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Author: Brian M. McCall Publisher: University of Notre Dame Pess ISBN: 0268103364 Category : Law Languages : en Pages : 475
Book Description
This book argues that classical natural law jurisprudence provides a superior answer to the questions “What is law?” and “How should law be made?” rather than those provided by legal positivism and “new” natural law theories. What is law? How should law be made? Using St. Thomas Aquinas’s analogy of God as an architect, Brian McCall argues that classical natural law jurisprudence provides an answer to these questions far superior to those provided by legal positivism or the “new” natural law theories. The Architecture of Law explores the metaphor of law as an architectural building project, with eternal law as the foundation, natural law as the frame, divine law as the guidance provided by the architect, and human law as the provider of the defining details and ornamentation. Classical jurisprudence is presented as a synthesis of the work of the greatest minds of antiquity and the medieval period, including Cicero, Aristotle, Gratian, Augustine, and Aquinas; the significant texts of each receive detailed exposition in these pages. Along with McCall’s development of the architectural image, he raises a question that becomes a running theme throughout the book: To what extent does one need to know God to accept and understand natural law jurisprudence, given its foundational premise that all authority comes from God? The separation of the study of law from knowledge of theology and morality, McCall argues, only results in the impoverishment of our understanding of law. He concludes that they must be reunited in order for jurisprudence to flourish. This book will appeal to academics, students in law, philosophy, and theology, and to all those interested in legal or political philosophy.
Author: Brian M. McCall Publisher: University of Notre Dame Pess ISBN: 0268103364 Category : Law Languages : en Pages : 475
Book Description
This book argues that classical natural law jurisprudence provides a superior answer to the questions “What is law?” and “How should law be made?” rather than those provided by legal positivism and “new” natural law theories. What is law? How should law be made? Using St. Thomas Aquinas’s analogy of God as an architect, Brian McCall argues that classical natural law jurisprudence provides an answer to these questions far superior to those provided by legal positivism or the “new” natural law theories. The Architecture of Law explores the metaphor of law as an architectural building project, with eternal law as the foundation, natural law as the frame, divine law as the guidance provided by the architect, and human law as the provider of the defining details and ornamentation. Classical jurisprudence is presented as a synthesis of the work of the greatest minds of antiquity and the medieval period, including Cicero, Aristotle, Gratian, Augustine, and Aquinas; the significant texts of each receive detailed exposition in these pages. Along with McCall’s development of the architectural image, he raises a question that becomes a running theme throughout the book: To what extent does one need to know God to accept and understand natural law jurisprudence, given its foundational premise that all authority comes from God? The separation of the study of law from knowledge of theology and morality, McCall argues, only results in the impoverishment of our understanding of law. He concludes that they must be reunited in order for jurisprudence to flourish. This book will appeal to academics, students in law, philosophy, and theology, and to all those interested in legal or political philosophy.
Author: Linda Mulcahy Publisher: Routledge ISBN: 1136862196 Category : Architecture Languages : en Pages : 221
Book Description
Legal Architecture addresses how the environment of the trial can be seen as a physical expression of our relationship with ideals of justice. It provides an alternative account of the trial, which charts the troubled history of notions of due process and participation. In contrast to visions of judicial space as neutral, Linda Mulcahy argues that understanding the factors that determine the internal design of the courthouse and courtroom are crucial to a broader and more nuanced understanding of the trial. Partitioning of the courtroom into zones and the restriction of movement within it are the result of turf wars about who can legitimately participate in the legal arena and call the judiciary to account. The gradual containment of the public, the increasing amount of space allocated to advocates, and the creation of dedicated space for journalists and the jury, all have complex histories that deserve attention. But these issues are not only of historical significance. Across jurisdictions, questions are now being asked about the internal configurations of the courthouse and courtroom, and whether standard designs meet the needs of modern participatory democracies: including questions about the presence and design of the modern dock; the ways in which new technologies threaten to change the dynamics of the trial and lead to the dematerialization of our primary site of adversarial practice; and the extent to which courthouses are designed in ways which realise their professed status as public spaces. This fascinating and original reflection on legal architecture will be of interest to socio-legal or critical scholars working in the field of legal geography, legal history, criminology, legal systems, legal method, evidence, human rights and architecture.
Author: Justin Sweet Publisher: Cengage Learning ISBN: 9781111578718 Category : Technology & Engineering Languages : en Pages : 1088
Book Description
The primary focus of this text is to provide a bridge for students between the academic world and the real world. This bridge is built through an understanding of what is law, how law is created, how law affects almost every activity of human conduct, and how legal institutions operate. Intended mainly for architectural and engineering students, but increasingly for those in business schools and law schools, this text features a clear, concise, and jargon-free presentation. It probes beneath the surface of legal rules and uncovers why these rules developed as they did, outlines arguments for and against these rules, and examines how they work in practice. Updated with the most recent developments in the legal aspects of architectural, engineering, and the construction processes, this text is also a valuable reference for practitioners and has been cited in over twenty-five court decisions. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.
Author: John Wevill Publisher: Routledge ISBN: 100072669X Category : Architecture Languages : en Pages : 309
Book Description
Intensely practical and clearly written, Law in Practice: the RIBA Legal Handbook is the RIBA’s jargon-free, professional guide to the law as it relates to a construction project. It addresses all the fundamental, up-to-date issues of contemporary construction law, allowing architects to make sound judgements, avoid disputes, and run projects on a safer basis. This new edition has been fully updated to reflect the new RIBA Plan of Work 2013 – the industry’s framework for construction projects – as well as recent case law and other legal updates that the practising architect needs to be aware of. Why does an appointment need to be written? Why does language matter? What is a novation? What does an overall cap on liability mean, and how can you convince a client to agree one? How do you assess an extension of time? When should you notify your insurer of a potential claim? Law in Practice answers all of these questions and many more.
Author: Jon Wallsgrove Publisher: Paragon Publishing ISBN: 1782227024 Category : Architecture Languages : en Pages : 230
Book Description
The Architecture of Law Courts explains the history, development and function of law courts, illustrating nearly 100 court buildings with in depth studies of 37 new law courts of the 21st century, which between them have won nearly 50 national and international design awards. It is a guide for the judiciary and architects around the world on how to design excellent law courts, but is also a fascinating guide for anyone interested in architecture and in this rarely published group of public buildings.
Author: Robert F. Herrmann Publisher: W. W. Norton & Company ISBN: 0393733459 Category : Architecture Languages : en Pages : 225
Book Description
An essential reference for practitioners, emphasizing how legal concepts affect the process of bringing architectural vision to reality. Law for Architects: What You Need to Know guides design professionals through the daunting landscape where design and construction meet the legal system. It provides an introduction—written in clear, reader-friendly language—to issues that arise at every stage in the practice of architecture. For architects starting or building their own practice: Why do I need a written agreement with my clients? Why do I need insurance? How do I organize my firm? For seasoned architects considering retirement: How do I transfer ownership in my company? How can I benefit from the good will I helped to build? For students who want to learn more about the practicalities of starting out: Why is it important to have a license? Isn’t it enough to have a degree in architecture? What are my rights as an employee? It also addresses the perennial questions that concern architects: How do I protect myself from being sued? How do I protect my intellectual property rights in my work? and much more. Law for Architects identifies the legal issues that lurk in every corner of your design practice and helps you figure out what questions you need to ask.
Author: Anthony Speaight Publisher: Butterworth-Heinemann ISBN: 1483141500 Category : Law Languages : en Pages : 336
Book Description
Architect's Legal Handbook: The Law for Architects, Fifth Edition is a collection of papers including those on International Work by Architects, on European community Law affecting Architects, and the Architects' Professional Indemnity Insurance. This collection is a comprehensive guideline to laws in England, Scotland, and the European community. This handbook seeks to make architects more aware of where possible legal pitfalls may lurk. Coverage is updated to include changes in English Law, Scottish Law, English Law of Contract, the Law of Tort, Architect's Appointment and Collateral Warranties, Architects' Liability, English and Scottish Land Laws, and the Standard Building Contracts in England. The origins and sources of the laws and the basic principles are explained, which guide the reader into how these are applied in the architects' relations with their clients and clients; contractors. A wider discussion is given on the topic of collateral warranties, incorporation options, and legal organizations such as partnerships and limited companies. Upon the formation of the European Community, institutions and treatises have arisen, so a review of technical harmonization and standards, right of establishment and freedom to provide services, product liability, and consumer protection is provided in order. The international workplace for British architects is also discussed, covering most countries in Europe. This collection of papers will prove useful for architects and engineers, especially those who want to put up their own architectural firms. The book can be likewise an informative source for architectural students, lawyers, and professors in business and commercial law.
Author: Anthony Speaight Publisher: Architectual Press ISBN: 9780750621618 Category : Architects Languages : en Pages : 0
Book Description
Judges today expect architects to possess a working knowledge of the law as it affects their work, and those unable to do so are liable to be regarded as professionally negligent. This book is intended to provide the architect with a legal grounding.
Author: Brian M. McCall
Author: Brian M. McCall
Author: Linda Mulcahy
Author: Justin Sweet
Author: John Wevill
Author: BEVERLEY M. MCLACHLIN
Author: Jon Wallsgrove
Author: Robert F. Herrmann
Author: Kathryn Horste
Author: Anthony Speaight
Author: Anthony Speaight