Law for Society: Nature, Functions, and Limits offers an illuminating conceptual framework that looks at five basic legal instruments with which the law addresses the problems and goals of society. For any Introduction to Law course or as secondary reading in political science, criminal justice, or general studies, Law for Society breaks down the very concept of "law" to answer the questions: What is law? How does law work? What can law do and not do? The book addresses the nature of law, its problem-solving functions, and the limits on what law can accomplish.
Author: Niklas Luhmann,Klaus A. Ziegert,Fatima Kastner
Publisher: Oxford University Press on Demand
In this volume, Niklas Luhmann, the leading exponent of systems theory, explores its implications for our understanding of law. The volume provides a rigorous application to law of a theory that offers profound insights into the relationships between law and other aspects of contemporary society, including politics, the economy, the media, education, and religion.Readership: Academics and students of sociology, law, philosophy, and legal philosophy.
J. Scott Harr,Kären M. Hess,Christine H. Orthmann,Jonathon Kingsbury
Author: J. Scott Harr,Kären M. Hess,Christine H. Orthmann,Jonathon Kingsbury
Publisher: Cengage Learning
Unrivaled in its simplicity and skill-building pedagogy, Harr, Hess, Orthmann, and Kingsbury's text thoroughly explains the complexities of the U.S. Constitution and the criminal justice system. The text avoids legalese and is packed with real-world examples. Its pedagogical framework helps readers develop a solid understanding of key issues and concepts, and more than 200 plainly written, summarized cases introduce pertinent cases in a non-intimidating manner. The text devotes considerable time to the Fourth and Fifth Amendments, exploring their application to such issues as reasonable search and seizure, double jeopardy, and testifying against oneself. CONSTITUTIONAL LAW AND THE CRIMINAL JUSTICE SYSTEM, 7th Edition includes expanded discussions of the First and Second Amendments as well as cutting-edge coverage of immigration, terrorism and homeland security, electronic surveillance and the use of drones, use of force, and searches of cell phones and other digital evidence. What’s more, the MindTap that accompanies this text helps students practice and master techniques and key concepts while engaging them with career-based decision-making scenarios, visual summaries, and more. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.
The relationship between law and religion has traditionally been analysed according to two basic paradigms. One has focused on the relationship between religious communities and the State (the Church/State paradigm), while the other has concentrated on the relationship between the State and the individual (the liberal-individualist or civil liberties paradigm). This book enriches the analysis of law and religion in society by emphasising a third and complementary analytical dimension involving the relationship between religious communities and religious individuals. In particular, the contributors explore the various facets of the multiple tensions that exist in the legal relationships between religious organisations, State and adherents in the period leading up to the third Christian millennium. Against the background of the complex and sometimes contradictory responses of religious organisations and the State to the Human Rights Act, this interdisciplinary collection draws on contributions from leading scholars active in the field of religious rights and the interaction of law and religion based in the UK, USA, Canada, New Zealand and elsewhere, and makes a timely and significant contribution to international debates in a variety of academic disciplines. Contributors explore international concerns over religious liberty, focusing particularly on the boundaries of ethnicity and religious community, the status of the 'established' Churches in the UK, and the proper place for religious organisations under generally applicable legal regimes of non-discrimination. Themes discussed are closely related to wider interests within legal and socio-legal studies involving gender, discrimination, equality, community and the nature and limits of individualism and individual legal rights.
Clermont's Territorial Jurisdiction and Venue paints the theoretical background and lays out the doctrine explaining the subject's practical importance and how it works. Introduces international and comparative aspects, as well as a firm reminder of where the law on forum fits into the structure of our own legal system. Coverage extends from the history of the law to its application in cyberspace. In brief, this book provides the theory, doctrine, and practice of territorial jurisdiction and venue.
By examining a portion of private law in imperial Rome as a functioning element in social life, this book constitutes an important contribution to the sociological understanding of law in premodern societies. Using archaeological data as well as literary and legal texts, Bruce Frier shows that members of the upper class, including senatorial families, lived in rented apartments and that the Roman law of urban lease was designed mainly for them, not for the lower class. Originally published in 1980. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Professor Jenkins develops a systematic theory of the origins, the ends, and the functions of law. He then applies this theory to the problems that law encounters and the conditions that it must satisfy if it is to be an effective force in society. Originally published in 1980. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
The greatest possible honor for an international lawyer is to be invited to deliver the Hague Academy General Course in International Law. Rosalyn Higgins was so honored and this volume is the revised text of the lectures she delivered there. Its purpose is to show that there is an essential and unavoidable choice to be made between the perception of international law as either a system of neutral rules or as a system of decision-making directed towards the attainment of specific declared values. This book focuses on resolving this in addition to many other difficult and unanswered issues in contemporary international law. The topics she addresses include human rights, allocating competence, self determination, and the individual use of force in international law. This accessible volume will be particularly useful to scholars and students of international law who seek a better understanding of the subject and desire to see how the great web of inter-related concepts which comprise international law are held together as a coherent and cohesive whole.
Tavistock Press was established as a co-operative venture between the Tavistock Institute and Routledge & Kegan Paul (RKP) in the 1950s to produce a series of major contributions across the social sciences. This volume is part of a 2001 reissue of a selection of those important works which have since gone out of print, or are difficult to locate. Published by Routledge, 112 volumes in total are being brought together under the name The International Behavioural and Social Sciences Library: Classics from the Tavistock Press. Reproduced here in facsimile, this volume was originally published in 1980 and is available individually. The collection is also available in a number of themed mini-sets of between 5 and 13 volumes, or as a complete collection.
"The Limits of Liberty is concerned mainly with two topics. One is an attempt to construct a new contractarian theory of the state, and the other deals with its legitimate limits. The latter is a matter of great practical importance and is of no small significance from the standpoint of political philosophy."—Scott Gordon, Journal of Political Economy James Buchanan offers a strikingly innovative approach to a pervasive problem of social philosophy. The problem is one of the classic paradoxes concerning man's freedom in society: in order to protect individual freedom, the state must restrict each person's right to act. Employing the techniques of modern economic analysis, Professor Buchanan reveals the conceptual basis of an individual's social rights by examining the evolution and development of these rights out of presocial conditions.
Richard H. Field,Benjamin Kaplan,Kevin M. Clermont
Author: Richard H. Field,Benjamin Kaplan,Kevin M. Clermont
Publisher: Foundation Press
The most respected casebook on the subject, this sophisticated classic provides a fairly detailed overview and then in-depth coverage of the major problem areas, giving law students a solid and complete grounding. Retaining prior editions' range and depth of coverage, while undergoing a thorough rewriting to make it ever more smooth and logical, The tenth edition covers such major new cases as Tombly and Iqbal, and it fully incorporates the new rules of December 2009.
Presents new insights into recent changes in China's legal framework in areas crucial to the modernisation process. Topics include law reform to accommodate foreign interests and convert China to a market economy, the judicial system and its treatment of human rights issues, the introduction of non-tariff barriers for foreign companies, and the current privatisation process.
Through lucid theoretical analysis and his own extensive experience in these areas, he demonstrates that the outcomes of rationally conceived programs are usually at odds with the intended result. Eisenberg traces this failure to an intrinsic logical incompatibility between what reason tries to do and what it can do. Rational method is premised on the possibility of conceiving and correlating all operative factors in a given process. However, all such factors cannot be taken into account. Using a social variation of the "principle of indeterminancy," the author notes that reason cannot take itself into account any more than the eye can see itself seeing or the hand can grasp itself grasping. Similarly, reason cannot control how institutional structure affects social behavior, nor how legal language determines social reality. Eisenberg locates an intrinsic indeterminacy in society that precludes total or even substantial understanding and control of our destinies
French political libertarian and economist CLAUDE FRDRIC BASTIAT (1801-1850) was one of the most eloquent champions of the concept that property rights and individual freedoms flowed from natural law. Here, in this 1850 classic, a powerful refutation of Karl Marx's Communist Manifesto, published two years earlier, Bastiat discusses: . what is law? . why socialism constitutes legal plunder . the proper function of the law . the law and morality . "the vicious circle of socialism" . the basis for stable government . and more.