What is law? What is it for? How should judges decide novel cases when the statutes and earlier decisions provide no clear answer? Do judges make up new law in such cases, or is there some higher law in which they discover the correct answer? Must everyone always obey the law? If not, when is a citizen morally free to disobey?A renowned philosopher enters the debate surrounding these questions. Clearly and forcefully, Ronald Dworkin argues against the âeoerulingâe theory in Anglo-American lawâe"legal positivism and economic utilitarianismâe"and asserts that individuals have legal rights beyond those explicitly laid down and that they have political and moral rights against the state that are prior to the welfare of the majority.Mr. Dworkin criticizes in detail the legal positivistsâe(tm) theory of legal rights, particularly H.L.A. Hartâe(tm)s well-known version of it. He then develops a new theory of adjudication, and applies it to the central and politically important issue of cases in which the Supreme Court interprets and applies the Constitution. Through an analysis of John Rawlsâe(tm)s theory of justice, he argues that fundamental among political rights is the right of each individual to the equal respect and concern of those who govern him. He offers a theory of compliance with the law designed not simply to answer theoretical questions about civil disobedience, but to function as a guide for citizens and officials. Finally, Professor Dworkin considers the right to liberty, often thought to rival and even pre-empt the fundamental right to equality. He argues that distinct individual liberties do exist, but that they derive, not from some abstract right to liberty as such, but from the right to equal concern and respect itself. He thus denies that liberty and equality are conflicting ideals.Ronald Dworkinâe(tm)s theory of law and the moral conception of individual rights that underlies it have already made him one of the most influential philosophers working in this area. This is the first publication of these ideas in book form.
Summarizes important legal cases dealing with the Constitution, judicial power, war powers, federalism, taxes, state economic regulation, due process, and executive power
Morris also sees that the great risks associated with selective incapacitation ... and Hain , 1982 ) ; Wright Williams and Kent S. Miller , “ The Role of Personal Characteristics in Perceptions of Dangerousness , " Criminal Justice and ...
See Ball , Rosen , Flueck , and Nurco , “ Lifetime Criminality of Heroin Addicts ” ; Ball , Shaffer , and Nurco , “ The Day - to - Day Criminality ” ; John W . Shaffer , David N . Nurco , and Timothy W . Kinlock , " A New Classification ...
A Reference Guide Donald E. Lively. stitution's meaning . ... The president's disappointment in Warren was not entirely warranted and was certainly not a basis for claimed betrayal . Eisenhower had nominated Warren as chief justice less ...
[iv/v] ISBN: 978-1-5791-1164-9 (eBook) Library of Congress Cataloging-in-Publication Data Andersen, Roger W. Skills & values—trusts and estates / Roger W. Andersen, Karen E. Boxx. p. cm. ISBN 978-1-4224-2698-2 (softbound) 1.
See , e.g. , Sterling v . Interlake Indus . , Inc. , 154 F.R.D. 579 , 587 ( E.D.N.Y. 1994 ) . However , where a party's failure to disclose experts is inexcusable , courts will take the " drastic remedy ” to exclude the experts .
Robson , R. ( 1992 ) . Lesbian ( out ) law : Survival under the rule of law . New York : Firebrand Books Publications . Schilt , R. , G.W. Lie , and M. Montague ( 1990 ) . Substance use as a correlate of violence in intimate lesbian ...
Collected Courses of the Academy of European Law
(Carl Heymann) 2004 KNOEPFLER François / SCHWEIZER Philippe / OTHENIN-GIRARD Simon, Droit internationalprivé suisse, 3e éd., Berne (Staempfli) 2005 KOCH Harald / MAGNUS Ulrich / WINKLER VON MOHRENFELS Peter, IPR und Rechtsvergleichung ...
Collison , Cathy , 23 Colwell , Alan , 197 Coulson , Noel J. , 104 , 108 , 120 , 156 Cunneen , Chris , 299–302 D ... 122 , 139 , 237 Davidson , Robert , 245–47 del Frate , Anna Alvazzi , 38 Deloria , Vine Jr. , 94 Devine , F. E. , 13-15 ...