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Law and the Limits of Reason

2008-12-23 Law
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Release : 2008-12-23
Genre : Law
Kind : eBook
Book Rating : 153/5 ( reviews)

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Book Synopsis Law and the Limits of Reason by : Adrian Vermeule

Download or read book Law and the Limits of Reason written by Adrian Vermeule. This book was released on 2008-12-23. Available in PDF, EPUB and Kindle. Book excerpt: Human reason is limited. Given the scarcity of reason, how should the power to make constitutional law be allocated among legislatures, courts and the executive, and how should legal institutions be designed? In Law and the Limits of Reason, Adrian Vermeule denies the widespread view, stemming from Burke and Hayek, that the limits of reason counsel in favor of judges making "living" constitutional law in the style of the common law. Instead, he proposes and defends a "codified constitution" - a regime in which legislatures have the primary authority to develop constitutional law over time, through statutes and constitutional amendments. Vermeule contends that precisely because of the limits of human reason, large modern legislatures, with their numerous and highly diverse memberships and their complex internal structures for processing information, are the most epistemically effective lawmaking institutions.

Facing the Limits of the Law

2009-04-21 Law
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Release : 2009-04-21
Genre : Law
Kind : eBook
Book Rating : 560/5 ( reviews)

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Book Synopsis Facing the Limits of the Law by : Erik Claes

Download or read book Facing the Limits of the Law written by Erik Claes. This book was released on 2009-04-21. Available in PDF, EPUB and Kindle. Book excerpt: Many legal experts no longer share an unbounded trust in the potential of law to govern society efficiently and responsibly. They often experience the 'limits of the law', as they are confronted with striking inadequacies in their legal toolbox, with inner inconsistencies of the law, with problems of enforcement and obedience, and with undesired side-effects, and so on. The contributors to this book engage in the challenging task of making sense of this experience. Against the background of broader cultural transformations (such as globalisation, new technologies, individualism and cultural diversity), they revisit a wide range of areas of the law and map different types of limits in relation to some basic functions and characteristics of the law. Additionally, they offer a set of strategies to manage justifiably law's limits, such as dedramatising law's limits, conceptual refinement ('constructivism'), striking the right balance between different functions of the law, seeking for complementarity between law and other social practices.

The Limits of Law

2005 Law
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Release : 2005
Genre : Law
Kind : eBook
Book Rating : 350/5 ( reviews)

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Book Synopsis The Limits of Law by : Austin Sarat

Download or read book The Limits of Law written by Austin Sarat. This book was released on 2005. Available in PDF, EPUB and Kindle. Book excerpt: This collection brings together well-established scholars to examine the limits of law, a topic that has been of broad interest since the events of 9/11 and the responses of U.S. law and policy to those events. The limiting conditions explored in this volume include marking law’s relationship to acts of terror, states of emergency, gestures of surrender, payments of reparations, offers of amnesty, and invocations of retroactivity. These essays explore how law is challenged, frayed, and constituted out of contact with conditions that lie at the farthest reaches of its empirical and normative force.

The Right to Do Wrong

2019-02-25 Law
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Release : 2019-02-25
Genre : Law
Kind : eBook
Book Rating : 200/5 ( reviews)

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Book Synopsis The Right to Do Wrong by : Mark Osiel

Download or read book The Right to Do Wrong written by Mark Osiel. This book was released on 2019-02-25. Available in PDF, EPUB and Kindle. Book excerpt: Much of what we could do, we shouldn’t—and we don’t. Mark Osiel shows that common morality—expressed as shame, outrage, and stigma—is society’s first line of defense against transgressions. Social norms can be indefensible, but when they complement the law, they can save us from an alternative that is far worse: a repressive legal regime.

Overcriminalization

2008-01-08 Philosophy
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Release : 2008-01-08
Genre : Philosophy
Kind : eBook
Book Rating : 996/5 ( reviews)

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Book Synopsis Overcriminalization by : Douglas Husak

Download or read book Overcriminalization written by Douglas Husak. This book was released on 2008-01-08. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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