Law as a Means to an End: Threat to the Rule of Law

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Cambridge University Press, 2. okt. 2006
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The contemporary US legal culture is marked by ubiquitous battles among various groups attempting to seize control of the law and wield it against others in pursuit of their particular agenda. This battle takes place in administrative, legislative, and judicial arenas at both the state and federal levels. This book identifies the underlying source of these battles in the spread of the instrumental view of law - the idea that law is purely a means to an end - in a context of sharp disagreement over the social good. It traces the rise of the instrumental view of law in the course of the past two centuries, then demonstrates the pervasiveness of this view of law and its implications within the contemporary legal culture, and ends by showing the various ways in which seeing law in purely instrumental terms threatens to corrode the rule of law.
 

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Law as a Means to an End: Threat to the Rule of Law
Brian Z. Tamanaha
Ingen forhåndsvisning tilgjengelig - 2006
Law as a Means to an End: Threat to the Rule of Law
Brian Z. Tamanaha
Ingen forhåndsvisning tilgjengelig - 2006

Vanlige uttrykk og setninger

action activities administrative American Bar asserted benefit campaign cause litigation claim clients common law confirmed conflict conservative corporate critical Democratic doctrine economic ends Ethics favor federal final find first formalism formalist Horwitz ideal ideas identified ideological influence instrumental view interest groups interpretation issues judges judicial appointments Judicial Elections Judiciary Jurisprudence Justice Karl Llewellyn Lambda Legal law firms law professors law schools lawyers legal academics legal instrumentalism legal process Legal Realism legislation legislatures liberal lobbying lobbyists moral natural law nineteenth century non-instrumental views Office officials orientation political Posner Pound practice pragmatic President Press principles public choice theory public interest public interest litigation quoted Realists reason reflect reform Republican Robert Robert Bork role Roscoe Pound rule of law scientific significant skepticism social society specific statutes supra supra Chap Supreme Court theory thought understanding view of law vote Warren Court York

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Om forfatteren (2006)

Brian Z. Tamanaha is the Chief Judge Benjamin N. Cardozo Professor of Law at St. John's University School of Law. He delivered the inaugural Montesquieu Lecture (2004) at the University of Tilburg. He is the author of On the Rule of Law (Cambridge, 2004), Realistic Socio-Legal Theory (1997), and A General Jurisprudence of Law and Society (2001) which won the Herbert Jacob Book Prize in 2001. He has published many articles and is the Associate Editor of Law and Society Review.

Bibliografisk informasjon

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TittelLaw as a Means to an End: Threat to the Rule of Law
Law in Context
ForfatterBrian Z. Tamanaha
UtgiverCambridge University Press, 2006
ISBN1139459228, 9781139459228
  
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