Allan Beever lays the foundation for a timely philosophical and empirical study of the nature of law with a detailed examination of the structure of evolving law through declaratory speech acts. This engaging book demonstrates both how law itself is achieved and also its ability to generate rights, duties, obligations, permissions and powers.
PATRICKNERHOT Since the two operations overlap each other so much, speaking about fact and interpretation in legal science separately would undoubtedly be highly artificial. To speak about fact in law already brings in the operation we call interpretation. EquaHy, to speak about interpretation is to deal with the method of identifying reality and therefore, in large part, to enter the area of the question of fact. By way of example, Bemard Jackson's text, which we have placed in section 11 of the first part of this volume, could no doubt just as weH have found a horne in section I. This work is aimed at analyzing this interpretation of the operation of identifying fact on the one hand and identifying the meaning of a text on the other. All philosophies of law recognize themselves in the analysis they propose for this interpretation, and we too shall seek in this volume to fumish a few elements of use for this analysis. We wish however to make it clear that our endeavour is addressed not only to legal philosophers: the nature of the interpretive act in legal science is a matter of interest to the legal practitioner too. He will find in these pages, we believe, elements that will serve hirn in rcflcction on his daily work.
The third edition of Comparative Law: Law, Reality and Society does not deal with conventional comparative law. Rules and structures of one system are not set out against those of another for contrast. Rather, rules particular or general, are examined to explain why they are as they are, and how they came to be. The author does not accept that to a great extent law reflects society or the power of the ruling elite. Chapter one serves as both introduction and conclusions. The conclusions are: 1) Governments and rulers are not much interested in developing law, especially not private law, but leave this to others to whom they do not grant power to make law; 2) Even famous lawmakers are seldom interested in a particular social issue in law or in giving law certainty; 3) Borrowing, even mindless, is the name of the legal game. Chapters range from grand legislation (the Ten Commandments and Napoleon's code civil) to unrecognized law in action and daily life (Jesus and the Samaritan woman, Jesus and the adulteress, the claim that Julius Caesar descended from a slave). Other chapters deal with judges' passivity in giving needlessly a judgment they claimed was unjust, to deciding against the judge's own theoretical and practical position (Somerset's Case). Likewise stressed is the difficulty of developing law fit for the society, and of understanding foreign legal thinking. The survival of law in different circumstances for centuries and also in a different place is emphasized. The chapters are separate entities, and the author claims that each must stand on its own merits, but he insists that if each is plausible, then together they present a very different approach to law in society from those habitually offered. About the author: Alan Watson, Professor of Law at the University of Georgia School of Law, is regarded as one of the world's foremost authorities on Roman law, comparative law, legal history, and law and religion.
Using extensive and novel new research, this book explores one of the long-standing challenges in legal education - the prospects for bringing legal theory into the training of future lawyers.
This book is mainly based on the seven Hermetic Principles of Reality and Being as described in the Hermetic text “The Kybalion: A Study of the Hermetic Philosophy of Ancient Egypt and Greece” and it could be considered its commentary. The seven Laws of Reality can be considered as the essential principles of all the western and eastern spiritual wisdom traditions and can be employed in order to realize one's real nature of Pure Being and change one’s life conditions and circumstances. In final analysis, Truth is always found to be the same whether stated in modern scientific terms or in the language of ancient religion or philosophy, the only difference being in the form of presentation, always bearing in mind that no human formula will ever be able to describe every side of it. Part one of the book describes the seven Hermetic Laws or Principles which govern Reality: the Principle of Mind, the Principle of Cause and Effect, the Principle of Vibration, the Principle of Correspondence, the Principle of Polarity (or Opposites), the Principle of Rhythm (or Cyclicity) and the Principle of Gender. Part two offers many useful methods that can be employed in order to realize one's nature of Pure Being and change one’s conditions and circumstances by working with the seven Hermetic Laws of Reality.
This edition of the work regarded as a modern classic in the field of international law corresponds to the third French edition in which the author updates his attempt "to increase the authority of international law by bringing back into it the values upon which it was founded." While this edition remains faithful to the ideas expounded in earlier versions, the author included new currents of thought in judicial practice and doctrine. These relate chiefly to the development of international organization, to the progress of codification, and to the decisions of the International Court of Justice. Originally published in 1968. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Augmented Reality (AR) is the blending of digital information in a real-world environment. A common example can be seen during any televised football game, in which information about the game is digitally overlaid on the field as the players move and position themselves. Another application is Google Glass, which enables users to see AR graphics and information about their location and surroundings on the lenses of their "digital eyewear", changing in real-time as they move about. Augmented Reality Law, Privacy, and Ethics is the first book to examine the social, legal, and ethical issues surrounding AR technology. Digital eyewear products have very recently thrust this rapidly-expanding field into the mainstream, but the technology is so much more than those devices. Industry analysts have dubbed AR the "eighth mass medium" of communications. Science fiction movies have shown us the promise of this technology for decades, and now our capabilities are finally catching up to that vision. Augmented Reality will influence society as fundamentally as the Internet itself has done, and such a powerful medium cannot help but radically affect the laws and norms that govern society. No author is as uniquely qualified to provide a big-picture forecast and guidebook for these developments as Brian Wassom. A practicing attorney, he has been writing on AR law since 2007 and has established himself as the world's foremost thought leader on the intersection of law, ethics, privacy, and AR. Augmented Reality professionals around the world follow his Augmented Legality® blog. This book collects and expands upon the best ideas expressed in that blog, and sets them in the context of a big-picture forecast of how AR is shaping all aspects of society. - Augmented reality thought-leader Brian Wassom provides you with insight into how AR is changing our world socially, ethically, and legally. - Includes current examples, case studies, and legal cases from the frontiers of AR technology. - Learn how AR is changing our world in the areas of civil rights, privacy, litigation, courtroom procedure, addition, pornography, criminal activity, patent, copyright, and free speech. - An invaluable reference guide to the impacts of this cutting-edge technology for anyone who is developing apps for it, using it, or affected by it in daily life.
This book examines the theory, law, and reality of preemption choice. The Constitution's federalist structures protect states' sovereignty but also create a powerful federal government that can preempt and thereby displace the authority of state and local governments and courts to respond to a social challenge. Despite this preemptive power, Congress and agencies have seldom preempted state power. Instead, they typically have embraced concurrent, overlapping power. Recent legislative, agency, and court actions, however, reveal an aggressive use of federal preemption, sometimes even preempting more protective state law. Preemption choice fundamentally involves issues of institutional choice and regulatory design: should federal actors displace or work in conjunction with other legal institutions? This book moves logically through each preemption choice step, ranging from underlying theory to constitutional history, to preemption doctrine, to assessment of when preemptive regimes make sense and when state regulation and common law should retain latitude for dynamism and innovation.
This book is at odds with the presuppositions behind a received view on law as a systematic solution to social problems in the name of justice. It argues that neither do facts in law represent social reality, nor do norms represent a moral ideal. Representationalism as such, in its various legal guises, is put to the test of what is called here `the interception hypothesis'. Although it is derived from the theory of literature (the theory of narrative) and corroborated by several close reading analyses of legal texts (both decisions and statutory rules), this hypothesis aims, in the first part, at providing an alternative model for the structure and the value of legal knowledge. The second part shows how this knowledge is operative in fundamental concepts like democracy, punishment and (contractual) obligation.
Virtual and augmented reality raise significant questions for law and policy. When should virtual world activities or augmented reality images count as protected First Amendment ‘speech’, and when are they instead a nuisance or trespass? When does copying them infringe intellectual property laws? When should a person (or computer) face legal consequences for allegedly harmful virtual acts? The Research Handbook on the Law of Virtual and Augmented Reality addresses these questions and others, drawing upon free speech doctrine, criminal law, issues of data protection and privacy, legal rights for increasingly intelligent avatars, and issues of jurisdiction within virtual and augmented reality worlds.