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Taking Rights Seriously

2013-10-21 Philosophy
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Release : 2013-10-21
Genre : Philosophy
Kind : eBook
Book Rating : 330/5 ( reviews)

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Book Synopsis Taking Rights Seriously by : Ronald Dworkin

Download or read book Taking Rights Seriously written by Ronald Dworkin. This book was released on 2013-10-21. Available in PDF, EPUB and Kindle. Book excerpt: A landmark work of political and legal philosophy, Ronald Dworkin's Taking Rights Seriously was acclaimed as a major work on its first publication in 1977 and remains profoundly influential in the 21st century. A forceful statement of liberal principles - championing the legal, moral and political rights of the individual against the state - Dworkin demolishes prevailing utilitarian and legal-positivist approaches to jurisprudence. Developing his own theory of adjudication, he applies this to controversial public issues, from civil disobedience to positive discrimination. Elegantly written and cuttingly insightful, Taking Rights Seriously is one of the most important works of public thought of the last fifty years.

Taking Law Seriously

2022-01-27 Law
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Release : 2022-01-27
Genre : Law
Kind : eBook
Book Rating : 731/5 ( reviews)

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Book Synopsis Taking Law Seriously by : James Goudkamp

Download or read book Taking Law Seriously written by James Goudkamp. This book was released on 2022-01-27. Available in PDF, EPUB and Kindle. Book excerpt: This book celebrates the scholarship of Peter Cane. The significance and scale of his contributions to the discipline of law over the last half-century cannot be overstated. In an era of increasing specialisation, Cane stands out on account of the unusually broad scope of his interests, which extend to both private and public law in equal measure. This substantive breadth is combined with remarkable doctrinal, historical, comparative and theoretical depth. This book is written by admirers of Cane's work, and the essays probe a wide range of issues, especially in administrative law and tort law. Consistently with the international prominence that Cane's research has enjoyed, the contributors are drawn from across the common law world. The volume will be of value to anyone who is interested in Cane's towering contributions to legal scholarship and administrative law and tort law more generally.

The Rise of China and International Law

2019-09-10 Law
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Release : 2019-09-10
Genre : Law
Kind : eBook
Book Rating : 624/5 ( reviews)

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Book Synopsis The Rise of China and International Law by : Congyan Cai

Download or read book The Rise of China and International Law written by Congyan Cai. This book was released on 2019-09-10. Available in PDF, EPUB and Kindle. Book excerpt: The rise of China signals a new chapter in international relations. How China interacts with the international legal order--namely, how China utilizes international law to facilitate and justify its rise and how international law is relied upon to engage a rising China--has invited growing debate among academics and those in policy circles. Two recent events, the South China Sea Arbitration and the US-China trade war, have deepened tensions. This book, for the first time, provides a systematic and critical elaboration of the interplay between a rising China and international law. Several crucial questions are broached. These include: How has China adjusted its international legal policies as China's state identity changes over time, especially as it becomes a formidable power? Which methodologies has China adopted to comply with international law and, in particular, to achieve its new legal strategy of norm entrepreneurship? How does China organize its domestic institutions to engage international law in order to further its ascendance? How does China use international law at a national level (in the Chinese courts) and at an international level (for example, lawfare in international dispute settlement)? And finally, how should "Chinese exceptionalism" be understood? This book contributes significantly to the burgeoning and highly relevant scholarship on China and international law.

Taking Life Imprisonment Seriously in National and International Law

2002 Law
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Release : 2002
Genre : Law
Kind : eBook
Book Rating : 724/5 ( reviews)

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Book Synopsis Taking Life Imprisonment Seriously in National and International Law by : Dirk Van Zyl Smit

Download or read book Taking Life Imprisonment Seriously in National and International Law written by Dirk Van Zyl Smit. This book was released on 2002. Available in PDF, EPUB and Kindle. Book excerpt: CHAPTER 4 - GERMANY

Taking Rights Seriously

2018-06-25 Philosophy
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Release : 2018-06-25
Genre : Philosophy
Kind : eBook
Book Rating : 323/5 ( reviews)

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Book Synopsis Taking Rights Seriously by : Ronald Dworkin

Download or read book Taking Rights Seriously written by Ronald Dworkin. This book was released on 2018-06-25. Available in PDF, EPUB and Kindle. Book excerpt: What is law? What is it for? How should judges decide novel cases when the statutes and earlier decisions provide no clear answer? Do judges make up new law in such cases, or is there some higher law in which they discover the correct answer? Must everyone always obey the law? If not, when is a citizen morally free to disobey? A renowned philosopher enters the debate surrounding these questions. Clearly and forcefully, Ronald Dworkin argues against the “ruling” theory in Anglo-American law—legal positivism and economic utilitarianism—and asserts that individuals have legal rights beyond those explicitly laid down and that they have political and moral rights against the state that are prior to the welfare of the majority. Mr. Dworkin criticizes in detail the legal positivists’ theory of legal rights, particularly H. L. A. Hart’s well-known version of it. He then develops a new theory of adjudication, and applies it to the central and politically important issue of cases in which the Supreme Court interprets and applies the Constitution. Through an analysis of John Rawls’s theory of justice, he argues that fundamental among political rights is the right of each individual to the equal respect and concern of those who govern him. He offers a theory of compliance with the law designed not simply to answer theoretical questions about civil disobedience, but to function as a guide for citizens and officials. Finally, Professor Dworkin considers the right to liberty, often thought to rival and even preempt the fundamental right to equality. He argues that distinct individual liberties do exist, but that they derive, not from some abstract right to liberty as such, but from the right to equal concern and respect itself. He thus denies that liberty and equality are conflicting ideals. Ronald Dworkin’s theory of law and the moral conception of individual rights that underlies it have already made him one of the most influential philosophers working in this area. This is the first publication of these ideas in book form.

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