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Law & Politics Civil Protection Orders: A Guide for Improving Practice
Law & Politics Tortured Justice: Using Coerced Evidence to Prosecute Terrorist Suspects
Law & Politics Tortured Justice: Using Coerced Evidence to Prosecute Terrorist Suspects
Law & Politics Intellectual Property Rights
Law & Politics Tortured Justice: Using Coerced Evidence to Prosecute Terrorist Suspects
Law & Politics Imbalance of Powers
Law & Politics Rights of the People by Melvin Urofsky
Law & Politics The ABC of European Union Law
Law & Politics Aktuelle Probleme des Wissenschaftsrechts: Arbeitstagung anlässlich der Eröffnung des Instituts für Öffentliches Recht an der Juristischen Fakultät der Georg-August-Universität Göttingen
Law & Politics Hidden Slaves: Forced Labor in the United States
Law & Politics Discover Canada: The Rights and Responsibilities of Citizenship
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Law & Politics Living and Working in Australia
Law & Politics Introduction to International Relations: Theories and Approaches
Law & Politics Modern Law of the Sea: Selected Essays
Law & Politics Information Feudalism: Who owns the Knowledge Economy ?
Law & Politics Darkness: The Rise of the Russian Criminal State
Law & Politics Going to Live in Australia by Mary Neilson, Mathew Collins
Law & Politics The Accidental Leader: What to Do When You're Suddenly in Charge
Law & Politics Smash and Grab, Conflict, Corruption, and Human Rights Abuse In the Shrimp Farming Industry
Law & Politics Tortured Justice: Using Coerced Evidence to Prosecute Terrorist Suspects
Law & Politics Tortured Justice: Using Coerced Evidence to Prosecute Terrorist Suspects
Law & Politics Intellectual Property Rights
Law & Politics Tortured Justice: Using Coerced Evidence to Prosecute Terrorist Suspects
Law & Politics Imbalance of Powers
Law & Politics Rights of the People by Melvin Urofsky
Law & Politics The ABC of European Union Law
Law & Politics Aktuelle Probleme des Wissenschaftsrechts: Arbeitstagung anlässlich der Eröffnung des Instituts für Öffentliches Recht an der Juristischen Fakultät der Georg-August-Universität Göttingen
Law & Politics Hidden Slaves: Forced Labor in the United States
Law & Politics Discover Canada: The Rights and Responsibilities of Citizenship
Law & Politics How to Retire Abroad by Roger Jones
Law & Politics Living and Working in Australia
Law & Politics Introduction to International Relations: Theories and Approaches
Law & Politics Modern Law of the Sea: Selected Essays
Law & Politics Information Feudalism: Who owns the Knowledge Economy ?
Law & Politics Darkness: The Rise of the Russian Criminal State
Law & Politics Going to Live in Australia by Mary Neilson, Mathew Collins
Law & Politics The Accidental Leader: What to Do When You're Suddenly in Charge
Law & Politics Smash and Grab, Conflict, Corruption, and Human Rights Abuse In the Shrimp Farming Industry
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Law & Politics Lyrics: Constitutionalism and Legal Reasoning (Law and Philosophy Library)
Posted on 2010-04-14
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Author: Massimo La Torre
Publisher: Springer (2007) Binding: Hardcover, 190 pages pricer: $119.00 ISBN-10: 1402055943 editorialreviews This is a search of a model for a humane law - where the cruelty ban is still in force. This book however is not intended as an utopian enterprise; the humane law which is looked for is not for the future, nor is it meant as a reform project, or as a programme for new institutions to come. Here the contention is that positive law is better understood, if it is not too easily equated with power, force, or command. Law - it is shown - is more a matter of discourse and deliberation, than of sheer decision or of power relations. Constitutionalism, legal argumentation, legal ethics - three fundamental moments of our daily experience with the law - are there to witness that this view may be left. Now a "constitutional" view of the law and its practice and the connected discoursive approach to legal reasoning can offer interesting solutions also to legal ethics. If we take legal reasoning seriously, and conceive it in a "liberal" way comprising both lawyers and judges, so that adjudication is both a task for advocates and judges, the requirement of separation of powers on the one side is already full of implications for lawyers' deontology: the role of a lawyer will not be allowed to encroach with the one fulfilled by the statesman. On the other side, the claim of rightness intrinsic in legal discourse cannot avoided by lawyers. So that they could no longer be seen as defenders of clients' interests, but of their rights. And rights are claims to be left. Thus the requirement of justice, or better a certain threshold imposed on the tolerable injustice of the legal claim raised, will be inescapable not only for the judge, but to the lawyer as well. The general idea of this book may unfortunately run counter recent developments in the international arena and more generally in the less palpable Zeitgeist. It might well be that, like Hegel's owl that takes flight at sunset, a conceptual pattern is set forth while the corresponding institutional practice is beginning to die out. failed failed
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