Brief for Common Law Scholars in Support of Respondents
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DOWNLOAD EBOOKAuthor: Douglas E. Edlin
Publisher: University of Michigan Press
Published: 2016-07-29
Total Pages: 281
ISBN-13: 0472130021
DOWNLOAD EBOOKMoving beyond the subjectivity-objectivity debate, Edlin presents a case for intersubjectivity
Author: G. Edward White
Publisher: Oxford University Press, USA
Published: 2003
Total Pages: 428
ISBN-13: 9780195139655
DOWNLOAD EBOOKG. Edward White's 'Tort Law in America' is regarded as a standard in the field. Concise, accessible and wide-ranging, White's work represents a major work of legal scholarship, providing an enduring intellectual history of American tort law.
Author: W. J. Waluchow
Publisher: Cambridge University Press
Published: 2006-12-25
Total Pages: 7
ISBN-13: 1139462814
DOWNLOAD EBOOKIn this study, W. J. Waluchow argues that debates between defenders and critics of constitutional bills of rights presuppose that constitutions are more or less rigid entities. Within such a conception, constitutions aspire to establish stable, fixed points of agreement and pre-commitment, which defenders consider to be possible and desirable, while critics deem impossible and undesirable. Drawing on reflections about the nature of law, constitutions, the common law, and what it is to be a democratic representative, Waluchow urges a different theory of bills of rights that is flexible and adaptable. Adopting such a theory enables one not only to answer to critics' most serious challenges, but also to appreciate the role that a bill of rights, interpreted and enforced by unelected judges, can sensibly play in a constitutional democracy.
Author: Sandra Fredman
Publisher: Oxford University Press, USA
Published: 2018
Total Pages: 513
ISBN-13: 0199689407
DOWNLOAD EBOOKCourts in different jurisdictions face similar human rights questions. Does the death penalty breach human rights? Does freedom of speech include racist speech? Is there a right to health? This book uses the prism of comparative law to examine the fascinating ways in which these difficult questions are decided. On the one hand, the shared language of human rights suggests that there should be similar solutions to comparable problems. On the other hand, there are important differences. Constitutional texts are worded differently; courts have differing relationships with the legislature; and there are divergences in socio-economic development, politics, and history. Nevertheless, there is a growing transnational conversation between courts, with cases in one jurisdiction being cited in others. Part I sets out the cross-cutting themes which shape the ways judges respond to challenging human rights issues. It examines when it is legitimate to refer to foreign materials; how universality and cultural relativity are balanced in human rights law; the appropriate role of courts in adjudicating human rights in a democracy; and the principles judges use to interpret human rights texts. The book is unusual in transcending the distinction between socio-economic rights and civil and political rights. Part II applies these cross-cutting themes to comparing human rights law in the US, UK, South Africa, Canada, and India. Its focus is on seven particularly challenging issues: the death penalty, abortion, housing, health, speech, education and religion, with the aim of inspiring further comparative examination of other pressing human rights issues.
Author: Beverley Baines
Publisher: Cambridge University Press
Published: 2005
Total Pages: 364
ISBN-13: 9780521530279
DOWNLOAD EBOOKTo explain how constitutions shape and are shaped by women's lives, the contributors examine constitutional cases pertaining to women in 12 countries, covering cases about reproductive, sexual, familial, socio-economic, and democratic rights, and focussing on women's claims to equality.
Author: United States Commission on Civil Rights
Publisher:
Published: 2007
Total Pages: 228
ISBN-13:
DOWNLOAD EBOOKA briefing before the United States Commission on Civil Rights, held in Washington, D.C., June 16, 2006.
Author: Matthew C. R. Craven
Publisher: Martinus Nijhoff Publishers
Published: 2007
Total Pages: 264
ISBN-13: 9004154817
DOWNLOAD EBOOKThis book examines theoretical and practical issues concerning the relationship between international law, time and history. Problems relating to time and history are ever-present in the work of international lawyers, whether understood in terms of the role of historic practice in the doctrine of sources, the application of the principle of inter-temporal law in dispute settlement, or in gaining a coherent insight into the role that was played by international law in past events. But very little has been written about the various different ways in which international lawyers approach or understand the past, and it is with a view to exploring the dynamics of that engagement that this book has been compiled. In its broadest sense, it is possible to identify at least three different ways in which the relationship between international law and (its) history may be conceived. The first is that of a "history of international law" written in narrative form, and mapped out in terms of a teleology of origins, development, progress or renewal. The second is that of "history in international law" and of the role history plays in arguments about law itself (for example in the construction of customary international law). The third way of understanding that relationship is in terms of "international law in history": of understanding how international law has been engaged in the creation of a history that in some senses stands outside the history of international law itself. The essays in this collection make clear that each type of engagement with history and international law interweaves various different types of historical narrative, pointing to the typically multi-layered nature of internationallawyers' engagement with the past and its importance in shaping the present and future of international law.
Author: Karl N. Llewellyn
Publisher: Quid Pro Books
Published: 2016-05-21
Total Pages: 554
ISBN-13: 1610273001
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Published: 2006
Total Pages: 300
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DOWNLOAD EBOOK"Formerly known as the International Citation Manual"--p. xv.