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Author: Mary Arden Publisher: Oxford University Press ISBN: 0198755848 Category : Law Languages : en Pages : 328
Book Description
Law is a lasting social institution, but it must also be responsive to change. In this volume Mary Arden draws upon her experience to examine how judge-made law adapts to the evolving demands of society, how law reform works in practice, and the future of the judiciary in our diverse modern culture.
Author: Mary Arden Publisher: Oxford University Press ISBN: 0198755848 Category : Law Languages : en Pages : 328
Book Description
Law is a lasting social institution, but it must also be responsive to change. In this volume Mary Arden draws upon her experience to examine how judge-made law adapts to the evolving demands of society, how law reform works in practice, and the future of the judiciary in our diverse modern culture.
Author: P. S. Atiyah Publisher: Oxford University Press, USA ISBN: Category : Language Arts & Disciplines Languages : en Pages : 176
Book Description
The law in a modern society is a bulky and complex instrument, with a tendency to become less fixed, less rule-oriented, and more discretionary. An institution made by men for the government of men, the law today can all too readily confuse and dismay us. How and why is so much new law made? By what right does a judge order that a man be sent to jail? Why is so much law so bad, and why should we, the people, accept the laws made by those who claim the right to govern us? In this lucid, stimulating and completely updated survey which presupposes no specialist knowledge of the subject, P. S. Atiyah introduces the reader to a number of fundamental issues about the law, the legal profession, and the adjudicative process. This new edition gives greater emphasis to the effect of membership of the European Community on English law, and gives an expanded account of the European convention on Human Rights with its subsequent effects on English law. Atiyah also looks at the recent controversy over the independence of the judiciary, problems arising from the cost of legal services and legal aid, and the many appalling miscarriages of justice which have disfigured the legal system in the past decade.
Author: Roberto Mangabeira Unger Publisher: Simon and Schuster ISBN: 0029328802 Category : Law Languages : en Pages : 324
Book Description
"Law in Modern Society" is a comparative study of the place of law in societies as well as a criticism of social theory. Under what conditions do different kinds of law emerge? What are the bases of the rule of law ideal that marks advanced liberal, capitalist societies? What can the study of law teach us about social hierarchy and moral vision in these societies, and, indeed, about the specificity of Western civilization? Why do we find it necessary to struggle for the rule of law and impossible to achieve it? What political possibilities are closed or opened by present-day changes in the established styles of legality and legal thought? Unger deals with these questions in a broad range of historical settings. But he also relates them to the central issues of social theory: the method of explanation, the conditions of social order, and the nature of 'modern' society. the book argues that to resolve its own internal dilemmas the science of society must once again become both metaphysical and political.
Author: W. T. Murphy Publisher: Oxford University Press ISBN: 9780198265597 Category : Law Languages : en Pages : 292
Book Description
This original book challenges the assumption that the post-war period is hallmarked by the triumph of the rule of law. It presents a sophisticated interpretation of the true role played by law in modern society, sidestepping the usual emphasis in legal theory on normative questions. Tim Murphy approaches his subject by focusing on adjudication as a social practice and as a set of governmental techniques. From this viewpoint, he explores how the relationship between law, government and society has changed in the course of history in significant ways. In so doing, he addresses the central concerns of scholars, students, and the public in relation to the future of law.
Author: Mary Arden Publisher: Oxford University Press ISBN: 0191074004 Category : Law Languages : en Pages : 280
Book Description
Law is a lasting social institution, but it must also be open to change. How is law made, and what prompts change? How can society influence the law, and how does the law respond to societal change? The first volume of Shaping Tomorrow's Law examined human rights and European law. In this second volume Mary Arden turns her attention to domestic law, providing a judge's viewpoint on the roles of society, government, and the judiciary in the transformation and reform of the law. The first section of Common Law and Modern Society explains what we mean by judge-made law and shows how the law responds to the needs of a changing society. Adaptation may be in response to shifting values, or in response to constitutional change. This is demonstrated in chapters on assisted reproduction and assisted dying, both modern concerns, and a far older example, that of the law on water, which has been evolving over the centuries in response to society's changing demands. The law also needs to reflect constitutional change, as in the case of Welsh devolution. The second section of the book looks at the necessary simplification of the law and systematic legal reform. These tasks lie at the heart of the work of the Law Commission, which celebrated its 50th anniversary in 2015. Drawing on her own experience as former Chairman of the Law Commission, Mary Arden argues that statute law can be made simpler by codification, and that the success of codification may vary depending on the field of law. The final section looks ahead to tomorrow's judiciary. The accountability of judges is a continuing area of discussion, and this includes ensuring that the reasoning behind their decisions is understood by the relevant people. Mary Arden goes on to argue that the vision for the judiciary today and tomorrow should be one of greater diversity in the widest sense. This will help to ensure not only greater fairness and wider opportunity but also better decision-making. The book concludes with advice and encouragement for future legal professionals.
Author: David A. Strauss Publisher: Oxford University Press ISBN: 9780199752539 Category : Law Languages : en Pages : 176
Book Description
Supreme Court Justice Antonin Scalia once remarked that the theory of an evolving, "living" Constitution effectively "rendered the Constitution useless." He wanted a "dead Constitution," he joked, arguing it must be interpreted as the framers originally understood it. In The Living Constitution, leading constitutional scholar David Strauss forcefully argues against the claims of Scalia, Clarence Thomas, Robert Bork, and other "originalists," explaining in clear, jargon-free English how the Constitution can sensibly evolve, without falling into the anything-goes flexibility caricatured by opponents. The living Constitution is not an out-of-touch liberal theory, Strauss further shows, but a mainstream tradition of American jurisprudence--a common-law approach to the Constitution, rooted in the written document but also based on precedent. Each generation has contributed precedents that guide and confine judicial rulings, yet allow us to meet the demands of today, not force us to follow the commands of the long-dead Founders. Strauss explores how judicial decisions adapted the Constitution's text (and contradicted original intent) to produce some of our most profound accomplishments: the end of racial segregation, the expansion of women's rights, and the freedom of speech. By contrast, originalism suffers from fatal flaws: the impossibility of truly divining original intent, the difficulty of adapting eighteenth-century understandings to the modern world, and the pointlessness of chaining ourselves to decisions made centuries ago. David Strauss is one of our leading authorities on Constitutional law--one with practical knowledge as well, having served as Assistant Solicitor General of the United States and argued eighteen cases before the United States Supreme Court. Now he offers a profound new understanding of how the Constitution can remain vital to life in the twenty-first century.
Author: Lawrence M. Friedman Publisher: Modern Library ISBN: 0812972856 Category : History Languages : en Pages : 226
Book Description
Throughout America’s history, our laws have been a reflection of who we are, of what we value, of who has control. They embody our society’s genetic code. In the masterful hands of the subject’s greatest living historian, the story of the evolution of our laws serves to lay bare the deciding struggles over power and justice that have shaped this country from its birth pangs to the present. Law in America is a supreme example of the historian’s art, its brevity a testament to the great elegance and wit of its composition.
Author: Denis Galligan Publisher: OUP Oxford ISBN: 0191018864 Category : Law Languages : en Pages : 400
Book Description
Providing an introduction to law in modern society, D. J. Galligan considers how legal theory, and particularly H. L. A Hart's The Concept of Law, has developed the idea of law as a highly developed social system, which has a distinctive character and structure, and which shapes and influences people's behaviour. The concept of law as a distinct social phenomenon is examined through reference to, and analysis of, the work of prominent legal and social theorists, in particular M. Weber, E. Durkheim, and N. Luhmann. Galligan's approach is guided by two main ideas: that the law is a social formation with its own character and features, and that at the same time it interacts with, and is affected by, other aspects of society. In analysing these two ideas, Galligan develops a general framework for law and society within which he considers various aspects including: the nature of social rules and the concept of law as a system of rules; whether law has particular social functions and how legal orders run in parallel; the place of coercion; the characteristic form of modern law and the social conditions that support it; implementation and compliance; and what happens when laws are used to change society. Law in Modern Society encourages legal scholars to consider the law as an expression of social relations, examining the connections and tensions between the positive law of modern society and the spontaneous relations they often try to direct or change.
Author: Professor Reza Banakar Publisher: Ashgate Publishing, Ltd. ISBN: 1409497313 Category : Law Languages : en Pages : 473
Book Description
This volume offers snapshots of how rights are debated and employed in public discourse to reshape legal and political relations at the beginning of the twenty-first century. It explores how rights are used to challenge the state of affairs by individuals and groups who seek justice, and the strategies devised to defy the existing rights by those who wish to recast the social and political order. This volume discusses rights, firstly, in relation to actual events and issues faced by policy-makers, courts, international agencies, or ordinary people. These range from the demands of minority groups living in the West to freely practice their culture and/or religion, to the threat of terrorism, the regulation of asylum rights, the investor's rights to disclosure and the rights of artists to freedom of expression. Secondly, rights discourse is examined in relation to attempts to redefine the form and content of rights, for example, by banning the right to wear religious symbols in public institutions or detaining terrorism suspects without trial. Thirdly, rights discourse is explored in connection with the attempts to develop new notions of rights, such as 'human security', which can more effectively respond to the challenges of late modern societies. Finally, the statuses of rights in sociological theory and socio-legal research are briefly discussed and analysed.
Author: Mary Arden
Author: Mary Arden
Author: P. S. Atiyah
Author: Roberto Mangabeira Unger
Author: W. T. Murphy
Author: Mary Arden
Author: Theodore Frank Thomas Plucknett
Author: David A. Strauss
Author: Lawrence M. Friedman
Author: Denis Galligan
Author: Professor Reza Banakar