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Books > Law > Jurisprudence & general issues > Foundations of law
"The ornament of the Common Law." Lyttleton, His Treatise of
Tenures, in French and English. A New Edition, Printed From the
Most Ancient Copies, And Collated With the Various Readings of the
Cambridge MSS. To Which Are Added The Ancient Treatise of the Olde
Tenures, And the Customs of Kent. Originally published: London: S.
Sweet, 1841. lv, 1], 727 pp. Paperback. New.
"Elder Law Estate Planning" is a niche area of law which combines the features of elder law and estate planning that pertain most to the needs of the middle class. In 1991, AARP published a "Consumer Report on Probate" concluding that probate was a process to be avoided. That marked the end of traditional will planning and started the "living trust revolution." Since then, millions of people have set up trusts to: * Save time and money in settling the estate * Avoid legal guardianship if they become disabled * Avoid having their personal and financial matters made public * Reduce the chance of a "will contest" * Keep control in the family and out of the court system By 1990, the field of elder law also emerged to help people navigate the increased complexity of state Medicaid rules and regulations, the soaring costs of nursing home stays, and the fact that people were living considerably longer. Elder law and estate planning continue to grow independently of each other, sometimes to the detriment of clients. Estate planning lawyers are of little value when the estate plan to avoid probate fails to prevent a nursing home stay consuming all of the assets, because the lawyer is unfamiliar with elder law. On the other hand, elder law attorneys often protect assets but overlook basic estate planning issues such as saving taxes and keeping assets in the blood. The practice of Elder Law Estate Planning means: * Getting your assets to your heirs, in the best possible way, with least amount of taxes and legal fees * Keeping those assets in the blood for your grandchildren, and * Protecting your assets from the costs of long-term care and qualifying for government benefits available to pay for care. Middle class clients today need an "elder law estate planning attorney" to address their estate planning needs as well as to help with long-term care, disability and Medicaid issues as they arise.
In August 2012, mineworkers in one of South Africa's biggest platinum mines began a wildcat strike for better wages. Six days later the police used live ammunition to brutally suppress the strike, killing 34 and injuring many more. Miners Shot Down shows the courageous fight waged by a group of low-paid workers against the combined forces of mining company Lonmin, the ANC government and their allies in the National Union of Mineworkers. What emerges is collusion at the top, spiralling violence and the country's first post-apartheid massacre.
A woman both in the eye of law and the society is not merely a person either in the gender or the existence. She has an inherent personality since birth called 'womanhood'. Unfortunately, a woman, in our country, belongs to a class or group of society who are in a disadvantaged position on account of several social barriers and impediments and have, therefore, been the victim of tyranny at the hands of men with whom they, fortunately, under the Constitution enjoy equal status. Women have the right to life and liberty; they also have the right to be respected and treated as equal citizens. Their honor and dignity cannot be touched or violated. They also have the right to lead an honorable and peaceful life. They must have the liberty, the freedom and, of course, independence to live the roles assigned to them by Nature so that the society may flourish as they alone have the talents and capacity to shape the destiny and character of men anywhere and in every part of the world. India needs to fast justify its reputation as a leading Civilization of the World and this book will contribute to this journey.
Journal of the International Natural Law Society, New Series Volume 10, Numbers 1 & 2, Winter 2009
Customary laws and traditional institutions in Africa constitute comprehensive legal systems that regulate the entire spectrum of activities from birth to death. Once the sole source of law, customary rules now exist in the context of pluralist legal systems with competing bodies of domestic constitutional law, statutory law, common law, and international human rights treaties. The Future of African Customary Law is intended to promote discussion and understanding of customary law and to explore its continued relevance in sub-Saharan Africa. This volume considers the characteristics of customary law and efforts to ascertain and codify customary law, and how this body of law differs in content, form, and status from legislation and common law. It also addresses a number of substantive areas of customary law including the role and power of traditional authorities; customary criminal law; customary land tenure, property rights, and intestate succession; and the relationship between customary law, human rights, and gender equality.
In 1940, on the eve of the United States entry into World War II, the late Fulton J. Sheen (1895-1979) published FREEDOM UNDER GOD. This new, annotated "Just Third Way Edition" of a neglected classic includes an in-depth foreword, as well as a bibliography and index not included in the original. While FREEDOM UNDER GOD addresses the loss of true freedom throughout the world, Sheen's special concern was freedom of religion. This is under increasing attack today. Individual life as well as marriage and the family are also in grave danger as the State continues to expand its power to fill the vacuum left by the growing powerlessness of ordinary people. Speaking to people of all faiths and philosophies, albeit from a "Catholic" perspective, then-Monsignor Sheen traced the rise of totalitarian State power in the first half of the 20th century to the fact that fewer and fewer people in America and throughout the world owned capital - what Sheen called "creative wealth." As Sheen argued, only widespread private property in capital has the capacity to restore the foundation of true freedom. The world needs the wisdom of Fulton Sheen now more than ever. The republication of FREEDOM UNDER GOD helps introduce the work of this pivotal thinker to a new generation of readers and students.
LEGAL POSITIVISM AND NATURAL LAW Three lectures by the Harvard Law School professor examine legal positivism and natural law. In the course of his analysis Fuller discusses Kelsen's theory as a reactionary theory and Hobbes' theory of sovereignty. He defines legal positivism as the viewpoint that draws a distinction "between the law that is and the law that ought to be" and interprets natural law as that which tolerates a combination of the two. He looks at the effects of positivism's continued influence on American legal thinking and concludes that law is necessary in a democracy as a principle of order. LON L. FULLER 1902-1978] was a professor at Harvard Law School and is remembered for his contributions to the law of contracts. His debate with H.L.A. Hart in the 1958 Harvard Law Review (Vol. 71) is noteworthy because it provided the framework for subsequent debates about legal positivism and natural law.
John Crowell Businessman, Tuscaloosa, Al Dr. Steele's book is an amazing perspective on how mediation and law collectively can help parties resolve simple and complex legal disputes. His book using the theory of facts, issues, options & solutions lends mediators the best of legal method to develop their mediation case theory in managing the dynamics of mediation cases that has clogged our judicial court system. Now the American people have a definite alternative to collaborate and resolve their legal case with the assistance of an impartial third party. This book also is excellent for everyday people in resolving common mutual issues that divide people rather than bring unity and community. Facts, Issues, Options & Solutions will have an indelible impact on civil discourse in America. Dr. Brenda Stanton Deener Nurse Practitioner, Memphis, Tenn This is an excellent book written by Dr. Steele. Mediation and is indeed a form of law that even common citizens can come to the table with the assistance of a mediator to facilitate and evaluate both parties facts and issues. The decisions that both of them make they can live with and at the end of the day resolve to an agreement that is worthy of their signatures and is enforceable in a court of law. This book heralds a mediation perspective that pre-mediation and early assessment of the legal issues, communications issues, the financial issues, and the psychosocial issues can collaboratively be resolved into a mediation settlement agreement with the same legal basis of a court trial because it's an agreement between two or more parties who made them with sound mind and body.
Our nation and Constitution were based upon natural law which secured our unalienable rights, and what makes them unalienable is that they are God-given, derived from the nature and purpose of man. This is affirmed by the Declaration of Independence: "We hold these truths to be self-evident, that all men ... are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness." This established our nation in a natural law tradition charted by hundreds of authors going back several thousand years, but it has been lost to modern man for about the last hundred. If natural law is the foundation of our legal system, where is it? This book shows that our law was based on the presumption of liberty. Government could pass any law to protect the general welfare of society, but no law could go beyond what was necessary to remedy the perceived harm, tailored for minimal infringement upon personal liberties. Absent harm, there could be no legislation. This protected the rights of individuals and society, and made us a free country. One Court explained: "The individual should be granted all the rights consistent with public safety secured] by an authorized resort to the courts for their protection against all hostile legislation which is not required by considerations of the public health or safety. In the absence of such considerations those rights are alike immutable; in their presence they must alike yield." State v. Gravett, 62 NE 325 (1901). We lost our liberties when we lost our resort to the courts. In the 1930s the Supreme Court replaced the presumption of liberty with the presumption of constitutionality, making Congress the judge of the constitutionality of its own laws, beyond review by the courts, thereby removing the requirement of necessity, changing our form of government and destroying our liberty by allowing numerous unnecessary laws to become a pestilence upon society. We have several remedies. This book enumerates many of our God-given natural rights retained by the people that cannot be infringed by government, that we can use to populate the Ninth Amendment. We can follow natural law by using Religious Free exercise, and 96 Stat. 1211. Finally, we can waive our statutory rights to the protection of government in order to exercise rights prohibited by government "protecting" us, such as the prohibition of raw milk and the curing of disease. Scholars of natural law agree that laws must not be arbitrary or unreasonable, and they must be based upon "right reason" in accord with mans nature, otherwise they are not laws at all and we have a right and duty to disobey. Learn the art of disobedience, the recommended and lawful remedy to tyranny from our natural law tradition.
The case of State of Texas vs. Autumn Hills Nursing Homes, Inc. went to trial in a borrowed San Antonio courtroom 25 years ago. It matched a Texas dream team for the defense including Roy Minton, Tom Sartwelle, Mike Ramsey, and Roy Barrera Sr. against a determined (some would say obsessed) young assistant attorney general, David Marks, and his backup team from the state. The jury heard six months of horrifying testimony about catastrophic medical failure when corporate greed trumps medical care. Death Without Dignity is their story, told by a journalist who was allowed the exceedingly rare experience of being not only in the courtroom, but was allowed by the judge to be in chambers when lawyers wrangled out of earshot of the jury - something that had never been allowed any journalist before or since, according to the lead defense lawyer. The case remains today as the longest and most expensive criminal prosecution in Texas history and Death Without Dignity is now a courtroom classic.
Our brain is a fractal structure that can grow thanks to some genes that contain a code, a formula that generates this structure. The basis of evolutionary sociology is that our brain will prompt behavior that is to the benefit of the spreading of our genes. Although people are unaware of it, they generally behave in ways that optimize the reproduction of their genes. Because they need resources from their environment (in the broadest sense of the word), they will show behavior that is conducive to procuring or securing as many resources as possible. To accomplish this mis-sion, people, being social animals, work together. The older parts of our brain (older in an evolutionary sense) make cooperation possible by means of emotion. The younger parts make it possible to formulate rules that reflect these emotions. In other words, these rules derive from factual, biological mechanisms. People experience these rules as "normative," and as "ethical," but even so, these rules are products of evolution. We, that is our brains, formulate them because they help our genes to spread. This, in a nutshell, is the biological theory of law as described in this book. Although philosophers of law and even sociobiologists are reluctant to concur that norms can be justified by biological mechanisms, this is what it takes to make a major step forward in the integration of biology, psychology, sociology, anthropology, and law. This book is a legalist's implicit answer to the ideas of Charles Darwin, Richard Dawkins, Richard Alexander, James Q. Wilson, Daniel Dennet, Matt Ridley, Frans de Waal, and other sociobiologists. By introducing fractals and important aspects of law, it further enhances our insights in human behavior. Free riders by heart use law to improve their reproduction, and thus feel happy.
There are many challenges in doing business in the People's Republic, particularly in the areas of trade and customs, but they are not insurmountable problems given the practical guidance reflected in Quick Reference to the Trade and Customs Law of China. Quick Reference to the Trade and Customs Law of China is the perfect resource for busy professionals seeking to manage PRC-related import-export risk, reduce costs and increase efficiency. This highly accessible reference distills the problem-solving process by anticipating the relevant challenges and providing reliable help.
How the medieval right to appoint a parson helped give birth to English common law Appointing a parson to the local church following a vacancy-an "advowson"-was one of the most important rights in medieval England. The king, the monasteries, and local landowners all wanted to control advowsons because they meant political, social, and economic influence. The question of law turned on who had the superior legal claim to the vacancy-which was a type of property-at the time the position needed to be filled. In tracing how these conflicts were resolved, Joshua C. Tate takes a sharply different view from that of historians who focus only on questions of land ownership, and he shows that the English needed new legal contours to address the questions of ownership and possession that arose from these disputes. Tate argues that the innovations made necessary by advowson law helped give birth to modern common law and common law courts.
Articles on natural law theory and philosophy of law.
This book sketches the history of Roman Private Law from the Twelve Tables to modern times, and sets out the elements of the system. It does not attempt to summarize the whole law, but explains and evaluates its most characteristic and influential features.
Trials by ordeal, a judicial practice in which the guilt or innocence of the accused is determined by subjecting them to a painful task, have taken place from ancient Mesopotamia until the present day. This volume focuses on a special type of ordeal by fire called the bishah ceremony, which originated in Bedouin societies and continues to be practiced in Egypt today. In Bedouin and Arab rural societies, when somebody suspects another person of theft, property damage, murder, manslaughter, illicit sexual relations, rape, or witchcraft, and there are no witness to the crime, this individual can request the suspect or suspects to accompany him to the mubasha', a Bedouin notable who conducts the ordeal by fire. The bisha'h ceremony was previously performed in Jordan and in Saudi Arabia as well as in Egypt. In Jordan, the late King Hussein banned the ordeal by fire in 1976. In Saudi Arabia, the mubasha' died in the late 1980s, without leaving a successor. Today, in Egypt, near Ismaliyya, a mubasha' continues to practice the ceremonial ordeal in which the suspect licks a ladle that is heated to between 600-900 degrees Celsius. If the suspect's tongue blisters, they are deemed guilty. If the tongue is clear, they are declared innocent. The author observed 169 of such ordeals, many of which are documented and illustrated in this volume. People who take part in the bisha'h ceremony not only come from various regions in Egypt, but also from other North African countries, and from several Middle Eastern countries, including the Gulf States. Most of the cases involve rural peasants rather than Bedouin, but there are also instances where city dwellers take part in the ordeal.
(Illustrated: Contains extensive images and photographs, with scholarly explanations, including Holmes's handwritten notes in the margins of his book and the original admission ticket to his 1880 lectures.) Modern, accurate, and legible edition of the classic work by Oliver Wendell Holmes, Jr., analyzing the concept of rules and the development of common law in the United States and England over ten centuries. Presented in a clear and affordable format, yet with original pagination embedded to allow accurate citation or uniform references for classroom use. Includes photographs and rare images, Holmes's original Index, Preface and detailed Contents (features missing in many prior editions), and readable typeface. Holmes wrote this work from his famous 1880 series of lectures in Boston on the life of the law, the use of history, and the basics of torts, contracts, crime, and property law. Law, he wrote, is a response to the felt necessities of the time. And in the process he wrote a book that is considered timeless. This modern edition of the classic book features an explanatory introduction and biographical summary by Steven Alan Childress, J.D., Ph.D., a senior law professor at Tulane University.
The early American legal system permeated the lives of colonists and reflected their sense of what was right and wrong, honorable and dishonorable, moral and immoral. In a compelling book full of the extraordinary stories of ordinary people, Elaine Forman Crane reveals the ways in which early Americans clashed with or conformed to the social norms established by the law. As trials throughout the country reveal, alleged malefactors such as witches, wife beaters, and whores, as well as debtors, rapists, and fornicators, were as much a part of the social landscape as farmers, merchants, and ministers. Ordinary people "made" law by establishing and enforcing informal rules of conduct. Codified by a handshake or over a mug of ale, such agreements became custom and custom became "law." Furthermore, by submitting to formal laws initiated from above, common folk legitimized a government that depended on popular consent to rule with authority. In this book we meet Marretie Joris, a New Amsterdam entrepreneur who sues Gabriel de Haes for calling her a whore; peer cautiously at Christian Stevenson, a Bermudian witch as bad "as any in the world;" and learn that Hannah Dyre feared to be alone with her husband and subsequently died after a beating. We travel with Comfort Taylor as she crosses Narragansett Bay with Cuff, an enslaved ferry captain, whom she accuses of attempted rape, and watch as Samuel Banister pulls the trigger of a gun that kills the sheriff's deputy who tried to evict Banister from his home. And finally, we consider the promiscuous Marylanders Thomas Harris and Ann Goldsborough, who parented four illegitimate children, ran afoul of inheritance laws, and resolved matters only with the assistance of a ghost. Through the six trials she skillfully reconstructs here, Crane offers a surprising new look at how early American society defined and punished aberrant behavior, even as it defined itself through its legal system."
We live in a system explicitly designed to steal from every U.S. citizen every minute of every day Know Stealing dispels preconceived notions about the root causes of our nation's problems, replacing them with essential, clear and precise knowledge capable of driving restoration in our American Republic. Building upon fifteen years of research, this breakthrough expos provides the solutions that will enable us, as ordinary citizens, to reclaim individual Life, Liberty, Property, and Prosperity, all founded a policy of NO stealing. We can no longer afford the lies and deception that are eroding our national economy and our freedoms. Armed with knowledge and the tools necessary to restore our nation, together we can change the course of history. A few words which have been used to describe Know Stealing: Must-Read. Simple To Understand. Scholarly. #1 to Gift. Original Research. Methodically Corrects Dangerous Error. Disperses Complexity. Challenging. Concise and Astute Brilliance. Desperately Needed. Revolutionizes One's Worldview. Transformational.
For almost three-quarters of a century, the countries of Western Europe have abandoned national sovereignty as an ideal. Nation states are being dismantled: by supranationalism from above, by multiculturalism from below. This book explains why supranationalism and multiculturalism are in fact irreconcilable with representative government and the rule of law. It challenges one of the most central beliefs in contemporary legal and political philosophy, which is that borders are bound to disappear.
Hugo Grotius (1583-1645), a.k.a., Hugo de Groot, laid the foundations for international law based on natural law with Francisco de Vitoria and Alberico Gentili. The 1625 De Jure Belli ac Pacis, also translated as On the Law of War and Peace, is considered to be a foundational work in international law.
The theory and praxis of biblical law in the historical and contemporary landscape of American law and culture is contentious and controversial. Richard Hiers provides a new consideration of the subject with an emphasis upon the underlying justice and compassion implicit within. Special consideration is given to matters of civil law, the death penalty, and due process. An analysis of various biblical trial scenes are also included. The book draws on, and in turn relates to three areas of scholarship and concern: biblical studies, social ethics, and jurisprudence (legal theory). Modern legal categories often illuminate the nature of biblical law: for instance, by distinguishing between inheritance and bequests or wills (a distinction not found in traditional biblical commentaries), and by identifying the meaning or function of biblical laws by using such categories as "contract" and "tort" law, "due process," "equal protection," and "social welfare legislation."Several discussions throughout the book compare or contrast biblical laws with modern Anglo-American law or social policies. Each chapter begins with two or three relevant quotations: one or two from biblical texts, and sometimes from one or two relevant latter-day sources, notably, Magna Carta, the United States Constitution, and writings by Ayn Rand, and Robert Bellah. Although modern law usually shows greater compassion, biblical law often combines concern for both justice and compassion in ways that sometime provide grounds for critiquing modern counterparts.> |
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