Beyond civil disobedience and the citizen's power to protest and defy law, this book looks at rule departures actually sanctioned by law.This acclaimed study by philosophy professor Mortimer Kadish and law professor Sanford Kadish is a truly interdisciplinary inquiry into the idea of departing from the strict letter of the law in a way that, they argue, actually comports with both law and morality.An instant classic and source of debate when first published by Stanford University Press in 1973, this book still resonates on questions of rule violations for the greater good, jury nullification, police and prosecutor discretion not to arrest or charge, civil disobedience, and the very concept of rules. Both citizens and government actors, they write, hold the power and the right to deviate from law in certain contexts and yet not act illegally in a sense -- because law itself contains strands of adaptations to its own departures that the authors weave into a sustained jurisprudential point.As one reviewer soon wrote, "the paradoxical idea that a citizen or official may lawfully break the law" will surely "raise the hackles" of any legal positivist. Yet it remains a challenging idea well worth considering. This book, despite its reputation in the fields of law and philosophy, is actually accessible to fields and scholars beyond, and to citizens who are finding their rightful place among the powers of governmental institutions.Part of the Classics of Law & Society Series from Quid Pro, includes 2010 Notes by the series editor and is available in new high-quality digital formats as well.
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook with Study Center on CasebookConnect. You will need to purchase a new print book to get access to the full experience, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. From a preeminent authorship team, Criminal Law and its Processes: Cases and Materials, Tenth Edition, continues in the tradition of its best-selling predecessors by providing students not only with a cohesive policy framework through which they can understand and examine the use of criminal laws as a means for social control but also analytic tools to understand and apply important criminal law doctrines. Instead of presenting the elements of various crimes in a disjointed fashion, Criminal Law and its Processes: Cases and Materials focuses on having students develop a nuanced understanding of the underlying principles, rules, and policy rationales that inform all criminal laws. A cases-and-notes pedagogy along with scholarly excerpts, questions, and notes, provides students with a rich foundation for not only the academic examination of criminal laws but also the application of the law to real-world scenarios. Features: Retains prior edition’s principal cases and Notes and Questions approach to explain and probe fundamental concepts. Notes updated to incorporate contemporary cases and recent news touching on criminal law. Inclusion of additional preeminent cases in the field of criminal law, including: Yates v. United States, 135 S. Ct. 1074, (Supreme Court application of common statutory interpretation techniques and the rule of lenity) Rosamond v. United States, 134 S. Ct. 1240, (Supreme Court examination of accomplice liability) Perry v. Florida (examination of the agreement requirement for conspiracy through the lens of a Florida sexual battery offense). Theft (chapter 9) substantially revised to include new principal case dealing with trespassers takers in the credit card context. Expanded discussion of: mass incarceration and prosecutorial/law enforcement discretion; and, the intersections between race and criminal la
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