John MacCormick's Books

The Flag in the Wind

By: John MacCormick

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Born in Glasgow in 1904, Dr John MacCormick studied law at Glasgow University and was one of the chief founding members of the National Party of Scotland in 1928 and, with the merger of the NPS and the Scottish Party, of the Scottish National Party in 1934. In 1942, he left the SNP and was instrumental in the forming the Scottish Convention which went on to produce the Scottish Covenant in 1949, upon which nearly two million signatures of support for a Scottish parliament were obtained. After a high-profile trip to the US and Canada to present Scotland's case for Home Rule he was voted Lord Rector at Glasgow University. During his stint in this position he became involved in the plot to steal the Stone of Destiny from Westminster Abbey before going on to publish The Flag in the Wind in 1955. With a new introduction by the author's son, this updated edition of John MacCormick's seminal work examines the early years of the twentieth-century Nationalist movement in Scotland, providing an invaluable insight into people and events that help create and then shape the SNP and its campaign to secure a devolved Scottish Assembly.

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253

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Birlinn

Published Date

ISBN 10

0857907417

ISBN 13

9780857907417

Aggression Replacement Training

A Comprehensive Intervention for Aggressive Youth

By: Barry Glick,John C. Gibbs

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Aggression Replacement Training

A Comprehensive Intervention for Aggressive Youth

By: Barry Glick,John C. Gibbs

Rev. ed. of: Aggression replacement training: a comprehensive intervention for aggressive youth / Arnold P. Goldstein, Barry Glick, John C. Gibbs. Rev. ed. c1998.

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436

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Research Press

Published Date

ISBN 10

0878226370

ISBN 13

9780878226375

Law as a Leap of Faith

Essays on Law in General

By: John Gardner

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Law as a Leap of Faith

Essays on Law in General

By: John Gardner

How do laws resemble rules of games, moral rules, personal rules, rules found in religious teachings, school rules, and so on? Are laws rules at all? Are they all made by human beings? And if so how should we go about interpreting them? How are they organized into systems, and what does it mean for these systems to have 'constitutions'? Should everyone want to live under a system of law? Is there a special kind of 'legal justice'? Does it consist simply in applying the law of the system? And how does it relate to the ideal of 'the rule of law'? These and other classic questions in the philosophy of law form the subject-matter of Law as a Leap of Faith. In this book John Gardner collects, revisits, and supplements fifteen years of celebrated writings on general questions about law and legal systems - writings in which he attempts, without loss of philosophical finesse or insight, to cut through some of the technicalities with which the subject has become encrusted in the late twentieth century. Taking his agenda broadly from H.L.A. Hart's The Concept of Law (1961), Gardner shows how the key ideas in that work live on, and how they have been and can still be improved in modest ways to meet important criticisms - in some cases by concession, in some cases by circumvention, and in some cases by restatement. In the process Gardner engages with key ideas of other modern giants of the subject including Kelsen, Holmes, Raz, and Dworkin. Most importantly he presents the main elements of his own unique and refreshingly direct way of thinking about law, brought together in one place for the first time.

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329

Publisher

Oxford University Press

Published Date

ISBN 10

0191642266

ISBN 13

9780191642265

Critical Childhood Studies

Global Perspectives

By: Kay Tisdall,John Davis,Deborah Fry,Kristina Konstantoni,Marlies Kustatscher,Catherine Maternowska,Laura Weiner

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Critical Childhood Studies

Global Perspectives

By: Kay Tisdall,John Davis,Deborah Fry,Kristina Konstantoni,Marlies Kustatscher,Catherine Maternowska,Laura Weiner

The book provides an advanced, accessible text for childhood studies, which is suitable and challenging for those coming from practice, different parts of the world and from a range of disciplines. Key ideas within childhood studies are introduced, from agency to intersectionality to children's rights. Addressing children and young people under the age of 18, the book combines concepts from seminal texts with challenging, critical views and alternatives, to stimulate readers to develop their own analysis and apply the results to their own interests. It reveals how childhood studies draws on a rich and diverse range of perspectives from child development, educational studies, history, human rights, media studies, philosophy, public health, race and ethnicity studies, to social anthropology. The book is organised around five sections: Foundations of Childhood Studies Childhood Studies Meets Other Disciplines Childhood Studies Meets Children's Rights Studies Intersectional Perspectives on Childhood Childhood Studies in Practice Each section includes commentaries from international experts based in Australia (Amanda Third), Brazil (Irene Rizzini), the UK (Erica Burman), the USA (Sarada Balagopalan) and Zimbabwe (Tendai Charity Nhenga). The book has a range of pedagogical features including guiding questions and challenge tasks, quotes from students and other experts, and a glossary of terms. The book has a companion website with videos from authors, students and those working in practice and policy, interactive tasks and other resources.

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289

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Bloomsbury Publishing

Published Date

ISBN 10

1350163236

ISBN 13

9781350163232

The Constitution's Gift

A Constitutional Theory for a Democratic European Union

By: John Erik Fossum,Agustín José Menéndez

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The Constitution's Gift

A Constitutional Theory for a Democratic European Union

By: John Erik Fossum,Agustín José Menéndez

This authoritative study considers all aspects of the European Union's distinctive constitution since its inception. A unique political animal, the EU has given rise to important constitutional conundrums and paradoxes that the authors explore in detail. Their analysis illuminates the distinctive features of the Union's pluralist constitutional construct and provides the tools to understand the Union's development, especially during the Laeken (2001–2005) and Lisbon (2007–2009) processes of constitutional reform and spells out the parallels between the European and the Canadian constitutional experiences. Offering the first history of European constitutional law that is both theoretically informed and normatively grounded, the authors have developed an original theory of constitutional synthesis that will be essential reading for all readers interested in the process and theory of European integration.

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316

Publisher

Rowman & Littlefield Publishers

Published Date

ISBN 10

1442208570

ISBN 13

9781442208575

Family Law and Personal Life

By: John Eekelaar

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Family Law and Personal Life

By: John Eekelaar

Developments in the law, scholarship, and research since 2006 form a substantial part of the second edition of this book which sets the governance of personal relationships in the context of the exercise of social and personal power. Its central argument is that this power is counterbalanced by the presence of individual rights. This entails an analysis of the nature and deployment of rights, including human rights, and children's rights. Against that background, the book examines the values of friendship, truth, respect, and responsibility, and how the values of individualism co-exist with those of the community in an open society. It argues that central to these values is respecting the role of intimacy in personal relationships. In doing this, a variety of issues are examined, including the legal regulation of married and unmarried relationships, same-sex marriage, state supervision over the inception and exercise of parenthood (including surrogacy and assisted reproductive technology), the role of fault and responsibility in divorce law, children's rights and welfare, religion and family rights, the rights of separated partners regarding property and of separated parents regarding their children, and how states should respond to cultural diversity.

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275

Publisher

Oxford University Press

Published Date

ISBN 10

0192543830

ISBN 13

9780192543837

Practical Philosophy

Ethics, Society and Culture

By: John Haldane

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Practical Philosophy

Ethics, Society and Culture

By: John Haldane

In this wide ranging volume of philosophical essays John Haldane explores some central areas of social life and issues of intense academic and public debate. These include the question of ethical relativism, fundamental issues in bioethics, the nature of individuals in relation to society, the common good, public judgement of prominent individuals, the nature and aims of education, cultural theory and the relation of philosophy to art and architecture.

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409

Publisher

Andrews UK Limited

Published Date

ISBN 10

1845402901

ISBN 13

9781845402907

From Personal Life to Private Law

By: John Gardner

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From Personal Life to Private Law

By: John Gardner

Mounting a lawsuit against someone who has wronged you is a prospect no less fearful than being on the receiving end of such a lawsuit. Litigation in the courts has a reputation for being a byzantine process far removed from ordinary life, often failing to address people's real grievances while adding to their pain. Yes, there is money to be had if you win. But beyond that, what is it all in aid of? In this book John Gardner argues that, in spite of their legal intricacy, many of the questions that perennially occupy the courts in civil cases are actually timeless puzzles about the human condition. The architecture of the law of torts and the law of contract turns out to track the contours of personal life much more closely than you might expect. Using a wide range of examples from literature and life as well as law, Gardner explores big questions about our relationships to our own pasts and our own futures as well as to other people. What are friends for? Why does it matter how your actions turn out? What is the good of saying sorry? Why regret your mistakes? How can anyone be compensated for an irreversible loss? Why would you want to hold onto the life you already have? And what does any of this have to do with all those protracted legal disputes about damaged cars, ruined holidays, and leaky roofs?

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257

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Oxford University Press

Published Date

ISBN 10

019255073X

ISBN 13

9780192550736

Legal Certainty in the Preliminary Reference Procedure

The Role of Extra-Legal Steadying Factors

By: Cotter, John

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Legal Certainty in the Preliminary Reference Procedure

The Role of Extra-Legal Steadying Factors

By: Cotter, John

This textbook provides a compelling and structured introduction to international environmental law in the Text, Cases and Materials genre.

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320

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Edward Elgar Publishing

Published Date

ISBN 10

1788979559

ISBN 13

9781788979559

Torts and Other Wrongs

By: John Gardner

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Torts and Other Wrongs

By: John Gardner

Torts and other Wrongs is a collection of eleven of the author's essays on the theory of the law of torts and its place in the law more generally. Two new essays accompany nine previously published pieces, a number of which are already established classics of theoretical writing on private law. Together they range across the distinction between torts and other wrongs, the moral significance of outcomes, the nature and role of corrective and distributive justice, the justification of strict liability, the nature of the reasonable person standard, and the role of public policy in tort adjudication. Though focussed on the law of torts, the wide-ranging analysis in each chapter will speak to theorists of private law more generally.

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385

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Oxford University Press

Published Date

ISBN 10

0192596144

ISBN 13

9780192596147

Intention, Supremacy and the Theories of Judicial Review

By: John McGarry

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Intention, Supremacy and the Theories of Judicial Review

By: John McGarry

In the late 1980s, a vigorous debate began about how we may best justify, in constitutional terms, the English courts’ jurisdiction to judicially review the exercise of public power derived from an Act of Parliament. Two rival theories emerged in this debate, the ultra vires theory and the common law theory. The debate between the supporters of these two theories has never satisfactorily been resolved and has been criticised as being futile. Yet, the debate raises some fundamental questions about the constitution of the United Kingdom, particularly: the relationship between Parliament and the courts; the nature of parliamentary supremacy in the contemporary constitution; and the possibility and validity of relying on legislative intent. This book critically analyses the ultra vires and common law theories and argues that neither offers a convincing explanation for the courts’ judicial review jurisdiction. Instead, the author puts forward the theory that parliamentary supremacy – and, in turn, the relationship between Parliament and the courts – is not absolute and does not operate in a hard and fast way but, rather, functions in a more flexible way and that the courts will balance particular Acts of Parliament against competing statutes or principles. McGarry argues that this new conception of parliamentary supremacy leads to an alternative theory of judicial review which significantly differs from both the ultra vires and common law theories. This book will be of great interest to students and scholars of UK public law.

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194

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Routledge

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ISBN 10

1317517598

ISBN 13

9781317517597

A Practical Logic of Cognitive Systems

The Reach of Abduction: Insight and Trial

By: Dov M. Gabbay,John Woods

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A Practical Logic of Cognitive Systems

The Reach of Abduction: Insight and Trial

By: Dov M. Gabbay,John Woods

The present work is a continuation of the authors' acclaimed multi-volume APractical Logic of Cognitive Systems. After having investigated the notion ofrelevance in their previous volume, Gabbay and Woods now turn to abduction. Inthis highly original approach, abduction is construed as ignorance-preservinginference, in which conjecture plays a pivotal role. Abduction is a response to acognitive target that cannot be hit on the basis of what the agent currently knows.The abducer selects a hypothesis which were it true would enable the reasoner to attain his target. He concludes from this fact that the hypothesis may be conjectured. In allowing conjecture to stand in for the knowledge he fails to have, the abducer reveals himself to be a satisficer, since an abductive solution is not a solution from knowledge. Key to the authors' analysis is the requirement that a conjectured proposition is not just what a reasoner might allow himself to assume, but a proposition he must defeasibly release as a premiss for further inferences in the domain of enquiry in which the original abduction problem has arisen.The coverage of the book is extensive, from the philosophy of science tocomputer science and AI, from diagnostics to the law, from historical explanation to linguistic interpretation. One of the volume's strongest contributions is its exploration of the abductive character of criminal trials, with special attention given to the standard of proof beyond a reasonable doubt.Underlying their analysis of abductive reasoning is the authors' conception ofpractical agency. In this approach, practical agency is dominantly a matter of thecomparative modesty of an agent's cognitive agendas, together with comparatively scant resources available for their advancement. Seen in these ways, abduction has a significantly practical character, precisely because it is a form of inference that satisfices rather than maximizes its response to the agent's cognitive target.The Reach of Abduction will be necessary reading for researchers, graduatestudents and senior undergraduates in logic, computer science, AI, belief dynamics, argumentation theory, cognitive psychology and neuroscience, linguistics, forensic science, legal reasoning and related areas.Key features:- Reach of Abduction is fully integrated with a background logic of cognitive systems.- The most extensive coverage compared to competitive works.- Demonstrates not only that abduction is a form of ignorance preservinginference but that it is a mode of inference that is wholly rational.- Demonstrates the satisficing rather than maximizing character ofabduction.- The development of formal models of abduction is considerably more extensive than one finds in existing literature. It is an especially impressive amalgam of sophisticatedconceptual analysis and extensive logical modelling.· Reach of Abduction is fully integrated with a background logic of cognitive systems.· The most extensive coverage compared to competitive works· Demonstrates not only that abduction is a form of ignorance preservinginference but that it is a mode of inference that is wholly rational.· Demonstrates the satisficing rather than maximizing character ofabduction.· The development of formal models of abduction is considerably more extensive than one finds in existing literature. It is an especially impressive amalgam of sophisticatedconceptual analysis and extensive logical modelling.

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497

Publisher

Elsevier

Published Date

ISBN 10

0080460925

ISBN 13

9780080460925

Natural Law and Natural Rights

By: John Finnis

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Natural Law and Natural Rights

By: John Finnis

First published in 1980, Natural Law and Natural Rights is widely heralded as a seminal contribution to the philosophy of law, and an authoritative restatement of natural law doctrine. It has offered generations of students and other readers a thorough grounding in the central issues of legal, moral, and political philosophy from Finnis's distinctive perspective. This new edition includes a substantial postscript by the author, in which he responds to thirty years of discussion, criticism and further work in the field to develop and refine the original theory. The book closely integrates the philosophy of law with ethics, social theory and political philosophy. The author develops a sustained and substantive argument; it is not a review of other people's arguments but makes frequent illustrative and critical reference to classical, modern, and contemporary writers in ethics, social and political theory, and jurisprudence. The preliminary First Part reviews a century of analytical jurisprudence to illustrate the dependence of every descriptive social science upon evaluations by the theorist. A fully critical basis for such evaluations is a theory of natural law. Standard contemporary objections to natural law theory are reviewed and shown to rest on serious misunderstandings. The Second Part develops in ten carefully structured chapters an account of: basic human goods and basic requirements of practical reasonableness, community and 'the common good'; justice; the logical structure of rights-talk; the bases of human rights, their specification and their limits; authority, and the formation of authoritative rules by non-authoritative persons and procedures; law, the Rule of Law, and the derivation of laws from the principles of practical reasonableness; the complex relation between legal and moral obligation; and the practical and theoretical problems created by unjust laws. A final Part develops a vigorous argument about the relation between 'natural law', 'natural theology' and 'revelation' - between moral concern and other ultimate questions.

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1038

Publisher

OUP Oxford

Published Date

ISBN 10

0191021547

ISBN 13

9780191021541

Philosophy of Law

Collected Essays Volume IV

By: John Finnis

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Philosophy of Law

Collected Essays Volume IV

By: John Finnis

This volume of John Finnis's collected essays shows the full range and power of his contributions to the philosophy of law. The volume collects over 20 papers on the foundations of law's authority; major theories and theorists of law; legal reasoning ; revolutions, rights and law; and much more.

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522

Publisher

Oxford University Press

Published Date

ISBN 10

0199580081

ISBN 13

9780199580088

Archaeological Resource Management

By: John Carman

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Archaeological Resource Management

By: John Carman

Archaeological Resource Management provides an international comparison of the main practices involved in managing archaeological remains, especially their identification and recording, their evaluation for 'significance,' their preservation and their presentation to the public.

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257

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Cambridge University Press

Published Date

ISBN 10

0521841682

ISBN 13

9780521841689

Encyclopedia of British and Irish Political Organizations

Parties, Groups and Movements of the 20th Century

By: Peter Barberis,John McHugh,Mike Tyldesley

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Encyclopedia of British and Irish Political Organizations

Parties, Groups and Movements of the 20th Century

By: Peter Barberis,John McHugh,Mike Tyldesley

This major, authoritative reference work embraces the spectrum of organized political activity in the British Isles. It includes over 2,500 organizations in 1,700 separate entries. Arrangement is in 20 main subject sections, covering the three main p

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582

Publisher

A&C Black

Published Date

ISBN 10

0826458149

ISBN 13

9780826458148

John Sladek SF Gateway Omnibus

The Reproductive System, The Muller-Fokker Effect, Tik-Tok

By: John Sladek

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John Sladek SF Gateway Omnibus

The Reproductive System, The Muller-Fokker Effect, Tik-Tok

By: John Sladek

From the vaults of The SF Gateway, the most comprehensive digital library of classic SFF titles ever assembled, comes an ideal introduction to the razor-sharp wit of John Sladek. An important voice in the New Wave movement, Sladek had stories published in Harlan Ellison's seminal anthology, DANGEROUS VISIONS, as well as in Michael Moorcock's ground-breaking NEW WORLDS magazine. Perhaps best known for the ambitious robot tales RODERICK and RODERICK AT RANDOM, he is now recognized as one of SF's most brilliant satirists. This omnibus collects novels THE REPRODUCTIVE SYSTEM, THE MULLER-FOKKER EFFECT and BSFA AWARD-winning TIK-TOK. THE REPRODUCTIVE SYSTEM: Wompler's Walking Babies aren't selling like they used to, so the company develops Project 32, producing self-replicating mechanisms designed to repair inter-cellular breakdowns. But then the metal boxes begin crawling about the laboratory, feeding voraciously on metal and multiplying... THE MULLER-FOKKER EFFECT: Bob Shairp - a writer and dreamer - has agreed to be a guinea-pig in a military experiment to find out if his personality can be turned into data and stored on computer. But a computing error quickly destroys Shairp's physical body, leaving his mind stranded in an encoded world. Can the process be reversed? TIK-TOK: Something has gone very seriously wrong with Tik-Tok's 'asimov circuits'. They should keep him on the straight and narrow, following Asimov's First Law of Robotics: 'a robot shall not injure a human being, or through inaction allow a human being to come to harm.' But they don't. While maintaining the outward appearance of a mild-mannered robot, albeit one with artistic tendencies and sympathy for the robot rights movement, Tik-Tok's real agenda is murderously different. He seems intent on injuring - preferably fatally - as many people as possible. Almost inevitably, a successful career in crime and general mayhem leads to a move into politics and Tik-Tok becomes the first robot candidate for Vice President of the United States.

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531

Publisher

Gateway

Published Date

ISBN 10

1473201926

ISBN 13

9781473201927

Gaelic Cape Breton Step-Dancing

An Historical and Ethnographic Perspective

By: John G. Gibson

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Gaelic Cape Breton Step-Dancing

An Historical and Ethnographic Perspective

By: John G. Gibson

The step-dancing of the Scotch Gaels in Nova Scotia is the last living example of a form of dance that waned following the great emigrations to Canada that ended in 1845. The Scotch Gael has been reported as loving dance, but step-dancing in Scotland had all but disappeared by 1945. One must look to Gaelic Nova Scotia, Cape Breton, and Antigonish County, to find this tradition. Gaelic Cape Breton Step-Dancing, the first study of its kind, gives this art form and the people and culture associated with it the prominence they have long deserved. Gaelic Scotland’s cultural record is by and large pre-literate, and references to dance have had to be sought in Gaelic songs, many of which were transcribed on paper by those who knew their culture might be lost with the decline of their language. The improved Scottish culture depended proudly on the teaching of dancing and the literate learning and transmission of music in accompaniment. Relying on fieldwork in Nova Scotia, and on mentions of dance in Gaelic song and verse in Scotland and Nova Scotia, John Gibson traces the historical roots of step-dancing, particularly the older forms of dancing originating in the Gaelic–speaking Scottish Highlands. He also places the current tradition as a development and part of the much larger British and European percussive dance tradition. With insight collected through written sources, tales, songs, manuscripts, book references, interviews, and conversations, Gaelic Cape Breton Step-Dancing brings an important aspect of Gaelic history to the forefront of cultural debate.

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464

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McGill-Queen's Press - MQUP

Published Date

ISBN 10

0773550607

ISBN 13

9780773550605

The Muller-Fokker Effect

By: John Sladek

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The Muller-Fokker Effect

By: John Sladek

This novel is about the first truly modern man. His name's Bob Shairp, and he gets completely turned into data and stored on computer tape. (How modern can you get?) Actually, there are quite a few other modern characters (though none so modern as Bob) in this book. There's Wes Davis, who knows the U.S. Army is part of a Black Conspiracy. And Billy Koch, the great faith-healing evangelist who orders a robot replica of himself to share the burden of crusading. And Glen Dale, editor of Stagman magazine and, strangely enough, a virgin. And Wise Bream, god of the Utopi Indians. And others, too numerous to enumerate.

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209

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Gateway

Published Date

ISBN 10

0575110589

ISBN 13

9780575110588

Recognizing Wrongs

By: John C. P. Goldberg,Benjamin C. Zipursky

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Recognizing Wrongs

By: John C. P. Goldberg,Benjamin C. Zipursky

Two preeminent legal scholars explain what tort law is all about and why it matters, and describe their own view of tort’s philosophical basis: civil recourse theory. Tort law is badly misunderstood. In the popular imagination, it is “Robin Hood” law. Law professors, meanwhile, mostly dismiss it as an archaic, inefficient way to compensate victims and incentivize safety precautions. In Recognizing Wrongs, John Goldberg and Benjamin Zipursky explain the distinctive and important role that tort law plays in our legal system: it defines injurious wrongs and provides victims with the power to respond to those wrongs civilly. Tort law rests on a basic and powerful ideal: a person who has been mistreated by another in a manner that the law forbids is entitled to an avenue of civil recourse against the wrongdoer. Through tort law, government fulfills its political obligation to provide this law of wrongs and redress. In Recognizing Wrongs, Goldberg and Zipursky systematically explain how their “civil recourse” conception makes sense of tort doctrine and captures the ways in which the law of torts contributes to the maintenance of a just polity. Recognizing Wrongs aims to unseat both the leading philosophical theory of tort law—corrective justice theory—and the approaches favored by the law-and-economics movement. It also sheds new light on central figures of American jurisprudence, including former Supreme Court Justices Oliver Wendell Holmes, Jr., and Benjamin Cardozo. In the process, it addresses hotly contested contemporary issues in the law of damages, defamation, malpractice, mass torts, and products liability.

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393

Publisher

Harvard University Press

Published Date

ISBN 10

0674246527

ISBN 13

9780674246522

The Cultural Prison

Discourse, Prisoners, and Punishment

By: John M. Sloop

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The Cultural Prison

Discourse, Prisoners, and Punishment

By: John M. Sloop

The Cultural Prison brings a new dimension to the study of prisoners and punishment by focusing on how the punishment of American offenders is represented and shaped in the mass media through public arguments.

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256

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University of Alabama Press

Published Date

ISBN 10

081735333X

ISBN 13

9780817353339

Enlightenment, Legal Education, and Critique

By: John W Cairns

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Enlightenment, Legal Education, and Critique

By: John W Cairns

Enlightenment, Legal Education, and Critique deals with broad themes in Legal History, such as the development of Scots Law through the major legal thinkers of the Enlightenment, essays on Roman law and miscellaneous essays on the literary and philosophic

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458

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Edinburgh University Press

Published Date

ISBN 10

0748682155

ISBN 13

9780748682157

Hayek and Human Rights

Foundations for a Minimalist Approach to Law

By: John C. W. Touchie

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Hayek and Human Rights

Foundations for a Minimalist Approach to Law

By: John C. W. Touchie

Readers will find this adumbration of Friedrich Hayek's social, political and legal theory both stimulating and controversial. On the one hand, the author highlights Hayek's Kantian and Humean roots and demonstrates the relevance of Hayek's project to contemporary debates in economics, psychology, political and moral philosophy and the philosophy of law. On the other hand, Touchie's effort to embed his own human rights construal in the Hayekean "Great Society's" spontaneously generated rules of just conduct will be of particular interest, both to those who regard rights as antecedent to civil society and to those who do not.' - Timothy P. Roth, The University of Texas at El Paso, US Why are discussions of human rights largely absent from Hayek's writings? Focusing primarily on Hayek's writings in law and politics, the author examines the building blocks of Hayek's legal theorizing: the notions of coercion, the Rule of Law ideal, justice, negative duties, and liberal as opposed to majoritarian constitutionalism, arguing that each element of Hayek's writing contributes to his overall perspective on human rights. The author concludes by summarizing the relationship between the twin themes that drive Hayek's work: his understanding of the consequences of the transition from Gemeinschaft to Gesellschaft forms of social interaction and the implications of an increasing degree of functional specialization in society. Hayek's vision of the political and economic future has to a remarkable extent come to pass, and his writings can now be seen to contain much that is orthodox and widely accepted. The tight weaving of insights from diverse academic disciplines into a coherent social theory make his work of heightened relevance today, and many of the core constructs and concerns of his theorizing are useful for discussions of human rights. Students and scholars interested in a multidisciplinary approach to libertarian or liberal theory, legal and political theory, or market liberalism, will find this an insightful reading of one of our great thinkers.

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284

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Edward Elgar Publishing

Published Date

ISBN 10

1781958874

ISBN 13

9781781958872

Elusive Citizenship

Immigration, Asian Americans, and the Paradox of Civil Rights

By: John S. W. Park

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Elusive Citizenship

Immigration, Asian Americans, and the Paradox of Civil Rights

By: John S. W. Park

Since the late nineteenth century, federal and state rules governing immigration and naturalization have placed persons of Asian ancestry outside the boundaries of formal membership. A review of leading cases in American constitutional law regarding Asians would suggest that initially, Asian immigrants tended to evade exclusionary laws through deliberate misrepresentations of their identities or through extralegal means. Eventually, many of these immigrants and their descendants came to accept prevailing legal norms governing their citizenship in the United States. In many cases, this involved embracing notions of white supremacy. John S. W. Park argues that American rules governing citizenship and belonging remain fundamentally unjust, even though they suggest the triumph of a "civil rights" vision, where all citizens share the same basic rights. By continuing to privilege members over non-members in ways that are politically popular, these rules mask injustices that violate principles of fairness. Importantly, Elusive Citizenship also suggests that politically and socially, full membership in American society remains closely linked with participation in exclusionary practices that isolate racial minorities in America.

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356

Publisher

NYU Press

Published Date

ISBN 10

0814768105

ISBN 13

9780814768105

The Right to Health in International Law

By: John Tobin

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The Right to Health in International Law

By: John Tobin

The link between health and human rights has been recognised for many years, but the increasing visibility of the right to health in international law has been a distinct feature of the last decade. It has been embraced by actors within civil society, academics, health professionals, lawyers and courts in several jurisdictions as a tool to address health inequalities at the local and global level, in matters ranging from access to medicines and the availability of affordable health care to sexual and reproductive health. But it has equally been the subject of derision and scorn by human rights sceptics who have described it as lacking foundation, nebulous, and incapable of implementation. This book seeks to offer a comprehensive discussion of the status and meaning of the right to health in international law. It traces the history of this right to reveal its nexus with public health and the long-standing recognition that a State has a responsibility to attend to the health needs of its population. It also offers a theoretical account of its conceptual foundations which challenges the position held by many philosophers that health is undeserving of the status of a human right. By developing an interpretative methodology, the book provides a persuasive account of the meaning of the right to health and the obligations it imposes on States. This process reveals an understanding of the right to health that, while challenging, remains practical and capable of guiding States that are genuinely committed to addressing the health needs of their population.

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2336

Publisher

OUP Oxford

Published Date

ISBN 10

0191627615

ISBN 13

9780191627613

Prisoners' Rights

By: John Kleinig

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Prisoners' Rights

By: John Kleinig

This volume brings together a selection of the most important published research articles from the ongoing debate about the moral rights of prisoners. The articles consider the moral underpinnings of the debate and include framework discussions for a theory of prisoners? rights as well as several international documents which detail the rights of prisoners, including women prisoners. Finally, detailed analysis of the moral bases for particular rights relating to prison conditions covers areas such as: health, solitary confinement, recreation, work, religious observance, library access, the use of prisoners in research and the disenfranchisement of prisoners.

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500

Publisher

Routledge

Published Date

ISBN 10

1351553178

ISBN 13

9781351553179

Law, Lawyers, and Humanism

By: John W Cairns

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Law, Lawyers, and Humanism

By: John W Cairns

This collection brings together a selection of the most cited articles published by Professor John W. Cairns. Essays range from Scots Law from 16th and 17th century Scotland, through to the 18th century influence of Dutch Humanism into the 19th century, a

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540

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Edinburgh University Press

Published Date

ISBN 10

0748682112

ISBN 13

9780748682119

Course Notes: Constitutional and Administrative Law

By: John McGarry

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Course Notes: Constitutional and Administrative Law

By: John McGarry

Course Notes is designed to help you succeed in your law examinations and assessments. Each guide supports revision of an undergraduate and conversion GDL/CPE law degree module by demonstrating good practice in creating and maintaining ideal notes. Course Notes will support you in actively and effectively learning the material by guiding you through the demands of compiling the information you need. Written by expert lecturers who understand your needs with examination requirements in mind Covers key cases, legislation and principles clearly and concisely so you can recall information confidently Contains numerous diagrams, definition boxes, workpoints, and other features to help you understand difficult concepts Provides opportunities throughout for you to check your understanding Additional online revision guidance such as sample essay plans, interactive quizzes and a glossary of legal terms at www.unlockingthelaw.co.uk

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211

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Routledge

Published Date

ISBN 10

1134660669

ISBN 13

9781134660667

Canna

The Story of a Hebridean Island

By: John Lorne Campbell

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Canna

The Story of a Hebridean Island

By: John Lorne Campbell

This is the definitive history of Canna, one of the most beautiful of all the Scottish islands. Fertile and with a sheltered harbour, Canna has played an important part in the story of the Hebrides. After the Reformation the island was of considerable importance to the Irish Franciscan mission of the 1620s and also the Jacobite risings before it was swept up in the tragedies of depopulation and clearances of the nineteenth century. Gifted to the National Trust in 1981, the island is currently undergoing something of a revival, with the creation of the St Edward Centre on Sanday, and the proposed developments of Canna House. Recent archaeological surveys and historical research has uncovered much new evidence about the island. Hugh Cheape of the Royal Museum of Scotland, who has been intimately involved in the Canna project, has fully edited the book. New contributions both update and fill out the account of the island.

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362

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Birlinn Ltd

Published Date

ISBN 10

0857909541

ISBN 13

9780857909541

Judiciaries within Europe

A Comparative Review

By: John Bell

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Judiciaries within Europe

A Comparative Review

By: John Bell

An in-depth study, originally published in 2006, of the careers and roles of judges in France, Germany, Spain, Sweden and England, this book is based on original language materials and investigations of judges and judicial institutions in each country. On the basis of these detailed case studies, the book suggests factors that shape the character of the judiciary in different countries, focusing on issues such as women's careers and the relationship between judicial careers and politics. Bell's investigations offer lessons on issues which the English judiciary was having to confront in the period of reform at the time of this book's publication.

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384

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Cambridge University Press

Published Date

ISBN 10

113945868X

ISBN 13

9781139458689

European Legal Development

By: John Bell,David Ibbetson

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European Legal Development

By: John Bell,David Ibbetson

Reviews the relationship between the social environment and legal tradition in the development of tort law between 1850 and 2000.

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227

Publisher

Cambridge University Press

Published Date

ISBN 10

1107475627

ISBN 13

9781107475625

Political Obligation

By: John Horton

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Political Obligation

By: John Horton

How should we understand the relationship between citizens and governments, and what are the obligations of citizens? In this substantially revised new edition of an influential text, John Horton challenges dominant theories by offering an 'associative' account focusing particularly on what it is to be a member of a political community.

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256

Publisher

Bloomsbury Publishing

Published Date

ISBN 10

1137020520

ISBN 13

9781137020529

Book's by John MacCormick

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