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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. This engaging and accessible book focuses on high-profile criminal trials and examines the strategy of the lawyers, the reasons for conviction or acquittal, as well as the social importance of these famous cases. Key features include: An in-depth examination of cases that are described only superficially in the media Comparative analysis of headline crimes and the evolving issues of crime, punishment and justice Detailed exploration of 11 landmark criminal cases including the trials of Amanda Knox, Mike Tyson and O.J. Simpson. The Advanced Introduction to Landmark Criminal Cases will be a key resource for students and scholars of criminal law and justice. It will also make an interesting read for lawyers and those interested in the famous trials of the last century.
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. This engaging and accessible book focuses on high-profile criminal trials and examines the strategy of the lawyers, the reasons for conviction or acquittal, as well as the social importance of these famous cases. Key features include: An in-depth examination of cases that are described only superficially in the media Comparative analysis of headline crimes and the evolving issues of crime, punishment and justice Detailed exploration of 11 landmark criminal cases including the trials of Amanda Knox, Mike Tyson and O.J. Simpson. The Advanced Introduction to Landmark Criminal Cases will be a key resource for students and scholars of criminal law and justice. It will also make an interesting read for lawyers and those interested in the famous trials of the last century.
Constructive mathematics is based on the thesis that the meaning of a mathematical formula is given, not by its truth-conditions, but in terms of what constructions count as a proof of it. However, the meaning of the terms `construction' and `proof' has never been adequately explained (although Kriesel, Goodman and Martin-Loef have attempted axiomatisations). This monograph develops precise (though not wholly formal) definitions of construction and proof, and describes the algorithmic substructure underlying intuitionistic logic. Interpretations of Heyting arithmetic and constructive analysis are given. The philosophical basis of constructivism is explored thoroughly in Part I. The author seeks to answer objections from platonists and to reconcile his position with the central insights of Hilbert's formalism and logic. Audience: Philosophers of mathematics and logicians, both academic and graduate students, particularly those interested in Brouwer and Hilbert; theoretical computer scientists interested in the foundations of functional programming languages and program correctness calculi.
Constructive mathematics is based on the thesis that the meaning of a mathematical formula is given, not by its truth-conditions, but in terms of what constructions count as a proof of it. However, the meaning of the terms `construction' and `proof' has never been adequately explained (although Kriesel, Goodman and Martin-Loef have attempted axiomatisations). This monograph develops precise (though not wholly formal) definitions of construction and proof, and describes the algorithmic substructure underlying intuitionistic logic. Interpretations of Heyting arithmetic and constructive analysis are given. The philosophical basis of constructivism is explored thoroughly in Part I. The author seeks to answer objections from platonists and to reconcile his position with the central insights of Hilbert's formalism and logic. Audience: Philosophers of mathematics and logicians, both academic and graduate students, particularly those interested in Brouwer and Hilbert; theoretical computer scientists interested in the foundations of functional programming languages and program correctness calculi.
Gerhard Gompper studied Physics at the Ludwig-Maximilians-Universitaet Muenchen, where he received his Physics Diploma and Ph.D. in Physics in the group of Herbert Wagner. After a postdoctoral stay with Michael Schick at the University of Washington in Seattle, he returned to Munich to earn his habilitation. An assignment as a staff scientist at the Max-Planck-Institute for Colloid- and Interface Science in Berlin-Teltow from 1994 to 1999 preceded his joint appointment as a director at the Institute for Solid-State Physics at the Research Center Juelich and as a full professor at the University of Cologne. He was recently honored with the Erwin-Schroedinger-Award for interdisciplinary research on the efficiency-boosting effect of amphiphilic polymers in microemulsions.
America is at war with terrorism. Terrorists must be brought to justice. We hear these phrases together so often that we rarely pause to reflect on the dramatic differences between the demands of war and the demands of justice, differences so deep that the pursuit of one often comes at the expense of the other. In this book, one of the country's most important legal thinkers brings much-needed clarity to the still unfolding debates about how to pursue war and justice in the age of terrorism. George Fletcher also draws on his rare ability to combine insights from history, philosophy, literature, and law to place these debates in a rich cultural context. He seeks to explain why Americans--for so many years cynical about war--have recently found war so appealing. He finds the answer in a revival of Romanticism, a growing desire in the post-Vietnam era to identify with grand causes and to put nations at the center of ideas about glory and guilt. Fletcher opens with unsettling questions about the nature of terrorism, war, and justice, showing how dangerously slippery the concepts can be. He argues that those sympathetic to war are heirs to the ideals of Byron, Fichte, and other Romantics in their belief that nations--not just individuals--must uphold honor and be held accountable for crimes. Fletcher writes that ideas about collective glory and guilt are far more plausible and widespread than liberal individualists typically recognize. But as he traces the implications of the Romantic mindset for debates about war crimes, treason, military tribunals, and genocide, he also shows that losing oneself in a grand cause can all too easily lead to moral catastrophe. A work of extraordinary intellectual power and relevance, the book will change how we think not only about world events, but about the conflicting individualist and collective impulses that tear at all of us.
Criminal law, according to George Fletcher, has become localized law in the sense that each country and, within the USA, each state has adopted its own set of criminal codes, conceptions of punishable behaviour, etc. In this book, Fletcher maintains that there is much greater unity among diverse systems of criminal justice than commonly realized, and that any adequate system of criminal law necessarily must address a set of universal, basic issues. He introduced and sets out the twelve concepts that shape and guide every system of criminal justice, knowledge of which is essential to understanding the structure of the law and its local and national variations.
This is a new release of the original 1956 edition.
American Law in a Global Context is an elegant and erudite introduction to the American legal system from a global persepctive. There is no basic book that introduces the foreign lawyer who has already studied the law of foreign jurisdictions to fundamental concepts of American law and legal practice. This book fills that void. Using a comparative approach, George P. Fletcher and Steve Sheppard introduce underlying principles of common and civil law, constitutional, criminal, and public law, and property and procedure. Designed to help the foreign student grasp the basic ideas of pedagogy, legal institutions and substantive law in the US, appendices include an introduction to the common law method, instruction on how to read a case, the interpretation of statutes, and an introduction to the Federal system and US courts systems. A must-own reference source for LLM students, undergraduates, and students of US law in other countries.
This book focuses on voting practices, election reform and local election officials who are critical to the administration of federal elections and the implementation of the Help America Vote Act of 2002 (HAVA). Topics discussed include how local election officials view election reform; the Help America Vote Act of 2002 and elections reform issues; the history and implementation of the National Voter Registration Act of 1993; and the constitutional authority and limitations relevant to Congress standardising the administration of voter registration, balloting, tabulating and reporting election results.
This scarce antiquarian book is included in our special Legacy Reprint Series. In the interest of creating a more extensive selection of rare historical book reprints, we have chosen to reproduce this title even though it may possibly have occasional imperfections such as missing and blurred pages, missing text, poor pictures, markings, dark backgrounds and other reproduction issues beyond our control. Because this work is culturally important, we have made it available as a part of our commitment to protecting, preserving and promoting the world's literature.
Kessinger Publishing is the place to find hundreds of thousands of rare and hard-to-find books with something of interest for everyone
Kessinger Publishing is the place to find hundreds of thousands of rare and hard-to-find books with something of interest for everyone!
This scarce antiquarian book is included in our special Legacy Reprint Series. In the interest of creating a more extensive selection of rare historical book reprints, we have chosen to reproduce this title even though it may possibly have occasional imperfections such as missing and blurred pages, missing text, poor pictures, markings, dark backgrounds and other reproduction issues beyond our control. Because this work is culturally important, we have made it available as a part of our commitment to protecting, preserving and promoting the world's literature.
Advancing a bold theory of the relevance of tort law in the fight against human rights abuses, celebrated US law professor George Fletcher here challenges the community of international lawyers to think again about how they can use the Alien Tort Statute. Beginning with an historical analysis Fletcher shows how tort and criminal law originally evolved to deal with similar problems, how tort came to be seen as primarily concerned with negligence and how the Alien Tort Statute has helped establish the importance of tort law in international cases. In a series of cases starting with Filartiga and culminating most recently in Sosa, Fletcher shows how torture cases led to the reawakening of the Alien Tort Statute, changing US law and giving legal practitioners a tool with which to assist victims of torture and other extreme human rights abuses. This leads to an examination of Agent Orange and the possible commission of war crimes in the course of its utilisation, and the theory of liability for aiding and abetting the US military and other military forces when they commit war crimes. The book concludes by looking at the cutting-edge cases in this area, particularly those involving liability for funding terrorism, and the remedies available, particularly the potential offered by the compensation chamber in the International Criminal Court.
Adam Gross, philosopher-cum-lawyer, teaches at an Ivy League law school in New York. Good looking, cultivated, bohemian, he was once considered the rising star of his faculty, but that was a decade ago, and times have changed. Doing the job he always wanted, shaping eager, young, minds, showing them what it takes to be a lawyer, Adam has to face the truth that his style is no longer what the students pay for; and his Dean is getting worried about the rising number of complaints. It doesn't help that he is about to start sleeping with the Dean's wife... Faced with a struggle for survival, sandwiched between headstrong students and colleagues eager to see him cut down to size, Adam knows no other course than to keep teaching law as he believes it must be taught - as a global, complex and multi-faceted phenomenon in which American law is just one part of the picture. In a world in which the old certainties have been swept away, in which torture happens on our doorstep, and inequalities multiply, more than ever Adam wants his students to understand that they hold the key to a better, more just, future. This novel by acclaimed Columbia Professor of Law, George Fletcher, is at one and the same time a tale of university life and a fascinating journey into the philosophical world of law. By turns provocative, challenging, shocking and amusing, THE BOND will change forever the way law students (and their teachers) think about the law. "A shrewd and funny insight into a world of ideas, love and intrigue: the American law school" Bernard Schlink, author of The Reader. "This novel provides a unique insight into the workings of the legal mind and the inner life of law schools." Bruce Ackerman, Sterling Professor of Law and Political Science, Yale University See the detailed website for this book: http: //fletcher-thebond.com/?cat=4.
Americans hate and distrust their government. At the same time, Americans love and trust their government. These contradictory attitudes are resolved by Fletcher's novel interpretation of constitutional history. He argues that we have two constitutions--still living side by side--one that caters to freedom and fear, the other that satisfied our needs for security and social justice. The first constitution came into force in 1789. It stresses freedom, voluntary association, and republican elitism. The second constitution begins with the Gettysburg Address and emphasizes equality, organic nationhood, and popular democracy. These radical differences between our two constitutions explain our ambivalence and self-contradictory attitudes toward government. With September 11 the second constitution--which Fletcher calls the Secret Constitution--has become ascendant. When America is under threat, the nation cultivates its solidarity. It overcomes its fear and looks to government for protection and the pursuit of social justice. Lincoln's messages of a strong government and a nation that must "long endure" have never been more relevant to American politics. "Fletcher's argument has intriguing implications beyond the sweeping subject of this profoundly thought-provoking book."--The Denver Post
This is a brief introduction to the major issues in legal philosophy, intended for use as a secondary text in law schools, and in graduate and undergraduate courses in philosophy of law, jurisprudence and legal issues.
At a time when age-old political structures are crumbling, civil
strife abounds, and economic uncertainty permeates the air, loyalty
offers us security in our relationships with associates, friends,
and family. Yet loyalty is a suspect virtue. It is not impartial.
It is not blind. It violates the principles of morality that have
dominated Western thought for the last two hundred years.
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