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Books > Law > Jurisprudence & general issues > Foundations of law
Law is a strange beast. It is often thought of as moral, yet morality and law do not often coincide. It is supposed to encourage individuals to act in accordance with societal wishes, such as the protection of intellectual property encourages someone to invent new products and thereby increase the level of technology, productivity, and economic activity in our economy. Yet law often provides perverse incentives that cause individuals, or even the State, to act in discordant, and therefore inefficient, ways. More than anything else, law in its various forms creates the working rules of an economy, for better or for worse. The popular refrain 'there ought to be a law' is a desire to alter future outcomes when current or past outcomes seem to the public to be inconsistent with their notions of fairness and justice. Regardless, many, if not most, laws applied to our economic system create severe inefficiencies such as minimum wage legislation and rent control laws; these actually serve to deny individuals work and shelter in a haphazard and capricious manner. Law also dictates property rights, yet eminent domain lets the State take it away with seemingly arbitrary compensation to the owner. It is for this reason that workers, employers, managers and others have a stake in understanding the interplay between law and economics and how to evaluate laws to determine whether and how their business property and equity may be impacted by them. It is also incumbent upon individuals to understand the process of rulemaking as a mechanism that can be designed to reduce the transactions costs that cause us to resort to the legal system to resolve disputes. One unique aspect of this book is that it is written with both economists and non-economists in mind. Another difference is that this text does not concern itself with criminal law, which is left to a separate book in the Business Expert Press economics collection. A final difference is that this text discusses the legal organization of businesses as well as tax law from an economics perspective, two items that are not formally treated in other economics of law textbooks.
Criminal Justice and Law Enforcement Annual: Global Perspectives (CJLE) is a peer-reviewed annual publishing current interdisciplinary research on a wide array of vital international subjects related to criminal justice systems. We seek to publish: broad creative analyses of criminal justice systems or system components; articles and treatises on power, social theory, and the apparatuses of crime and punishment; comparative examinations; explorations of the intersection/s between criminal justice systems and other social, political, or economic structures; interdisciplinary and paradigm-challenging new work. Articles in CJLE take advantage of the broader perspective that annual publication provides by tackling large interpretative questions, offering synthetic analyses of major methodologies, or considering new theoretical approaches to criminal justice studies in the widest and most international sense.
Brad's passion for nursing home abuse cases stems from a personal tragedy that happened to a member of his family. Brad's goal in his work and for this book is to prevent the same type of tragedy from happening to others.
The Continuity of Legal Systems in Theory and Practice examines a persistent and fascinating question about the continuity of legal systems: when is a legal system existing at one time the same legal system that exists at another time? The book's distinctive approach to this question is to combine abstract critical analysis of two of the most developed theories of legal systems, those of Hans Kelsen and Joseph Raz, with an evaluation of their capacity, in practice, to explain the facts, attitudes and normative standards for which they purport to account. That evaluation is undertaken by reference to Australian constitutional law and history, whose diverse and complex phenomena make it particularly apt for evaluating the theories' explanatory power. In testing whether the depiction of Australian law presented by each theory achieves an adequate 'fit' with historical facts, the book also contributes to the understanding of Australian law and legal systems between 1788 and 2001. By collating the relevant Australian materials systematically for the first time, it presents the case for reconceptualising the role of Imperial laws and institutions during the late nineteenth and early twentieth centuries, and clarifies the interrelationship between Colonial, State, Commonwealth and Imperial legal systems, both before and after Federation.
If you wish to advise clients how to qualify for nursing home Medicaid while protecting their assets, this is the definitive book Written by an elder law attorney with over 25 years of experience, this manual is the professional edition version of attorney Heiser's best-selling Medicaid Secrets book. This manual is geared toward attorneys, accountants, and financial advisors seeking up-to-date and accessible information on the Medicaid program rules as well as a complete analysis of available Medicaid asset protection techniques for their clients. Includes a summary of all income and asset rules for both married and single individuals, together with numerous examples and several case studies, which take the planner through the same thought processes that an experienced elder law attorney would go through when analyzing a real-life client's situation. The book includes tips on: how to title the home so the client does not lose it to the state; how to make transfers to family members that won't disqualify the client from Medicaid; how "Medicaid annuities" work to make assets "disappear" for Medicaid eligibility purposes; clever ideas for "spending down" assets; what to change in a client's will to save thousands of dollars if the spouse ever needs nursing home care; avoiding the state's reimbursement claim following the nursing home resident's death; and much more. The 2014 Edition has been expanded, revised, and completely updated to incorporate all changes in the law as of January 31, 2014, and includes two chapters on Veterans' benefits as well as a 39-page Ethics of Elder Law section. Completely annotated with all case citations and statutory references given in over 500 footnotes. Also includes full copies of relevant statutes and a sample filled-out Medicaid application, plus sample clauses for deeds, wills, powers of attorney, etc.
Legal Naturalism advances a clear and convincing case that Marx's theory of law is a form of natural law jurisprudence. It explicates both Marx's writings and the idea of natural law, and makes a forceful contribution to current debates on the foundations of law. Olufemi Taiwo argues that embedded in the corpus of Marxist writing is a plausible, adequate, and coherent legal theory. He describes Marx's general concept of law, which he calls "legal naturalism." For Marxism, natural law isn't a permanent verity; it refers to the basic law of a given epoch or social formation which is an essential aspect of its mode of production. Capitalist law is thus natural law in a capitalist society and is politically and morally progressive relative to the laws of preceding social formations. Taiwo emphasizes that these formations are dialectical or dynamic, not merely static, so that the law which is naturally appropriate to a capitalist economy will embody tensions and contradictions that replicate the underlying conflicts of that economy. In addition, he discusses the enactment and reform of "positive law"-law established by government institutions-in a Marxian framework.
Brad's passion for nursing home abuse cases stems from a personal tragedy that happened to a member of his family. Brad's goal in his work and for this book is to prevent the same type of tragedy from happening to others. This step by step guide provides practical guidance for families with relatives in nursing homes.
Huguccio was an important lawyer of the medieval church, bishop of Ferrara, and one of the greatest representatives of twelfth-century scholasticism. In this book-length study of this influential figure, Wolfgang P. Muller provides a critical account of the biographical information on the man and his writings. He discusses the various aspects of Huguccio's career and thought as well as the manuscript tradition of some of his works. The author's scholarship rests on direct consultation and painstaking analysis of enormous quantities of manuscript material. This book provides the point of departure for anyone wishing to study Huguccio first-hand. It will be worthy reading for students of medieval canon law and an essential addition to all libraries supportingresearch in medieval studies.
"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. Hardcover. New.
Summoned to the Roman Courts is the first work by Detlef Liebs, an internationally recognized expert on ancient Roman law, to be made available in English. Originally presented as a series of popular lectures, this book brings to life a thousand years of Roman history through sixteen studies of famous court cases - from the legendary trial of Horatius for the killing of his sister, to the trial of Jesus Christ, to that of the Christian leader Priscillian for heresy. Drawing on a wide variety of ancient sources, the author not only paints a vivid picture of ancient Roman society, but also illuminates how ancient legal practices still profoundly affect how the law is implemented today.
"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.
It has been generally believed among different sections and groups of the society that legal education is only for the law students, lawyers etc. But have you ever thought that how important role can basic legal education plays in our daily life. It is very necessary for every person to have certain knowledge of Law, otherwise it would become very difficult for him to tackle several problems, from consumer protection to fundamental rights. One of the reasons for popular dissatisfaction with the administration of justice is the uncertainty of law which sometimes results in miscarriage of justice. The multiplicity of interpretations, the inadequacies of legislative drafting, ambiguities in policies and the variety of languages in which transactions are made add to the confusion and make repeated litigation inevitable. This book "Law for the Common Man" will be of immense help for layman to understand the legal issues in simple and effective manner. This book will be of immense help to make people aware about their rights and duties.
A prolific writer and orator as well as legal expert in Iranian civil law, Hassan Sadr offers a fresh perspective of woman's basic rights on social issues. The book, first published as his thesis in 1940 titled as "The Rights of Woman according to Islam and in Europe." The concepts discussed in the book, however, reflect a progressive and harmonious approach towards integration of moral principles and civil laws. Specifically he believes that woman's rights must be embedded in the psychic of society, social custom and habit; in short a way of life. He constructs a healthy and peaceful society on the premise that its foundation is based on recognition and respect for status of woman who is instrumental in delivering quality family members. By fully participating in family leadership she creates a new generation of youth that is properly nourished, nurtured, trained and taught from the time of birth. In effect the mother instills the sense of protection of the rights of woman in her child, as the fundamental premise in safeguarding the woman's basic rights in a civil society. This book presents a series of logical steps towards forming healthy family whose goal is to maintain quality membership. In summary, the women whose rights must be fully protected are also full participants of ensuring the quality of society they help to create.
Combining historical, sociological, and legal expertise, Bruce Frier discloses the reasons for the emergence of law as a professional discipline in the later Roman Republic. Originally published in 1985. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These paperback editions preserve the original texts of these important books while presenting them in durable paperback editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
This volume offers a long overdue appraisal of the dynamic interactions between Roman law and Latin literature. Despite there being periods of massive tectonic shifts in the legal and literary landscapes, the Republic and Empire of Rome have not until now been the focus of interdisciplinary study in this field. This volume brings vital new material to the attention of the law and literature movement. An interdisciplinary approach is at the heart of this volume: specialists in Roman law rarely engage in constructive dialogue with specialists in Latin literature and vice versa but this volume bridges that divide. It shows how literary scholars are eager to examine the importance of law in literature or the juridical nature of Latin literature, while Romanists are ready to embrace the interactions between literary and legal discourse. This collection capitalizes on the opportunity to open a fruitful dialogue between scholars of Latin literature and Roman law and thus makes a major, much-needed contribution to the growing field of law and literature.
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