Pure Theory of Law
Author: Hans Kelsen
Publisher: The Lawbook Exchange, Ltd.
Kelsen, Hans. Pure Theory of Law. Translation from the Second German Edition by Max Knight. Berkeley: University of California Press, 1967. x, 356 pp. Reprinted 2005 by The Lawbook Exchange, Ltd. ISBN 1-58477-578-5. Paperbound. $36.95 * Second revised and enlarged edition, a complete revision of the first edition published in 1934. A landmark in the development of modern jurisprudence, the pure theory of law defines law as a system of coercive norms created by the state that rests on the validity of a generally accepted Grundnorm, or basic norm, such as the supremacy of the Constitution. Entirely self-supporting, it rejects any concept derived from metaphysics, politics, ethics, sociology, or the natural sciences. Beginning with the medieval reception of Roman law, traditional jurisprudence has maintained a dual system of "subjective" law (the rights of a person) and "objective" law (the system of norms). Throughout history this dualism has been a useful tool for putting the law in the service of politics, especially by rulers or dominant political parties. The pure theory of law destroys this dualism by replacing it with a unitary system of objective positive law that is insulated from political manipulation. Possibly the most influential jurisprudent of the twentieth century, Hans Kelsen [1881-1973] was legal adviser to Austria's last emperor and its first republican government, the founder and permanent advisor of the Supreme Constitutional Court of Austria, and the author of Austria's Constitution, which was enacted in 1920, abolished during the Anschluss, and restored in 1945. The author of more than forty books on law and legal philosophy, he is best known for this work and General Theory of Law and State. Also active as a teacher in Europe and the United States, he was Dean of the Law Faculty of the University of Vienna and taught at the universities of Cologne and Prague, the Institute of International Studies in Geneva, Harvard, Wellesley, the University of California at Berkeley, and the Naval War College.Also available in cloth.
The Right to Privacy
Author: Samuel D. Brandeis, Louis D. Warren
Publisher: BoD – Books on Demand
Reproduction of the original: The Right to Privacy by Samuel D. Warren, Louis D. Brandeis
On Crimes and Punishments
Author: Cesare Beccaria
Publisher: Transaction Publishers
Cesare Beccaria’s influential Treatise on Crimes and Punishments is considered a foundational work in the field of criminology. Three major themes of the Enlightenment run through the Treatise: the idea that the social contract forms the moral and political basis of the work’s reformist zeal; the idea that science supports a dispassionate and reasoned appeal for reforms; and the belief that progress is inextricably bound to science. All three provide the foundation for accepting Beccaria’s proposals. It is virtually impossible to ascertain which of several versions of the Treatise that appeared during his lifetime best reflected Beccaria’s thoughts. His use of many Enlightenment ideas also makes it difficult to interpret what he has written. While Enlightenment thinkers advocated free men and free minds, there was considerable disagreement as to how this might be achieved, except in the most general terms. The editors have based this translation on the 1984 Francioni text, the most exhaustive critical Italian edition of Dei delitti e delle pene. This edition is the last that Beccaria personally oversaw and revised. This translation includes an outstanding opening essay by the editors and is a welcome introduction to Beccaria and the beginnings of criminology.
The Exclusive Society
Author: Professor Jock Young
In this major new work, which Zygmunt Bauman calls a '"tour de force" of breathtaking erudition and clarity', Jock Young charts the movement of the social fabric in the last third of the twenthieth century from an inclusive society of stability and homogeneity to an exclusive society of change and division. Jock Young, one of the foremost criminologists of our time, explores exclusion on three levels: economic exclusion from the labour market; social exclusion between people in civil society; and the ever-expanding exclusionary activities of the criminal justice system. Taking account of the massive dramatic structural and cultural changes that have beset our society and relating these to the quantum leap in crime and incivilities, Jock Young develops a major new theory based on a new citizenship and a reflexive modernity.
Author: Chris DiBona, Sam Ockman
Publisher: "O'Reilly Media, Inc."
Freely available source code, with contributions from thousands of programmers around the world: this is the spirit of the software revolution known as Open Source. Open Source has grabbed the computer industry's attention. Netscape has opened the source code to Mozilla; IBM supports Apache; major database vendors haved ported their products to Linux. As enterprises realize the power of the open-source development model, Open Source is becoming a viable mainstream alternative to commercial software.Now in Open Sources, leaders of Open Source come together for the first time to discuss the new vision of the software industry they have created. The essays in this volume offer insight into how the Open Source movement works, why it succeeds, and where it is going.For programmers who have labored on open-source projects, Open Sources is the new gospel: a powerful vision from the movement's spiritual leaders. For businesses integrating open-source software into their enterprise, Open Sources reveals the mysteries of how open development builds better software, and how businesses can leverage freely available software for a competitive business advantage.The contributors here have been the leaders in the open-source arena: Brian Behlendorf (Apache) Kirk McKusick (Berkeley Unix) Tim O'Reilly (Publisher, O'Reilly & Associates) Bruce Perens (Debian Project, Open Source Initiative) Tom Paquin and Jim Hamerly (mozilla.org, Netscape) Eric Raymond (Open Source Initiative) Richard Stallman (GNU, Free Software Foundation, Emacs) Michael Tiemann (Cygnus Solutions) Linus Torvalds (Linux) Paul Vixie (Bind) Larry Wall (Perl) This book explains why the majority of the Internet's servers use open- source technologies for everything from the operating system to Web serving and email. Key technology products developed with open-source software have overtaken and surpassed the commercial efforts of billion dollar companies like Microsoft and IBM to dominate software markets. Learn the inside story of what led Netscape to decide to release its source code using the open-source mode. Learn how Cygnus Solutions builds the world's best compilers by sharing the source code. Learn why venture capitalists are eagerly watching Red Hat Software, a company that gives its key product -- Linux -- away.For the first time in print, this book presents the story of the open- source phenomenon told by the people who created this movement.Open Sources will bring you into the world of free software and show you the revolution.
In this path-breaking book, David Garland argues that punishment is a complex social institution that affects both social relations and cultural meanings. Drawing on theorists from Durkheim to Foucault, he insightfully critiques the entire spectrum of social thought concerning punishment, and reworks it into a new interpretive synthesis. "Punishment and Modern Society is an outstanding delineation of the sociology of punishment. At last the process that is surely the heart and soul of criminology, and perhaps of sociology as well—punishment—has been rescued from the fringes of these 'disciplines'. . . . This book is a first-class piece of scholarship."—Graeme Newman, Contemporary Sociology "Garland's treatment of the theorists he draws upon is erudite, faithful and constructive. . . . Punishment and Modern Society is a magnificent example of working social theory."—John R. Sutton, American Journal of Sociology "Punishment and Modern Society lifts contemporary penal issues from the mundane and narrow contours within which they are so often discussed and relocates them at the forefront of public policy. . . . This book will become a landmark study."—Andrew Rutherford, Legal Studies "This is a superbly intelligent study. Its comprehensive coverage makes it a genuine review of the field. Its scholarship and incisiveness of judgment will make it a constant reference work for the initiated, and its concluding theoretical synthesis will make it a challenge and inspiration for those undertaking research and writing on the subject. As a state-of-the-art account it is unlikely to be bettered for many a year."—Rod Morgan, British Journal of Criminology Winner of both the Outstanding Scholarship Award of the Crime and Delinquency Division of the Society for the Study of Social Problems and the Distinguished Scholar Award from the American Sociological Association's Crime, Law, and Deviance Section
What Are My Chances?
Author: Margie Burton, Cathy French, Tammy Jones
Publisher: Benchmark Education Company
This book is about the ways numbers are used in everyday life.
This classic work of constitutional theory analyzes the general structure of constitutional rights and their judicial application. It deals with a wide range of problems common to all systems of constitutional rights review - from balancing rights to deciding the limits of their scope.
Hans Kelsen is considered by many to be the foremost legal thinker of the twentieth century. During the last decade of his life he was working on what he called a general theory of norms. Published posthumously in 1979 as Allgemeine Theorie der Normen, the book is here translated for the first time into English. Kelsen develops his "pure theory of law" into a "general theory of norms", and analyzes the applicability of logic to norms to offer an original and extreme position which some have called "normative irrationalism". Examining the views of over 200 philosophers and legal theorists on law, morality, and logic, and revising several of his own earlier positions, Kelsen's final work is a mandatory resource for legal and moral philosophers.
Author: Niklas Luhmann
Asking, Why, or in what circumstances, ought we to obey the law?, this work focuses on the common view that disobedience to the law, while justifiable in a dictatorship, is much more difficult to justify in a democracy. It then develops a theory of political obligation in an ideal democracy.