Identifying a profoundly male bias in the law, this text recommends a reasonable woman standard for measuring behaviour, arguing that a woman-based legal standard would help rectify the imbalance in how society and its legal system view sexual and gender-based crime.
"Nothing is more curiously enquired after . . . than the causes of every phenomenon. . . . [We] push on our enquiries, till we arrive at the original and ultimate principle. . . . This is our aim in all our studies and reflections." These words sum up David Hume's plan: To discover the fundamental principles at work in the nature and extent of ......
Examines how American law purports to reflect - and actively promotes - a laissez-faire capitalism that disproportionately benefits the entrepreneurial class. This title proposes that the quality of American life depends also on fairness and equality rather than simply the single-minded and formulaic pursuit of efficiency and utility.
Examines how American law purports to reflect - and actively promotes - a laissez-faire capitalism that disproportionately benefits the entrepreneurial class. This title proposes that the quality of American life depends also on fairness and equality rather than simply the single-minded and formulaic pursuit of efficiency and utility.
Robin West provides a feminist perspective on traditional jurisprudence, examining such issues as nature of justice, the concept of harm, economic theories of value, and the utility of constitutional discourse.
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 ......
The author of this work presents an integrated theory of double-jeopardy law, a theory anchored in historical, doctrinal and philosophical method which functions to keep prosecutors and judges from imposing more than one criminal judgment for the same offence.
Conceptual and Practical Obstacles to Improving Judicial Performance in Latin America
Judicial reform became an important part of the agenda for development in Latin America early in the 1980s, when countries in the region started the process of democratization. Connections began to be made between judicial performance and market-based growth, and development specialists turned their attention to “second generation” ......
...An excellent and balanced review of the justice's first years on the Court. (National Review) The paperback edition includes a provocative new Afterword by the author bringing the book up to date by assessing Justice Thomas's performance, and the reaction to his decisions, during the last five years.
...An excellent and balanced review of the justice's first years on the Court. (National Review) The paperback edition includes a provocative new Afterword by the author bringing the book up to date by assessing Justice Thomas's performance, and the reaction to his decisions, during the last five years.
A look at First Amendment coverage of music, non-representational art, and nonsense The Supreme Court has unanimously held that Jackson Pollock's paintings, Arnold Schoeenberg's music, and Lewis Carroll's poem "Jabberwocky" are "unquestionably shielded" by the First Amendment. Nonrepresentational art, instrumental music, and nonsense: all ......
TheRisale-i Nur Collection is full of "general principles," not only related to the Islamic Jurisprudence but also to all the fields of Islam or Islamic life and Islamic branches of knowledge. Based on or specially favored with profound wisdom having its source in the Divine Wisdom or the Divine Name of the All-Wise, the Risale-i Nur Collection ......
Papke (law and liberal arts, Indiana U.) traces the lineage of legal heretics from 19th-century activists up to more recent radicals and to the contemporary rejection of legal authority by various militia and anti-abortion movements. He illuminates a tradition of American legal heresy, linked by a
This collection surveys the literature relevant to law and anthropology. It also brings together attempts by western scholars to understand non-western forms of jurisprudence in their own terms, and illustrates diverse non-western approaches to law.