Описание: This book makes a significant contribution to the ongoing global conversations on the various understandings of equality. It illuminates the many ways in which diverse equality guarantees clash, or are interrelated. It also sets out principled approaches on how they can be coherently interpreted to address the myriad inequalities in Kenya.
Taking a comparative approach, the book considers how other jurisdictions including the United States, United Kingdom, Canada, South Africa, India and Botswana have approached the conceptualisation, interpretation and application of various equality concepts.
The book focuses on important issues such as: - transformative constitutionalism in relation to the interpretation of Kenya's 2010 Constitution; - expanding the list of enumerated grounds for non-discrimination; - affirmative action; - accommodating religious and cultural diversity versus gender equality; - the interrelation between socio-economic rights and status-based equality
Автор: A. Daniel Oliver-Lalana Название: Conceptions and Misconceptions of Legislation ISBN: 3030120678 ISBN-13(EAN): 9783030120672 Издательство: Springer Рейтинг: Цена: 16769.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
This volume brings together an international group of legal scholars to discuss different approaches to lawmaking. As well as reflecting the diversity of legisprudence as a re-emerging academic field, it offers a broad overview of current developments and challenges in the theory of legislation, and aspires, moreover, to counterbalance some questionable ideas or misconceptions, widespread among jurists, on what making laws entails. The book is organized into three parts. The first comprises a sample of 'ways and models of legislation', ranging from classic legislative ideals to contemporary forms of regulation. The essays in this part, variances of focus notwithstanding, revolve around the notions of legislative rationality, quality, effectiveness, and legitimacy, which may be regarded as the cornerstones of legisprudence. Interwoven with these notions is another core legisprudential concern: the justification of laws. We address it separately in the next part by exploring the connection between lawmaking, argumentation and constitutional democracy: under the heading 'legislation in a culture of justification', a number of aspects of this connection are tackled that have not been sufficiently considered so far in legisprudential literature, such as the intricacies of legislative reasoning and balancing, or the justificatory problems posed by special-interest legislation. The under privileged status of legisprudence in legal studies and the need for socially attentive and citizen-oriented legislative research come to the fore in the third part of the book which turns to the relationships between 'legisprudence, lawyers, and citizens'. All in all, the thirteen articles gathered here provide a stimulating insight into the theory of legislation, and can hopefully contribute to the reconciliation of the study of law and the study of its making.
Автор: Angelo Fusari Название: Methodological Misconceptions in the Social Sciences ISBN: 9402401342 ISBN-13(EAN): 9789402401349 Издательство: Springer Рейтинг: Цена: 15372.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: In this detailed critique of scientific methodology in the social sciences, the aim is to develop a consistent approach applicable across a range of disciplines. It thus facilitates more reliable transmissibility of results between differing academic fields.
Автор: Hohfeld Wesley Название: Fundamental Legal Conceptions as Applied in Judicial ISBN: 1616190515 ISBN-13(EAN): 9781616190514 Издательство: Неизвестно Цена: 2200.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: A seminal contribution to modern jurisprudence Since his death Hohfeld's essays on the concepts of right and duty have been increasingly recognized for their significance as a foundation of thought on analytical jurisprudence. Posthumously collected and published by Yale University Press in 1964, the essays were originally published as two articles in the Yale Law Journal in 1913 and 1917 and are "...now a standard part of legal thinking." Walker, Oxford Companion to Law 575. This edition is distinguished by the foreword by Arthur L. Corbin, author of the renowned Corbin on Contracts. Wesley Hohfeld 1879-1918] was a professor of law at Stanford Law School and Yale Law School.
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