The Anatomy of Administrative Law

The Anatomy of Administrative Law

Author: Joanna Bell

Publisher: Bloomsbury Publishing

Published: 2020-05-28

Total Pages: 313

ISBN-13: 150992535X

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Winner of the 2022 Inner Temple New Authors Book Prize. This book seeks to further our understanding of the nature of administrative law doctrine and adjudication. It has three main aims. The first is to improve understanding of administrative law's 'anatomy' by pulling the subject apart and exploring the nature of the legal structures at play in adjudication. In doing so, the book emphasises three main ways in which administrative law's anatomy is both complex and diverse, namely: - administrative law doctrine interacts with a broad array of legislative frameworks; - administrative law adjudication seeks to accommodate a variety of legal values; and, - administrative law is concerned with legal relationships of different kinds. The second aim is to illustrate the importance of recognising the complexity and variety of administrative law's anatomy in three particular doctrinal contexts: procedural review, legitimate expectations and standing. The third and final aim is to raise an important but under-explored question: is it plausible and useful to attempt to make sense of administrative law doctrine by reference to a singular organising concept or principle? The overarching message of the book is one of cynicism. The complexity and variety of administrative law's legal structures probably means that attempts to explain the field 'monistically', while they may capture important themes, will be unhelpfully reductionist. Ambitious and thought-provoking, this is an important new statement on administrative law.


Architectures of Justice

Architectures of Justice

Author: Henrik Palmer Olsen

Publisher: Routledge

Published: 2016-05-23

Total Pages: 227

ISBN-13: 1317178904

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Law can be seen to consist not only of rules and decisions, but also of a framework of institutions providing a structure that forms the conditions of its workable existence and acceptance. In this book Olsen and Toddington conduct a philosophical exploration and critique of these conditions: what they are and how they shape our understanding of what constitutes a legal system and the role of justice within it.


Law's Imagined Republic

Law's Imagined Republic

Author: Steven Wilf

Publisher: Cambridge University Press

Published: 2010-04-19

Total Pages: 257

ISBN-13: 0521196906

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Law's Imagined Republic shows how the American Revolution was marked by the rapid proliferation of law talk across the colonies. This legal language was both elite and popular, spanned different forms of expression from words to rituals, and included simultaneously real and imagined law. Since it was employed to mobilize resistance against England, the proliferation of revolutionary legal language became intimately intertwined with politics. Drawing on a wealth of material from criminal cases, Steven Wilf reconstructs the intertextual ways Americans from the 1760s through the 1790s read law: reading one case against another and often self-consciously comparing transatlantic legal systems as they thought about how they might construct their own legal system in a new republic. What transformed extraordinary tales of crime into a political forum? How did different ways of reading or speaking about law shape our legal origins? And, ultimately, how might excavating innovative approaches to law in this formative period, which were constructed in the street as well as in the courtroom, alter our usual understanding of contemporary American legal institutions? Law's Imagined Republic tells the story of the untidy beginnings of American law.


Conversations in Philosophy, Law, and Politics

Conversations in Philosophy, Law, and Politics

Author: Ruth Chang

Publisher: Oxford University Press

Published: 2024-03-19

Total Pages: 643

ISBN-13: 0192633473

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New Conversations in Philosophy, Law, and Politics offers a new agenda for work where these three disciplines meet. It showcases three generations of scholars—from newly minted professors to some of today's most distinguished thinkers. Consisting of fifteen conversations, pairs of chapters dedicated to a single topic, the volume provides intergenerational and multidisciplinary perspectives on aspects of our social world. Each conversation comprises a first paper by a scholar who sets the topic, followed by a second paper by a scholar of a different generation, and usually a different discipline, who offers further insight or commentary. Each conversation thus provides two sets of original thoughts about a matter of lively current interest and interdisciplinary significance. Topics investigated include moral revolutions, AI and democracy, trust and the rule of law, responsibility, praise and blame, reasonableness, duty, political obligation, justice and equality, justice and intersectionality, domination, pornography, intentions in the law, and legal argumentation. Written in clear prose, the volume is accessible by philosophers, lawyers, political theorists, and beyond.


Anatomy of Injustice

Anatomy of Injustice

Author: Raymond Bonner

Publisher: Vintage

Published: 2013-01-08

Total Pages: 338

ISBN-13: 0307948544

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From Pulitzer Prize winner Raymond Bonner, the gripping story of a grievously mishandled murder case that put a twenty-three-year-old man on death row. In January 1982, an elderly white widow was found brutally murdered in the small town of Greenwood, South Carolina. Police immediately arrested Edward Lee Elmore, a semiliterate, mentally retarded black man with no previous felony record. His only connection to the victim was having cleaned her gutters and windows, but barely ninety days after the victim's body was found, he was tried, convicted, and sentenced to death. Elmore had been on death row for eleven years when a young attorney named Diana Holt first learned of his case. With the exemplary moral commitment and tenacious investigation that have distinguished his reporting career, Bonner follows Holt's battle to save Elmore's life and shows us how his case is a textbook example of what can go wrong in the American justice system. Moving, enraging, suspenseful, and enlightening, Anatomy of Injustice is a vital contribution to our nation's ongoing, increasingly important debate about inequality and the death penalty.


The Arabic Freud

The Arabic Freud

Author: Omnia El Shakry

Publisher: Princeton University Press

Published: 2017-08-29

Total Pages: 224

ISBN-13: 0691174792

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The first in-depth look at how postwar thinkers in Egypt mapped the intersections between Islamic discourses and psychoanalytic thought In 1945, psychologist Yusuf Murad introduced an Arabic term borrowed from the medieval Sufi philosopher and mystic Ibn ‘Arabi—al-la-shu‘ur—as a translation for Sigmund Freud’s concept of the unconscious. By the late 1950s, Freud’s Interpretation of Dreams had been translated into Arabic for an eager Egyptian public. In The Arabic Freud, Omnia El Shakry challenges the notion of a strict divide between psychoanalysis and Islam by tracing how postwar thinkers in Egypt blended psychoanalytic theories with concepts from classical Islamic thought in a creative encounter of ethical engagement. Drawing on scholarly writings as well as popular literature on self-healing, El Shakry provides the first in-depth examination of psychoanalysis in Egypt and reveals how a new science of psychology—or “science of the soul,” as it came to be called—was inextricably linked to Islam and mysticism. She explores how Freudian ideas of the unconscious were crucial to the formation of modern discourses of subjectivity in areas as diverse as psychology, Islamic philosophy, and the law. Founding figures of Egyptian psychoanalysis, she shows, debated the temporality of the psyche, mystical states, the sexual drive, and the Oedipus complex, while offering startling insights into the nature of psychic life, ethics, and eros. This provocative and insightful book invites us to rethink the relationship between psychoanalysis and religion in the modern era. Mapping the points of intersection between Islamic discourses and psychoanalytic thought, it illustrates how the Arabic Freud, like psychoanalysis itself, was elaborated across the space of human difference.


American Transitional Justice

American Transitional Justice

Author: Natalie R. Davidson

Publisher: Cambridge University Press

Published: 2020-07-02

Total Pages: 219

ISBN-13: 1108477704

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Explores how two landmark transnational human rights lawsuits operated as transitional justice mechanisms in the former Western bloc.


The Rule of Law in Japan

The Rule of Law in Japan

Author: Carl F. Goodman

Publisher: Kluwer Law International B.V.

Published: 2017-04-01

Total Pages: 401

ISBN-13: 9041186751

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Practitioners who deal with Japanese law have put great store by earlier editions of this major work, which systematically compares United States (US) law and Japanese law across all the major fields of legal practice. This fourth revised edition updates the work with the continuing dramatic changes in Japan’s legal system, including changes in criminal trials, disclosures to defense counsel of evidence to be used by the prosecution, the increasing use of recordings of interrogation sessions, and the impact of the indigenous movement for judicial reform. All chapters have been updated. In the fourth revised edition, which follows the same comparative structure as formerly, author Carl Goodman ̄ an internationally known authority with extensive experience in international practice, university teaching in both Japan and the US, and US government service — takes expert stock of new developments, including the following: • the Cabinet’s Declaration reinterpreting the Renunciation of War Clause in the Constitution and legislation following such reinterpretation; • interpretation of new rules for international jurisdiction of Japanese courts, including the new law’s effect on mirror image lawsuits filed in Japan; • the Supreme Court’s rulings dealing with the presumption of paternity, the waiting period for remarriage after divorce, and inheritance rights of “out of wedlock children”; • international and domestic Japanese child custody; • unanticipated consequences of criminal trials before the new mixed lay/professional panels; • debate concerning the Emperor’s announcement of his desired abdication; and • an update of Japan’s experiment with new graduate legal faculties. Although the alteration of the legal landscape in Japan is highly visible, the author does not hesitate to raise questions as to how far-reaching the changes really are. In almost every branch of the new Japanese legal practice he uncovers ways in which laws and judicial rulings are closely qualified and are likely to present challenges in any given case. He reminds the reader in each chapter that “what you see may not be what you get”. For this reason, and for its comprehensive coverage, this new edition is sure to gain new adherents as the best-informed practical guide for non-Japanese lawyers with dealings in Japan.