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Books > Law > Jurisprudence & general issues > Foundations of law > General
While the law of evidence has dominated jurisprudential treatment of the subject, evidence is in truth a multi-disciplinary subject. This book is a collection of materials concerned not only with the law of evidence, but also with the logical and rhetorical aspects of proof; the epistemology of evidence as a basis for the proof of disputed facts; and scientific aspects of the subject. The editor raises issues such as the philosophical basis for the use of evidence; whether courtroom proof is essentially mathematical or non-mathematical; and the use of different theories of probability in legal reasoning.
Koskenniemi traces the emergence of a liberal sensibility relating to international matters in the late 19th century, and its subsequent decline after the Second World War. He combines legal analysis, historical and political critique and semi-biographical studies of key figures, including Hersch Lauterpacht, Carl Schmitt and Hans Morgenthau. Finally, his discussion of legal and political realism at American law schools ends in a critique of post-1960 "instrumentalism". This wide-ranging study provides a unique reflection on the future of critical international law.
According to the natural law account of practical rationality, the basic reasons for actions are basic goods that are grounded in the nature of human beings. Practical rationality aims to identify and characterize reasons for action and to explain how choice between actions worth performing can be appropriately governed by rational standards. Natural Law and Practical Rationality is a defense of a contemporary natural law theory of practical rationality, demonstrating its inherent plausibility and engaging systematically with rival egoist, consequentialist, Kantian and virtue accounts.
Advocates of restorative justice question the state's ability to deliver satisfactory justice. This provocative volume looks at the flourishing restorative justice movement and considers the relationship between restorative justice and civil society. Genuinely international, it addresses aspects of civil society including schools, families, churches and private workplaces and considers broader issues such as democracy, human rights, access and equity. It presents the ideals of restorative justice so that victims, offenders, their families and communities might have more representation in the justice process.
The Great Christian Jurists series comprises a library of national
volumes of detailed biographies of leading jurists, judges and
practitioners, assessing the impact of their Christian faith on the
professional output of the individuals studied. Little has
previously been written about the faith of the great judges who
framed and developed the English common law over centuries, but
this unique volume explores how their beliefs were reflected in
their judicial functions. This comparative study, embracing ten
centuries of English law, draws some remarkable conclusions as to
how Christianity shaped the views of lawyers and judges. Adopting a
long historical perspective, this volume also explores the lives of
judges whose practice in or conception of law helped to shape the
Church, its law or the articulation of its doctrine.
The authors of this book engage in essay form in a lively debate over the fundamental characteristics of legal and moral rights. They examine whether rights fundamentally protect individuals' interests or whether they instead fundamentally enable individuals to make choices. In the course of this debate the authors address many questions through which they clarify, though not finally resolve, a number of controversial present-day political debates, including those over abortion, euthanasia, and animal rights.
Comparing two consequential movements that shed light on the nature
of revolution>Revolutions in Cuba and Venezuela compares the
sociopolitical processes behind two major revolutions—Cuba in
1959, when Fidel Castro came to power, and Venezuela in 1999, when
Hugo Chávez won the presidential election. With special attention
to the Cuba-Venezuela alliance, particularly in regards to foreign
policy and the trade of doctors for oil, Silvia Pedraza and Carlos
Romero show that the geopolitical theater where these events played
out determined the dynamics and reach of the revolutions. Updating
and enriching the current understanding of the Cuban and Venezuelan
revolutions, this study is unique in its focus on the massive
exodus they generated. Pedraza and Romero argue that this factor is
crucial for comprehending a revolution’s capacity to succeed or
fail. By externalizing dissent, refugees helped to consolidate the
revolutions, but as the diasporas became significant political
actors and the lifelines of each economy, they eventually served to
undermine the social movements. Using comparative historical
analysis and data collected through fieldwork in Cuba and Venezuela
as well as from immigrant communities in the U.S., Pedraza and
Romero discuss issues of politics, economics, migrations,
authoritarianism, human rights, and democracy in two nations that
hoped to make a better world through their revolutionary journeys.
Publication of this work made possible by a Sustaining the
Humanities through the American Rescue Plan grant from the National
Endowment for the Humanities.
The essays in this collection use interdisciplinary perspectives to investigate issues in international and comparative law, primarily employing theoretical or empirical economics. They demonstrate that the economic analysis of law has much to contribute to the study of international matters, despite the fact that mainstream international legal scholars and economists have had relatively little interaction. Original versions of the essays were presented at a conference sponsored by Duquesne and George Mason Universities in the Spring of 1995, and some essays are followed by comments from conference participants.
The essays in this collection use interdisciplinary perspectives to
investigate issues in international and comparative law, primarily
employing theoretical or empirical economics. They demonstrate that
the economic analysis of law has much to contribute to the study of
international matters, despite the fact that mainstream
international legal scholars and economists have had relatively
little interaction. The essays take comparative or empirical
approaches to explore themes in international trade, trade and the
environment, law and development, the political economy of
privatization and exchange rate policies, economic theories of
international institutional design, immigration policy, comparative
bankruptcy, international antitrust, and extraterritorial
jurisdiction.
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.
'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.
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