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Legality
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.
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Chinese Legality : Ideology, Law, and Institutions
Chinese Legality focuses on the concept of "legality" as a lens through which to look at Chinese legal reforms, making a valuable contribution to the argument that law has historically been used as a tool to control society in China.This book discusses how Chinese legality in the Xi Jinping era is defined from a theoretical, ideological, historical, and cultural point of view.Covering vitally important events such as Xi’s term limit issue, the Hong Kong protests and the Covid-19 pandemic, the book examines how legality is reflected and embodied in laws and constitutions, and how legality is realized through institutions, with particular focus on how the CCP interacts with the legislature, the judiciary, the procuratorate, and the police.As a study of the legal reforms under Xi Jinping, this book will be of interest to students and scholars of Chinese politics and law.
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EcoLaw : Legality, Life, and the Normativity of Nature
This book re-imagines law as ecolaw. The key insight of ecological thinking, that everything is connected to everything else – at least on the earth, and possibly in the cosmos – has become a truism of contemporary theory.Taking this insight as a starting point for understanding law involves suspending theoretical certainties and boundaries.It involves suspending theory itself as a conceptual project and practicing it as an embodied and material project.Although an ecological imagining of law can be metaphorical, and can be highly imaginative and suggestive, this book shows that it is also literal.Law is part of the material ‘everything’ that is connected to everything else.This means that once the previous certainties of legal thinking have been dismantled, it is after all possible to think of law as ‘natural’ – as embedded in and emergent from a normative biophysical nature.The book proposes that there exists a natural nomos: animals, plants, and Earth systems that produce their own values and norms from which human norms and laws emerge.This book, then, proposes a new way to understand law, and pursues specific arguments to demonstrate the feasibility of law as ecolaw. Drawing inspiration from current trends in the post-humanities, socioecological thought, and developments across the natural sciences in their specific intersections with humanities and social science disciplines, this book will appeal both to legal theorists and to others with interests in these areas.
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The Principle of Legality : A Moral Theory
It is a well-known tenet of public law that judges must interpret a statute consistently with common law rights and principles, unless that statute uses 'clear and express' language to license their violation of such rights and principles.This is the 'principle of legality'. But what rights and principles activate this rule of statutory construction?How explicit must statutory language be to permit the violation of common law rights?Is there a point at which a potential interference with common law principles is so egregious that even a clearly-worded statute cannot license it?The Principle of Legality: A Moral Theory develops a theory to help us engage with and answer these questions.Professor Conor Crummey challenges prevailing accounts of the principle of legality as a presumption about the intentions of the legislature.By engaging with debates in the philosophy of language and general jurisprudence, the book reveals the shortcomings of these existing theories. Through the lens of a non-positivist theory of general jurisprudence, The Principle of Legality demonstrates that judges, when invoking the principle of legality, are engaging in a complex process of moral reasoning.This innovative approach provides clear, satisfying answers to some of the most pressing and controversial questions in contemporary public law scholarship.
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What is a legality trap?
A legality trap refers to a situation where an individual or organization unknowingly violates a law or regulation due to a lack of understanding or awareness of the legal requirements. This can occur when the law is complex or constantly changing, making it difficult for people to stay informed and compliant. Falling into a legality trap can result in legal consequences, such as fines or legal action, even if the violation was unintentional. It is important for individuals and organizations to stay informed about relevant laws and regulations to avoid falling into a legality trap.
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What is the legality of potassium chlorate?
Potassium chlorate is legal to purchase and possess in many countries for certain uses, such as in fireworks, matches, and as an oxidizing agent in chemical reactions. However, it is also considered a hazardous substance due to its potential for misuse in the production of explosives and is regulated in some jurisdictions. It is important to check local laws and regulations regarding the purchase, possession, and use of potassium chlorate to ensure compliance with the law.
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Is the legality of voucher codes guaranteed?
The legality of voucher codes can vary depending on the terms and conditions set by the company offering them. In general, voucher codes are legal as long as they are obtained and used in accordance with the company's policies. It is important for consumers to read the terms and conditions associated with voucher codes to ensure they are using them correctly and not engaging in any fraudulent activity. If a voucher code is obtained through unauthorized means or used in a way that violates the company's policies, it may be considered illegal.
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What is the legality of shock sites?
Shock sites, which often contain graphic or disturbing content, are generally legal in many countries due to freedom of speech and expression laws. However, there are some limitations, such as laws against distributing obscene material or content that violates copyright or privacy laws. In some cases, the creators or distributors of shock sites may face legal consequences if the content violates these laws. Additionally, some countries have specific regulations or restrictions on certain types of content, such as child pornography or hate speech, which would make shock sites containing such content illegal.
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Killer Robots : Legality and Ethicality of Autonomous Weapons
Military robots and other, potentially autonomous robotic systems such as unmanned combat air vehicles (UCAVs) and unmanned ground vehicles (UGVs) could soon be introduced to the battlefield.Look further into the future and we may see autonomous micro- and nanorobots armed and deployed in swarms of thousands or even millions.This growing automation of warfare may come to represent a major discontinuity in the history of warfare: humans will first be removed from the battlefield and may one day even be largely excluded from the decision cycle in future high-tech and high-speed robotic warfare. Although the current technological issues will no doubt be overcome, the greatest obstacles to automated weapons on the battlefield are likely to be legal and ethical concerns.Armin Krishnan explores the technological, legal and ethical issues connected to combat robotics, examining both the opportunities and limitations of autonomous weapons.He also proposes solutions to the future regulation of military robotics through international law.
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Turkey's New State in the Making : Transformations in Legality, Economy and Coercion
Since the Gezi uprisings in June 2013 and AKP’s temporary loss of parliamentary supremacy after the June 2015 general elections, sharp political clashes, ascending police operations, extra-judicial executions, suppression of the media and political opposition, systematic violation of the constitution and fundamental human rights, and the one-man-rule of President Erdogan have become the identifying characteristics of Turkish politics.The failed coup attempt on 15th July 2016 further impaired the situation as the government declared emergency rule at the end of which a political regime defined as the “Presidential Government System” was established in July 2018. Turkey’s New State in the Making examines the historical specificities of the ongoing AKP-led radical state transformation in Turkey within a global, legal, financial, ideological, and coercive neoliberal context.Arguing that rather than being an exception, the new Turkish state has the potential to be a model for political transformations elsewhere, problematizing how specific policies the AKP adapted to refract social dispositions have been radically redefining the republican, democratic and secular features of the modern Turkish state.
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Teachers Learning : Professional Development and Education
A collaborative series with the University of Cambridge Faculty of Education highlighting leading-edge research across Teacher Education, International Education Reform and Language Education. Teachers Learning focuses on continuing teacher's professional development through accounts of recent enquiries.From presenting evidence and arguments about the teacher's role and profession, knowledge and knowledge creation, other organisations in the educational landscape, issues of power, status and development, this book highlights the crucial importance and effectiveness of teachers' learning benefitting pupils and classroom learning.
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Indirect Judicial Review in Administrative Law : Legality vs Legal Certainty in Europe
This book provides a comparative analysis of the concept and concrete application of the system of indirect review of administrative action.The indirect review of administrative action is a judicial review mechanism that permits re-visiting already settled administrative measures.As an indirect way of challenging the validity of a measure or act by attacking the legal basis on which it is founded, it can regard either general acts or individual acts and measures.This book explores whether the system of indirect review is a suitable remedy for modern administrative justice, assessing whether it fairly balances the legality and the legal certainty principles.It examines the tension between the two principles and seeks to establish what the standards of review are and whether a common European trend can be discerned by analysing the theory and practice from jurisdictions in Western and Eastern Europe, as well as the EU legal system.The book will be a valuable resource for academics, researchers and policy-makers working in the areas of Administrative Law, EU law, and Public Administration.
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What is the legality of the films on Archive.org?
The legality of the films on Archive.org varies. Many of the films on the website are in the public domain, meaning they are no longer protected by copyright and can be freely accessed and distributed. However, there are also films on Archive.org that are still under copyright protection. In these cases, the website may have obtained the necessary permissions to host and distribute the films, or the films may be available for streaming under fair use or other exceptions to copyright law. It is important for users to carefully review the copyright status of each film before accessing or using it.
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What is the legality of the means, not the end?
The legality of the means refers to whether the methods or actions used to achieve a certain end are in accordance with the law. This concept is important because even if the end result is desirable, if the means used to achieve it are illegal or unethical, then the end result may be invalidated. In other words, the end does not justify the means if the means are illegal. It is a fundamental principle in law and ethics that the means used to achieve a goal must be legal and ethical.
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What is the difference between confidentiality and the principle of legality?
Confidentiality refers to the obligation to keep certain information private and not disclose it to unauthorized individuals. This principle is often applied in professional settings, such as in healthcare or legal contexts, to protect sensitive information about clients or patients. On the other hand, the principle of legality refers to the requirement that all actions and decisions must be in accordance with the law. This principle ensures that individuals and organizations operate within the boundaries of the law and do not engage in illegal activities. In summary, confidentiality pertains to the protection of private information, while the principle of legality pertains to compliance with the law.
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Is the principle of officiality and the principle of legality still valid?
Yes, the principles of officiality and legality are still valid in many legal systems around the world. The principle of officiality emphasizes the importance of official documents and procedures in legal matters, while the principle of legality ensures that all actions taken by authorities are based on existing laws and regulations. These principles help maintain order, fairness, and accountability in legal processes. While there may be variations in how these principles are applied in different jurisdictions, they continue to play a crucial role in upholding the rule of law.
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