Book picks similar to
Rhetoric and the Rule of Law: A Theory of Legal Reasoning by Neil MacCormick
law
consistere-coherere
general-legal-theory
law-theory
The Educator's Guide to Texas School Law
Jim Walsh - 1985
In this new seventh edition, the authors have streamlined the discussion by pruning older material and weaving in new developments. The result is an authoritative source on all major dimensions of Texas school law that is both well integrated and easy to read.Intended for Texas school personnel, school board members, interested attorneys, and taxpayers, the seventh edition explains what the law is and what the implications are for effective school operations. It is designed to help professional educators avoid expensive and time-consuming lawsuits by taking effective preventive action. It is an especially valuable resource for school law courses and staff development sessions.The seventh edition begins with a review of the legal structure of the Texas school system. Successive chapters address attendance and the instructional program, the education of children with special needs, employment and personnel, expression and associational rights, the role of religion in public schools, student discipline, open meetings and records, privacy, search and seizure, and legal liability under both federal and Texas law. In addition to state law, the book addresses the growing role of the federal government in school operation through such major federal legislation as the Americans with Disabilities Act, the Individuals with Disabilities Education Act, and the No Child Left Behind Act.
Power and Constraint: The Accountable Presidency After 9/11
Jack L. Goldsmith - 2012
In fact, the opposite is true. The novel powers that our post-9/11 commanders in chief assumed—endless detentions, military commissions, state secrets, broad surveillance, and more—are the culmination of a two-century expansion of presidential authority. But these new powers have been met with thousands of barely visible legal and political constraints—enforced by congressional committees, government lawyers, courts, and the media—that have transformed our unprecedentedly powerful presidency into one that is also unprecedentedly accountable.These constraints are the key to understanding why Obama continued the Bush counterterrorism program, and in this light, the events of the last decade should be seen as a victory, not a failure, of American constitutional government. We have actually preserved the framers’ original idea of a balanced constitution, despite the vast increase in presidential power made necessary by this age of permanent emergency.
Law's Empire
Ronald Dworkin - 1986
Law's Empire is a full-length presentation of his theory of law that will be studied and debated--by scholars and theorists, by lawyers and judges, by students and political activists--for years to come.Dworkin begins with the question that is at the heart of the whole legal system: in difficult cases how do (and how should) judges decide what the law is? He shows that judges must decide hard cases by interpreting rather than simply applying past legal decisions, and he produces a general theory of what interpretation is--in literature as well as in law--and of when one interpretation is better than others. Every legal interpretation reflects an underlying theory about the general character of law: Dworkin assesses three such theories. One, which has been very influential, takes the law of a community to be only what the established conventions of that community say it is. Another, currently in vogue, assumes that legal practice is best understood as an instrument of society to achieve its goals. Dworkin argues forcefully and persuasively against both these views: he insists that the most fundamental point of law is not to report consensus or provide efficient means to social goals, but to answer the requirement that a political community act in a coherent and principled manner toward all its members. He discusses, in the light of that view, cases at common law, cases arising under statutes, and great constitutional cases in the Supreme Court, and he systematically demonstrates that his concept of political and legal integrity is the key to Anglo-American legal theory and practice.
The Philosophy of Law: A Very Short Introduction
Raymond Wacks - 2006
Revealing the intriguing and challenging nature of legal philosophy with clarity and enthusiasm, Raymond Wacks explores the notion of law and its role in our lives. Referring to key thinkers from the classical world to the modern, he looks at the central questions behind legal theory that have always fascinated lawyers and philosophers, as well as anyone who ever wondered about law's relation to justice, morality, and democracy.About the Series: Combining authority with wit, accessibility, and style, Very Short Introductions offer an introduction to some of life's most interesting topics. Written by experts for the newcomer, they demonstrate the finest contemporary thinking about the central problems and issues in hundreds of key topics, from philosophy to Freud, quantum theory to Islam.
Moral Theory: An Introduction
Mark Timmons - 2002
This book explores some of the most historically important and currently debated moral theories about the nature of the right and good. After introducing students in the first chapter to some of the main aims and methods of evaluating a moral theory, the remaining chapters are devoted to an examination of various moral theories including the divine command theory, moral relativism, natural law theory, Kant's moral theory, moral pluralism, virtue ethics, and moral particularism. Providing an introduction to moral theory that explains and critically examines the theories of such classical moral philosophers as Aristotle, Aquinas, Kant, Bentham, Mill, and Ross, this book acquaints students with the work of contemporary moral philosophers.
The Cost of Rights: Why Liberty Depends on Taxes
Stephen Holmes - 1999
Drawing from these practical, commonsense notions, The Cost of Rights provides a useful corrective to the all-or-nothing feel of much political debate nowadays (The Economist).
The Morality of Law
Lon L. Fuller - 1965
Fuller extends and clarifies his definition of the relation between law and morality put forward in the first (1964) edition of The Morality of Law. His original argument distinguishes between the morality of duty and the morality of aspiration, both of which bear on the design and operation of social institutions: the former by setting the necessary preconditions of any purposive social endeavor, the latter by suggesting the directions for such endeavor. In the revised edition, Fuller takes accurate aim at the school of legal philosophy called the New Analytical Jurists and continues his long-running debate with his major intellectual antagonist, H.L.A. Hart. Although the author calls the new chapter "A Reply to Critics," his expressed reason for undertaking it indicates that it is more than that: "As critical reviews of my book came in, I myself became increasingly aware of the extent to which the debate did indeed depend on 'starting points' - not on what the disputants said, but on what they considered it unnecessary to say, not on articulated principles but on tacit assumptions. What was needed, therefore, it seemed to me, was to bring these tacit assumptions to more adequate expression than either side has so far been able to do." There is no question that Mr. Fuller here gives the assumptions of his side adequate expression. “The volume must be regarded as an important contribution of general interest to the study of the nature and function of law…Trenchant comment abounds throughout the book, and there is an immense amount of the most valuable material here, as well as considerable food for the thought…his book deserves to reach a very wide audience.” – Law Times.“The book is a provocative one which is certain to excite much academic comment here and abroad.” – Harvard Law Record.“Although fully intelligible to the undergraduate, this book is likely to receive its warmest reception form advanced students of the philosophy of law, who will welcome the relief provided from the frequently sterile tone of much recent work in the field.” – Choice
Why Tolerate Religion?
Brian Leiter - 2012
He offers new insights into what makes a claim of conscience distinctively religious, and draws on a wealth of examples from America, Europe, and elsewhere to highlight the important issues at stake. With philosophical acuity, legal insight, and wry humor, Leiter shows why our reasons for tolerating religion are not specific to religion but apply to all claims of conscience, and why a government committed to liberty of conscience is not required by the principle of toleration to grant exemptions to laws that promote the general welfare.
Business Law
Lee Mei Pheng - 2009
The authors' comprehensive experience in legal practice, banking and teaching have enabled them to provide a condensed and easy to understand coverage of business law principles and areas of interest related thereto.
Landmark Judgments That Changed India
Asok Kumar Ganguly - 2015
Of these, it is the judiciary’s task to uphold constitutional values and ensure justice for all. The interpretation and application of constitutional values by the judicial system has had far-reaching impact, often even altering provisions of the Constitution itself. Although our legal system was originally based on the broad principles of the English common law, over the years it has been adapted to Indian traditions and been changed, for the better, by certain landmark verdicts.In Landmark Judgments that Changed India, former Supreme Court judge and eminent jurist Asok Kumar Ganguly analyses certain cases that led to the formation of new laws and changes to the legal system. Discussed in this book are judgments in cases such as Kesavananda Bharati v. State of Kerala that curtailed the power of Parliament to amend the Constitution; Maneka Gandhi v. Union of India and Others that defined personal liberty; and Golaknath v. State of Punjab, where it was ruled that amendments which infringe upon fundamental rights cannot be passed.Of special significance for law students and practitioners, this book is also an ideal guide for anyone interested in the changes made to Indian laws down the years, and the evolution of the judicial system to what it is today.
Written on the Heart: The Case for Natural Law
J. Budziszewski - 1997
Budziszewski presents and defends the natural-law tradition in what is at once a primer for students and a vigorous argument for scholars. Written on the Heart expounds the work of the leading architects of theory on natural law, including Aristotle, Thomas Aquinas and John Locke. It also takes up contemporary philosophy, theology and political science, colorfully running against the intimidating tide of advanced pluralism that finds natural law so difficult to tolerate.
Legal Confidential: Adventures of an Indian Lawyer
Ranjeev Dubey - 2015
Dubey slogs his way through the corridors of Delhi’s trial courts and realizes that the legal system is anything but fair. He stumbles upon a strange world of corruption, sleaze, adultery, eloping couples and clients willing to pay for legal services ‘in kind’. He survives the ‘killing field’ of litigation for twelve long years, biding his time. When he gets an offer to join a law firm, Dubey believes he has finally arrived. But has he? The world of Indian corporate law is one of intense power-play and the merciless pursuit of revenue. In this sinister world of destructive politicking, Ranjeev becomes enemies with the big sharks who own the law firm. What follows is an explosive showdown. In this dark, racy memoir, the now-well-known corporate lawyer exposes the world of the black robes with his trademark wit and leaves you wanting more. If you had to read only one book about the world of lawyers and the Indian legal system, Legal Confidential would have to be it!
Powerscore LSAT Logical Reasoning Bible]
David M. Killoran - 2014
This book will provide you with an advanced system for attacking any Logical Reasoning question that you may encounter on the LSAT. The concepts presented in the Logical Reasoning Bible are representative of the techniques covered in PowerScore's live courses and have been consistently proven effective for thousands of our students. The book features and explains a detailed methodology for attacking all aspects of Logic Reasoning problems, including recognizing question types, identifying common reasoning elements and determining their validity, the methods for efficiently and accurately making inferences, and techniques for quickly eliminating answer choices as you solve the questions.
The Private Production of Defense
Hans-Hermann Hoppe - 2009
He argues that the service is better provided by free markets than government, while addressing a hundred counter-arguments. Here we have an important updating of an argument rarely made even in the libertarian tradition. [Description taken from Mises.org]