Book picks similar to
Purposive Interpretation in Law by Aharon Barak
law-jurisprudence
legal-theory
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law
Murdered by Mumia: A Life Sentence of Loss, Pain, and Injustice
Maureen Faulkner - 2007
Mumia Abu-Jamal was unanimously convicted of the crime by a racially mixed jury based on: the testimony of several eyewitnesses, his ownership of the murder weapon, matching ballistics, and Abu-Jamal’s own confession.After his conviction, however, a national anti-death penalty movement was started to “Free Mumia;” Mike Farrell, Ed Asner, Whoopi Goldberg, and Jesse Jackson rallied on his behalf, and led the charge. For his part, while on death row, Abu-Jamal published several books, delivered radio commentaries, was a college commencement speaker, found himself named an Honorary Citizen of France, and had his defense coffers enhanced by ticket sales from a sold out (16,000-person) concert featuring Rage Against the Machine.Here, from Maureen Faulkner and acclaimed talk show host / journalist Michael Smerconish, is the first book to carefully and definitively lay out the case against Abu-Jamal, and those who’ve elevated him to the status of political prisoner. Smerconish, a lawyer, has provided pro bono legal counsel to Faulkner for over a decade and knows both the legal intricacies and personal subtleties of the case like no other person. He’s personally acquainted himself with the more than five thousand pages of trial transcript. “My reading starkly revealed that Abu-Jamal murdered Danny Faulkner in cold blood and that the case tried in Philadelphia in 1982 bore no resemblance to the one being home-cooked by the Abu-Jamal defense team.”As Abu-Jamal’s lawyers contemplate their final appeal, Faulkner and Smerconish weave a compelling, never-before-told account of one fateful night and the 25-year-long rewriting of history.
The Firm, the Market, and the Law
Ronald H. Coase - 1988
Coase has been, even though, as he admits, "most economists have a different way of looking at economic problems and do not share my conception of the nature of our subject." Coase's particular interest has been that part of economic theory that deals with firms, industries, and markets—what is known as price theory or microeconomics. He has always urged his fellow economists to examine the foundations on which their theory exists, and this volume collects some of his classic articles probing those very foundations. "The Nature of the Firm" (1937) introduced the then-revolutionary concept of transaction costs into economic theory. "The Problem of Social Cost" (1960) further developed this concept, emphasizing the effect of the law on the working of the economic system. The remaining papers and new introductory essay clarify and extend Coarse's arguments and address his critics."These essays bear rereading. Coase's careful attention to actual institutions not only offers deep insight into economics but also provides the best argument for Coase's methodological position. The clarity of the exposition and the elegance of the style also make them a pleasure to read and a model worthy of emulation."—Lewis A. Kornhauser, Journal of Economic LiteratureRonald H. Coase was awarded the Nobel Prize in Economic Science in 1991.
The Rights of War and Peace
Hugo Grotius - 1625
However, in the seventeeth century and during the Enlightenment, it was considered a major defense of the rights of states and private persons to use their power to secure themselves and their property.Book I examines the question of whether any war is just and who may lawfully make war. The causes of war; the implications of contracts, oaths, and promises; and the moral strictures of punishments are the subjects of Book II. The third book discusses what is lawful in war, the various kinds of peace and agreements given, and the treatment and ransoming of prisoners.The Liberty Fund edition is based on the classic English text of 1738, with extensive commentary by Jean Barbeyrac. It also includes the Prolegomena to the first edition, a document never before translated into English.Hugo Grotius is one of the most important thinkers in the early-modern period. A great humanistic polymath—lawyer and legal theorist, diplomat and political philosopher, ecumenical activist and theologian—his work was seminal for modern natural law and influenced the moral, political, legal, and theological thought of the Enlightenment, from Hobbes, Pufendorf, and Locke to Rousseau and Kant, as well as America’s Founding leaders.Richard Tuck is a Fellow of Jesus College, Cambridge, and Professor of Government at Harvard University.Knud Haakonssen is Professor of Intellectual History and Director of the Centre for Intellectual History at the University of Sussex, England.
The Harm in Hate Speech
Jeremy Waldron - 2012
For constitutionalists, regulation of hate speech violates the First Amendment and damages a free society. Against this absolutist view, Jeremy Waldron argues powerfully that hate speech should be regulated as part of our commitment to human dignity and to inclusion and respect for members of vulnerable minorities.Causing offense--by depicting a religious leader as a terrorist in a newspaper cartoon, for example--is not the same as launching a libelous attack on a group's dignity, according to Waldron, and it lies outside the reach of law. But defamation of a minority group, through hate speech, undermines a public good that can and should be protected: the basic assurance of inclusion in society for all members. A social environment polluted by anti-gay leaflets, Nazi banners, and burning crosses sends an implicit message to the targets of such hatred: your security is uncertain and you can expect to face humiliation and discrimination when you leave your home.Free-speech advocates boast of despising what racists say but defending to the death their right to say it. Waldron finds this emphasis on intellectual resilience misguided and points instead to the threat hate speech poses to the lives, dignity, and reputations of minority members. Finding support for his view among philosophers of the Enlightenment, Waldron asks us to move beyond knee-jerk American exceptionalism in our debates over the serious consequences of hateful speech.
National Security and Double Government
Michael J. Glennon - 2014
security policy scarcely changed from the Bush to the Obama administration? National Security and Double Government offers a disquieting answer. Michael J. Glennon challenges the myth that U.S. security policy is still forged by America's visible, Madisonian institutions - thePresident, Congress, and the courts. Their roles, he argues, have become largely illusory. Presidential control is now nominal, congressional oversight is dysfunctional, and judicial review is negligible. The book details the dramatic shift in power that has occurred from the Madisonian institutionsto a concealed Trumanite network - the several hundred managers of the military, intelligence, diplomatic, and law enforcement agencies who are responsible for protecting the nation and who have come to operate largely immune from constitutional and electoral restraints. Reform efforts facedaunting obstacles. Remedies within this new system of double government require the hollowed-out Madisonian institutions to exercise the very power that they lack. Meanwhile, reform initiatives from without confront the same pervasive political ignorance within the polity that has given rise tothis duality. The book sounds a powerful warning about the need to resolve this dilemma-and the mortal threat posed to accountability, democracy, and personal freedom if double government persists. This paperback version features an Afterword that addresses the emerging danger posed by populistauthoritarianism rejecting the notion that the security bureaucracy can or should be relied upon to block it.
How To Be A Landlord: The Definitive Guide to Letting and Managing Your Rental Property
Rob Dix - 2017
By the author of the UK’s most popular property book, The Complete Guide To Property Investment. Please note that this book only covers letting and management of a property you already own. For a guide to buying the right property in the first place, you should buy ‘The Complete Guide To Property Investment’. Take a property, throw in a tenant and watch the money roll in. This seemingly simple formula has attracted nearly two million people in the UK to become landlords, but the reality is a whole lot more complicated. Did you know, for example, that if you forget to provide a certain piece of paper you might be unable to evict a tenant – even if they don’t pay the rent? Or that you could be fined for not checking your tenant’s immigration status? And don’t forget the inevitable broken boilers, mysterious leaks and various tenant complaints that always seem to happen at the most inconvenient time. How To Be A Landlord is a straightforward guide to everything involved in letting and managing a property – whether you’re an accidental landlord or an enthusiastic investor. In simple and entertaining language, it covers important steps like preparing the property to let, advertising for tenants, conducting viewings, doing all the paperwork, managing the tenancy, and dealing with any tricky situations that crop up (including the dreaded emergency repairs and evictions…). You’ll learn: • How to set yourself up for success when preparing a property to let • Where to find the perfect tenants for your property • The essential checks you must make to avoid a nightmare tenant • Everything you need to do when setting up a tenancy to avoid problems later • How to deal with the most common maintenance issues and repairs • The proper legal processes to follow when you have troublesome tenants • Top tips from experienced landlords for how to look after your tenants – keeping them happy, your property safe, and the rent rolling in Frequently updated and with contributions from over 50 experienced landlords, this is the most current and comprehensive book on the subject – and essential reading for anyone who wants a simple, profitable life as a landlord.
The Myth of Ownership: Taxes and Justice
Liam Murphy - 2002
Taxes arouse strong passions, fueled not only by conflicts of economic self-interest, but by conflicting ideas of fairness. Taking as a guiding principle the conventional nature of private property, Murphy and Nagel show how taxes can only be evaluated as part of the overall system of property rights that they help to create. Justice or injustice in taxation, they argue, can only mean justice or injustice in the system of property rights and entitlements that result from a particular regime. Taking up ethical issues about individual liberty, interpersonal obligation, and both collective and personal responsibility, Murphy and Nagel force us to reconsider how our tax policy shapes our system of property rights.
Criminal Law
Joel Samaha - 2007
With a balanced blend of case excerpts and author commentary, Samaha guides you as you hone your critical thinking and legal analysis skills. You'll see the principles, defenses, and elements of crime at work as you progress through the book-and you'll learn about the general principles of criminal liability and its defenses, as well as the elements of crimes against persons property, society, and crimes against the state. Featuring the latest topics and court cases, as well as many study tools to help you do well in this course, Samaha's CRIMINAL LAW is a text you will want to keep as a valuable reference even after you graduate and begin your career in the criminal justice field of your choosing.
Trial Techniques
Thomas A. Mauet - 1995
This long-time leading course book is an invaluable source for prospective trial lawyers, presenting: - a best-selling author renowned for his skills both as a writer and litigator - a clear, engaging writing style that breaks the trial process down into its critical components for more thorough and efficient comprehension - excellent examples illustrating strategies for opening statements, jury selection, direct- and cross-examination, exhibits, objections, and more - an appendix containing the Federal Rules of Evidence for easy reference
The Path to Otherwhere: or How I Spent My Summer Vacation
T.S. Paul - 2018
But there are secrets never discussed and she believes the key is through the garden gate. Join Agatha and Fergus as they travel to the realm of the Mystical Library and discover who and what they were meant to be. This long awaited story is a crossover of sorts merging two story lines into one. It takes place between Witness Enchantment (Book 4) and Night of the Unicorn (Book 5).
On the Republic / On the Laws
Marcus Tullius Cicero
In his political speeches especially and in his correspondence we see the excitement, tension and intrigue of politics and the part he played in the turmoil of the time. Of about 106 speeches, delivered before the Roman people or the Senate if they were political, before jurors if judicial, 58 survive (a few of them incompletely). In the fourteenth century Petrarch and other Italian humanists discovered manuscripts containing more than 900 letters of which more than 800 were written by Cicero and nearly 100 by others to him. These afford a revelation of the man all the more striking because most were not written for publication. Six rhetorical works survive and another in fragments. Philosophical works include seven extant major compositions and a number of others; and some lost. There is also poetry, some original, some as translations from the Greek. The Loeb Classical Library edition of Cicero is in twenty-nine volumes.
Making Stories: Law, Literature, Life
Jerome Bruner - 2002
Stories are what we use to make sense of the world. But how does this work?In Making Stories, the eminent psychologist Jerome Bruner examines this pervasive human habit and suggests new and deeper ways to think about how we use stories to make sense of lives and the great moral and psychological problems that animate them. Looking at legal cases and autobiography as well as literature, Bruner warns us not to be seduced by overly tidy stories and shows how doubt and double meaning can lie beneath the most seemingly simple case.
Serial Killers: Shocking, Gripping True Crime Stories of the Most Evil Murderers
Brian Innes - 2017
Yet they endlessy fascinate and continue to capture the public's attention with their strange charisma and deadly deeds. From Jack the Ripper to Ted Bundy and the Moors Murderers Ian Brady and Myra Hindley, these killers transfix us with their ability to commit utterly savage acts of cruelty and depravity. Only with modern police detection methods and psychological profiling, have these figures that have existed throughout human history finally been identified in the deadliest category: serial killers. These methods, the killers' characters and their crimes are described here in fascinating and terrifyingly gripping detail.
The whole history of serial killers is brought to life in 50 chapters, including:
Herman Webster Mudget, Devil in the White City
John Christie, 10 Rillington Place murders
Zodiac Killer
Ian Brady and Myra Hindley, The Moors Murderers
Ted Bundy
Fred and Rosemary West
Jeffrey Dahmer
Aileen Wuornos
Harold Shipman, Dr Death
Validity in Interpretation
E.D. Hirsch Jr. - 1967
It defines the grounds on which textual interpretation can claim to establish objective knowledge, defends that claim against such skeptical attitudes as historicism and psychologism, and shows that many confusions can be avoided if the distinctions between meaning and significance, interpretation and criticism are correctly understood. It provides perhaps the first genuinely comprehensive account of hermeneutic theory to appear in English and the first systematic presentation of the principles of valid interpretation in any language.Mr. Hirsch, associate professor of English at the University of Virginia, is the author of Wordsworth and Schelling and Innocence and Experience: An Introduction to Blake.“Here is a book that brings logic to the most unruly of disciplines, literary interpretation. Viewing this subject within the tradition of hermeneutics, Mr. Hirsch is able to trace its origins and development with brilliant insight. The result is a lucidly systemic and authoritative account of the premises and procedures applicable to the interpretation of a literary text. Mr. Hirsch has performed a monumental service thereby that of reinstating the credentials of objectivism and defining the limits of the aesthetics of truth. This study is a necessary took for anyone who wants to talk sense about literature.”—Virginia Quarterly Review“Professor Hirsch demonstrates convincingly that objectivity is attainable in humane studies, and that it is not identified with the subject but with the evidence. A valid interpretation is not necessarily a correct one, but one which is more probably than any other on the basis of existing evidence. He makes a subtle and important distinction between a text’s ‘meaning’ (which does not change) and its ‘significance’ (which does), and brilliantly relates meaning to understanding (the necessary preliminary to interpretation) and interpretation to explanation…” In short, this is a work which future students of literary theory cannot afford to neglect.”—Notes and Queries