The Methodology of Maurice Hauriou

Legal, Sociological, Philosophical

Author: Christopher B. Gray

Publisher: Rodopi

ISBN: 9042030070

Category: Law

Page: 242

View: 9618

This book shows that Hauriou¿s positivist and pragmatic jurisprudence and social theory, as well as their application to the study of institutions, is satisfactorily supported by his idealistic philosophy. The nine chapters first locate Hauriou¿s influences, then situate his disciplinary methodologies within methodology in general. The central chapters concern each of the three methodologies in turn.

Tradition in Social Science

Author: Maurice Hauriou

Publisher: Rodopi

ISBN: 9401207046

Category: Social Science

Page: 303

View: 4821

Tradition in Social Science is the social philosophy written early in life by the jurisprudent who became the preeminent public law jurist in France in the first quarter of the twentieth century, Maurice Hauriou. His work remains prominent in theorizing European Community as well as in Latin American jurisprudence. His studies concern three areas of research: legal theory, social science, and philosophy. In this book Hauriou first focuses on the object and method of the social sciences in a preliminary chapter. The main text is devoted first to a philosophy of history that uses the growth objectively in fraternity, liberty and equality as the criterion for progress, and next to the subjective elements of progress, namely, the recognition of a OC pessimistic individualismOCO in which failure in conduct is to be expected, but is rectified by social institutions. This part closes with the dynamizing of his philosophy of history by evolution and alternation between two phases of social development, namely, middle ages and renaissances. The second part is the philosophy of social science built around social matter, where the dynamic of imitation is the motive force, and three social networksOCopositive, religious, and metaphysicalOCospecify its consequences. The last of these, the political fabric, is provided with a final chapter of its own. The main doctrinal device that Hauriou developed for use in law was his theory of the institution, this is developed for the first time in the present work."

The Natural Law

A Study in Legal and Social History and Philosophy

Author: Heinrich Albert Rommen

Publisher: N.A

ISBN: 9780865971615

Category: Law

Page: 278

View: 5623

Originally published in German in 1936, The Natural Law is the first work to clarify the differences between traditional natural law as represented in the writings of Cicero, Aquinas, and Hooker and the revolutionary doctrines of natural rights espoused by Hobbes, Locke, and Rousseau. Beginning with the legacies of Greek and Roman life and thought, Rommen traces the natural law tradition to its displacement by legal positivism and concludes with what the author calls "the reappearance" of natural law thought in more recent times. In seven chapters each Rommen explores "The History of the Idea of Natural Law" and "The Philosophy and Content of the Natural Law." In his introduction, Russell Hittinger places Rommen's work in the context of contemporary debate on the relevance of natural law to philosophical inquiry and constitutional interpretation. Heinrich Rommen (1897–1967) taught in Germany and England before concluding his distinguished scholarly career at Georgetown University. Russell Hittinger is William K. Warren Professor of Catholic Studies and Research Professor of Law at the University of Tulsa.

The Ideal Element in Law

Author: Roscoe Pound

Publisher: N.A

ISBN: 9780865973251

Category: Law

Page: 432

View: 1451

Roscoe Pound, former dean of Harvard Law School, delivered a series of lectures at the University of Calcutta in 1948. In these lectures, he criticized virtually every modern mode of interpreting the law because he believed the administration of justice had lost its grounding and recourse to enduring ideals. Now published in the U.S. for the first time, Pound's lectures are collected in Liberty Fund's The Ideal Element in Law, Pound's most important contribution to the relationship between law and liberty. The Ideal Element in Law was a radical book for its time and is just as meaningful today as when Pound's lectures were first delivered. Pound's view of the welfare state as a means of expanding government power over the individual speaks to the front-page issues of the new millennium as clearly as it did to America in the mid-twentieth century. Pound argues that the theme of justice grounded in enduring ideals is critical for America. He views American courts as relying on sociological theories, political ends, or other objectives, and in so doing, divorcing the practice of law from the rule of law and the rule of law from the enduring ideal of law itself. Roscoe Pound is universally recognized as one of the most important legal minds of the early twentieth century. Considered by many to be the dean of American jurisprudence, Pound was a former Justice of the Supreme Court of Nebraska and served as dean of Harvard Law School from 1916 to 1936. Please note: This title is available as an ebook for purchase on Amazon, Barnes and Noble, and iTunes.

Law as Institutional Normative Order

Author: Dr Maksymilian Del Mar,Professor Zenon Bankowski

Publisher: Ashgate Publishing, Ltd.

ISBN: 1409496627

Category: Law

Page: 216

View: 1490

MacCormick's `Institutions of Law' is the culmination of a lifetime's work in legal theory by one of the world's most respected legal theorists. Featuring an impressive collection of contributions from well-known legal theorists from around the world, all of whom are familiar with MacCormick’s work, this collection provides a cutting edge account of the book’s significance.

Rational Individualism

The Perennial Philosophy of Legal Interpretation

Author: Roger Simonds

Publisher: Rodopi

ISBN: 9789051837506

Category: Law

Page: 298

View: 1274

This book is a study of the theory of legal interpretation that underlies the legal systems of Europe, England, and the United States. The principles of interpretive jurisprudence are traced through Greek and Latin philosophers and legal theorists and Renaissance Italian glossators and commentators. In addressing human nature, these principles have a self-sustaining logical integrity. They are defensible as a worthy tradition of legal respect for the value of the individual.

Transnational Legality

Stateless Law and International Arbitration

Author: Thomas Schultz,Thomas Schultz (Lawyer)

Publisher: Oxford University Press

ISBN: 0199641951

Category: Law

Page: 205

View: 5210

International law can be created by other means than treaties between states. This book investigates the philosophical questions posed by the treatment of international arbitration as law, such as those relating to sovereignty and territoriality, and sets out conditions which international arbitration must meet in order to form legitimate law.

Appeal to the People's Court

Rethinking Law, Judging, and Punishment

Author: Vincent Luizzi

Publisher: Value Inquiry Book Series / St

ISBN: 9789004363854

Category: Law

Page: 160

View: 8265

In Appeal to the People's Court: Rethinking Law, Judging, and Punishment, Vincent Luizzi turns to the goings on in courts at the lowest level of adjudication for fresh insights for rethinking these basic features of the legal order.

Encyclopedia of Law and Society

American and Global Perspectives

Author: David Scott Clark

Publisher: SAGE

ISBN: 076192387X

Category: Comparative law

Page: 76

View: 8430


Thinking About Social Policy

The German Tradition

Author: Franz-Xaver Kaufmann

Publisher: Springer Science & Business Media

ISBN: 3642195016

Category: Political Science

Page: 166

View: 3155

The book traces the political history of the concept of social policy. „Social policy“ originated in Germany in the mid 19th century as a scholarly term that made a career in politics. The term became more prominent only after World War II. Kaufmann, the doyen of the sociology of social policy in Germany, argues that „social policy“ responds to the modern disjunction between “state” and “society” diagnosed by the German philosopher Hegel. Hegel’s disciple Lorenz von Stein saw social policy as a means to pacify the capitalist class conflict. After World War II, social policy expanded in an unprecedented way, changing its character in the process. Social policy turned from class politics into a policy for the whole population, with new concepts – like "social security", "redistribution" and "quality of life" - and new overarching formulas, "social market economy" and "social state" (the German version of “welfare state”). Both formulas have remained indeterminate and contested, indicating the inherent openness of the idea of the “social”.

The Rule of Law History, Theory and Criticism

Author: Pietro Costa,Danilo Zolo

Publisher: Springer Science & Business Media

ISBN: 9781402057458

Category: Law

Page: 700

View: 3015

Authors Costa and Zolo share the conviction that a proper understanding of the rule of law today requires reference to a global problematic horizon. This book offers some relevant guides for orienting the reader through a political and legal debate where the rule of law (and the doctrine of human rights) is a concept both controversial and significant at the national and international levels.

Constitutionalism and the Separation of Powers

Author: M. J. C. Vile

Publisher: N.A

ISBN: 9780865971752

Category: Law

Page: 455

View: 4129

Arguably no political principle has been more central than the separation of powers to the evolution of constitutional governance in Western democracies. In the definitive work on the subject, M. J. C. Vile traces the history of the doctrine from its rise during the English Civil War, through its development in the eighteenth century—when it was indispensable to the founders of the American republic—through subsequent political thought and constitution-making in Britain, France, and the United States. The author concludes with an examination of criticisms of the doctrine by both behavioralists and centralizers—and with "A Model of a Theory of Constitutionalism." The new Liberty Fund second edition includes the entirety of the original 1967 text published by Oxford, a major epilogue entitled "The Separation of Powers and the Administrative State," and a bibliography. M. J. C. Vile is Professor of Politics at the University of Kent at Canterbury and author also of The Structure of American Federalism.

Global Community

Global Security

Author: Randall E. Osborne,Paul Kriese

Publisher: Rodopi

ISBN: 9042024925

Category: Philosophy

Page: 342

View: 7332

Global security cannot be achieved until people view the world as a global community. Until such time, differences will continue to be perceived as threatening. These perceived ¿threats¿ are the primary threat to global security. This volume proposes methods for minimizing the ¿us versus them¿ mentality so that we can build a sense of global community. Contents Vincent LUIZZI: Editorial Foreword Preface Richard T. HULL, Randall E. OSBORNE, Paul KRIESE: Introduction Universal Justice and Global Security Matthew CROSSTON : Introduction to Part One Laura MEDER: Global Security: Needed: A New Definition for a New Century Matthew CROSSTON: Fighting Terror and Spreading Democracy: When Theory and Practice Collide Matthew CROSSTON: Wrap-up of Part One Self versus Other; ¿Us¿ versus ¿Them¿ Karen LOMBARDI: Introduction to Part Two Randall E. OSBORNE, Paul KRIESE, Stan FRIEDMAN: Love and Hate as Moral Imperatives: Religious Paradox as a Challenge to Global Security Anré VENTER: Self versus Other; ¿Us¿ versus ¿Them¿: The Self as Basis for Conflict Karen LOMBARDI: The Psychology of Group Membership and Alienation: Projective Identification and the Other Terri A. KARIS: The Psychology of Whiteness: Moving beyond Separation to Connection Kevin C. M. BENSON: Deterring Terror Karen LOMBARDI: Wrap-up of Part Two Moving toward an Inclusive Worldview C. Dominik GÜSS: Introduction to Part Three Sanaa Mounir SADEK: A ¿Non-Media¿ Look at the Middle East: Enhancing Global Security through Exposure and Understanding John M. DAVIS: International Perspectives on Social Justice: Essentials for the Effort Toward Global Security C.Dominik GÜSS, Teresa TUASON, Vanessa TEIXEIRA: A Cultural-Psychological Theory of Suicide Terrorism and What to Do about Suicide Terrorism C. Dominik GÜSS: Wrap-up of Part Three Diverse Strategies for Expanding Perspectives on Global Community Elizabeth Leigh CRALLEY, Brian Richard WETZLER: Introduction to Part Four Richard FRIZZELL: Proposed Strategies for Integration of Military and Civilian Agencies in the War on Terrorism within the United States and its Territories Elizabeth Leigh CRALLEY, Brian Richard WETZLER: From Cooperative Intergroup Contact to Personal Motivation: A Social Psychological Perspective on Promoting a More Inclusive Worldview Vicente L. LOPES, Vincent LUIZZI : Participatory Sustainability: Building Sustainability for Complexity and Change Stephen PALEY, George K. OISTER, Richard T. HULL: Human Sustainability: Overview of Survival Technologies and Impediments to Their Development and Deployment Jorge M. VALADEZ: Adaptation, Sustainability, and Justice Elizabeth Leigh CRALLEY, Brian Richard WETZLER : Wrap-up of Part Four Joseph J. CALIFANO: An Exploratory Essay on Justice, Security, and Genuine Peace Elizabeth D. BOEPPLE: Epilogue Works Cited About the Contributors Index

Unconstitutional Constitutional Amendments

The Limits of Amendment Powers

Author: Yaniv Roznai

Publisher: Oxford University Press

ISBN: 0198768796


Page: 368

View: 8220

Can constitutional amendments be unconstitutional? The problem of 'unconstitutional constitutional amendments' has become one of the most widely debated issues in comparative constitutional theory, constitutional design, and constitutional adjudication. This book describes and analyses the increasing tendency in global constitutionalism substantively to limit formal changes to constitutions. The challenges of constitutional unamendability to constitutional theory become even more complex when constitutional courts enforce such limitations through substantive judicial review of amendments, often resulting in the declaration that these constitutional amendments are 'unconstitutional'. Combining historical comparisons, constitutional theory, and a wide comparative study, Yaniv Roznai sets out to explain what the nature of amendment power is, what its limitations are, and what the role of constitutional courts is and should be when enforcing limitations on constitutional amendments.

Persons and Immortality

Author: Kenneth A. Bryson

Publisher: Rodopi

ISBN: 9789042004856

Category: Religion

Page: 208

View: 3908

This book casts the argument for personal immortality into new light as the outcome of systems processes rather than human nature. Personal immortality is the output of becoming human rather than of being human. If this is the case, then God must be seen to enter into personal relationships with us: a view that current science supports.

Introduction to Public Law

A Comparative Study

Author: Elisabeth Zoller

Publisher: Martinus Nijhoff Publishers

ISBN: 9047440471

Category: Law

Page: 290

View: 8526

Introduction to Public Law offers a new approach to public law, defined as the law of the public good, by drawing on historical and comparative analysis of England, France, Germany and the United States.

The Crisis of Parliamentary Democracy

Author: Carl Schmitt,Ellen Kennedy

Publisher: MIT Press

ISBN: 9780262691260

Category: Philosophy

Page: 132

View: 9969

The Crisis of Parliamentary Democracy offers a powerful criticism of the inconsistencies of representative democracy.