The Limits of Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Limits of Law write by Austin Sarat. This book was released on 2005. The Limits of Law available in PDF, EPUB and Kindle. 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.
Facing the Limits of the Law
Facing the Limits of the Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Facing the Limits of the Law write by Erik Claes. This book was released on 2009-04-21. Facing the Limits of the Law available in PDF, EPUB and Kindle. 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.
Law and the Limits of Reason
Law and the Limits of Reason - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Law and the Limits of Reason write by Adrian Vermeule. This book was released on 2008-12-23. Law and the Limits of Reason available in PDF, EPUB and Kindle. 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.
Overcriminalization
Overcriminalization - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Overcriminalization write by Douglas Husak. This book was released on 2008-01-08. Overcriminalization available in PDF, EPUB and Kindle. 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.
Law for Society
Law for Society - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Law for Society write by Kevin M. Clermont. This book was released on 2010-02-18. Law for Society available in PDF, EPUB and Kindle. 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.
