Law as a Means to an End

Author: Brian Z. Tamanaha
Publisher: Cambridge University Press
ISBN: 1139459228
Format: PDF, Kindle
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The contemporary US legal culture is marked by ubiquitous battles among various groups attempting to seize control of the law and wield it against others in pursuit of their particular agenda. This battle takes place in administrative, legislative, and judicial arenas at both the state and federal levels. This book identifies the underlying source of these battles in the spread of the instrumental view of law - the idea that law is purely a means to an end - in a context of sharp disagreement over the social good. It traces the rise of the instrumental view of law in the course of the past two centuries, then demonstrates the pervasiveness of this view of law and its implications within the contemporary legal culture, and ends by showing the various ways in which seeing law in purely instrumental terms threatens to corrode the rule of law.

Lawfare

Author: Orde F. Kittrie
Publisher: Oxford University Press
ISBN: 0190263571
Format: PDF, ePub
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"International military interventions can be extremely costly in terms of monetary resources, logistical challenges, and possible soldier and civilian casualties, as well as the potential for catastrophic results to international relations and agreements. In one such example of these enormous potential costs, the US and UK wished to stop a Russian ship from delivering ammunition to the Assad regime in Syria in 2012. Intercepting or confronting a Russian ship in transit could have erupted into open conflict, so they sought an alternative, non-confrontational maneuver: instead of military intervention, the UK persuaded the ship's insurer, London's Standard Club, to withdraw the ship's insurance. This loss of insurance caused the ship to return to Russia, thus avoiding an international clash as well as the delivery of deadly weapons to Syria. This use of legal maneuvering in lieu of armed force is known as "lawfare" and is becoming a critical strategic platform. In Lawfare, author Orde Kittrie's draws on his experiences as a lawfare practitioner, US State Department attorney, and international law scholar in analyzing the theory and practice of the strategic leveraging of law as an increasingly powerful and effective weapon in the current global security landscape. Lawfare incorporates case studies of recent offensive and defensive lawfare by the United States, Iran, China, and by both sides of the Israeli-Palestinian conflict and includes dozens of examples of how lawfare has thus been waged and defended against. Kittrie notes that since private attorneys can play important and decisive roles in their nations' national security plans through their expertise in areas like financial law, maritime insurance law, cyber law, and telecommunications law, the full scope of lawfare's impact and possibilities are just starting to be understood. With international security becoming an ever complicated minefield of concerns and complications, understanding this alternative to armed force has never been more important"--

Judges and Unjust Laws

Author: Douglas E Edlin
Publisher: University of Michigan Press
ISBN: 0472034154
Format: PDF, ePub
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Are judges legally obligated to enforce an unjust law?

The Goals of Competition Law

Author: Daniel Zimmer
Publisher: Edward Elgar Publishing
ISBN: 0857936611
Format: PDF, Kindle
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What are the normative foundations of competition law? That is the question at the heart of this book. Leading scholars consider whether this branch of law serves just one or more than one goal, and if it serves to protect unfettered competition as such, how this goal relates to other objectives such as the promotion of economic welfare. The book brings together contributions on the relevance of different welfare standards, on the concept of 'freedom to compete' and on distributional fairness as a goal of competition law. Moreover, it discusses the relationship to other legal goals such as mar.

On the Rule of Law

Author: Brian Z. Tamanaha
Publisher: Cambridge University Press
ISBN: 9780521604659
Format: PDF, Docs
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The rule of law is the most important political ideal today, yet there is much confusion about what it means and how it works. This 2004 book explores the history, politics, and theory surrounding the rule of law ideal, beginning with classical Greek and Roman ideas, elaborating on medieval contributions to the rule of law, and articulating the role played by the rule of law in liberal theory and liberal political systems. The author outlines the concerns of Western conservatives about the decline of the rule of law and suggests reasons why the radical Left have promoted this decline. Two basic theoretical streams of the rule of law are then presented, with an examination of the strengths and weaknesses of each. The book examines the rule of law on a global level, and concludes by answering the question of whether the rule of law is a universal human good.

The Problems of Jurisprudence

Author: Richard A. Posner
Publisher: Harvard University Press
ISBN: 9780674708761
Format: PDF, Mobi
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In this book, one of our country's most distinguished scholar-judges shares with us his vision of the law. For the past two thousand years, the philosophy of law has been dominated by two rival doctrines. One contends that law is more than politics and yields, in the hands of skillful judges, correct answers to even the most difficult legal questions; the other contends that law is politics through and through and that judges wield essentially arbitrary powers. Rejecting these doctrines as too metaphysical in the first instance and too nihilistic in the second, Richard Posner argues for a pragmatic jurisprudence, one that eschews formalism in favor of the factual and the empirical. Laws, he argues, are not abstract, sacred entities, but socially determined goads for shaping behavior to conform with society's values. Examining how judges go about making difficult decisions, Posner argues that they cannot rely on either logic or science, but must fall back on a grab bag of informal methods of reasoning that owe less than one might think to legal training and experience. Indeed, he reminds us, the greatest figures in American law have transcended the traditional conceptions of the lawyer's craft. Robert Jackson did not attend law school and Benjamin Cardozo left before getting a degree. Holmes was neither the most successful of lawyers nor the most lawyerly of judges. Citing these examples, Posner makes a plea for a law that frees itself from excessive insularity and takes all knowledge, practical and theoretical, as grist for its mill. The pragmatism that Posner espouses implies looking at problems concretely, experimentally, without illusions, with an emphasis on keeping diverse paths of inquiry open, and, above all, with the insistence that social thought and action be evaluated as instruments to desired human goals rather than as ends in themselves. In making his arguments, he discusses notable figures in jurisprudence from Antigonc to Ronald Dworkin as well as recent movements ranging from law and economics to civic republicanism, and feminism to libertarianism. All are subjected to Posner's stringent analysis in a fresh and candid examination of some of the deepest problems presented by the enterprise of law.

Symposium

Author: University of Miami. School of Law
Publisher:
ISBN:
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Encyclopedia of the Philosophy of Law and Social Philosophy

Author: Mortimer Sellers
Publisher: Springer
ISBN: 9789400765184
Format: PDF, ePub, Mobi
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This encyclopedia covers all topics in the philosophy of law and social philosophy, including the history, theory, and leading theorists of the philosophy of law and social philosophy. Featuring specially commissioned entries by an international team of the world's best scholars, including 2000-plus entries ensuring its place as the definitive reference work on the Philosophy of Law and Social Philosophy for the foreseeable future. The encyclopedia provides: 1) a clear concise expert definition and explanation of the key concepts in the field, written by leading scholars; 2) an essential reference for experts and newcomers alike, with entries ranging from short definitions of key terms to extended explorations of major topics; 3) an investigation of questions that have traditionally defined the field, but also more recent developments, significantly updating the fields of the philosophy of law and social philosophy; 4) introductions to theories and research that have developed globally.

Political Discourse

Author: L. H. LaRue
Publisher: University of Georgia Press
ISBN: 0820336270
Format: PDF, Docs
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Watergate has already told us much about the political dynamics of the presidency. In Political Discourse, L. H. LaRue shows that it can also reveal much about Congress, the men and women we elect to be our collective voice in Washington. Retracing the debates in the House Judiciary Committee as it voted on the articles of impeachment, LaRue shows that our representatives—all of them lawyers—chose to center their discussions largely on the president's violation of the law. Yet, LaRue suggests, far greater matters than simple lawlessness were at stake. By choosing to organize their discussions predominantly around the concept of “rule of law,” our representatives sidestepped the crucial issues of government ethics, the public trust, and democracy itself that Watergate raised. In this way, they failed in their role as representatives and misstated the deepest concerns of their constituents. LaRue proposes that breach of trust, not rule of law, should have been the focus of the discussions. Such a metaphor would have been less legalistic, closer to most Americans' true concerns. It would have created a more wide-ranging debate that better encompassed the crucial issues that surrounded Watergate—one that spoke for our determination as a people to resist tyrants who threaten our democracy.