proportionality principles in american law controlling excessive government actions

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Proportionality Principles In American Law

Author : E. Thomas Sullivan
ISBN : 9780195324938
Genre : Law
File Size : 38. 22 MB
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From the ancient origins of Just War doctrine to contemporary theories of punishment, concepts of proportionality have long been an instrumental part of the rule of law and an essential check on government power. Two renowned legal scholars seek to advance such a theory.

Law Inequality

Author :
ISBN : UCR:31210024299032
Genre : Equality
File Size : 27. 5 MB
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The Arc Of Due Process In American Constitutional Law

Author : E. Thomas Sullivan
ISBN : 9780199990801
Genre : Law
File Size : 45. 65 MB
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In The Arc of Due Process in American Constitutional Law, Sullivan and Massaro identify the historical underpinnings of due process while describing the evolution of the American due process doctrine.

The Constitutional Structure Of Proportionality

Author : Matthias Klatt
ISBN : 9780199662463
Genre : Law
File Size : 53. 24 MB
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Proportionality is one of the most important principles in constitutional law, relevant throughout the law and in jurisdictions worldwide. Setting out the 'state of the art' in proportionality doctrine, this book combines theoretical reconstruction with case-law examples, defending and developing the dominant model of proportionality.

The Guide To American Law Supplement

Author : West Publishing Company
ISBN : 031403580X
Genre : Law
File Size : 59. 41 MB
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Of The First Principles Of Government

Author : David Hume
ISBN : 9781518338762
Genre : Political Science
File Size : 34. 4 MB
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David Hume (7 May 1711– 25 August 1776) was a Scottish philosopher, historian, economist, and essayist, known especially for his philosophical empiricism and skepticism. He is regarded as one of the most important figures in the history of Western philosophy and the Scottish Enlightenment. Hume is often grouped with John Locke, George Berkeley, and a handful of others as a British Empiricist. Beginning with his A Treatise of Human Nature (1739), Hume strove to create a total naturalistic "science of man" that examined the psychological basis of human nature. In stark opposition to the rationalists who preceded him, most notably Descartes, he concluded that desire rather than reason governed human behaviour, saying: "Reason is, and ought only to be the slave of the passions." A prominent figure in the skeptical philosophical tradition and a strong empiricist, he argued against the existence of innate ideas, concluding instead that humans have knowledge only of things they directly experience. Thus he divides perceptions between strong and lively "impressions" or direct sensations and fainter "ideas," which are copied from impressions. He developed the position that mental behaviour is governed by "custom"; our use of induction, for example, is justified only by our idea of the "constant conjunction" of causes and effects. Hume held notoriously ambiguous views of Christianity, but he famously challenged the argument from design in his Dialogues Concerning Natural Religion (1779).

U S Army Counterinsurgency Handbook

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ISBN : 9781602391727
Genre : History
File Size : 52. 57 MB
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The US Armys official playbook for deception on the worlds deadliest stage

The Ultimate Rule Of Law

Author : David M. Beatty
ISBN : 0199269807
Genre : Law
File Size : 20. 15 MB
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The Ultimate Rule of Law examines judgments of leading courts around the world on issues such as religious freedom, sex discrimination, and social and economic rights. Beatty develops a radical alternative to the conventional view that in deciding these cases judges engage in an essentially interpretative, and thus subjective act, relying ultimately on their personal beliefs and political opinions. Beatty's analysis shows that it is possible to apply an impartial and objective method of judicial review, based on the principle of proportionality, which acts as an ultimate rule of law and is fully compatible with the ideals of democracy and popular sovereignty.Readership: Scholars, practitioners, and students.

Books In Print 2009 2010

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ISBN : 0835250210
Genre : Publishers' catalogs
File Size : 61. 61 MB
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Just Sentencing

Author : Richard S. Frase
ISBN : 9780199757862
Genre : Law
File Size : 48. 98 MB
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This title presents a fully developed punishment theory which incorporates both utilitarian and retributive sentencing purposes. The author describes and defends a hybrid sentencing model that integrates theory and practice - blending and balancing both the competing principles of retribution and rehabilitation and the procedural concern of weighing rules against discretion.

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