The greatest obstacle to rule of law in our time, contends the author of this thought-provoking work, is the problem of overlegislation.
Author: Bruno Leoni
The greatest obstacle to rule of law in our time, contends the author of this thought-provoking work, is the problem of overlegislation. In modern democratic societies, legislative bodies are increasingly usurping functions that were and should be exercised by individuals or groups rather than government. The result is an unwieldy surfeit of laws and regulations that by their sheer volume stifle individual freedom.
The Moral Reading of the American Constitution Ronald Dworkin. J FREEDOM'S LAW THE MORAL READING OF THE AMERICAN CONSTITUTION T.
Author: Ronald Dworkin
Dworkin argues that Americans have been systemically misled about what their Constitution is and how judges decide what it means. What does its abstract language mean when it is applied to the political controversies that divide Americans--about affirmative action, euthanasia, censorship, pornography, and homosexuality, for example? Is the moral reading of the Constitution--the only reading that really makes sense--really undemocratic? In this fascinating book, Dworkin discusses these and other aspects of the document.
Paul approaches the rule of law and its role in relation to love and freedom with deep ambivalence. Even as he acknowledges the role and rule of law, he simultaneously imagines a world beyond law: he wants to be 'both under law and ...
Author: Joshua Neoh
Publisher: Cambridge University Press
Moving from monasticism to constitutionalism, and from antinomianism to anarchism, this book reveals law's connection with love and freedom.
This book analyses the rise to prominence of international religious freedom within the context of US foreign policy showing how this has also influenced other states and the EU. It compares and contrasts the emerging Western consensus with ...
Author: Pasquale Annicchino
Publisher: ICLARS Series on Law and Religion
This book analyzes the promotion and protection of freedom of religion in the international arena with a particular focus on the role and influence of the US International Religious Freedom Act, 1998. It also investigates the impact of the IRFA on the legislation and policies of third countries and the EU. The book develops the story of the protection of religious freedom through foreign policy by showing how religious laws affect and shape a more communitarian dimension of the notion of freedom of religion which stands in contrast with a traditionally Western individualistic understanding of the right. It is argued that it is still possible to defend the unstable category of freedom of religion or belief especially when major violations are at stake. The book presents a balanced contribution to the academic debate on the promotion and protection of religious freedom. The comparative approach and interdisciplinary methodology make it a valuable resource for academics, students and policy-makers in Law, International Relations and Strategic Studies.
Because she failed to inform her superiors of the religious nature of the writings and seek an accommodation, she was unable to take advantage of religious freedom laws that might otherwise be available to her.19 5.
Author: Grzegorz Blicharz
Publisher: Wydawnictwo Instytutu Wymiaru Sprawiedliwości
Freedom of Religion. A Comparative Law Perspective consists of five chapters, looking at freedom of religion, particularly the display of religious symbols, in Poland, Italy, Hungary, and the United States. It provides a concise and very insightful look into the legal regimes of four nations, allowing reader to get a solid comparative view of public religious displays in these countries. Each chapter has sufficient depth and overall this edited volume will be a useful resource to scholars and jurists in this area. Dr. James C. Phillips, Stanford University’s Constitutional Law Center The presented volume leads to an in-depth reflection on the issue of the display of religious symbols in the public sphere, which is widely discussed today. Most of the articles prove that secularism of the contemporary state ruled by law targets Christian symbolism (cross, cradle, the Decalogue). Christian religious symbols shall always be inscribed in the temporal order, otherwise they have no chance to be displayed in the public sphere. In this way, the rights of Catholic believers, as one of the dominant religious groups, are restricted in the name of the protection of religious and areligious minorities. As a result, the aim is to bring about the actual equality of all religions and – ultimately – the final removal of the Christian tradition from Western culture. Against this background, Polish (as well as Hungarian and Italian) judicial decisions present a different approach, which – as the authors of the volume prove – presents a position in favour of the presence of religious symbolism in the public sphere. The multifaceted evaluation of the inconsistency, casuistry and nuance of the jurisprudence of the US Supreme Court is extremely creative and interesting. It allows to conclude that the jurisprudence of the US Supreme Court, which usually limits the presence of religious symbols in the public forum, has not yet become universally binding. The pluralism of philosophical and religious attitudes still constitutes the axiological core of American democracy. Prof. dr hab. Andrzej Dziadzio, Jagiellonian University in Kraków
This volume of new essays by eminent legal historians offers fresh perspectives on freedom of contract in both senses of the term, and considers how economic freedom relates to such classic political freedoms as free speech and other Anglo ...
Publisher: Stanford University Press
The relationship of law to economic freedom has been a vital element in the history of all modern democratic societies. "Freedom of contract" is both a technical term in law, referring to private agreements and promises, and a metaphor often deployed to describe economic liberty. This volume of new essays by eminent legal historians offers fresh perspectives on freedom of contract in both senses of the term, and considers how economic freedom relates to such classic political freedoms as free speech and other Anglo-American constitutional norms. The principal focus of the essays is on broad issues of policy and law, rather than on narrow considerations of legal doctrine. All the contributors reject stereotypes that pervade the existing literature about the allegedly unalloyed individualism of the common law, and show how active state interventions of various kinds have shaped contract law in relation to social change throughout our legal history. Equally, however, they reject shibboleths regarding "bringing the state back in," and take a hard look at the claims of statist ideology regarding the norms and rules that have established the legal boundaries of liberty in the modern industrial and post-industrial eras. The topics covered are Blackstone's claim that property was the "despotic dominion of the private owner" (A. W. B. Simpson), labor and contract (John V. Orth), the influence of philosophical trends on legal innovations (James Gordley), contract and individualism (David Lieberman), the tradition of public rights (Harry N. Scheiber), the formal concept of "liberty of contract" in American law (Charles McCurdy), the interwoven history of labor law and contract law (Arthur McEvoy), public policy in relation to natural resources (Donald Pisani), and globalization of freedom of contract (Martin Shapiro).
This book presents an analysis of the current controversies relating to freedom for religion and freedom from religion.
Author: Brett G. Scharffs
This book presents an analysis of the current controversies relating to freedom for religion and freedom from religion. It looks closely on select issues and contexts to provide detailed snapshots of the ways in which freedom for and from religion are conceptualized, protected, neglected, and negotiated in diverse situations and locations.
The transfer of companies’ registered office about production activities of goods and services, it is an operation in which both the EU doctrine and case law have increasingly been converging during last decade.
Author: Diana Druta
Publisher: Diana Druta
The transfer of companies’ registered office about production activities of goods and services, it is an operation in which both the EU doctrine and case law have increasingly been converging during last decade. It matches to the phenomenon of company’s “localization” (and de-localization) as a strategic leverage for managing issues into European economic system. The practice is clearly recalling the companies’ freedom of establishment for economic reasons (and tax) as the engine of the European integration that guarantees to companies the way to survive to a global market and the possibility to develop their economic strategy as well as the greater competition with foreign companies.