Jurisprudence and general issues Books

12436 products


  • Cambridge University Press Legitimacy and Law in the Roman World

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  • Cambridge University Press The Judicial Assessment of Expert Evidence

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    £118.75

  • Cambridge University Press Crime and Mentalities in Early Modern England

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  • Cambridge University Press Crime and Mentalities in Early Modern England

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  • Cambridge University Press Globalisation and Legal Theory

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  • Cambridge University Press Contract Law

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  • Cambridge University Press Lawyering Skills and the Legal Process Law in Context

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    £43.69

  • Cambridge University Press Majority Rule or Minority Will

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  • Cambridge University Press Rethinking Evidence

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  • Cambridge University Press The Least Examined Branch

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  • Cambridge University Press Can Might Make Rights

    15 in stock

    Book SynopsisThis book looks at why it's so difficult to create 'the rule of law' in post-conflict societies and shows how a narrow focus on building institutions such as courts and legislatures misses the more complex cultural issues that affect societal commitment to the values associated with the rule of law.Trade Review"Finally a single volume that coherently and intelligently examines the current wave of rule of law efforts in nation building endeavors. Its mix of theory, contemporary examples and practical guidance makes it immensely valuable to policy makers, practitioners and students a like. With refreshing candor and cognizance of the ultimate limitations of external efforts to establish the rule of law, Can Might Make Rights is nonetheless invigorating and inspiring of our ability to do this work much more effectively." --Deborah Isser, Senior Rule of Law Advisor, United States Institute of Peace"This book is an important advance in the scholarship related to transitional and post conflict issues to ensure that the rule of law is the cornerstone to a building plan in restoring a sustainable peace in a war-torn and unstable region[...]Can Might Make Rights is an honest and imminently practical resource for the policy maker, legal practitioner/advisor, and student who must understand the nuances in creating a new society or nation based on the rule of law after the shooting has stopped. This readable book helps in our understanding of the process by which we can ensure that a military intervention can produce a positive and peace-sustaining society. [...]The authors, experienced practitioners and academics, correctly focus on a synergetic approach to building the rule of law, stressing the importance of the historical and cultural context in establishing stability in the "dark corners" of the world that are used by terrorists to hide and for the beast of impunity to lurk unchecked. [...]Having been involved in military interventions or in seeking a sustainable peace after conflict all my professional life, the world is just beginning to realize that only through the rule of law will that peace be sustainable and allow for the growth of freedom and equal justice so important in the international fight on terror. I would have found this book useful in my work domestically and internationally." --David M. Crane, Distinguished Visiting Professor of Law, Syracuse University College of Law"Can Might Make Rights addresses the most difficult challenge in the realm of military interventions, whether justified or unjustified: what to do in the aftermath. Professors Stromseth, Wippman and Brooks have written the most comprehensive and impressive book examining how the rule of law is the foundation of any society's post-intervention recovery and advancement. This is a study for the policy-making and academic worlds that brilliantly offers historical perspective, contemporary insight, and invaluable guidance for the future. It would be folly to act in ignorance of what this book teaches." --Professor David Scheffer, Northwestern University School of Law and former U.S. Ambassador at Large for War Crimes Issues"Whether in Iraq or Kosovo, building rule of law after military conflict cannot be done on the cheap. This complex, critical task demands not just resources and planning, but vision and imagination. This important, readable volume offers these elements, as three talented and experienced international lawyers build on hundreds of interviews to design a synergistic, systemic framework for creating rule of law cultures in post-conflict societies." --Harold Hongju Koh, Dean of Yale Law School and Assistant Secretary of State for Democracy, Human Rights, and Labor, 1998-2001"This study includes a number of well written and highly informative chapters on the core issues surrounding implementing the rule of law in post-conflict societies. [...]One comes away from this volume understanding both the incredible challenges and complexities that face efforts to establish the rule of law in post-military conflict situations, but also a sense of empowerment due to the analytic tools that the authors provide the reader. [...]Can Might Make Rights?" represents a major contribution to codifying, in a sophisticated and compelling manner, the multiple dimensions and complexities facing rule of law efforts in post-conflict societies." --Eric Davis, Rutgers University, Perspectives on Politics"Finally: a practical guide for the rule of law development practitioner. After a baptism by frustration as a rule of law planner in Iraq, it became clear that a systemic and holistic approach with realistic expectations was required for any genuine and sustainable progress. For military planners, fighting a conventional war is easy when compared to a protracted counterinsurgency. This book, rather than claiming to have all the answers, urges the reader to ask the right questions. The authors guide the planner to a reasoned and measured approach to rule of law in a conflict zone, while pointing out that true successes are rare. Most importantly, the book correctly points out that there are no short cuts. Rule of law development requires patient, dedicated (and well funded) support to develop a culture of lawfulness. I wish this book had been available BEFORE my deployment." --Major Paul F. Meagher, Rule of Law Officer, 4th Civil Affairs Group, U.S. Marine Corps"...Can Might Make Rights, a project of the American Society of International Law, is the latest of several recent texts seeking to draw lessons out of the international community’s involvement in reconstruction efforts and is notable for its focus on such efforts as they have taken place, and are currently taking place, in the specific context of post-intervention environments...Can Might Make Rights should become part of the personal professional library of any individual involved in the planning and execution of or support to reconstruction efforts...an optimistic book, albeit also a realistic one...succeeds in being a very valuable addition to the ongoing conversation. It is a conversation that will continue by necessity, and will, one hopes, include practitioner’s handbooks that continue an interdisciplinary, interagency, and multinational approach even as they write for their specific audiences...In Can Might Make Rights, these scholars do an excellent job advancing the dialogue. --CDR R. James Orr, JAGC, USN, Deputy Legal Advisor to the North Atlantic Treaty Organization’s Headquarters, Supreme Allied Command Transformation in Norfolk, Virginia, International Judicial MonitorTable of Contents1. The new imperialism?; 2. Interventions and international law: the impact of legality and legitimacy on building the rule of law; 3. The elusive rule of law; 4. Blueprints for post-conflict governance and their impact on the rule of law; 5. Security as sine qua non; 6. The challenge of long-term justice reform; 7. Moving forward by looking backward? Accountability for atrocities and strengthening the rule of law; 8. Creating rule of law cultures; 9. Strengthening efforts to lay the groundwork for the rule of law: institutions and resources; 10. Conclusion.

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    £37.99

  • Cambridge University Press Norms and the Law

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    £31.34

  • Cambridge University Press Globalisation and the Western Legal Tradition Recurring Patterns Of Law And Authority Law in Context

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    £40.84

  • Cambridge University Press Eye for an Eye

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  • Cambridge University Press The Nature and Authority of Precedent

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    £37.99

  • Cambridge University Press Chinas Legal System New Developments New Challenges 08 The China Quarterly Special Issues Series Number 8

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    £28.49

  • Cambridge University Press Duty of Care in the Human Services

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    £69.34

  • Cambridge University Press Laws Allure

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    £24.99

  • Cambridge University Press Lionel Murphy

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  • Cambridge University Press Law and Colonial Cultures

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    £75.00

  • Cambridge University Press A Critical Introduction to Law and Literature

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    £81.69

  • Cambridge University Press Chinas Long March toward Rule of Law

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    £104.50

  • Cambridge University Press The Health of Nations

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  • Cambridge University Press Australian Constitutional Landmarks

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  • Cambridge University Press Contract Law

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    £51.30

  • Cambridge University Press Denial of Justice in International Law 17 Hersch Lauterpacht Memorial Lectures Series Number 17

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    £99.75

  • Cambridge University Press The Judicial Process

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  • Cambridge University Press Imperialism Art and Restitution

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    £95.00

  • Cambridge University Press The Least Examined Branch

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    £74.70

  • Cambridge University Press Can Might Make Rights

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    £49.40

  • Cambridge University Press The Spirit of Hindu Law

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    The Spirit of Hindu Law by Donald R.

    15 in stock

    £51.30

  • Cambridge University Press Fiscal Challenges

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    15 in stock

    £78.85

  • Cambridge University Press Transitional Amnesty in South Africa

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    £99.00

  • Cambridge University Press Regulating Vice Misguided Prohibitions and Realistic Controls

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    15 in stock

    £56.05

  • Cambridge University Press Comparative Perspectives on Revenue Law Essays in Honour of John Tiley

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    15 in stock

    £82.99

  • Cambridge University Press Laws Allure

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    £32.30

  • Cambridge University Press Bentham on Democracy Courts and Codification

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    15 in stock

    £28.49

  • Cambridge University Press Carl Schmitts Institutional Theory

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    15 in stock

    £19.99

  • Cambridge University Press Law as an Instrument

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    15 in stock

    £80.75

  • Cambridge University Press The Practice of American Constitutional Law

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    15 in stock

    £80.74

  • Cambridge University Press Legal Reasoning

    15 in stock

    Book SynopsisThe common law, which is made by courts, consists of rules that govern relations between individuals, such as torts (the law of private wrongs) and contracts. Legal Reasoning explains and analyzes the modes of reasoning utilized by the courts in making and applying common law rules. These modes include reasoning from binding precedents (prior cases that are binding on the deciding court); reasoning from authoritative although not binding sources, such as leading treatises; reasoning from analogy; reasoning from propositions of morality, policy, and experience; making exceptions; drawing distinctions; and overruling. The book further examines and explains the roles of logic, deduction, and good judgment in legal reasoning. With accessible prose and full descriptions of illustrative cases, this book is a valuable resource for anyone who wishes to get a hands-on grasp of legal reasoning.Trade Review'In Legal Reasoning, Melvin Eisenberg has produced a short but quite comprehensive and readable overview of the forms of reasoning employed by lawyers and judges, with copious examples drawn from the author's encyclopedic knowledge of the common law.' Larry Alexander, Warren Distinguished Professor, University of San Diego School of Law'Mel Eisenberg, long regarded as one of America's most distinguished jurists, has produced an illuminating overview of the Common Law. Legal Reasoning is beautifully structured, briskly argued, and gracefully illustrated with dozens of cases. The case method in tort, property, and contract sometimes gives the impression of just one damn thing after another. But Common Law really comes to life in these pages, as Professor Eisenberg makes a compelling case for reconciling principled and pragmatic considerations in the woven fabric of the law.' Jeremy Waldron, University Professor, NYU School of LawTable of ContentsPreface; 1. A brief introduction to the common law; 2. The rule-based model of legal reasoning; 3. Reasoning from precedent and the principle of stare decisis; 4. How it is determined what rule a precedent establishes; 5. Reasoning from authoritative although not legally binding legal rules; 6. The role of social morality, social policy, and empirical propositions in legal reasoning and the judicial adoption of new legal rules based on social propositions; 7. Legal rules, principles, and standards; 8. The malleability of legal rules; 9. Hiving off new legal rules, creating exceptions to established rules, and distinguishing; 10. Reasoning from analogy; 11. The roles of logic, deduction, and good judgement in legal reasoning; 12. Reasoning from hypotheticals; 13. Overruling.

    15 in stock

    £22.99

  • Cambridge University Press Legal Reasoning

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    15 in stock

    £66.49

  • Cambridge University Press The Good Chinese Lawyer

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    15 in stock

    £22.99

  • Cambridge University Press Reasons and Context in Comparative Law

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    15 in stock

    £90.25

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