Discretion to Disobey: A Study of Lawful Departures from Legal Rules - Couverture rigide

Kadish, Mortimer R.; Kadish, Sanford H.

Couverture rigide

ISBN 10 : 0804708320 ISBN 13 : 9780804708326

Editeur : Stanford University Press, 1973

Synopsis

Book by Mortimer Raymond Kadish Sanford H Kadish

A propos du livre

Présentation de l'éditeur

Beyond civil disobedience and the citizen's power to protest and defy law, this book looks at rule departures actually sanctioned by law. This acclaimed study by philosophy professor Mortimer Kadish and law professor Sanford Kadish is a truly interdisciplinary inquiry into the idea of departing from the strict letter of the law in a way that, they argue, actually comports with both law and morality. An instant classic and source of debate when first published by Stanford University Press in 1973, this book still resonates on questions of rule violations for the greater good, jury nullification, police and prosecutor discretion not to arrest or charge, civil disobedience, and the very concept of rules. Both citizens and government actors, they write, hold the power and the right to deviate from law in certain contexts and yet not act illegally in a sense -- because law itself contains strands of adaptations to its own departures that the authors weave into a sustained jurisprudential point. As one reviewer soon wrote, "the paradoxical idea that a citizen or official may lawfully break the law" will surely "raise the hackles" of any legal positivist. Yet it remains a challenging idea well worth considering. This book, despite its reputation in the fields of law and philosophy, is actually accessible to fields and scholars beyond, and to citizens who are finding their rightful place among the powers of governmental institutions. Part of the Classics of Law & Society Series from Quid Pro, includes 2010 Notes by the series editor and is available in new high-quality digital formats as well.

Biographie de l'auteur

Late professor of philosophy at Case Western, joined by his brother Sanford, a law professor and former dean at Berkeley, in this recognized work. Both have long been acclaimed in the academic community for their evocative writings on criminal law and morality, and law review issues have been devoted to their scholarship.

Détails de l'édition

• Éditeur: Stanford University Press
• Date d'édition: 1973
• Langue: anglais
• ISBN 10: 0804708320
• ISBN 13: 9780804708326
• Reliure: Relié
• Nombre de pages: 256
• Coordonnées du fabricant: non disponible
• Personne responsable: non disponible