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'Law Books in Action: Essays on the Anglo-American Legal Treatise' explores the history of the legal treatise in the common law world. Rather than looking at treatises as shortcuts from 'law in books' to 'law in action', the essays in this collection ask what treatises can tell us about what troubled legal professionals at a given time, what motivated them to write what they did, and what they hoped to achieve. This book, then, is the first study of the legal treatise as a 'law book in action', an active text produced by individuals with ideas about what they wanted the law to be, not a mere stepping-stone to codes and other forms of legal writing, but a multifaceted genre of legal literature in its own right, practical and fanciful, dogmatic and ornamental in turn. This book will be of interest to legal scholars, lawyers and judges, as well as to anyone else with a scholarly interest in law in general, and legal history in particular.
This text is designed for law students and for courses in legal studies programs. The reader deals in depth with the relationship between the legal system and its surrounding society, including such classic issues as the social sources of law and the impact of legal rules and institutions on society. Other chapters examine the role of judges and lawyers in the system and how culture and historical tradition help mold the legal systems of various societies. The book contains six chapters, each containing classic and contemporary readings on these subjects, with extensive notes and questions to guide the student.
In print for the first time in over ten years, Act and Crime provides a unified account of the theory of action presupposed by both Anglo-American criminal law and the morality that underlies it. The book defends the view that human actions are always volitionally caused bodily movements andnothing else. The theory is used to illuminate three major problems in the drafting and the interpretation of criminal codes: 1) what the voluntary act requirement both does and should require; 2) what complex descriptions of actions prohitbited by criminal codes both do and should require (inaddition to the doing of a voluntary act); and 3) when two actions are 'the same' for purposes of assessing whether multiple prosecutions and multiple punishments are warranted. The book both contributes to the development of a coherent theory of action in philosophy, and it provides bothlegislators and judgees (and the lawyers who argue to both) a grounding in three of the most basic elelments of criminal liability.
Ethnomethodologists and Conversation Analysts have always been interested in the study of law and legal institutions and there is now a large body of empirical studies, representing a range of analytic traditions in each field. This collection introduces this literature and the research questions pursued by ethnomethodologists and conversation analysts, in an accessible form to a general audience in the inter-disciplinary field of law and society studies.
This book assembles the world's most authoritative specialists for a comparative analysis of the enforcement of corporate and securities laws in thirteen national jurisdictions. It examines the enforcement of corporate and securities laws across the globe and across different legal and political systems from an in-depth comparative perspective.
The Law in Action in Democratic Athens is the first extensive study of the importance of the rule of law in Athenian democracy.
There is a law of healing so plain that even a child can understand it, so fundamental that the ablest mind has never yet thought through all the facts and phenomena of life that rest upon it. It is the purpose of this book to make this law plain. The greatest power in the world is the power of thought, for it is Creative Mind in action. Nothing exists that did not first exist in thought from the first sun that blazed only in the Mind of the Creator, to the last doll-dress fashioned by a childish hand. Science supports the fact that the first movement in nature can have come only from the application of an immaterial force or Will to the primary etheric particles otherwise in a perfect state of equilibrium. It must leave to metaphysics not only an explanation of the Will that moves but also the substance that is moved. This, then, it is the province of this book to show with all that it entails. Since an act of Will is an act of mind, we concern ourselves with the activity of a Creative Mind. Again since Mind acts creatively, there is a way in which it acts. We must also, therefore, teach the way. It is to teach this way that the Bible was written, that Jesus lived and taught. This way has been known for many centuries but has always been taught in terms of the understanding of the day in which the teacher lived. The Great Metaphysician taught largely in parables and oriental figures of speech. But He taught "the Way" and his followers were called the People of the Way.