Challenging the prevailing understanding of the authority of law, Daniel Mark offers a theory of moral obligation that is rooted both in command and in the law's orientation to the common good. When and why do we have an obligation to obey the law? Prevailing theories in the philosophy of law, starting with the work of H. L. A. Hart and Joseph ......
An Introduction to Natural Law Jurisprudence in American ConstitutionalHistory
In Freedom's Anchor, famed legal commentator Judge Andrew P. Napolitano makes the case for using natural law principles to restrain government. Going back to Aristotle, Augustine, and Aquinas, Judge Napolitano identifies the origins of Natural Law Theory and explains its growth and development in English and American law. He argues compellingly ......
Prospects for a Dialogue with Contemporary Legal Theory
This book proposes a rather novel legal-philosophical approach to understanding the intersection between law and morality. It does so by analyzing the conditions for the existence of a juridical domain of natural law from the perspective of the tradition of Thomistic juridical realism. In order to highlight the need to reconnect with this ......
One of the secrets within the legal profession is that the stories behind the cases matter more than the legal doctrines involved. A full understanding of legal disputes requires knowing about the cultural and historical context in which the cases arise. In Backstories in the Law: Tales of Victors, Villains and Victims, distinguished law professor ......
''Democracy and the Rule of Law is based upon a 2000 conference, jointly sponsored by the Law Library of Congress and the New York University School of Law. It features over 40 essays exploring the crucial dynamic between the concepts of democracy and the rule of law. This book is valuable to students and scholars interested in the spread of democracy in many parts of the world. It also shows how different countries with contrasting legal traditions commonly confront major problems under their constitutions. ''''The essays focus on significant comparative and international legal and political issues, including: ''''Transnational justice and national sovereignty ''Natural resources and the environment ''The role of women ''Political status and democracy in multi-ethnic and multi-racial states ''Law and accountability ''Religion and culture. ''''''Eminent U.S. and foreign scholars and dignitaries, including judges, university professors, politicians, and high-ranking government administrators, serve as contributors. ''
"Mythologies," writes veteran human rights lawyer Michael Tigar, "are structures of words and images that portray people, institutions, and events in ways that mask an underlying reality."
Research on juries once served as a pillar of psychological scholarship, but publication of such research has slowed considerably in recent years. In an attempt to reinvigorate scholarship on this important topic, this volume summarizes what is known about the psychology of juries and makes a strong call to arms for more research.
Challenging the Assumptions of Intellectual Property
Behind the scenes of the many artists and innovators flourishing beyond the bounds of intellectual property laws Intellectual property law, or IP law, is based on certain assumptions about creative behavior. The case for regulation assumes that creators have a fundamental legal right to prevent copying, and without this right they will ......
Challenging the Assumptions of Intellectual Property
Behind the scenes of the many artists and innovators flourishing beyond the bounds of intellectual property laws Intellectual property law, or IP law, is based on certain assumptions about creative behavior. The case for regulation assumes that creators have a fundamental legal right to prevent copying, and without this right they will ......
