Legality

Author: Scott J. Shapiro

Publisher: Harvard University Press

ISBN: 0674058917

Category: Law

Page: 488

View: 5625

Legality is a profound work in analytical jurisprudence, the branch of legal philosophy which deals with metaphysical questions about the law. In the twentieth century, there have been two major approaches to the nature of law. The first and most prominent is legal positivism, which draws a sharp distinction between law as it is and law as it might be or ought to be. The second are theories that view law as embedded in a moral framework. Scott Shapiro is a positivist, but one who tries to bridge the differences between the two approaches. In Legality, he shows how law can be thought of as a set of plans to achieve complex human goals. His new “planning” theory of law is a way to solve the “possibility problem”, which is the problem of how law can be authoritative without referring to higher laws.

Legitimacy and Legality in International Law

An Interactional Account

Author: Jutta Brunnée,Stephen J. Toope

Publisher: Cambridge University Press

ISBN: 1139491474

Category: Law

Page: N.A

View: 2207

It has never been more important to understand how international law enables and constrains international politics. By drawing together the legal theory of Lon Fuller and the insights of constructivist international relations scholars, this book articulates a pragmatic view of how international obligation is created and maintained. First, legal norms can only arise in the context of social norms based on shared understandings. Second, internal features of law, or 'criteria of legality', are crucial to law's ability to promote adherence, to inspire 'fidelity'. Third, legal norms are built, maintained or destroyed through a continuing practice of legality. Through case studies of the climate change regime, the anti-torture norm, and the prohibition on the use of force, it is shown that these three elements produce a distinctive legal legitimacy and a sense of commitment among those to whom law is addressed.

Killer Robots

Legality and Ethicality of Autonomous Weapons

Author: Armin Krishnan

Publisher: Routledge

ISBN: 1317109120

Category: Political Science

Page: 216

View: 8408

Military robots and other, potentially autonomous robotic systems such as unmanned combat air vehicles (UCAVs) and unmanned ground vehicles (UGVs) could soon be introduced to the battlefield. Look further into the future and we may see autonomous micro- and nanorobots armed and deployed in swarms of thousands or even millions. This growing automation of warfare may come to represent a major discontinuity in the history of warfare: humans will first be removed from the battlefield and may one day even be largely excluded from the decision cycle in future high-tech and high-speed robotic warfare. Although the current technological issues will no doubt be overcome, the greatest obstacles to automated weapons on the battlefield are likely to be legal and ethical concerns. Armin Krishnan explores the technological, legal and ethical issues connected to combat robotics, examining both the opportunities and limitations of autonomous weapons. He also proposes solutions to the future regulation of military robotics through international law.

Limits of Legality

The Ethics of Lawless Judging

Author: Jeffrey Brand-Ballard

Publisher: Oxford University Press, USA

ISBN: 0195342291

Category: Law

Page: 354

View: 1618

Combining ethical theory with discussions of caselaw, Jeffrey Brand-Ballard challenges arguments for the traditional view, including arguments from the fact that judges swear oaths to uphold the law, and arguments from our duty to obey the law, among others.

Politics, Postmodernity and Critical Legal Studies

The Legality of the Contingent

Author: Costas Douzinas,Peter Goodrich,Yifat Hachamovitch

Publisher: Routledge

ISBN: 1134883579

Category: Social Science

Page: 240

View: 3636

This timely and assured book provides a unique guide to critical legal studies which is one of the most exciting developments within contemporary jurisprudence. It is the first book to systematically apply a critical philosophy to the substance of common law. The book develops a coruscating and interdisciplinary overview of the politics and cultural significance of the institutions of the law.

The Eclipse of the Legality Principle in the European Union

Author: Leonard F. M. Besselink,Frans Pennings,Sacha Prechal

Publisher: Kluwer Law International B.V.

ISBN: 9041132627

Category: Law

Page: 312

View: 2628

Legality is a traditional normative concept to regulate the relationship between those in power and those subjected to that power. The principle of legality protects the citizen against the arbitrary use of power, or, more precisely, it demands a legal basis (which itself must be of a certain standard) to legitimize State action. Is legality under siege in Europe? The authors contributing to this provocative and important book answer this question in the affirmative. Twenty-one outstanding European legal scholars expose a spectrum of ways in which the traditional legality principle is under pressure because of the creation of new legal orders, including that of the EU, and the interaction between these new orders and that of the State, combined with such factors as expertise driven governance, difficulties of international organizations to meet their objectives due to a lack of adequate powers, and lack of parliamentary control. The question of whether the main functions of legality - legitimating, attributing and regulating the exercise of public authority - are still fulfilled in the context of the overlapping, interacting, and mutually dependent legal orders of the EU, the ECHR, and the Member States is at the background of all the essays in this volume. Recognizing that legality, if it is to survive, demands rigorous reconsideration of its scope and application, the authors interrogate not only such fundamental democratic issues as who has legitimate power to perform legislative acts and through these to exercise of public power over citizens, but also such urgent European problems as the following: ; the use of the precautionary principle in EU decision-making; the scope of the principle that the exercise of public authority must rest on an act of Parliament; the extent to which the EU can provide a legal basis for action of Member State authorities in the absence of such a basis within Member State legal orders; the constitutional position of independent 'regulators'; the requirements that ECJ and ECHR case law impose on the exercise of public authority; whether legislative results are coherent in the sensitive area of equal treatment; transparency, legal certainty, enforceability, and implementation of EC Directives in the field of workers' involvement; new instruments as the Open Method of Coordination and the involvement of social partners in decision-making; the de facto harmonization of national criminal justice systems; and the prominent role of the EU in the field of data protection. There can be little doubt that the issue of legality and to whom it applies - in a world in which the role of the modern State is changing profoundly - is a crucial one. It is highly important in the context of the ongoing discussion on the meaning of democracy and citizenship. This volume, with its clear message that reconsidering legality demands taking serious issue with the uncertainty engendered by the processes of globalization, will resonate profoundly among practitioners and policymakers in this time of momentous change.

A Modern Treatise on the Principle of Legality in Criminal Law

Author: Gabriel Hallevy

Publisher: Springer Science & Business Media

ISBN: 9783642137143

Category: Law

Page: 199

View: 8144

This book is a scientific treatise on the principle of legality in criminal law. It explores the relation between the principle of legality and the general theory of criminal law and contains definite rules emphasized for practitioners as well as academia.

Legality and Community

On the Intellectual Legacy of Philip Selznick

Author: Philip Selznick,Robert A. Kagan,Martin Krygier

Publisher: Rowman & Littlefield

ISBN: 9780742516250

Category: Social Science

Page: 415

View: 4543

Bridging sociology, legal and social theory and moral philosophy, this volume explores the significance of Philip Selznick's work in a variety of social contexts, particularly the search for responsive law and governance, humane institutions and a balance between freedom and communal life.

Human Rights Related Trade Measures Under International Law

The Legality of Trade Measures Imposed in Response to Violations of Human Rights Obligations Under General International Law

Author: Anthony Cassimatis

Publisher: Martinus Nijhoff Publishers

ISBN: 9004163425

Category: Political Science

Page: 474

View: 6804

When does international law allow a State or group of States to adopt trade measures in order to "coerce" another State to comply with its international obligations to ensure respect for human rights? In answering this question this book draws together complex areas of international law which include the rules prohibiting interference in the internal affairs of sovereign States, the rules regulating extra-territorial exercises of jurisdiction, the law of State responsibility and the international legal rules requiring the protection of human rights and regulating international trade. The literature on "Trade "and" ..." issues invariably focuses on a limited number of these areas, or approaches the issues from an international relations or economic perspective. This book will assist specialists in international human rights law and international trade law, academic and government lawyers who advise on or implement international trade policy and those studying the use of human rights related trade measures.

Legality and Legitimacy

Author: Carl Schmitt

Publisher: Duke University Press

ISBN: 9780822331742

Category: Law

Page: 166

View: 5705

DIVFirst English-language translation of one of Schmitt’s major works, providing a missing link in the oeuvre of this influential and controversial political theorist./div

Cultures of Legality

Judicialization and Political Activism in Latin America

Author: Javier Couso,Alexandra Huneeus,Rachel Sieder

Publisher: Cambridge University Press

ISBN: 0521767237

Category: Law

Page: 287

View: 1075

Ideas about law are undergoing dramatic change in Latin America. The consolidation of democracy as the predominant form of government and the proliferation of transnational legal instruments have ushered in an era of new legal conceptions and practices. Law has become a core focus of political movements and policy-making. This volume explores the changing legal ideas and practices that accompany, cause, and are a consequence of the judicialization of politics in Latin America. It is the product of a three-year international research effort, sponsored by the Law and Society Association, the Latin American Studies Association, and the Ford Foundation, that gathered leading and emerging scholars of Latin American courts from across disciplines and across continents.

Legality and Legitimacy in Global Affairs

Author: Richard Falk,Mark Juergensmeyer,Vesselin Popovski

Publisher: OUP USA

ISBN: 0199781583

Category: History

Page: 459

View: 3535

This book focuses on the problematic relationship between legality and legitimacy when a nation (or nations) intervene in the work of other nations. Bringing together a wide range of contributors with a broad set of cases that consider when such intervention is legitimate even if it isn't legal--and vice versa--the chapters cover humanitarian intervention, nuclear nonproliferation, military intervention, international criminal tribunals, interventions driven by environmental concerns, and the export of democracy. By focusing on a diverse array of cases, this volume establishes a clear framework for judging the legitimacy of such actions.

Legality and Locality

The Role of Law in Central-local Government Relations

Author: Martin Loughlin

Publisher: Oxford University Press

ISBN: 9780198260158

Category: Political Science

Page: 427

View: 1922

This work traces the main dimensions of the relationship between central and local government, concentrating upon the role played by law in shaping that relationship. It demonstrates how the issues raised are linked to the system of parliamentary democracy, and to the tradition of public law.

Producing Legality

Law and Socialism in Cuba

Author: Marjorie Zatz

Publisher: Routledge

ISBN: 1136651829

Category: Political Science

Page: 320

View: 8659

Producing Legality provides a window into the official construction of socialist legality in Cuba and the dissemination of this legal consciousness throughout the country. It links abstract theories of lawmaking and the state with the specific dilemmas confronting individual policymakers to detail the inner workings of the Cuban legal order.

Unjust Legality

A Critique of Habermas's Philosophy of Law

Author: James L. Marsh

Publisher: Rowman & Littlefield

ISBN: 9780742512610

Category: Law

Page: 203

View: 5840

This book is an interpretation and critique of Habermas's philosophy as contained in his book, Between Facts and Norms. The main argument is that while Habermas does succeed in laying out foundations, conceptual and methodological, for the philosophy of law, the book is flawed by a fundamental contradiction between a democracy ruled by law and capitalism. Visit our website for sample chapters!

Hans Kelsen's Pure Theory of Law

Legality and Legitimacy

Author: Lars Vinx

Publisher: Oxford University Press, USA

ISBN: 0199227950

Category: Law

Page: 230

View: 5857

By showing how Kelsen's theory of law works alongside his political philosophy, the book shows the Pure Theory to be part of a wider attempt to understand how political power can be legitimately exercised in pluralist societies.

The Legality of Threat Or Use of Nuclear Weapons

A Guide to the Historic Opinion of the International Court of Justice

Author: John Burroughs

Publisher: LIT Verlag Münster

ISBN: 9783825835163

Category: Law

Page: 169

View: 4145

" ""The threat or use of nuclear weapons would generally be contrary to the rules of international law applicable in armed conflict, and in particular the principles and rules of humanitarian law ... There exists an obligation to pursue in good faith and bring to a conclusion negotiations leading to nuclear disarmament in all its aspects under strict and effective international control."" - Advisory Opinion of the International Court of Justice, 8 July 1996 ""This book shows how courageous states from the developing world, working in concert with visionary lawyers, physicians and other sectors of international civil society, boldly obtained astonishing results from the highest court in the world. The World Court clearly ruled that the threat or use of nuclear weapons is illegal in almost all conceivable circumstances. The Court further underlined the unconditional obligation of the nuclear weapon states to begin and conclude negotiations on nuclear disarmament in all its aspects. It is now up to all of us to determine the follow-up, whatever the opposition. We cannot end this century without clear commitments and steps to eliminate nuclear weapons."" - Razali Ismail, Permanent Representative of Malaysia to the United Nations, President of the United Nations General Assembly, 1996-1997 ""It is not often that a judicial opinion on a given question is both hailed and criticized by participants on all sides of the question. This book, written by a leading member of the team that helped to prepare the case on the illegality of the threat and use of nuclear weapons, explains succinctly what the World Court, and the judges in their separate statements, did and did not say. In so doing, it makes a compelling case for the proposition that the Opinion represents a milestone on the road to nuclear abolition."" - Peter Weiss, Co-President, International Association of Lawyers Against Nuclear Arms The 20th century has been defined in large part by the unleashing of the terrible destructive power of the atom, and the subsequent struggle to overcome the threat of nuclear annihilation. If humankind survives, the 8 July 1996 Advisory Opinion of the International Court of Justice, and the extraordinary process that led up to it, will have played an essential role. The (Il)legality of the Threat or Use of Nuclear Weapons is a concise yet thorough guide to the case. In straightforward language, it describes the history of this unprecedented initiative and summarizes and explains states' arguments to the Court, the Court's findings, and the separate statements of the judges. The author provides cogent expert analysis and, most importantly, reveals how the opinion imparts hope and points the way to the future: "" The Court has authoritatively interpreted law which states acknowledge they must follow, including humanitarian law protecting civilians from indiscriminate effects of warfare, the United Nations Charter, and the Nuclear Non-Proliferation Treaty. The implications are profound: abandonment of reliance on the threat and use of nuclear weapons as an instrument of national policy, and expeditious elimination of nuclear arsenals. The opinion can be cited as an authoritative statement of the law in any political or legal setting - including the United Nations and national courts and parliaments - in which nuclear weapon policies are challenged."" John Burroughs, an attorney for the Western States Legal Foundation in California, served as the legal coordinator for the World Court Project/International Association of Lawyers Against Nuclear Arms at the November 1995 hearings before the International Court of Justice. "

Sovereignty, Emergency, Legality

Author: Austin Sarat

Publisher: Cambridge University Press

ISBN: 1139483773

Category: Law

Page: N.A

View: 1970

It is widely recognized that times of national emergency put legality to its greatest test. In such times we rely on sovereign power to rescue us, to hold the danger at bay. Yet that power can and often does threaten the values of legality itself. Sovereignty, Emergency, Legality examines law's complex relationship to sovereign power and emergency conditions. It puts today's responses to emergency in historical and institutional context, reminding readers of the continuities and discontinuities in the ways emergencies are framed and understood at different times and in different situations. And, in all this, it suggests the need to be less abstract in the way we discuss sovereignty, emergency, and legality. This book concentrates on officials and the choices they make in defining, anticipating, and responding to conditions of emergency as well as the impact of their choices on embodied subjects, whether citizen or stranger.

Homicide Justified

The Legality of Killing Slaves in the United States and the Atlantic World

Author: Andrew Fede

Publisher: University of Georgia Press

ISBN: 0820351121

Category: Law

Page: 343

View: 9333

This comparative study looks at the laws concerning the murder of slaves by their masters and at how these laws were implemented. Andrew T. Fede cites a wide range of cases--across time, place, and circumstance--to illuminate legal, judicial, and other complexities surrounding this regrettably common occurrence. These laws had evolved to limit in different ways the masters' rights to severely punish and even kill their slaves while protecting valuable enslaved people, understood as "property," from wanton destruction by hirers, overseers, and poor whites who did not own slaves. To explore the conflicts of masters' rights with state and colonial laws, Fede shows how slave homicide law evolved and was enforced not only in the United States but also in ancient Roman, Visigoth, Spanish, Portuguese, French, and British jurisdictions. His comparative approach reveals how legal reforms regarding slave homicide in antebellum times, like past reforms dictated by emperors and kings, were the products of changing perceptions of the interests of the public; of the individual slave owners; and of the slave owners' families, heirs, and creditors. Although some slave murders came to be regarded as capital offenses, the laws con-sistently reinforced the second-class status of slaves. This influence, Fede concludes, flowed over into the application of law to free African Americans and would even make itself felt in the legal attitudes that underlay the Jim Crow era.