Author: Wim Voermans, Maarten Stremler
Publisher: Edward Elgar Publishing
While their use and significance have increased in recent decades, constitutional preambles have received only scant attention in academic literature. This presents a uniquely quantitative and qualitative analysis of all the preambles currently in force around the world and addresses fascinating questions concerning their occurrence, content, style, function and legal status. Studying preambles not only helps us understand the phenomenon itself, but also teaches us more about constitutions and the constitutional systems in which they are situated.
Author: Cass R. Sunstein
Publisher: Oxford University Press on Demand
One of the nation's leading commentators on legal issues offers a new interpretation of the role of the law in a diverse society, arguing that the courts should avoid large, abstract issues and focus on practical solutions to particular cases. UP.
Author: Douglas Husak
Publisher: Oxford University Press
The United States today suffers from too much criminal law and too much punishment. Husak describes the phenomena in some detail and explores their relation, and why these trends produce massive injustice. His primary goal is to defend a set of constraints that limit the authority of states to enact and enforce penal offenses. The book urges the weight and relevance of this topic in the real world, and notes that most Anglo-American legal philosophers have neglected it. Husak's secondary goal is to situate this endeavor in criminal theory as traditionally construed. He argues that many of the resources to reduce the size and scope of the criminal law can be derived from within the criminal law itself-even though these resources have not been used explicitly for this purpose. Additional constraints emerge from a political view about the conditions under which important rights such as the right implicated by punishment-may be infringed. When conjoined, these constraints produce what Husak calls a minimalist theory of criminal liability. Husak applies these constraints to a handful of examples-most notably, to the justifiability of drug proscriptions.
Author: Cesare Beccaria
Publisher: Transaction Publishers
Cesare Beccaria’s influential Treatise on Crimes and Punishments is considered a foundational work in the field of criminology. Three major themes of the Enlightenment run through the Treatise: the idea that the social contract forms the moral and political basis of the work’s reformist zeal; the idea that science supports a dispassionate and reasoned appeal for reforms; and the belief that progress is inextricably bound to science. All three provide the foundation for accepting Beccaria’s proposals. It is virtually impossible to ascertain which of several versions of the Treatise that appeared during his lifetime best reflected Beccaria’s thoughts. His use of many Enlightenment ideas also makes it difficult to interpret what he has written. While Enlightenment thinkers advocated free men and free minds, there was considerable disagreement as to how this might be achieved, except in the most general terms. The editors have based this translation on the 1984 Francioni text, the most exhaustive critical Italian edition of Dei delitti e delle pene. This edition is the last that Beccaria personally oversaw and revised. This translation includes an outstanding opening essay by the editors and is a welcome introduction to Beccaria and the beginnings of criminology.
Author: Nicholas William Barber
Publisher: Oxford University Press
The Constitutional State provides an original account of the nature of the state and its constitution. This account casts light on some of the central puzzles faced by writers on constitutions - such as the possibility of states to undertake actions and form intentions, and the moral significance of these actions for the state's citizens.
Author: Thomas M. Franck, Gregory H. Fox
Publisher: Martinus Nijhoff
In this ground-breaking study, taken on the initiative of US Supreme Court Justice Sandra Day O'Connor, Thomas M. Franck and Gregory H. Fox explore the use of international law decisions by national courts. They provide in-depth materials for answers to such critical and practical questions as: to what extent do national judges treat the decisions of their international colleagues as binding or persuasive? Do national judges regard the outcomes of international decisions as res judicata? As evidence of law or fact? Their analysis and conclusions constitute a valuable assessment of the role of international law in the legal culture of today's nations.
Author: Alfred Denning
Publisher: OUP Oxford
Two central themes run through The Due Process of Law. The first is the workings of the various "measures authorised by the law so as to keep the streams of justice pure" - that is to say, contempt of court, judicial inquiries, and powers of arrest and search. The second is the recent development of family law, focusing particularly on Lord Denning's contribution to the law of husband and wife. These broad themes are elaborated through a discussion of Lord Denning's own judgments and opinions on a wide range of topics.
Author: Martin Levy, Craig L. Jackson
Publisher: Aspen Publishers
Constitutional Law: Cases and Materials, Second Edition is structured for a three-to-five hour introductory course in Constitutional Law. Coverage includes a review of the power of the three coordinate branches of the federal government with�--as befitting a law school--particular emphasis on the Federal and Supreme Courts. Also, as befitting our law school's namesake, Thurgood Marshall, emphasis in regard to Individual Rights includes Application of the Bill of Rights and the fundamental rights to Due Process, both substantive and procedural, as well as Equal Protection. First Amendment issues are not included: given their importance, it is assumed that they will be covered in separate course offerings, as is now most often the case. A word in regard into coverage in this volume that is unique and/or meaningful in regard to our approach to the subject matter, is also fitting. We feel there are significant and meaningful differences in this work. Structuring Article III jurisdictional requirements as they are affected by a given subject matter in relation to how the judicial power should be applied in a democratic society has been a traditional challenge in Constitutional Law Casebooks. To facilitate understanding we commence the course so as to confront the interplay between these issues. Thus, this work begins with a "mini course" in Supreme Court decision making. Here, we unabashedly use the controversy generated by the "privacy and abortion cases" to show how actual case law is effected by the "weak origins" of judicial review and the conflict in the need to limit governmental power (the Constitution as fundamental law) by a non-elected Court in a democratic society. Our purpose is to allow the student to understand how the substantive contemporary controversies in the subject matter affect how the Court applies the judicial power. We feel this is an excellent means to prepare the student to understand how the use of the case and controversy requirements in Article III are applied to restrain the judicial power and bow to the democratic process, as exemplified by the "historic" privacy cases. We also feel that allowing the students exposure to some of the classic articles dealing with these issues will also benefit their understanding of the subject matter. Our experience in commencing with a "mini course" in constitutional decision making, as a pre-requisite to covering substantive case law, has been quite positive. We feel this work is also distinguishable and attractive where a desire to emphasize civil rights and the Fourteenth Amendment is present. Here, as one might expect from Faculty of the Thurgood Marshall School of Law, there is more extensive coverage of slavery, segregation, and civil rights, with a very "realist view" of the role the Supreme Court has played from slavery to present. Thus, we emphasize Fourteenth Amendment Rights and their enforcement. Faculty who share our interests and concerns we feel will well benefit from selection of the work, and we welcome any questions in this regard. Martin Levy Craig Jackson
Author: Georg Jellinek
Publisher: Gale, Making of Modern Law
The Making of Modern Law: Foreign, Comparative and International Law, 1600-1926, brings together foreign, comparative, and international titles in a single resource. Its International Law component features works of some of the great legal theorists, including Gentili, Grotius, Selden, Zouche, Pufendorf, Bijnkershoek, Wolff, Vattel, Martens, Mackintosh, Wheaton, among others. The materials in this archive are drawn from three world-class American law libraries: the Yale Law Library, the George Washington University Law Library, and the Columbia Law Library.Now for the first time, these high-quality digital scans of original works are available via print-on-demand, making them readily accessible to libraries, students, independent scholars, and readers of all ages.+++++++++++++++The below data was compiled from various identification fields in the bibliographic record of this title. This data is provided as an additional tool in helping to insure edition identification: +++++++++++++++Yale Law LibraryLP3Y100890019050101The Making of Modern Law: Foreign, Comparative, and International Law, 1600-1926Tubingen: J. C. B. Mohr (Paul Siebeck), 1905xii, 366 p.; 24 cmGermany
Author: Gonzalo De 1868-1915 Quesada
Publisher: Wentworth Press
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Author: Vicki C. Jackson, Mark V. Tushnet
This documentary supplement supports the use of Jackson and Tushnetâe(tm)s Comparative Constitutional Law and contains substantial examples from the constitutions discussed in that casebook. The second edition expands the treatment "dialogic" forms of judicial review, presenting material on the British Human Rights Act, and recent scholarly analyses of these forms of review. It incorporates a substantial discussion of the treatment of emergencies in the worlds's constitutional systems, focusing on the extent to which constitutions regulate government operations in emergencies by requiring executives to obtain authorization from legislatures or, in contrast, do so through direct judicial supervision of executive action.
Author: A. A. S. Zuckerman, Sergio Chiarloni, Peter Gottwald
Publisher: Oxford University Press on Demand
A sense of crisis in the administration of civil justice is present in many countries. Delays and high costs render access to the civil courts either useless or prohibitively expensive or both. The crisis takes different forms. In some jurisdictions the problems lie in high and unpredictable costs but in others there are overcrowded courts and exorbitant delays. Those interested in civil justice will be familiar with their own system but they will seldom have knowledge of other systems and these essays, written by leading experts in the field, survey different systems of civil justice from other jurisdictions. An understanding of other systems will enrich the reform discussions in which each country by drawing attention to common problems, to their roots, to the solutions tried and, above all, to the consequences (for better or for worse) of reform. Civil Justice in Crisis shows that we can learn from others' success but that we may find their failures even more instructive.