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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| Formato: | Livro |
| Idioma: | English |
| Publicado em: |
Cambridge University Press
2013
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| Assuntos: | |
| Acesso em linha: | https://scholar.dlu.edu.vn/thuvienso/handle/DLU123456789/35618 |
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| Thư viện lưu trữ: | Thư viện Trường Đại học Đà Lạt |
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| Resumo: | 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 |
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