Law as a Means to an End : Threat to the Rule of Law

An instrumental view of law – the idea that law is a means to an end – is taken for granted in the United States, almost a part of the air we breathe. This operates in various ways: as an account of the nature of law, as an attitude toward law that professors teach students, as a form of constitu...

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Đã lưu trong:
Chi tiết về thư mục
Tác giả chính: Tamanaha, Brian Z
Định dạng: Sách
Ngôn ngữ:English
Được phát hành: Cambridge University Press 2013
Những chủ đề:
Law
Truy cập trực tuyến:http://scholar.dlu.edu.vn/thuvienso/handle/DLU123456789/35618
Các nhãn: Thêm thẻ
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Thư viện lưu trữ: Thư viện Trường Đại học Đà Lạt
Miêu tả
Tóm tắt:An instrumental view of law – the idea that law is a means to an end – is taken for granted in the United States, almost a part of the air we breathe. This operates in various ways: as an account of the nature of law, as an attitude toward law that professors teach students, as a form of constitutional analysis, as a theoretical perspective on law, as an orientation of lawyers in their daily practice, as a strategic approach of organized groups that use litigation to further their agendas, as a view toward judges and judging, as a perception of legislators and administrators when enacting laws or regulations. In all of these contexts, people see law as an instrument of power to advance their personal interests or the interests or policies of the individuals or groups they support. Today, law is widely viewed as an empty vessel to be filled as desired, and to be manipulated, invoked, and utilized in the furtherance of ends