The Authority of Law

The Authority of Law

Author: Joseph Raz

Publisher: Oxford University Press, USA

ISBN: STANFORD:36105134555866

Category: Law

Page: 364

View: 889

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Raz begins by presenting an analysis of the concept of moral authority. He then develops a detailed explanation of the nature of law and legal systems. Within this framework Raz then examines the areas of legal thought that have been viewed as impregnated with moral values.

The Authority of Law in the Hebrew Bible and Early Judaism

The Authority of Law in the Hebrew Bible and Early Judaism

Author: Jonathan Vroom

Publisher: BRILL

ISBN: 9789004381643

Category: Religion

Page: 263

View: 242

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In The Authority of Law in the Hebrew Bible and Early Judaism, Vroom tracks the emergence of legal obligation in early Judaism. He draws from legal theory to develop a means of identifying instances in which ancient interpreters treated a legal text as a source of binding obligation.

The Authority of International Law

The Authority of International Law

Author: Basak Çali

Publisher: Oxford University Press

ISBN: 9780191508189

Category: Law

Page: 190

View: 445

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The question of the authority of international law over domestic authorities and the duties of state officials to international law are fundamental concerns in international law theory and practice. The Authority of International Law: Obedience, Respect, and Rebuttal addresses these concerns by reviewing the present accounts of authority in international law constructing the authority of international law as imposing three different layers of duties on domestic officials: the duty to obey, the duty to respect and the duty to rebut, carefully setting out the duties owed by domestic political and legal authorities towards international law. This book provides an original account of the authority of international law, one that is not tied to prior state consent or domestic constitutional frameworks. It offers a nuance account, arguing that whether or not international law is obeyed within any given situation depends on the type of duty it imposes on the state, and that duties normative force. There is no black and white framework in which international law always trumps domestic law or vice versa. Instead, Cali presents a realistic account of when international law has absolute authority, and when it can afford a margin of appreciation to states. The Authority of International Law: Obedience, Respect, and Rebuttal contributes to existing debates on the authority of international law through considering the gap between consent-based jurisprudential theories of authority and self-interest and identity-based theories of compliance; looking at the importation of often highly demanding concepts of authority and legitimacy from standard domestic political and legal theory, to identify the shortcomings of the authority of international law; and by considering monism, dualism, and normative pluralism as theories for addressing authority competition between domestic legal orders and international law.

The Authority of EU Law

The Authority of EU Law

Author: Wolfgang Heusel

Publisher: Springer

ISBN: 9783662588413

Category: Law

Page: 396

View: 508

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This book analyses the supposed erosion of the authority of EU law from various perspectives: legislation, jurisprudence of national supreme and constitutional courts, enforcement of Single Market rules, of EMU rules and of the rule of law. It discusses the interdependence between the perceived legitimacy of the European project and respect for the authority of EU law.

Reform and Development of Powers and Functions of China's Criminal Proceedings

Reform and Development of Powers and Functions of China's Criminal Proceedings

Author: Weidong Chen

Publisher: Springer Nature

ISBN: 9789811584312

Category: Law

Page: 551

View: 926

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This book addresses the basic theory of criminal procedure in China, together with recent reforms. Balancing the powers of public security and judicial organs with the rights of individual citizens, it assesses the nature of Chinese criminal proceedings. In the basic theoretical research section, the author, drawing on the latest findings from the legal community, systematically and comprehensively presents the current trends, main research topics and the main problems that should be explored in future research into criminal procedure law in China; further, the author explains the basic thinking behind the revision of criminal procedure law, and the allocation of judicial resources in criminal procedure and criminal justice. The policy, basic theory and operation problems of judicial power, procuratorial power, police power, defense power and judicial reform are subsequently explained and evaluated. The general writing style used is intentionally straightforward, making the book easily accessible for the readers. Based on the author’s substantial working experience in the area of criminal law, it offers a highly intuitive reading experience.

Torah

Torah

Author: William M. Schniedewind

Publisher: SBL Press

ISBN: 9781628375046

Category: Religion

Page: 570

View: 902

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The present volume explores the ever-evolving understandings and diverse manifestations of the Hebrew notion of torah in early Jewish and Christian literature and the different roles torah played within those communities, whether in Judea or in the Hellenistic and early Roman diaspora. This collection of essays is purposefully wide-ranging, with contributors exploring and rethinking some of the most basic scholarly assumptions and preconceptions about the nature of torah in light of new critical approaches and methodologies with the goal of seeing how different vantage points and different conclusions can better address the complexity of the topic and better reflect the ambiguity and fluidity inherent in the concept of torah itself. Contributors include Gabriele Boccaccini, Francis Borchardt, Calum Carmichael, Federico Dal Bo, Lutz Doering, Oliver Dyma, Paula Fredriksen, Robert G. Hall, Magnar Kartveit, Anne Kreps, David Lambert, Michael Legaspi, Jason A. Myers, Juan Carlos Ossandón Widow, Anders Klostergaard Petersen, Patrick Pouchelle, Jeremy Punt, Michael L. Satlow, Joachim Schaper, William Schniedewind, Elisa Uusimäki, Jacqueline Vayntrub, Jonathan Vroom, James W. Watts, Benjamin G. Wright III, and Jason M. Zurawski.

Law, Love and Freedom

Law, Love and Freedom

Author: Joshua Neoh

Publisher: Cambridge University Press

ISBN: 9781108427654

Category: Law

Page: 221

View: 145

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Moving from monasticism to constitutionalism, and from antinomianism to anarchism, this book reveals law's connection with love and freedom.

Debating Political Reform in China

Debating Political Reform in China

Author: Suisheng Zhao

Publisher: Routledge

ISBN: 9781317473299

Category: Business & Economics

Page: 368

View: 806

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The growing disconnect between China's market-oriented economy with its emerging civil society, and the brittle, anacronistic, and authoritarian state has given rise to intense discussion and debate about political reform, not only by Western observers, but also among Chinese intellectuals. While some expect China's political reform to lead to democratization, others have proposed to strengthen the institution of single-party rule and provide it with a solid legal base. This book brings the ongoing debate to life and explores the options for political reform. Offering the perspectives of both Western and Chinese scholars, it presents the controversial argument for building a consultive rule of law regime as an alternative to liberal democracy. It provides several critiques of this thesis, and then tests the thesis through empirical studies on the development of the rule of law in China.

FASNY Fire Service Laws of the State of New York 2022 Edition

FASNY Fire Service Laws of the State of New York 2022 Edition

Author: LexisNexis Editorial Staff

Publisher: LexisNexis

ISBN: 9781663315991

Category: Law

Page:

View: 268

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Produced in cooperation with the Firemen’s Association of the State of New York, this all-in-one reference guide combines Fire and Emergency Services related Statutes, Rules, and Regulations. Fire Service Laws of the State of New York gathers a diverse and wide-ranging area of law covering penal law, environmental conservation, municipal law, insurance law, and much more. A topically arranged index allows you to find the law you need in seconds.

Dimensions of Normativity

Dimensions of Normativity

Author: David Plunkett

Publisher: Oxford University Press

ISBN: 9780190640422

Category: Law

Page: 384

View: 215

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Understood one way, the branch of contemporary philosophical ethics that goes by the label "metaethics" concerns certain second-order questions about ethics-questions not in ethics, but rather ones about our thought and talk about ethics, and how the ethical facts (insofar as there are any) fit into reality. Analogously, the branch of contemporary philosophy of law that is often called "general jurisprudence" deals with certain second order questions about law- questions not in the law, but rather ones about our thought and talk about the law, and how legal facts (insofar as there are any) fit into reality. Put more roughly (and using an alternative spatial metaphor), metaethics concerns a range of foundational questions about ethics, whereas general jurisprudence concerns analogous questions about law. As these characterizations suggest, the two sub-disciplines have much in common, and could be thought to run parallel to each other. Yet, the connections between the two are currently mostly ignored by philosophers, or at least under-scrutinized. The new essays collected in this book are aimed at changing this state of affairs. Dimensions of Normativity collects together works by metaethicists and legal philosophers that address a number of issues that are of common interest, with the goal of accomplishing a new rapprochement between the two sub-disciplines.