|
Books > Law > Jurisprudence & general issues > Foundations of law
Although congressional investigations have provided some of the
most dramatic moments in American political history, they have
often been dismissed as mere political theater. But these
investigations are far more than grandstanding. Investigating the
President shows that congressional investigations are a powerful
tool for members of Congress to counter presidential
aggrandizement. By shining a light on alleged executive wrongdoing,
investigations can exert significant pressure on the president and
materially affect policy outcomes. Douglas Kriner and Eric
Schickler construct the most comprehensive overview of
congressional investigative oversight to date, analyzing nearly
thirteen thousand days of hearings, spanning more than a century,
from 1898 through 2014. The authors examine the forces driving
investigative power over time and across chambers, identify how
hearings might influence the president's strategic calculations
through the erosion of the president's public approval rating, and
uncover the pathways through which investigations have shaped
public policy. Put simply, by bringing significant political
pressure to bear on the president, investigations often afford
Congress a blunt, but effective check on presidential
power--without the need to worry about veto threats or other
hurdles such as Senate filibusters. In an era of intense partisan
polarization and institutional dysfunction, Investigating the
President delves into the dynamics of congressional investigations
and how Congress leverages this tool to counterbalance presidential
power.
This collection of essays brings together the work of many of the world's leading Contract Law scholars. It focuses upon a common central theme---the question of good faith and fair dealing in the Law of Contract. The book is divided into several parts: the first part is an Introduction; Part II examines the requirement of good faith and its role in the formation of contracts; Part III is concerned with contractual obligations; Part IV examines Breach of Contract and Remedial Issues. The work will be of widespread interest to scholars of Private Law in both Common and Civil Law jurisdictions.
The second volume in a collection of the most influential essays on
legal history from the career of John W Cairns. Enlightenment,
Legal Education and Critique deals with broad themes in Legal
History, such as the development of Scots Law through the major
legal thinkers of the Enlightenment, essays on Roman law and
miscellaneous essays on the literary and philosophical traditions
within law. Both volumes collect together and reprint a selection
of some of the many articles and essays published by Professor John
W Cairns over a distinguished career in Legal History. It is a mark
of his international eminence that much of his prolific output has
been published outside of the UK, in a wide variety of journals and
collections. The consequence is that some of his most valuable
writing has appeared in sources which are difficult to locate.
First volumes to collect in one place the legal thinking of John W
Cairns; Volumes 11 and 12 of the respected Edinburgh Studies in Law
series and key essays on Scots law, Roman law and the
Enlightenment.
This important collection of essays by a leading legal theorist seeks to re-locate the relationship between the traditional concerns of legal theory and the sociology of law, by establishing a consistent theoretical approach to the analysis of law in contemporary Western societies. This book is based upon previously published essays which have been extensively revised and updated, and offers an important contribution to the study of law and social theory.
This book offers a collection of essays by arguably the most popular legal historian writing today. Most of the essays have not been previously published, and those which have appeared previously have been re-written to make the collection read more coherently. The collection is centred upon the theme of the leading case - a case where the judgment has established a long-lasting or far-reaching precedent in Common Law, and the author has selected a number of these cases in order to illustrate how the precedents established by the cases had little or nothing to do with the trials themselves.
In the past twenty years Joseph Raz has consolidated his reputation as one of the most acute, inventive, and energetic scholars currently at work in analytic moral and political theory. This new collection of essays - never previously published in one volume - will enhance his standing even more, examining aspects of the common (and ancient) theme of the relations between law and morality, and will be welcomed by scholars and students alike.
'If Henriques were a fictional character, he would be a celebrity,
the kind of dashing, hawkish QC who turns up in Agatha Christie
novels and is recognised by everybody... There is an undeniable,
lawyerly authenticity about Henriques's book. He takes us
meticulously through his cases... It is fascinating to read.' -
Dominic Sandbrook, Sunday Times Sir Richard Henriques has been
centre stage in some of the most high-profile and notorious cases
of the late 20th and early 21st centuries. After taking silk in
1986, over the course of the next 14 years he appeared in no fewer
than 106 murder trials, including prosecuting Harold Shipman,
Britain's most prolific serial killer, and the killers of James
Bulger. In 2000 he was appointed to the High Court Bench and tried
the transatlantic airline plot, the Morecambe Bay cockle pickers,
the killing of Jean Charles de Menezes, and many other cases. He
sat in the Court of Appeal on the appeals of Barry George, then
convicted of murdering Jill Dando, and Jeremy Bamber, the White
House Farm killer. In From Crime to Crime he not only recreates
some of his most famous cases but also includes his trenchant views
on the state of the British judicial system; how it works - or
doesn't - and the current threats to the rule of law that affect us
all.
A liberal state is a representative democracy constrained by the
rule of law. Richard Posner argues for a conception of the liberal
state based on pragmatic theories of government. He views the
actions of elected officials as guided by interests rather than by
reason and the decisions of judges by discretion rather than by
rules. He emphasizes the institutional and material, rather than
moral and deliberative, factors in democratic decision making.
Posner argues that democracy is best viewed as a competition
for power by means of regular elections. Citizens should not be
expected to play a significant role in making complex public policy
regarding, say, taxes or missile defense. The great advantage of
democracy is not that it is the rule of the wise or the good but
that it enables stability and orderly succession in government and
limits the tendency of rulers to enrich or empower themselves to
the disadvantage of the public. Posner's theory steers between
political theorists' concept of deliberative democracy on the left
and economists' public-choice theory on the right. It makes a
significant contribution to the theory of democracy--and to the
theory of law as well, by showing that the principles that inform
Schumpeterian democratic theory also inform the theory and practice
of adjudication. The book argues for law and democracy as twin
halves of a pragmatic theory of American government.
It is a settled rule of international law that a State may not rely
on the provisions of its 'internal law' as justification for
failing to comply with international obligations. However, the
judiciaries of most countries, including those with a high record
of compliance with international norms, have increasingly felt the
need to preserve the area of fundamental principles, where the
State's inclination to retain full sovereignty seems to act as an
unbreakable 'counter-limit' to the limitations deriving from
international law. This volume explores this trend by adopting a
comparative perspective, addressing the question of how conflicts
between international law and national fundamental principles are
dealt with and resolved within a specific legal system. The
contributing authors identify common tendencies and fundamental
differences in the approaches and evaluate the implications of this
practice for the future of the principle of supremacy of
international law.
As global leaders use more nationalistic rhetoric, they are
supporting their words with policies that are dividing the
population and bringing an end to the diverse, multicultural, and
postmodern aspects of the era of globalization. This could have a
lasting negative effect on international politics and cooperation
on issues of grave concern such as global terrorism, climate
change, and global pandemics. Contemporary Politics and Social
Movements in an Isolated World: Emerging Research and Opportunities
discusses in detail the developing new world order in an era of
politics that seemingly eschews globalization and international
cooperation. This text details the aftermath of the 2020 election
and foreshadows the events to come based on the outcome of the
election in the USA as well as the progression of politics
afterwards. Covering topics such as comparative politics,
isolationism, and international communities, this text is an
essential resource for political science departments, international
relations scholars, students, professors, politicians, researchers,
and academicians..
|
You may like...
Bloedbande
Jeanette Stals
Paperback
R320
R275
Discovery Miles 2 750
|