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Judges and Judging in the History of the Common Law and Civil Law

Judges and Judging in the History of the Common Law and Civil Law Author Paul Brand
ISBN-10 9781139505574
Release 2012-01-12
Pages
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In this collection of essays, leading legal historians address significant topics in the history of judges and judging, with comparisons not only between British, American and Commonwealth experience, but also with the judiciary in civil law countries. It is not the law itself, but the process of law-making in courts that is the focus of inquiry. Contributors describe and analyse aspects of judicial activity, in the widest possible legal and social contexts, across two millennia. The essays cover English common law, continental customary law and ius commune, and aspects of the common law system in the British Empire. The volume is innovative in its approach to legal history. None of the essays offer straight doctrinal exegesis; none take refuge in old-fashioned judicial biography. The volume is a selection of the best papers from the 18th British Legal History Conference.



Ancient Law Ancient Society

Ancient Law  Ancient Society Author Dennis P. Kehoe
ISBN-10 9780472130436
Release 2017-08-15
Pages 216
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An engaging look at how ancient Greeks and Romans crafted laws that fit--and, in turn, changed--their worlds



The Foundations of Anglo American Corporate Fiduciary Law

The Foundations of Anglo American Corporate Fiduciary Law Author David Kershaw
ISBN-10 9781108651134
Release 2018-06-30
Pages
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This book explores the foundations and evolution of modern corporate fiduciary law in the United States and the United Kingdom. Today US and UK fiduciary law provide very different approaches to the regulation of directorial behaviour. However, as the book shows, the law in both jurisdictions borrowed from the same sources in eighteenth- and nineteenth-century English fiduciary and commercial law. The book identifies the shared legal foundations and authorities and explores the drivers of corporate fiduciary law's contemporary divergence. In so doing it challenges the prevailing accounts of corporate legal change and stability in the US and the UK.



Political Trials in Theory and History

Political Trials in Theory and History Author Jens Meierhenrich
ISBN-10 9781108107655
Release 2017-02-27
Pages
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From the trial of Socrates to the post-9/11 military commissions, trials have always been useful instruments of politics. Yet there is still much that we do not understand about them. Why do governments use trials to pursue political objectives, and when? What differentiates political trials from ordinary ones? Contrary to conventional wisdom, not all political trials are show trials or contrive to set up scapegoats. This volume offers a novel account of political trials that is empirically rigorous and theoretically sophisticated, linking state-of-the-art research on telling cases to a broad argument about political trials as a socio-legal phenomenon. All the contributors analyse the logic of the political in the courtroom. From archival research to participant observation, and from linguistic anthropology to game theory, the volume offers a genuinely interdisciplinary set of approaches that substantially advance existing knowledge about what political trials are, how they work, and why they matter.



The Making of South African Legal Culture 1902 1936

The Making of South African Legal Culture 1902 1936 Author Martin Chanock
ISBN-10 0521791561
Release 2001-03-05
Pages 571
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Martin Chanock's definitive perspective on the development of South Africa's legal system in the early twentieth century examines all areas of the law: criminal law and criminology; the Roman-Dutch law; the State's African law; Land, Labour and 'Rule of Law' questions. His revisionist analysis of the South African legal culture illustrates the larger processes of legal colonization, while the consideration of the interaction between imported doctrine and legislative models with local contexts and approaches also provides a basis for understanding the re-fashioning of law under circumstances of post-colonialism and globalization.



Law Times and Journal of Property

Law Times  and Journal of Property Author
ISBN-10 CHI:57399403
Release 1901
Pages
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Law Times and Journal of Property has been writing in one form or another for most of life. You can find so many inspiration from Law Times and Journal of Property also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Law Times and Journal of Property book for free.



A Law Dictionary and Glossary

A Law Dictionary and Glossary Author Alexander Mansfield Burrill
ISBN-10 UOM:35112104913001
Release 1867
Pages
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A Law Dictionary and Glossary has been writing in one form or another for most of life. You can find so many inspiration from A Law Dictionary and Glossary also informative, and entertaining. Click DOWNLOAD or Read Online button to get full A Law Dictionary and Glossary book for free.



A Matter of Interpretation Federal Courts and the Law

A Matter of Interpretation  Federal Courts and the Law Author Antonin Scalia
ISBN-10 9781400882953
Release 2018-01-30
Pages 200
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We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim—"distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal—good law." But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative. In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the “strict constructionism” that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly “smuggle” in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals. This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia’s ideas about judicial interpretation from varying standpoints. In the spirit of debate, Justice Scalia responds to these critics. Featuring a new foreword that discusses Scalia’s impact, jurisprudence, and legacy, this witty and trenchant exchange illuminates the brilliance of one of the most influential legal minds of our time.



Law lexicon or Dictionary of jurisprudence

Law lexicon  or  Dictionary of jurisprudence Author John Jane Smith Wharton
ISBN-10 PRNC:32101043148608
Release 1860
Pages 790
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Law lexicon or Dictionary of jurisprudence has been writing in one form or another for most of life. You can find so many inspiration from Law lexicon or Dictionary of jurisprudence also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Law lexicon or Dictionary of jurisprudence book for free.



Kings Barons and Justices

Kings  Barons and Justices Author Paul Brand
ISBN-10 1139439073
Release 2003-08-07
Pages
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This book is a study of two important and related pieces of thirteenth-century English legislation - the Provisions of Westminster of 1259 and the Statute of Marlborough of 1267 - and is the first on any of the statutes of this period of major legislative change. The Provisions of Westminster were the first major legislation enacted in England after Magna Carta, when Henry III surrendered control of government to a baronial council with an agenda of institutional reform. The Provisions were revised and reissued by the king in 1263, and a further revision in 1267 produced the Statute of Marlborough. Exceptionally good surviving documentation is used to follow the evolution of the individual clauses from initial suggestions for reform, through a series of drafts, to the various versions of the final texts.



How the Law Works

How the Law Works Author Gary Slapper
ISBN-10 9781317218012
Release 2016-04-28
Pages 320
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‘How the Law Works is a gem of a book, for law students and for everyone else. It is a must read for anyone interested in how society is shaped and controlled via law.’ Dr Steven Vaughan, solicitor, Senior Lecturer, Birmingham Law School ‘How the Law Works is a comprehensive, witty and easy-to-read guide to the law. I thoroughly recommend it to non-lawyers who want to improve their knowledge of the legal system and to potential students as an introduction to the law of England and Wales.’ HH Judge Lynn Tayton QC Reviews of the first edition: ‘A friendly, readable and surprisingly entertaining overview of what can be a daunting and arcane subject to the outsider.’ The Law Teacher ‘An easy-to-read, fascinating book . . . brimful with curios, anecdote and explanation.’ The Times How the Law Works is a refreshingly clear and reliable guide to today’s legal system. Offering interesting and comprehensive coverage, it makes sense of all the curious features of the law in day to day life and in current affairs. Explaining the law and legal jargon in plain English, it provides an accessible entry point to the different types of law and legal techniques, as well as today’s compensation culture and human rights law. In addition to explaining the role of judges, lawyers, juries and parliament, it clarifies the mechanisms behind criminal and civil law. How the Law Works is essential reading for anyone approaching law for the first time, or for anyone who is interested in an engaging introduction to the subject’s bigger picture.



Common law and liberal theory

Common law and liberal theory Author James Reist Stoner
ISBN-10 UOM:39076001431787
Release 1992
Pages 287
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Common law and liberal theory has been writing in one form or another for most of life. You can find so many inspiration from Common law and liberal theory also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Common law and liberal theory book for free.



The Path of the Law

The Path of the Law Author Oliver Wendell Holmes Jr.
ISBN-10 9781775410577
Release 2009-05-01
Pages 42
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The Path of the Law is a short essay by Oliver Wendell Holmes, Jr., an American jurist who served on the Supreme Court of the United States from 1902 to 1932. A cornerstone of his jurisprudential philosophy was the prediction theory of law, believing the law should be defined specifically as a prediction of how the courts work. In The Path of the Law Holmes argues that a criminal isn't concerned about ethics or conceptions of natural law; they are concerned about avoiding punishment and jail. "The law", therefore, should be based on prediction of what will bring about punishment via the court system.



The royal dictionary cyclop dia for universal reference compiled under the direction of T Wright

The royal dictionary cyclop  dia  for universal reference  compiled under the direction of T  Wright Author Thomas Wright
ISBN-10 OXFORD:600093363
Release 1862
Pages
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The royal dictionary cyclop dia for universal reference compiled under the direction of T Wright has been writing in one form or another for most of life. You can find so many inspiration from The royal dictionary cyclop dia for universal reference compiled under the direction of T Wright also informative, and entertaining. Click DOWNLOAD or Read Online button to get full The royal dictionary cyclop dia for universal reference compiled under the direction of T Wright book for free.



Laws

Laws Author Plato Plato
ISBN-10 9781681956978
Release 2016-03-17
Pages 599
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Plato's last and longest dialogue “No man can be a true worshipper of the Gods who does not know these two principles—that the soul is the eldest of all things which are born, and is immortal and rules over all bodies” Plato's Laws is an exploration and explanation a number of basic issues in political and ethical philosophy as well as theology. This Xist Classics edition has been professionally formatted for e-readers with a linked table of contents. This eBook also contains a bonus book club leadership guide and discussion questions. We hope you’ll share this book with your friends, neighbors and colleagues and can’t wait to hear what you have to say about it. Xist Publishing is a digital-first publisher. Xist Publishing creates books for the touchscreen generation and is dedicated to helping everyone develop a lifetime love of reading, no matter what form it takes



Final Judgment

Final Judgment Author Alan Paterson
ISBN-10 9781782252795
Release 2014-07-18
Pages 366
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The House of Lords, for over 300 years the UK's highest court, was transformed in 2009 into the UK Supreme Court. This book provides a compelling and unrivalled view into the workings of the Court during its final decade, and into the formative years of the Supreme Court. Drawing on over 100 interviews, including more than 40 with Law Lords and Justices, and uniquely, some of their judicial notebooks, this is a landmark study of appellate judging 'from the inside' by an author whose earlier work on the House of Lords has provided a scholarly benchmark for over 30 years. The book demonstrates that appellate decision-making in the UK's final court remains a social and collective process, primarily because of the dialogues which take place between the judges and the key groups with which they interact when reaching their decisions. As the book shows, the forms of dialogue are now more varied, yet the most significant dialogues continue to be with their fellow Law Lords and Justices, and with counsel. To these, new dialogues have been added, namely those with foreign courts (especially Strasbourg) and with judicial assistants, which have subtly altered the tenor and import of their other dialogues. The research reveals that, unlike the English Court of Appeal, the House of Lords in its last decade was only intermittently collegial since Lord Bingham's philosophy of appellate judging left opinion writing, concurrences and dissents largely to individual preference. In the Supreme Court, however, there has been a marked shift to team working and collective decision-making bringing with it challenges and occasional tensions not seen in the final years of the House of Lords. The work shows that effectiveness in group-decision making in the final court turns in part on the stages when dialogues occur, in part on the geography of the court and in part on the task leadership and social leadership skills of the judges involved in particular cases. The passing of the Human Rights Act and the expansion in judicial review over the last 30 years have dramatically altered the two remaining dialogues - those with Parliament and with the Executive. With the former, the dialogue has grown more distant, with the latter, more problematic, than was the case 40 years ago. The last chapter rehearses where the changing dialogues have left the UK's final court. Ironically, despite the oft applauded commitment of the new Court to public visibility, the book concludes that even greater transparency in the dialogue with the public may be required. 'The way appellate judges at the highest level behave to each other, to counsel, with other branches of government and with other courts is brought under closer scrutiny in this book than ever before?The remarkable width and depth of his examination?has resulted in a work of real scholarship, which all those who are interested in how appellate courts work all over the common law world will find especially valuable.' From the foreword by Lord Hope of Craighead KT 'Alan Paterson's knowledge and interest in the Supreme Court, coupled with his expertise as a lawyer who understands the legal system and the judicial process, make him a perfect chronicler and assessor of what the Court's role is and what it should be, and how it functions and how it might improve.' Lord Neuberger, President of the Supreme Court



Subject Headings Used in the Dictionary Catalogs of the Library of Congress from 1897 Through June 1964

Subject Headings Used in the Dictionary Catalogs of the Library of Congress  from 1897 Through June 1964 Author
ISBN-10 MINN:31951000830038E
Release 1966
Pages 1432
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Subject Headings Used in the Dictionary Catalogs of the Library of Congress from 1897 Through June 1964 has been writing in one form or another for most of life. You can find so many inspiration from Subject Headings Used in the Dictionary Catalogs of the Library of Congress from 1897 Through June 1964 also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Subject Headings Used in the Dictionary Catalogs of the Library of Congress from 1897 Through June 1964 book for free.