The Place Of Law

Author: Larry Barnett
Publisher: Routledge
ISBN: 1351477366
Size: 26.45 MB
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In this stimulating volume, Larry D. Barnett locates a fundamental defect in widespread assumptions regarding the institution of law. He asserts that scholarship on law is being led astray by currently accepted beliefs about the institution, and as a result progress in understanding law as a societal institution will be impeded until a more accurate view of law is accepted. This book takes on this challenge. The Place of Law addresses two questions that are at the heart of the institution of law. Why is law an evidently universal, enduring institution in societies characterized by a relatively high level of economic development and a relatively high degree of social complexity? And why do the concepts and doctrines of the institution of law differ between jurisdictions (states or nations) at one point in time and vary within a particular jurisdiction over time? These two questions, Barnett believes, should be prominent in any study of law. The framework for law Barnett proposes is concerned with activities that are fundamental aspects of social organization, that is, activities that are deeply embedded in social life. His viewpoint is grounded on a body of quantitative research pertinent to the societal sources and limits of law. Barnett argues that this perspective applies only to law in sovereign, democratic nations that are economically advanced and socially complex. In other environments, law's place as a societal institution is less secure. This innovative perspective will do much to enhance understanding and appreciation of the role of law in modern societies.

Law For Society

Author: Kevin M. Clermont
Publisher: Aspen Publishers
ISBN: 9780735568532
Size: 26.46 MB
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Law for Society: Nature, Functions, and Limits offers an illuminating conceptual framework that looks at five basic legal instruments with which the law addresses the problems and goals of society. For any Introduction to Law course or as secondary reading in political science, criminal justice, or general studies, Law for Society breaks down the very concept of "law" to answer the questions: What is law? How does law work? What can law do and not do? The book addresses the nature of law, its problem-solving functions, and the limits on what law can accomplish.

Social Problems Law And Society

Author: Angela Kathryn Stout
Publisher: Rowman & Littlefield
ISBN: 9780742542075
Size: 30.10 MB
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This volume represents a critical, issue-oriented approach to law and society, emphasizing its important relationship to contemporary social problems. Various empirical studies within the text explore the contradictory dynamics of class as they relate to race and gender in both a national and global context, illustrating the dialectical interplay between the state and social movements in the context of the larger political economy.

The Rule Of Law

Author: Cheryl Saunders
Publisher: Federation Press
ISBN: 9781862874596
Size: 20.67 MB
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The rule of law is acknowledged worldwide as central to good governance. Yet there often appears a huge gap between theory and practice, the acknowledgement no more than lip service. Where are the gaps? What are the problems? What is meant by 'the rule of law'? This book brings together the views of an extraordinary range of well-known authors. It contains essays by: Chief Justice Murray Gleeson, High Court of Australia; Justice Louise Arbour, Supreme Court of Canada; Justice Ruth Bader Ginsburg, Supreme Court of USA; Dr Radhika Coomaraswamy, the UN Special Rapporteur on Violence against Women; and Professors Saunders (Australia), Dyzenhaus (Canada) and Troper (France). Each essay is followed by a substantial comment by a distinguished Australian jurist - Justices Gaudron and Hayne, Sir Anthony Mason, Elizabeth Evatt, and Professors Saunders and McCormack - to highlight the relevance of the issues raised for Australia. The essays cover issues such as: the debate about the meaning and application of the rule of law, nationally and internationally; the gaps between the theory and practice of the rule of law; relations between governments and people; the tensions between the judiciary and the elected branches of government (for example, ouster of the jurisdiction of the Australian courts); international criminal justice; and the position of women in situations of conflict and insurrection. The analyses in the book draw on topical events ranging from the Florida appeal in the election of President Bush (Justice Ginsburg) to the indictment of Slobodan Milosevic at the War Crimes Tribunal (Justice Arbour, who was prosecutor).

Number Theoretic Density And Logical Limit Laws

Author: Stanley Burris
Publisher: American Mathematical Soc.
ISBN: 0821826662
Size: 80.58 MB
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This book shows how a study of generating series (power series in the additive case and Dirichlet series in the multiplicative case), combined with structure theorems for the finite models of a sentence, lead to general and powerful results on limit laws, including $0 - 1$ laws. The book is unique in its approach to giving a combined treatment of topics from additive as well as from multiplicative number theory, in the setting of abstract number systems, emphasizing the remarkable parallels in the two subjects. Much evidence is collected to support the thesis that local results in additive systems lift to global results in multiplicative systems. All necessary material is given to understand thoroughly the method of Compton for proving logical limit laws, including a full treatment of Ehrenfeucht-Fraisse games, the Feferman-Vaught Theorem, and Skolem's quantifier elimination for finite Boolean algebras. An intriguing aspect of the book is to see so many interesting tools from elementary mathematics pull together to answer the question: What is the probability that a randomly chosen structure has a given property? Prerequisites are undergraduate analysis and some exposure to abstract systems.

Law And Globalization From Below

Author: Boaventura de Sousa Santos
Publisher: Cambridge University Press
ISBN: 9781139446143
Size: 52.56 MB
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This book is an unprecedented attempt to analyze the role of the law in the global movement for social justice. Case studies in the book are written by leading scholars from both the global South and the global North, and combine empirical research on the ground with innovative sociolegal theory to shed new light on a wide array of topics. Among the issues examined are the role of law and politics in the World Social Forum; the struggle of the anti-sweatshop movement for the protection of international labour rights; and the challenge to neoliberal globalization and liberal human rights raised by grassroots movements in India and indigenous peoples around the world. These and other cases, the editors argue, signal the emergence of a subaltern cosmopolitan law and politics that calls for new social and legal theories capable of capturing the potential and tensions of counter-hegemonic globalization.

Logic And Random Structures

Author: DIMACS (Group)
Publisher: American Mathematical Soc.
ISBN: 0821805789
Size: 47.23 MB
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This volume contains selected papers from the DIMACS Workshop on Logic and Random Structures held in November 1995. The workshop was a major event of the DIMACS Special Year on Logic and Algorithms. The central theme was the relationship between logic and probabilistic techniques in the study of finite structures. In the last several years, this subject has developed into a very active area of mathematical logic with important connections to computer science. The DIMACS workshop was the first of its kind devoted to logic and random structures. Recent work of leaders in the field is contained in the volume, as well as new theoretical developments and applications to computer science.

The Rule Of Law

Author: Ian Shapiro
Publisher: NYU Press
ISBN: 9780814780244
Size: 80.90 MB
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From the sprawling remnants of the Soviet empire to the southern tip of Africa, attempts are underway to replace arbitrary political regimes with governments constrained by the rule of law. This ideal which subordinates the wills of individuals, social movements--and even, sometimes, democratically elected majorities--to the requirements of law, is here explored by leading legal and political thinkers. Part I of The Rule of Law examines the interplay of democracy and the rule of law, while Part II focusses on the centuries-old debate about the meaning of the rule of law itself. Part III takes up the constraints that rationality exercises on the rule of law. If the rule of law is desirable partly because it is rational, then departures from that rule might also be desirable in the event that they can be shown to be rational. Part IV concentrates on the limits of the rule of law, considering the tensions between liberalism and the rule of law which exist despite the fact that reasoned commitment to the rule of the law is preeminently a liberal commitment. Contributing to the volume are: Robert A. Burt (Yale University), Steven J. Burton (University of Iowa), William N. Eskridge, Jr. (Georgetown University), John Ferejohn (Stanford University), Richard Flathman (Johns Hopkins University), Gerald F. Gaus (University of Minnesota, Duluth), Jean Hampton (University of Arizona), Russell Hardin (University of Chicago), James Johnson (University of Rochester), Jack Knight (Washington University), Stephen Macedo (Harvard University), David Schmidtz (Yale University), Lawrence B. Solum (Loyola Marymount University), Michael Walzer (Princeton University), Catherine Valcke (University of Toronto), and Michael P. Zuckert (Carleton College).