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Law in its Own Right

Author: Henrik Olsen

Publisher: Bloomsbury Publishing

Published: 2000-01-01

Total Pages: 172

ISBN-13: 1847313027

What,precisely, is the relationship between legality and morality? Does legal validity rest upon moral validity? Are legal obligations moral obligations? For some years now schools of jurisprudential Naturalism and Positivism have become increasingly ambiguous in their responses to these questions. Olsen and Toddington argue that equivocation on the central issue here - that of obligation - has brought legal theory to the point where leading legal positivists and natural lawyers no longer retain significant differences. Instead, they allege, we are left with the remnants of what has always been, philosophically, a phoney war. The authors of this lucid and refreshing analysis of the concept of law, arguing from the perspectives of social science and political philosophy, show that jurisprudence must acknowledge that the political, the moral, and the legal are located within a continuum of practical reason, and that law's 'autonomy' from morality can not entail its 'separation' from it.

How Rights Went Wrong

Author: Jamal Greene

Publisher: Houghton Mifflin

Published: 2021

Total Pages: 341

ISBN-13: 1328518116

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An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.

Law in Its Own Right

Author: Henrik Palmer Olsen

Publisher:

Published: 1999

Total Pages: 161

ISBN-13: 9781472562043

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What, precisely, is the relationship between legality and morality? Does legal validity rest upon moral validity? Are legal obligations moral obligations? For some years now schools of jurisprudential Naturalism and Positivism have become increasingly ambiguous in their responses to these questions. Olsen and Toddington argue that equivocation on the central issue here - that of obligation - has brought legal theory to the point where leading legal positivists and natural lawyers no longer retain significant differences. Instead, they allege, we are left with the remnants of what has always be.

Lawyers, Lawsuits, and Legal Rights

Author: Thomas F. Burke

Publisher: Univ of California Press

Published: 2002

Total Pages: 279

ISBN-13: 0520243234

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"Burke drills deep into America's unique culture of litigation and is rewarded with a powerful insight: it is not the public or even lawyers that are so darn litigious, but American law itself. This meticulous, dispassionate book stands not only to advance the debate but—I hope—to reshape it."—Jonathan Rauch, author of Government's End: Why Washington Stopped Working "Lawyers, Lawsuits, and Legal Rights is a fascinating study of the American penchant for public policies that rely on lawsuits to get things done. Burke's analysis is insightful and original. This book compellingly shows that litigious policies have deep roots in our Constitution, culture, and politics."—Charles Epp, author of The Rights Revolution: Lawyers, Activists, and Supreme Courts in Comparative Perspective "Burke's authoritative book demonstrates that the highly litigious American system is not an isolated anomaly but in fact fits in with deeply-rooted elements of American political culture. Where citizens of other countries rely on expert or bureaucratic judgment to resolve disputes, Americans turn to the courts. Equally novel and compelling, Lawyers, Lawsuits, and Legal Rights marshals an impressive set of evidence and delivers a refreshingly well-written look at the state of American litigation."—Frank R. Baumgartner, co-author of Agendas and Instability in American Politics

Model Rules of Professional Conduct

Author: American Bar Association. House of Delegates

Publisher: American Bar Association

Published: 2007

Total Pages: 216

ISBN-13: 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

The Right to Privacy

Author: Louis Dembitz Brandeis

Publisher: Good Press

Published: 2023-09-17

Total Pages: 43

ISBN-13:

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At the heart of 'The Right to Privacy' lies an exploration of the increasingly blurred line between the private and the public, a theme that resonates as much today as at its inception. This collection, curated with a keen eye for diversity in perspective and style, traverses the complex landscape of privacy rights in the modern world. The anthology stands out for its rigorous examination of the legal, ethical, and societal dimensions of privacy, weaving together landmark cases, pivotal essays, and critical analyses to offer a multifaceted view of privacy's evolving definition and its implications. The inclusion of foundational works such as the seminal essay by Louis Brandeis and Samuel D. Warren highlights the depth and historical significance of the discourse presented. The editors and contributors, hailing from a broad spectrum of backgrounds in law, ethics, and technology, collectively underscore the anthology's thematic coherence. Their disparate vantage points, rooted in different eras and engaging with varying aspects of privacy, illuminate the rich tapestry of legal thought and ethical considerations. This convergence of historical and contemporary views underlines the collection's alignment with significant cultural and legal shifts, reflecting society's ongoing struggle to balance personal privacy with public interest. 'The Right to Privacy' is indispensable for readers seeking to navigate the intricate and often contentious terrain of privacy rights. It promises an enlightening journey through the kaleidoscope of opinions and analyses, offering valuable insights and fostering a deeper understanding of what it means to protect personal boundaries in an increasingly open world. This anthology is a must-read for anyone invested in the pivotal debates surrounding privacy, beckoning with the allure of a comprehensive and nuanced exploration of one of the most pressing issues of our time.

United States Code

Author: United States

Publisher:

Published: 2013

Total Pages: 1506

ISBN-13:

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"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.