![]() |
Welcome to Loot.co.za!
Sign in / Register |Wishlists & Gift Vouchers |Help | Advanced search
|
Your cart is empty |
||
|
Books > Law > Jurisprudence & general issues
How can it be, in a nation that elected Barack Obama, that one
third of African American males born in 2001 will spend time in a
state or federal prison, and that black men are seven times
likelier than white men to be in prison? Blacks are much more
likely than whites to be stopped by the police, arrested,
prosecuted, convicted, and imprisoned, and are much less likely to
have confidence in justice system officials, especially the police.
This is a concise and accessible introduction to fundamental rights in Europe from the perspectives of history, theory and an analysis of European jurisprudence. Taking a multidisciplinary approach, the book equips readers with the tools to understand the foundations and the functioning of this complex and multi-layered topic. Key Features: A combination of historical and philosophical approaches with analysis of significant legal cases A multidisciplinary outlook, in contrast to the strict legal approach of most textbooks on the subject A European perspective which refers throughout to central European values such as freedom, equality, solidarity and dignity A specific focus on fundamental rights, which have received less attention in the fields of legal history and theory in comparison to human rights This textbook will be an important resource for both undergraduate and postgraduate students in law, philosophy and political science. It will be particularly useful to those studying the law of fundamental rights or human rights as a complement to more traditional legal approaches.
Clinical legal education (CLE) is a springboard for entry into legal practice, preparing students for the professional challenges they will face after completing their studies and embarking on their legal careers. In her eight years of conducting research on CLE in South African universities, the author has found that the most urgent needs are in the area of student assessment. Designing a curriculum with assessable content is therefore essential for clinicians who, in certifying students' capabilities, are the gatekeepers to practice. This book identifies curriculum requirements across a number of jurisdictions, and proposes a menu of assessment methods, which may enhance the choices of assessment methodologies available to South African university law clinics. It also covers the setting of parameters for assessment, grading, grade descriptors and moderation systems, and discusses different forms of tests, assignments, essay- and oral-examinations, as well as self- and peer-evaluation, peer editing, case portfolios, and trial advocacy skills. The book addresses challenges such as clinicians' heavy workloads and differing levels of experience in supervision and assessment. It discusses challenges students face and presents solutions enabling clinicians to help them depending on their individual experience and needs. Also discussed are the potential conflicts between the needs of students and those of the local community being served by the law clinic. Although the aim of this book is to find appropriate assessment methods for CLE, the effectiveness of an assessment programme can only be determined when measured against a curriculum. The proposed curriculum is therefore measured against the identified assessment criteria. CLE Lecturers can download assessment forms, checklists and rubrics from the Juta Law website - visit https://juta.co.za/support-material/detail/clinical-legal-education for details.
Americans have a deeply ambivalent relationship to guns. The United States leads all nations in rates of private gun ownership, yet stories of gun tragedies frequent the news, spurring calls for tighter gun regulations. The debate tends to be acrimonious and is frequently misinformed and illogical. The central question is the extent to which federal or state governments should regulate gun ownership and use in the interest of public safety. In this volume, David DeGrazia and Lester Hunt examine this policy question primarily from the standpoint of ethics: What would morally defensible gun policy in the United States look like? Hunt's contribution argues that the U.S. Constitution is right to frame the right to possess a firearm as a fundamental human right. The right to arms is in this way like the right to free speech. More precisely, it is like the right to own and possess a cell phone or an internet connection. A government that banned such weapons would be violating the right of citizens to protect themselves. This is a function that governments do not perform: warding off attacks is not the same thing as punishing perpetrators after an attack has happened. Self-protection is a function that citizens must carry out themselves, either by taking passive steps (such as better locks on one's doors) or active ones (such as acquiring a gun and learning to use it safely and effectively). DeGrazia's contribution features a discussion of the Supreme Court cases asserting a constitutional right to bear arms, an analysis of moral rights, and a critique of the strongest arguments for a moral right to private gun ownership. He follows with both a consequentialist case and a rights-based case for moderately extensive gun control, before discussing gun politics and advancing policy suggestions. In debating this important topic, the authors elevate the quality of discussion from the levels that usually prevail in the public arena. DeGrazia and Hunt work in the discipline of academic philosophy, which prizes intellectual honesty, respect for opposing views, command of relevant facts, and rigorous reasoning. They bring the advantages of philosophical analysis to this highly-charged issue in the service of illuminating the strongest possible cases for and against (relatively extensive) gun regulations and whatever common ground may exist between these positions.
For the first time in legal history, an indictment was filed
against an acting head of state, Slobodan Milosevic, for crimes
that he allegedly committed while in office. Seeking to change the
concept of ethnic cleansing from a rationalizing euphemism to an
incriminating metaphor, the International Criminal Tribunal for the
Former Yugoslavia (ICTY) established precedents and expanded the
boundaries of international criminal and humanitarian law.
Political theory is traditionally concerned with the justification and limits of state power. It asks: Can states legitimately direct and coerce non-consenting subjects? If they can, what limits, if any, constrain sovereign power? Public law is concerned with the justification and limits of judicial power. It asks: On what grounds can judges 'read down' or 'read in' statutory language against the apparent intention of the legislature? What limits, if any, are appropriate to these exercises of judicial power? This book develops an original constitutional theory of political authority that yields novel answers to both sets of questions. Fox-Decent argues that the state is a fiduciary of its people, and that this fiduciary relationship grounds the state's authority to announce and enforce law. The fiduciary state is conceived of as a public agent of necessity charged with guaranteeing a regime of secure and equal freedom. Whereas the social contract tradition struggles to ground authority on consent, the fiduciary theory explains authority with reference to the state's fiduciary obligation to respect legal principles constitutive of the rule of law. This obligation arises from the state's possession of irresistible public powers. The author begins with a discussion of Hobbes's conception of legality and the problem of discretionary power in administrative law. Drawing on Kant, he sketches a theory of fiduciary relations, and develops the argument through three parts. Part I shows that it is possible for the state to stand in a public fiduciary relationship to its people through a discussion of Crown-Native fiduciary relations recognized by Canadian courts. Part II sets out the theoretical underpinnings of the fiduciary theory of the state. Part III explores the implications of the fiduciary theory for administrative law and common law constitutionalism. The final chapter situates the theory within a broader philosophical discussion of the rule of law.
The essays in this volume answer to anxieties that the pragmatist tradition has had little to say about justice. While both the classical and neo-pragmatist traditions have produced a conspicuously small body of writing about the idea of justice, a common subtext of the essays in this volume is that there is in pragmatist thought a set of valuable resources for developing pragmatist theories of justice, for responding profitably to concrete injustices, and for engaging with contemporary, prevailing, liberal theories of justice. Despite the absence of conventionally philosophical theories of justice in the pragmatist canon, the writings of many pragmatists demonstrate an obvious sensitivity and responsiveness to injustice. Many pragmatists were and are moved by a deep sense of justice-by an awareness of the suffering of people, by the need to build just institutions, and a search for a tolerant and non-discriminatory culture that regards all people as equals. Three related and mutually reinforcing ideas to which virtually all pragmatists are committed can be discerned: a prioritization of concrete problems and real-world injustices ahead of abstract precepts; a distrust of a priori theorizing (along with a corresponding fallibilism and methodological experimentalism); and a deep and persistent pluralism, both in respect to what justice is and requires, and in respect to how real-world injustices are best recognized and remedied. Ultimately, Pragmatism and Justice asserts that pragmatism gives us powerful resources for understanding the idea of justice more clearly and responding more efficaciously to a world rife with injustice.
In recent years, philosophical discussions of free will have
focused largely on whether or not free will is compatible with
determinism. In this challenging book, David Hodgson takes a fresh
approach to the question of free will, contending that close
consideration of human rationality and human consciousness shows
that together they give us free will, in a robust and
indeterministic sense. In particular, they give us the capacity to
respond appositely to feature-rich gestalts of conscious
experiences, in ways that are not wholly determined by laws of
nature or computational rules. The author contends that this
approach is consistent with what science tells us about the world;
and he considers its implications for our responsibility for our
own conduct, for the role of retribution in criminal punishment,
and for the place of human beings in the wider scheme of things.
The New Jersey State Constitution is a completely revised new
edition that provide an outstanding constitutional and historical
account of the state's governing charter. In addition to an
overview of New Jersey's constitutional history, it provides an
in-depth, section-by-section analysis of the entire constitution,
detailing the many significant changes that have been made since
its initial drafting. This treatment, along with a table of cases,
index, and bibliography provides an unsurpassed reference guide for
students, scholars, and practitioners of New Jersey's constitution.
Public procurement law governs the acquisition of the goods and services that a state needs to fulfil its public functions. This area of law has seen tremendous development globally in recent years, and Africa is no exception. In many African countries there have been sweeping reforms in the regulatory regimes that govern public procurement. This trend shows no signs of slowing down. On the African continent, public procurement law is closely tied to pressing policy issues: from development plans to donor aid and international lending, to anti-corruption agendas and capacity challenges, to public finance management, enforceable remedies under the rule of law, and human rights. This book investigates a number of these themes to foster an understanding of public procurement law in the context of contemporary Africa. The authors of this collection, Public Procurement Regulation for 21st Century Africa, draw on their varied experience from scholarship, government, international bodies, NGOs and private practice to provide a range of perspectives that shed light on this vital field of law.
This book of friends (liber amicorum) is a tribute to Professor JC Sonnekus by colleagues and friends from Europe and South Africa to celebrate his more than 40 years in the academy and his contribution to law and its development. Authors from Belgium, the Netherlands, Germany and South Africa make contributions on the multitude of subjects and areas of jurisdiction to which professor Sonnekus contributed over the years. Subjects that are discussed, are divided under a general heading, the recognition and enforcement of judgments, prescription, uncertainty regarding common law rules and how the courts sometimes act in a law-making capacity, conditional cession and `who has the King's voice' - looking back at the convictions of the people and the legal convictions in the nineteenth century and how it could still lead to new insights. The law of delict leads to contributions on accountability of children, the law concerning liability in general and liability for an omission. The law of succession contains contributions on wills and trustees; the section on estoppel and enrichment touches on aspects of estoppel and the Turquand rule, as well as Ponzi schemes and pyramid schemes. International developments are discussed in the section on the law of marriage and family law with contributions on marriage contracts and the consequences of divorce under German law, general matrimonial property law in Europe and the influence of the Belgian constitutional court on family law. Insolvency law includes business rescue and the actio Pauliana and the law of contract contains a potpourri of contributions on the interpretation of contracts, perpetual contracts, evictions and independent warranties. The law of things (property) section contains contributions on property law and habitatio, credit security law, fragmented property, syndicated loans, servitudes and digital assets. This collection of essays concludes with two contributions on insurance law relating to self-steering and distance-steered vehicles and the sources of insurance law.
Black Natural Law offers a new way of understanding the African American political tradition. Iconoclastically attacking left (including James Baldwin and Audre Lorde), right (including Clarence Thomas and Ben Carson), and center (Barack Obama), Vincent William Lloyd charges that many Black leaders today embrace secular, white modes of political engagement, abandoning the deep connections between religious, philosophical, and political ideas that once animated Black politics. By telling the stories of Frederick Douglass, Anna Julia Cooper, W. E. B. Du Bois, and Martin Luther King, Jr., Lloyd shows how appeals to a higher law, or God's law, have long fueled Black political engagement. Such appeals do not seek to implement divine directives on earth; rather, they pose a challenge to the wisdom of the world, and they mobilize communities for collective action. Black natural law is deeply democratic: while charismatic leaders may provide the occasion for reflection and mobilization, all are capable of discerning the higher law using our human capacities for reason and emotion. At a time when continuing racial injustice poses a deep moral challenge, the most powerful intellectual resources in the struggle for justice have been abandoned. Black Natural Law recovers a rich tradition, and it examines just how this tradition was forgotten. A Black intellectual class emerged that was disconnected from social movement organizing and beholden to white interests. Appeals to higher law became politically impotent: overly rational or overly sentimental. Recovering the Black natural law tradition provides a powerful resource for confronting police violence, mass incarceration, and today's gross racial inequities. Black Natural Law will change the way we understand natural law, a topic central to the Western ethical and political tradition. While drawing particularly on African American resources, Black Natural Law speaks to all who seek politics animated by justice.
This concise primer offers an introduction to U.S. law from a comparative perspective, explaining not only the main features of American law and legal culture, but also how and why it differs from that of other countries. Gerrit De Geest initially focuses on the core characteristics of American law, such as the predominance of judge-made law, the significance of state law and the vital role that juries play in the legal process. De Geest then moves on to provide a succinct analysis of U.S. legal culture, before summarizing the principal differences in law and legal cultures around the world. Key features include: A thorough introduction to the main elements of U.S. law for international students A concise, accessible style illustrated with lively anecdotes and discussion of relevant foundational cases Explanation of the historical and cultural roots of law in the U.S. and other countries to provide context for differences. Students beginning LLM programs in the U.S., in particular international students, will find this primer invaluable reading. It will also be of interest to pre-law and comparative law students.
In a provocative and brilliant analysis, retired Supreme Court Justice Stephen Breyer deconstructs the textualist philosophy of the current Supreme Court’s supermajority and makes the case for a more pragmatic approach of the Constitution. The relatively new judicial philosophy of textualism dominates the Supreme Court. Textualists claim that the right way to interpret the Constitution and statutes is to read the text carefully and examine the language as it was understood at the time the documents were written. This, however, is not Justice Breyer’s philosophy nor has it been the traditional way to interpret the Constitution since the time of Chief Justice John Marshall. Justice Breyer recalls Marshall’s exhortation that the Constitution must be a workable set of principles to be interpreted by subsequent generations. Most important in interpreting law, says Breyer, is to understand the statutes as well as the consequences of deciding a case one way or another. He illustrates these principles by examining some of the most important cases in the nation’s history, among them the Dobbs and Bruen decisions from 2022 that he argues were wrongly decided and have led to harmful results.
In The Arizona State Constitution, John D. Leshy provides a
comprehensive history of Arizona's constitutional development.
Adopted at the height of the progressive movement, the Constitution
contains many progressive innovations. Leshy describes these along
with the dramatic changes the state has undergone in subsequent
decades. He also includes a section-by-section commentary which
crisply discusses the evolution and interpretation of each section,
including significant court decisions. Thoroughly updated to
reflect amendments and court cases through the fall of 2012, the
second edition of The Arizona State Constitution is an essential
reference guide for readers who seek a rich account of Arizona's
constitutional evolution.
Contract as Promise is a study of the philosophical foundations of contract law in which Professor Fried effectively answers some of the most common assumptions about contract law and strongly proposes a moral basis for it while defending the classical theory of contract. This book provides two purposes regarding the complex legal institution of the contract. The first is the theoretical purpose to demonstrate how contract law can be traced to and is determined by a small number of basic moral principles. At the theory level the author shows that contract law does have an underlying, and unifying structure. The second is a pedagogic purpose to provide for students the underlying structure of contract law. At this level of doctrinal exposition the author shows that structure can be referred to moral principles. Together the two purposes support each other in an effective and comprehensive study of contract law. This second edition retains the original text, and includes a new Preface. It also includes a substantial new essay entitled Contract as Promise in the Light of Subsequent Scholarship-Especially Law and Economics which serves as a retrospective of the work accomplished in the last thirty years, while responding to present and future work in the field.
The Washington State Constitution provides an outstanding
constitutional and historical account of the state's governing
charter. In addition to an overview of Washington's constitutional
history that focuses on the document's 19th century populist roots,
it provides an in-depth, section-by-section analysis of the entire
constitution, detailing the many significant changes made since its
initial drafting. This treatment, along with a table of cases,
index, and bibliography, provides an unsurpassed reference guide
for lawyers, judges, scholars, and members of the general public.
When International Law Works stands to change the way states and scholars look at this contentious topic. In this seminal work, Professor Tai-Heng Cheng addresses the current international law debates and transcends them. Responding to influential statements on international law by such scholars as Goldsmith, Posner, O'Connell, and Guzman, Cheng presents a new framework that decisionmakers should consider when they confront an international problem that implicates the often competing policies and interests of their own communities and global order. Instead of advocating for or against international law as legitimate or binding, as many commentators do, Cheng adknowledges both its shortcomings while presenting a practical means of deciding whether compliance in a given circumstance is beneficial, moral, or necessary. In this manner Cheng shows how it is possible for decisionmakers to take international law and its limitations seriously without actually needing to determine whether or not international law is "law." To demonstrate how his new proposal for approaching international law would work in a real crisis, Cheng provides numerous case studies from contemporary history that test his theory. Ranging topically from the current global economic crisis to the West's war on Islamist terrorism, these detailed and demonstrative case studies set this book apart from similar works of international legal scholarship. By combining theory with practice, When International Law Works gives lawyers, judges, policymakers, academics and students 'real world' guidance on how to face new global problems. In doing so, this new book challenges readers to rethink the role of law in an increasingly crisis-driven world.
This indispensable book offers a concise comparative introduction to international commercial arbitration. With reference to recent case law from leading jurisdictions and up-to-date rules revisions, International Commercial Arbitration provides a comparative analysis of the issues raised in arbitration, from the time of drafting of the arbitration clause to the rendering of the arbitral award and the post-award stage. Combining perspectives from both practice and academia, Franco Ferrari, Friedrich Rosenfeld and Consultant Editor John Fellas examine all the key points of international commercial arbitration. After introductory remarks on the applicable normative framework, the book covers arbitration agreements and their enforcement, the initiation of proceedings and the constitution of the tribunal, the taking of evidence, issues arising in complex arbitrations, as well as the award and the post-award regime. Scholars and students of international commercial arbitration across the globe will find this book invaluable for its comparative analysis. It will also be most useful for arbitration practitioners and judges interested in learning how jurisdictions differ in their approaches to arbitration proceedings.
Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. Sabino Cassese presents an incisive introduction to the essential principles of global law, exploring the central theories of globalization through an analysis of the main developments in this area. The Advanced Introduction concludes that despite the ongoing dialectic between national governments and international institutions, globalization and states are progressing in parallel, while civil societies are increasingly involved in the machinery of globalization. Key features include: Exploration of the key characteristics of the global legal space Discussion of the tensions between the state and global actors Analysis of the dialogue between civil societies and world regulators An examination of administrative forms of protection and their implementation. This Advanced Introduction will be a valuable guide for scholars and advanced students of global and transnational law. Examining both specific cases and relevant institutions and procedures, it will also be beneficial for legal practitioners.
This thoroughly engaging book uses empirical analysis to illustrate that the response of individuals to global terror events, via social media, provokes an opportunity to interpret the ways in which individuals view their place in the world and their relation to law and justice. It is through analysing these responses that Cassandra Sharp demonstrates that a 'hashtag jurisprudence' can be constructed. Sharp offers a theory of law that combines narratives, the experience of terror and the expression of emotion through social media engagement. Using thought-provoking case studies of terrorist attacks between 2014 and 2018 from around the world, the book examines how social media has quickly become the new forum for members of the public to express their opinions on current law and justice. It further demonstrates the significant impact that comments on social media platforms can have on social justice issues and activism. This timely book will be required reading for academics in law, social sciences and humanities. Scholars with an interest in legal theory, philosophy, and law and emotion will find the case study findings insightful and informative.
Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. Herbert Kritzer presents a clear introduction to the history, methods and substance of empirical legal research (ELR). Quantitative methods dominate in empirical legal research, but an important segment of the field draws on qualitative methods, such as semi-structured interviews and observation. In this book both methodologies are explored alongside systematic data analysis. Offering an overview of the broad ELR literature, the institutions of the law, the central actors of the law, and the subjects of the law are each addressed in this highly readable account that will be essential reading for legal researchers. Key features include: Summaries of the history of empirical legal research A clear introduction to methods in empirical legal research Coverage of both quantitative and qualitative methods and research A readable guide to the impact and rationale of different methodologies. This relatively short book provides an invaluable quick introduction for students, scholars, legal professionals and policy professionals.
Drawing on a rich and diverse legal heritage, Unjustified Enrichment provides a comprehensive and clearly structured exposition and an in-depth evaluation of the South African law of unjustified enrichment. The book analyses each of the general elements of enrichment liability, and suggests a manageable way of dealing with the intractable problems that arise in the context of indirect or multi-party enrichment.
|
You may like...
|