Legal Institutions

Author: D.W. Ruiter
Publisher: Springer Science & Business Media
ISBN: 9781402001864
Category : Law
Languages : en
Pages : 248

Book Description
Building on his contributions to institutional legal theory in Institutional Legal Facts of 1993 (Law and Philosophy Library, volume 18), the author presents a comprehensive theory of legal institutions. To that end, the initial theoretical approach, which mainly concentrated on problems connected with legal powers and legal acts (acts-in-law), is widened to allow for the development of a theory of legal judgements capable of accounting not only for enacted but also unwritten law (legal principles and customary law). With the use of the concept of institutional legal facts, the structure of legal institutions is analyzed in detail. In addition to that, a classification of legal institutions is provided. Extensive attention is given to logical, as well as doctrinal problems connected with a conception of legal validity as the mode of existence of legal conditions rather than as a value of legal norms similar to the truth of propositions. The study results in an elaborate conceptual framework for institutional analysis of positive law. In a final chapter the analytical potential of the framework is put to the test by applying it to the branch of public international law known as the `law of treaties'. Readership: Specialists in legal theory and lawyers interested in theoretical issues, particularly in linguistic approaches and questions related to the institutional nature of law.

Social Institutions and International Human Rights Law

Author: Julie Fraser
Publisher: Cambridge University Press
ISBN: 1108489575
Category : Law
Languages : en
Pages : 339

Book Description
Critiquing the State-centric and legalistic approach to implementing human rights, this book illustrates the efficacy of relying upon social institutions.

Imperfect Alternatives

Author: Neil K. Komesar
Publisher: University of Chicago Press
ISBN: 9780226450896
Category : Law
Languages : en
Pages : 304

Book Description
Major approaches to law and public policy, ranging from law and economics to the fundamental rights approach to constitutional law, are based on the belief that the identification of the correct social goals or values is the key to describing or prescribing law and public policy outcomes. In this book, Neil Komesar argues that this emphasis on goal choice ignores an essential element—institutional choice. Indeed, as important as determining our social goals is deciding which institution is best equipped to implement them—the market, the political process, or the adjucative process. Pointing out that all three institutions are massive, complex, and imperfect, Komesar develops a strategy for comparative institutional analysis that assesses variations in institutional ability. He then powerfully demonstrates the value of this analytical framework by using it to examine important contemporary issues ranging from tort reform to constitution-making.

Law and Legal Institutions of Asia

Author: E. Ann Black
Publisher: Cambridge University Press
ISBN: 1139495836
Category : Law
Languages : en
Pages : 429

Book Description
The study of Asia and its plural legal systems is of increasing significance, both within and outside Asia. Lawyers, whether in Australia, America or Europe, or working within an Asian jurisdiction, require a sound knowledge of how the law operates across this fast-growing and diverse region. Law and Legal Institutions of Asia is the first book to offer a comprehensive assessment of eleven key jurisdictions in Asia - China, Hong Kong, Taiwan, Japan, Korea, Vietnam, Malaysia, Indonesia, Brunei Darussalam, Singapore and the Philippines. Written by academics and practitioners with particular expertise in their state or territory, each chapter uses a breakthrough approach, facilitating cross-jurisdictional comparisons and giving essential insights into how law functions in different ways across the region and in each of the individual jurisdictions.

An Institutional Theory of Law

Author: N. MacCormick
Publisher: Springer Science & Business Media
ISBN: 9401577277
Category : Philosophy
Languages : en
Pages : 242

Book Description

Roman Law and Economics

Author: Giuseppe Dari-Mattiacci
Publisher: Oxford University Press, USA
ISBN: 0198787200
Category : Business & Economics
Languages : en
Pages : 368

Book Description
The economic analysis of Roman law has enormous potential to illuminate the origins of Roman legal institutions in response to changes in the economic activities that they regulated. These two volumes combine approaches from legal history and economic history with methods borrowed from economics to offer a new interdisciplinary approach.

Law and the Bible

Author: Robert F. Cochran
Publisher: InterVarsity Press
ISBN: 0830825738
Category : Religion
Languages : en
Pages : 272

Book Description
The Bible is full of law. Yet too often, Christians either pick and choose verses out of context to bolster existing positions, or assume that any moral judgment the Bible expresses should become the law of the land. Law and the Bible asks: What inspired light does the Bible shed on Christians’ participation in contemporary legal systems? It concludes that more often than not the Bible overturns our faulty assumptions and skewed commitments rather than bolsters them. In the process, God gives us greater insight into what all of life, including law, should be. Each chapter is cowritten by a legal professional and a theologian, and focuses on a key aspect of the biblical witness concerning civil or positive law--that is, law that human societies create to order their communities, implementing and enforcing it through civil government. A foundational text for legal professionals, law and prelaw students, and all who want to think in a faithfully Christian way about law and their relationship to it.

Bowett's Law of International Institutions

Author: Philippe Sands
Publisher:
ISBN: 9780421964907
Category : International agencies
Languages : en
Pages : 0

Book Description
Bowett's Law of International Institutions is the leading introduction to this complex, important and growing area of international law, with increasing significance for developments at the national level. Covering all the major global, regional and judicial institutions and all international organisations that regulate aspects of development and providing an introductory overview of the law of international organisations, including international courts and tribunals as a whole. The book offers a basic framework, insights into some of the more essential issues, and indications of where to find more detail. Bowett's is essential reading for students of international law and international relations and will also be of considerable interest to lawyers practising in the area

Non-State Justice Institutions and the Law

Author: M. Kötter
Publisher: Springer
ISBN: 1137403284
Category : Political Science
Languages : en
Pages : 262

Book Description
This book focuses on decision-making by non-state justice institutions at the interface of traditional, religious, and state laws. The authors discuss the implications of non-state justice for the rule of law, presenting case studies on traditional councils and courts in Pakistan, South Sudan, Ethiopia, Bolivia and South Africa.

The Role of Law and Legal Institutions in Asian Economic Development, 1960-1995

Author: Katharina Pistor
Publisher: Oxford University Press, USA
ISBN:
Category : Business & Economics
Languages : en
Pages : 316

Book Description
"This book suggests that, far from being irrelevant, law made an important contribution to the "East Asian miracle." The findings in the book show that, with the introduction of market-based economic policies, law and legal institutions tended to converge with economic development among the six economies and with the institutions of the West, although the extent of convergence differs from country to country and for different areas of the law."--BOOK JACKET.