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Common Values and the Public-Private Divide
Author: Dawn Oliver
Publisher: Cambridge University Press
ISBN: 0406983038
Pages: 316
Year: 1999-08-01
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This text is a critical study of the public/private law divide in the common law tradition. Professor Oliver's starting point is that special substantive duties of legality, fairness and rationality are imposed by the common law on bodies discharging public functions, but not always on bodies discharging what are considered 'private' functions. She questions the validity of the traditional dichotomy, and proposes new criteria for imposing such duties in accordance with underlying values, including the control of power and respect for the individual's autonomy and dignity. Written by a leading law academic, this is an important and original contribution to public law literature, providing an informed and considered overview for legal academics and students.
Constitutional Justice
Author: T. R. S. Allan
Publisher: Oxford University Press on Demand
ISBN: 019926788X
Pages: 331
Year: 2003
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'The many virtues of Constitutional Justice are evident throughout the piece. The author should be congratulated for even attempting to construct a normative theory of liberal constitutionalism... Constitutional Justice is a work that faithfully carries on the grand tradition of normative legal thought. No small task, and Allan succeeds admirably.' -Law and Politics Book ReviewThis book offers a systematic interpretation of the ideal of the rule of law, arguing that the principles it identifies provide the foundations of a liberal democratic legal order. It explains the essential connections between a range of matters fundamental to the relationship between citizen and state, including freedoms of speech and conscience, civil disobedience, procedural fairness, administrative justice, the right of silence, and equal protection or equality before the law. The principles of public law are interpreted in the light of liberal legal and political philosophy.Readership: Scholars and students of law, philosophy, and politics
Socio-Economic Rights in South Africa
Author: Malcolm Langford, Ben Cousins, Jackie Dugard, Tshepo Madlingozi
Publisher: Cambridge University Press
ISBN: 1107021146
Pages: 472
Year: 2013-11-18
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The embrace of socio-economic rights in South Africa has featured prominently in scholarship on constitution making, legal jurisprudence and social mobilisation. But the development has attracted critics who claim that this turn to rights has not generated social transformation in practice. This book sets out to assess one part of the puzzle and asks what has been the role and impact of socio-economic strategies used by civil society actors. Focusing on a range of socio-economic rights and national trends in law and political economy, the book's authors show how socio-economic rights have influenced the development of civil society discourse and action. The evidence suggests that some strategies have achieved material and political impact but this is conditional on the nature of the claim, degree of mobilisation and alliance building, and underlying constraints.
Comparative legal systems
Author: Vincenzo Zeno-Zencovich
Publisher: RomaTrE-Press
ISBN: 8894885259
Pages: 120
Year:
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Continental Divide
Author: Seymour Martin Lipset
Publisher: Routledge
ISBN: 1136639810
Pages: 352
Year: 2013-10-11
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Seymour Martin Lipset's highly acclaimed work explores the distinctive character of American and Canadian values and institutions. Lipset draws material from a number of sources: historical accounts, critical interpretations of art, aggregate statistics and survey data, as well as studies of law, religion and government. Drawing a vivid portrait of the two countries, Continental Divide represents some of the best comparative social and political research available.
An Introduction To Law and Economics
Author: A. Mitchell Polinsky
Publisher: Wolters Kluwer Law & Business
ISBN: 1543802885
Pages: 224
Year: 2018-07-23
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Distinguished by brevity, lucid writing, and well-chosen examples, An Introduction to Law and Economics, now in its Fifth Edition, focuses on a set of core topics that include property, contracts, torts, criminal law, and litigation. Avoiding specialized jargon and mathematics, Polinsky teaches students how to think like an economist and understand legal issues from an economic perspective. New to the Fifth Edition: A streamlining of the products liability chapter A revised discussion of the redistributive effects of legal rules to reflect more recent scholarship on this topic The addition of several other refinements in the text and in new footnotes An updated bibliography Professors and students will benefit from: Solid coverage of relevant economic principles A normative approach that illustrates how to assess legal rules and policies in terms of economic and social goals Clear explanations of concepts
Populism and the Mirror of Democracy
Author: Francisco Panizza
Publisher: Verso
ISBN: 1859845231
Pages: 358
Year: 2005
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Populism raises awkward questions about modern forms of democracy. It often represents the ugly face of the people. It is neither the highest form of democracy nor its enemy. It is, rather, a mirror in which democracy may contemplate itself, warts and all, in a discovery of itself and what it lacks.This definitive collection, edited by one of the worlds pre-eminent authorities on populism, Francisco Panizza, combines theoretical essays with a number of specially commissioned case studies on populist politics in the US, Britain, Canada, Western Europe, Palestine, Latin America and South Africa. A broadly shared understanding of the nature of populism gives the book a coherence rarely found in collective works and enhances the richness of the case studies.
Red Families v. Blue Families
Author: Naomi Cahn, June Carbone
Publisher: Oxford University Press
ISBN: 0199779465
Pages: 304
Year: 2010-03-08
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Red Families v. Blue Families identifies a new family model geared for the post-industrial economy. Rooted in the urban middle class, the coasts and the "blue states" in the last three presidential elections, the Blue Family Paradigm emphasizes the importance of women's as well as men's workforce participation, egalitarian gender roles, and the delay of family formation until both parents are emotionally and financially ready. By contrast, the Red Family Paradigm--associated with the Bible Belt, the mountain west, and rural America--rejects these new family norms, viewing the change in moral and sexual values as a crisis. In this world, the prospect of teen childbirth is the necessary deterrent to premarital sex, marriage is a sacred undertaking between a man and a woman, and divorce is society's greatest moral challenge. Yet, the changing economy is rapidly eliminating the stable, blue collar jobs that have historically supported young families, and early marriage and childbearing derail the education needed to prosper. The result is that the areas of the country most committed to traditional values have the highest divorce and teen pregnancy rates, fueling greater calls to reinstill traditional values. Featuring the groundbreaking research first hailed in The New Yorker, this penetrating book will transform our understanding of contemporary American culture and law. The authors show how the Red-Blue divide goes much deeper than this value system conflict--the Red States have increasingly said "no" to Blue State legal norms, and, as a result, family law has been rent in two. The authors close with a consideration of where these different family systems still overlap, and suggest solutions that permit rebuilding support for both types of families in changing economic circumstances. Incorporating results from the 2008 election, Red Families v. Blue Families will reshape the debate surrounding the culture wars and the emergence of red and blue America.
The New Public Governance
Author: Stephen P. Osborne
Publisher: Routledge
ISBN: 1135173273
Pages: 448
Year: 2010-01-21
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The New Public Governance? represents a comprehensive analysis of the state of the art of public management and examines, opens up and frames the debate in this important area.
Hooligans in Khrushchev's Russia
Author: Brian LaPierre
Publisher: University of Wisconsin Pres
ISBN: 0299287432
Pages: 264
Year: 2012-12-10
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Swearing, drunkenness, promiscuity, playing loud music, brawling—in the Soviet Union these were not merely bad behavior, they were all forms of the crime of “hooliganism.” Defined as “rudely violating public order and expressing clear disrespect for society,” hooliganism was one of the most common and confusing crimes in the world’s first socialist state. Under its shifting, ambiguous, and elastic terms, millions of Soviet citizens were arrested and incarcerated for periods ranging from three days to five years and for everything from swearing at a wife to stabbing a complete stranger. Hooligans in Khrushchev's Russia offers the first comprehensive study of how Soviet police, prosecutors, judges, and ordinary citizens during the Khrushchev era (1953–64) understood, fought against, or embraced this catch-all category of criminality. Using a wide range of newly opened archival sources, it portrays the Khrushchev period—usually considered as a time of liberalizing reform and reduced repression—as an era of renewed harassment against a wide range of state-defined undesirables and as a time when policing and persecution were expanded to encompass the mundane aspects of everyday life. In an atmosphere of Cold War competition, foreign cultural penetration, and transatlantic anxiety over “rebels without a cause,” hooliganism emerged as a vital tool that post-Stalinist elites used to civilize their uncultured working class, confirm their embattled cultural ideals, and create the right-thinking and right-acting socialist society of their dreams.
The Law and Harry Potter
Author: Jeffrey E. Thomas, Franklin G. Snyder
Publisher:
ISBN: 1594606455
Pages: 414
Year: 2010
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This volume considers the depiction of law and legal institutions in J.K. Rowling's Harry Potter novels. It contains more than twenty chapters by legal academics from the U.S. and abroad. The chapters are organized in five sections: Legal Traditions and Institutions, Crimes and Punishments, Harry Potter and Identity, the Wizard Economy, and Harry Potter as an Archetype. Some chapters analyze the way law and legal institutions are portrayed, and what these portrayals teach us about concepts such as morality, justice, and difference. Other chapters use examples from the narratives to illustrate or analyze legal issues, such as human rights, actual innocence, and legal pedagogy. The volume is suitable for undergraduate or law school courses, and will be of interest to those Harry Potter fans who also have an interest in law and the legal profession.
Model Rules of Professional Conduct
Author: ABA Center for Professional Conduct
Publisher: American Bar Association
ISBN: 1604425172
Pages: 209
Year: 2009
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The Model Rules of Professional Conduct offers timely information on lawyer ethics. The black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules help lawyers identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the lawyer's relationship with clients, colleagues, and the courts.
ReNEUAL Model Rules on EU Administrative Procedure
Author: Paul Craig, Herwig Hofmann, Jens-Peter Schneider, Jacques Ziller
Publisher: Oxford University Press
ISBN: 0198795300
Pages: 336
Year: 2017-06-08
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This book presents Model Rules drafted by the Research Network on EU Administrative Law (ReNEUAL), together with an extended introduction. The Model Rules propose a clear and accessible legal framework through which the constitutional values of the EU can be embedded in the exercise of public authority.
Refactoring
Author: Martin Fowler, Kent Beck, John Brant, William Opdyke, Don Roberts
Publisher: Addison-Wesley
ISBN: 013306526X
Pages: 455
Year: 2012-03-09
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As the application of object technology--particularly the Java programming language--has become commonplace, a new problem has emerged to confront the software development community. Significant numbers of poorly designed programs have been created by less-experienced developers, resulting in applications that are inefficient and hard to maintain and extend. Increasingly, software system professionals are discovering just how difficult it is to work with these inherited, "non-optimal" applications. For several years, expert-level object programmers have employed a growing collection of techniques to improve the structural integrity and performance of such existing software programs. Referred to as "refactoring," these practices have remained in the domain of experts because no attempt has been made to transcribe the lore into a form that all developers could use. . .until now. In Refactoring: Improving the Design of Existing Code, renowned object technology mentor Martin Fowler breaks new ground, demystifying these master practices and demonstrating how software practitioners can realize the significant benefits of this new process. With proper training a skilled system designer can take a bad design and rework it into well-designed, robust code. In this book, Martin Fowler shows you where opportunities for refactoring typically can be found, and how to go about reworking a bad design into a good one. Each refactoring step is simple--seemingly too simple to be worth doing. Refactoring may involve moving a field from one class to another, or pulling some code out of a method to turn it into its own method, or even pushing some code up or down a hierarchy. While these individual steps may seem elementary, the cumulative effect of such small changes can radically improve the design. Refactoring is a proven way to prevent software decay. In addition to discussing the various techniques of refactoring, the author provides a detailed catalog of more than seventy proven refactorings with helpful pointers that teach you when to apply them; step-by-step instructions for applying each refactoring; and an example illustrating how the refactoring works. The illustrative examples are written in Java, but the ideas are applicable to any object-oriented programming language.
Freedom, Law and Justice
Author: Stephen Sedley
Publisher:
ISBN:
Pages: 59
Year: 1999
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Preface.