Producing Legality

Producing Legality
Author: Marjorie Zatz
Publisher: Routledge
Total Pages: 286
Release: 2014-03-18
Genre: Political Science
ISBN: 1136651756

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Producing Legality provides a window into the official construction of socialist legality in Cuba and the dissemination of this legal consciousness throughout the country. It links abstract theories of lawmaking and the state with the specific dilemmas confronting individual policymakers to detail the inner workings of the Cuban legal order.

Making and Unmaking Intellectual Property

Making and Unmaking Intellectual Property
Author: Mario Biagioli
Publisher: University of Chicago Press
Total Pages: 476
Release: 2015-07-31
Genre: Law
ISBN: 022617249X

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Rules regulating access to knowledge are no longer the exclusive province of lawyers and policymakers and instead command the attention of anthropologists, economists, literary theorists, political scientists, artists, historians, and cultural critics. This burgeoning interdisciplinary interest in “intellectual property” has also expanded beyond the conventional categories of patent, copyright, and trademark to encompass a diverse array of topics ranging from traditional knowledge to international trade. Though recognition of the central role played by “knowledge economies” has increased, there is a special urgency associated with present-day inquiries into where rights to information come from, how they are justified, and the ways in which they are deployed. Making and Unmaking Intellectual Property, edited by Mario Biagioli, Peter Jaszi, and Martha Woodmansee, presents a range of diverse—and even conflicting—contemporary perspectives on intellectual property rights and the contested sources of authority associated with them. Examining fundamental concepts and challenging conventional narratives—including those centered around authorship, invention, and the public domain—this book provides a rich introduction to an important intersection of law, culture, and material production.

Impossible Subjects

Impossible Subjects
Author: Mae M. Ngai
Publisher: Princeton University Press
Total Pages: 411
Release: 2014-04-27
Genre: History
ISBN: 1400850231

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This book traces the origins of the "illegal alien" in American law and society, explaining why and how illegal migration became the central problem in U.S. immigration policy—a process that profoundly shaped ideas and practices about citizenship, race, and state authority in the twentieth century. Mae Ngai offers a close reading of the legal regime of restriction that commenced in the 1920s—its statutory architecture, judicial genealogies, administrative enforcement, differential treatment of European and non-European migrants, and long-term effects. She shows that immigration restriction, particularly national-origin and numerical quotas, remapped America both by creating new categories of racial difference and by emphasizing as never before the nation's contiguous land borders and their patrol. Some images inside the book are unavailable due to digital copyright restrictions.

Making Migration Law

Making Migration Law
Author: Eve Lester
Publisher: Cambridge University Press
Total Pages: 389
Release: 2018-03-22
Genre: Law
ISBN: 1107173272

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This thought-provoking study examines the backstory and enduring contemporary effects of Australia's claim to an absolute right to exclude foreigners.

Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Juridification of Warfare and Limits of Accountability

Juridification of Warfare and Limits of Accountability
Author: Martina Kolanoski
Publisher: BRILL
Total Pages: 212
Release: 2022-07-18
Genre: Law
ISBN: 9004472444

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The book provides a detailed praxeological analysis of a single NATO-airstrike in Afghanistan as a vivid example of how an event and its ex-post accountings shape and specify the legally required protection of civilians in armed conflict.

Legalizing LGBT Families

Legalizing LGBT Families
Author: Amanda K. Baumle
Publisher: NYU Press
Total Pages: 309
Release: 2017-11
Genre: Family & Relationships
ISBN: 1479811815

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In-depth interviews examine the role of the law in the lives of LGBT parents The decision to have a child is seldom a simple one, often fraught with complexities regarding emotional readiness, finances, marital status, and compatibility with life and career goals. Rarely, though, do individuals consider the role of the law in facilitating or inhibiting their ability to have a child or to parent. For LGBT individuals, however, parenting is saturated with legality - including the initial decision of whether to have a child, how to have a child, whether one's relationship with their child will be recognized, and everyday acts of parenting. Through interviews with 137 LGBT parents, Amanda K. Baumle and D'Lane R. Compton examine the role of the law in the lives of LGBT parents and how individuals use the law when making decisions about family formation or parenting. Baumle and Compton explore the ways in which LGBT parents participate in the process of constructing legality through accepting, modifying, or rejecting legal meanings about their families. They conclude that legality is constructed through a complex interplay of legal context, social networks, individual characteristics, and familial desires. Ultimately, the stories of LGBT parents in this book reflect a rich and varied relationship between the law, the state, and the private family goals of individuals.

The Role of Fraternity in Law

The Role of Fraternity in Law
Author: Adriana Cosseddu
Publisher: Routledge
Total Pages: 310
Release: 2021-12-05
Genre: Law
ISBN: 1000517233

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This collection discusses the concept of fraternity and examines the issue of its role in law. Since the end of World War II, fraternity has been cited in several national constitutional charters, in addition to the United Nations Universal Declaration of Human Rights. But is there space for fraternity in law? The contributions to this book form an ideal “bridge” between the past and present to trace the different pathways taken to address the meaning of fraternity, and to identify its possible legal relevance. The book lays out paths that have placed fraternity in varied and challenging legal contexts in an age of globalization and conflict, where the multiplicity of national and supranational sources of law seems to show its inadequacy to govern complexity, and coexistence between diversities that appear irreconcilable. The purpose is not to recover fraternity as a forgotten principle, but to reimagine it today to address the aim and force of law within a plurality of cultures. The analysis considers a possible universal dimension that models unity within diversity, and aspires to serve as a prologue to a transition from research to dialogue between different legal systems and traditions. The book will be of interest to academics and researchers working in the areas of Comparative Law, Legal History and Legal Philosophy.

Legality

Legality
Author: Scott J. Shapiro
Publisher: Harvard University Press
Total Pages: 483
Release: 2013-09-02
Genre: Science
ISBN: 067426729X

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What is law? This question has preoccupied philosophers from Plato to Thomas Hobbes to H. L. A. Hart. Yet many others find it perplexing. How could we possibly know how to answer such an abstract question? And what would be the point of doing so? In Legality, Scott Shapiro argues that the question is not only meaningful but vitally important. In fact, many of the most pressing puzzles that lawyers confront—including who has legal authority over us and how we should interpret constitutions, statutes, and cases—will remain elusive until this grand philosophical question is resolved. Shapiro draws on recent work in the philosophy of action to develop an original and compelling answer to this age-old question. Breaking with a long tradition in jurisprudence, he argues that the law cannot be understood simply in terms of rules. Legal systems are best understood as highly complex and sophisticated tools for creating and applying plans. Shifting the focus of jurisprudence in this way—from rules to plans—not only resolves many of the most vexing puzzles about the nature of law but has profound implications for legal practice as well. Written in clear, jargon-free language, and presupposing no legal or philosophical background, Legality is both a groundbreaking new theory of law and an excellent introduction to and defense of classical jurisprudence.

Legitimacy and Legality in International Law

Legitimacy and Legality in International Law
Author: Jutta Brunnée
Publisher: Cambridge University Press
Total Pages:
Release: 2010-08-05
Genre: Law
ISBN: 1139491474

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It has never been more important to understand how international law enables and constrains international politics. By drawing together the legal theory of Lon Fuller and the insights of constructivist international relations scholars, this book articulates a pragmatic view of how international obligation is created and maintained. First, legal norms can only arise in the context of social norms based on shared understandings. Second, internal features of law, or 'criteria of legality', are crucial to law's ability to promote adherence, to inspire 'fidelity'. Third, legal norms are built, maintained or destroyed through a continuing practice of legality. Through case studies of the climate change regime, the anti-torture norm, and the prohibition on the use of force, it is shown that these three elements produce a distinctive legal legitimacy and a sense of commitment among those to whom law is addressed.