faced by U.S. political and military leaders in deciding when and how to employ force, from the American Revolution to the present day. Specifically, the book looks at discrete ethical dilemmas in various American conflicts from a just war perspective. For example, was the casus belli of the American Revolution just, and more specifically, was the Continental Congress a "legitimate" political authority? Was it just for Truman to drop the atomic bomb on Japan? How much of a role did the egos of Kennedy, Johnson and Nixon play in prolonging the Vietnam War? Often there are trade-offs that civilian and military leaders must take into account, such as General Scott’s 1847 decision to bombard the city of Veracruz in order to quickly move his troops off the malarial Mexican coast. The book also considers the moral significance and policy practicalities of different motives and courses of action. The case studies provided highlight the nuances and even limits of just war principles, such as just cause, right intention, legitimate authority, last resort, likelihood of success, discrimination, and proportionality, and principles for ending war such as order, justice, and conciliation. This book will be of interest for students of just war theory, ethics, philosophy, American history and military history more generally.
Just Babies: The Origins of Good and Evil
by Paul Bloom<P>A leading cognitive scientist argues that a deep sense of good and evil is bred in the bone. From John Locke to Sigmund Freud, philosophers and psychologists have long believed that we begin life as blank moral slates. Many of us take for granted that babies are born selfish and that it is the role of society--and especially parents--to transform them from little sociopaths into civilized beings. <P>In Just Babies, Paul Bloom argues that humans are in fact hardwired with a sense of morality. Drawing on groundbreaking research at Yale, Bloom demonstrates that, even before they can speak or walk, babies judge the goodness and badness of others' actions; feel empathy and compassion; act to soothe those in distress; and have a rudimentary sense of justice. <P>Still, this innate morality is limited, sometimes tragically. We are naturally hostile to strangers, prone to parochialism and bigotry. Bringing together insights from psychology, behavioral economics, evolutionary biology, and philosophy, Bloom explores how we have come to surpass these limitations. <P> Along the way, he examines the morality of chimpanzees, violent psychopaths, religious extremists, and Ivy League professors, and explores our often puzzling moral feelings about sex, politics, religion, and race. In his analysis of the morality of children and adults, Bloom rejects the fashionable view that our moral decisions are driven mainly by gut feelings and unconscious biases. <P>Just as reason has driven our great scientific discoveries, he argues, it is reason and deliberation that makes possible our moral discoveries, such as the wrongness of slavery. Ultimately, it is through our imagination, our compassion, and our uniquely human capacity for rational thought that we can transcend the primitive sense of morality we were born with, becoming more than just babies. <P>Paul Bloom has a gift for bringing abstract ideas to life, moving seamlessly from Darwin, Herodotus, and Adam Smith to The Princess Bride, Hannibal Lecter, and Louis C.K. Vivid, witty, and intellectually probing, Just Babies offers a radical new perspective on our moral lives. <P><b>A New York Times Bestseller</b>
Just Business: Christian Ethics for the Marketplace
by Alexander Hill"An ethical man is a Christian holding four aces." So said Mark Twain. But practicing Christians, at least, want to be ethical in all areas of life and work--not just when they are holding four aces. To those faced with the many questions and quandaries of doing business with integrity, Alexander Hill offers a place to begin. Alexander Hill carefully explores the foundational Christian concepts of holiness, justice and love. These keys to God's character, he argues, are also the keys to Christian business ethics. Hill then shows how some common responses to business ethics fall short of a fully Christian response. Finally, he turns to penetrating case studies on such pressing topics as employer-employee relations, discrimination and affirmative action, and environmental damage. This is an excellent introduction to business ethics for students and a bracing refresher for men and women already in the marketplace.
Just Business: Multinational Corporations and Human Rights (Norton Global Ethics Series)
by John Gerard Ruggie"A true master class in the art of making the impossible possible." --Paul Polman One of the most vexing human rights issues of our time has been how to protect the rights of individuals and communities worldwide in an age of globalization and multinational business. Indeed, from Indonesian sweatshops to oil-based violence in Nigeria, the challenges of regulating harmful corporate practices in some of the world's most difficult regions long seemed insurmountable. Human rights groups and businesses were locked in a stalemate, unable to find common ground. In 2005, the United Nations appointed John Gerard Ruggie to the modest task of clarifying the main issues. Six years later, he had accomplished much more than that. Ruggie had developed his now-famous "Guiding Principles on Business and Human Rights," which provided a road map for ensuring responsible global corporate practices. The principles were unanimously endorsed by the UN and embraced and implemented by other international bodies, businesses, governments, workers' organizations, and human rights groups, keying a revolution in corporate social responsibility. Just Business tells the powerful story of how these landmark "Ruggie Rules" came to exist. Ruggie demonstrates how, to solve a seemingly unsolvable problem, he had to abandon many widespread and long-held understandings about the relationships between businesses, governments, rights, and law, and develop fresh ways of viewing the issues. He also takes us through the journey of assembling the right type of team, of witnessing the severity of the problem firsthand, and of pressing through the many obstacles such a daunting endeavor faced. Just Business is an illuminating inside look at one of the most important human rights developments of recent times. It is also an invaluable book for anyone wanting to learn how to navigate the tricky processes of global problem-solving and consensus-building and how to tackle big issues with ambition, pragmatism, perseverance, and creativity.
Just Culture and the Criminalisation of Air Accidents
by Simon DanielsJust Culture and the Criminalisation of Air Accidents equips the reader with the tools to understand the meaning of criminalisation in the civil aviation industry. It enables them to resolve problems that arise in risk management within the context of their professional employment.By examining the priorities of pilots, air traffic controllers and prosecutors, this book analyses the anatomy of criminalisation in civil aviation and works towards constructing solutions that protect the professionals’ human rights and the Just Culture concept within the framework of criminal law and practice. It covers the duty of an air traffic controller to take the standard of care to guard against acts or omissions which might cause loss and give rise to a claim in negligence. The book illustrates the critical features discussed with numerous case studies from States and jurisdictions around the world.The book will benefit airline operators, pilots, air traffic controllers or managers, and aviation business managers.
Just Doctoring: Medical Ethics in the Liberal State
by Troyen A. BrennanThis title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1991.
Just Energy Transitions and Coal Bed Methane: The case of Indonesia (Energy, Climate and the Environment)
by Theresia Betty SumarnoThis book discusses how Coal Bed Methane (CBM) could help the acceleration of the energy transition in a ‘just’ way in Indonesia, due to the country's potential CBM reserves (and current dependence on climate damaging coal). Developing countries face multiple challenges in achieving their energy transitions. CBM in Indonesia could potentially be a catalyst for energy transition and subsequently improve access to energy. However, CBM faces numerous challenges and although Indonesia first developed its domestic CBM sector over more than a decade ago, they are still to implement this successfully. This book exposes the challenges and opportunities of CBM, exploring what lessons other countries could learn from Indonesia to improve the industry with a view to achieving energy transition and climate change targets. This book will be an invaluable reference for researchers and practitioners working in this field.
Just Fodder: The Ethics of Feeding Animals
by Josh MilburnAnimal lovers who feed meat to other animals are faced with a paradox: perhaps fewer animals would be harmed if they stopped feeding the ones they love. Animal diets do not raise problems merely for individuals. To address environmental crises, health threats, and harm to animals, we must change our food systems and practices. And in these systems, animals, too, are eaters.Moving beyond what humans should eat and whether to count animals as food, Just Fodder answers ethical and political questions arising from thinking about animals as eaters. Josh Milburn begins with practical dilemmas about feeding the animals closest to us, our pets or animal companions. The questions grow more complicated as he considers relationships with more distance – questions about whether and how to feed garden birds, farmland animals who would eat our crops, and wild animals. Milburn evaluates the nature and circumstances of our relationships with animals to generate a novel theory of animal rights.Looking past arguments about what we can and cannot do to other beings, Just Fodder asks what we can, should, and must do for them, laying out a fuller range of our ethical obligations to other animals.
Just Giving: Why Philanthropy Is Failing Democracy and How It Can Do Better
by Rob ReichThe troubling ethics and politics of philanthropyIs philanthropy, by its very nature, a threat to today’s democracy? Though we may laud wealthy individuals who give away their money for society’s benefit, Just Giving shows how such generosity not only isn’t the unassailable good we think it to be but might also undermine democratic values and set back aspirations of justice. Big philanthropy is often an exercise of power, the conversion of private assets into public influence. And it is a form of power that is largely unaccountable, often perpetual, and lavishly tax-advantaged. The affluent—and their foundations—reap vast benefits even as they influence policy without accountability. And small philanthropy, or ordinary charitable giving, can be problematic as well. Charity, it turns out, does surprisingly little to provide for those in need and sometimes worsens inequality.These outcomes are shaped by the policies that define and structure philanthropy. When, how much, and to whom people give is influenced by laws governing everything from the creation of foundations and nonprofits to generous tax exemptions for donations of money and property. Rob Reich asks: What attitude and what policies should democracies have concerning individuals who give money away for public purposes? Philanthropy currently fails democracy in many ways, but Reich argues that it can be redeemed. Differentiating between individual philanthropy and private foundations, the aims of mass giving should be the decentralization of power in the production of public goods, such as the arts, education, and science. For foundations, the goal should be what Reich terms “discovery,” or long-time-horizon innovations that enhance democratic experimentalism. Philanthropy, when properly structured, can play a crucial role in supporting a strong liberal democracy.Just Giving investigates the ethical and political dimensions of philanthropy and considers how giving might better support democratic values and promote justice.