The Architecture of Law

The Architecture of Law

Author: Brian M. McCall

Publisher: University of Notre Dame Pess

Published: 2018-05-30

Total Pages: 475

ISBN-13: 0268103364

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This book argues that classical natural law jurisprudence provides a superior answer to the questions “What is law?” and “How should law be made?” rather than those provided by legal positivism and “new” natural law theories. What is law? How should law be made? Using St. Thomas Aquinas’s analogy of God as an architect, Brian McCall argues that classical natural law jurisprudence provides an answer to these questions far superior to those provided by legal positivism or the “new” natural law theories. The Architecture of Law explores the metaphor of law as an architectural building project, with eternal law as the foundation, natural law as the frame, divine law as the guidance provided by the architect, and human law as the provider of the defining details and ornamentation. Classical jurisprudence is presented as a synthesis of the work of the greatest minds of antiquity and the medieval period, including Cicero, Aristotle, Gratian, Augustine, and Aquinas; the significant texts of each receive detailed exposition in these pages. Along with McCall’s development of the architectural image, he raises a question that becomes a running theme throughout the book: To what extent does one need to know God to accept and understand natural law jurisprudence, given its foundational premise that all authority comes from God? The separation of the study of law from knowledge of theology and morality, McCall argues, only results in the impoverishment of our understanding of law. He concludes that they must be reunited in order for jurisprudence to flourish. This book will appeal to academics, students in law, philosophy, and theology, and to all those interested in legal or political philosophy.


Book Synopsis The Architecture of Law by : Brian M. McCall

Download or read book The Architecture of Law written by Brian M. McCall and published by University of Notre Dame Pess. This book was released on 2018-05-30 with total page 475 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that classical natural law jurisprudence provides a superior answer to the questions “What is law?” and “How should law be made?” rather than those provided by legal positivism and “new” natural law theories. What is law? How should law be made? Using St. Thomas Aquinas’s analogy of God as an architect, Brian McCall argues that classical natural law jurisprudence provides an answer to these questions far superior to those provided by legal positivism or the “new” natural law theories. The Architecture of Law explores the metaphor of law as an architectural building project, with eternal law as the foundation, natural law as the frame, divine law as the guidance provided by the architect, and human law as the provider of the defining details and ornamentation. Classical jurisprudence is presented as a synthesis of the work of the greatest minds of antiquity and the medieval period, including Cicero, Aristotle, Gratian, Augustine, and Aquinas; the significant texts of each receive detailed exposition in these pages. Along with McCall’s development of the architectural image, he raises a question that becomes a running theme throughout the book: To what extent does one need to know God to accept and understand natural law jurisprudence, given its foundational premise that all authority comes from God? The separation of the study of law from knowledge of theology and morality, McCall argues, only results in the impoverishment of our understanding of law. He concludes that they must be reunited in order for jurisprudence to flourish. This book will appeal to academics, students in law, philosophy, and theology, and to all those interested in legal or political philosophy.


Legal Architecture

Legal Architecture

Author: Linda Mulcahy

Publisher: Routledge

Published: 2010-12-16

Total Pages: 221

ISBN-13: 1136862196

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Legal Architecture addresses how the environment of the trial can be seen as a physical expression of our relationship with ideals of justice. It provides an alternative account of the trial, which charts the troubled history of notions of due process and participation. In contrast to visions of judicial space as neutral, Linda Mulcahy argues that understanding the factors that determine the internal design of the courthouse and courtroom are crucial to a broader and more nuanced understanding of the trial. Partitioning of the courtroom into zones and the restriction of movement within it are the result of turf wars about who can legitimately participate in the legal arena and call the judiciary to account. The gradual containment of the public, the increasing amount of space allocated to advocates, and the creation of dedicated space for journalists and the jury, all have complex histories that deserve attention. But these issues are not only of historical significance. Across jurisdictions, questions are now being asked about the internal configurations of the courthouse and courtroom, and whether standard designs meet the needs of modern participatory democracies: including questions about the presence and design of the modern dock; the ways in which new technologies threaten to change the dynamics of the trial and lead to the dematerialization of our primary site of adversarial practice; and the extent to which courthouses are designed in ways which realise their professed status as public spaces. This fascinating and original reflection on legal architecture will be of interest to socio-legal or critical scholars working in the field of legal geography, legal history, criminology, legal systems, legal method, evidence, human rights and architecture.


Book Synopsis Legal Architecture by : Linda Mulcahy

Download or read book Legal Architecture written by Linda Mulcahy and published by Routledge. This book was released on 2010-12-16 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal Architecture addresses how the environment of the trial can be seen as a physical expression of our relationship with ideals of justice. It provides an alternative account of the trial, which charts the troubled history of notions of due process and participation. In contrast to visions of judicial space as neutral, Linda Mulcahy argues that understanding the factors that determine the internal design of the courthouse and courtroom are crucial to a broader and more nuanced understanding of the trial. Partitioning of the courtroom into zones and the restriction of movement within it are the result of turf wars about who can legitimately participate in the legal arena and call the judiciary to account. The gradual containment of the public, the increasing amount of space allocated to advocates, and the creation of dedicated space for journalists and the jury, all have complex histories that deserve attention. But these issues are not only of historical significance. Across jurisdictions, questions are now being asked about the internal configurations of the courthouse and courtroom, and whether standard designs meet the needs of modern participatory democracies: including questions about the presence and design of the modern dock; the ways in which new technologies threaten to change the dynamics of the trial and lead to the dematerialization of our primary site of adversarial practice; and the extent to which courthouses are designed in ways which realise their professed status as public spaces. This fascinating and original reflection on legal architecture will be of interest to socio-legal or critical scholars working in the field of legal geography, legal history, criminology, legal systems, legal method, evidence, human rights and architecture.


The Michigan Law Quadrangle

The Michigan Law Quadrangle

Author: Kathryn Horste

Publisher: University of Michigan Press

Published: 1997

Total Pages: 172

ISBN-13: 9780472107490

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A delightful guidebook to one of Michigan's architectural gems


Book Synopsis The Michigan Law Quadrangle by : Kathryn Horste

Download or read book The Michigan Law Quadrangle written by Kathryn Horste and published by University of Michigan Press. This book was released on 1997 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: A delightful guidebook to one of Michigan's architectural gems


Legal Aspects of Architecture, Engineering and the Construction Process

Legal Aspects of Architecture, Engineering and the Construction Process

Author: Justin Sweet

Publisher: Cengage Learning

Published: 2012-01-01

Total Pages: 1088

ISBN-13: 9781111578718

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The primary focus of this text is to provide a bridge for students between the academic world and the real world. This bridge is built through an understanding of what is law, how law is created, how law affects almost every activity of human conduct, and how legal institutions operate. Intended mainly for architectural and engineering students, but increasingly for those in business schools and law schools, this text features a clear, concise, and jargon-free presentation. It probes beneath the surface of legal rules and uncovers why these rules developed as they did, outlines arguments for and against these rules, and examines how they work in practice. Updated with the most recent developments in the legal aspects of architectural, engineering, and the construction processes, this text is also a valuable reference for practitioners and has been cited in over twenty-five court decisions. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.


Book Synopsis Legal Aspects of Architecture, Engineering and the Construction Process by : Justin Sweet

Download or read book Legal Aspects of Architecture, Engineering and the Construction Process written by Justin Sweet and published by Cengage Learning. This book was released on 2012-01-01 with total page 1088 pages. Available in PDF, EPUB and Kindle. Book excerpt: The primary focus of this text is to provide a bridge for students between the academic world and the real world. This bridge is built through an understanding of what is law, how law is created, how law affects almost every activity of human conduct, and how legal institutions operate. Intended mainly for architectural and engineering students, but increasingly for those in business schools and law schools, this text features a clear, concise, and jargon-free presentation. It probes beneath the surface of legal rules and uncovers why these rules developed as they did, outlines arguments for and against these rules, and examines how they work in practice. Updated with the most recent developments in the legal aspects of architectural, engineering, and the construction processes, this text is also a valuable reference for practitioners and has been cited in over twenty-five court decisions. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.


The Public's Law

The Public's Law

Author: Blake Emerson

Publisher: Oxford University Press

Published: 2019-02-15

Total Pages: 304

ISBN-13: 0190682884

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The Public's Law is a theory and history of democracy in the American administrative state. The book describes how American Progressive thinkers - such as John Dewey, W.E.B. Du Bois, and Woodrow Wilson - developed a democratic understanding of the state from their study of Hegelian political thought. G.W.F. Hegel understood the state as an institution that regulated society in the interest of freedom. This normative account of the state distinguished his view from later German theorists, such as Max Weber, who adopted a technocratic conception of bureaucracy, and others, such as Carl Schmitt, who prioritized the will of the chief executive. The Progressives embraced Hegel's view of the connection between bureaucracy and freedom, but sought to democratize his concept of the state. They agreed that welfare services, economic regulation, and official discretion were needed to guarantee conditions for self-determination. But they stressed that the people should participate deeply in administrative policymaking. This Progressive ideal influenced administrative programs during the New Deal. It also sheds light on interventions in the War on Poverty and the Second Reconstruction, as well as on the Administrative Procedure Act of 1946. The book develops a normative theory of the state on the basis of this intellectual and institutional history, with implications for deliberative democratic theory, constitutional theory, and administrative law. On this view, the administrative state should provide regulation and social services through deliberative procedures, rather than hinge its legitimacy on presidential authority or economistic reasoning.


Book Synopsis The Public's Law by : Blake Emerson

Download or read book The Public's Law written by Blake Emerson and published by Oxford University Press. This book was released on 2019-02-15 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Public's Law is a theory and history of democracy in the American administrative state. The book describes how American Progressive thinkers - such as John Dewey, W.E.B. Du Bois, and Woodrow Wilson - developed a democratic understanding of the state from their study of Hegelian political thought. G.W.F. Hegel understood the state as an institution that regulated society in the interest of freedom. This normative account of the state distinguished his view from later German theorists, such as Max Weber, who adopted a technocratic conception of bureaucracy, and others, such as Carl Schmitt, who prioritized the will of the chief executive. The Progressives embraced Hegel's view of the connection between bureaucracy and freedom, but sought to democratize his concept of the state. They agreed that welfare services, economic regulation, and official discretion were needed to guarantee conditions for self-determination. But they stressed that the people should participate deeply in administrative policymaking. This Progressive ideal influenced administrative programs during the New Deal. It also sheds light on interventions in the War on Poverty and the Second Reconstruction, as well as on the Administrative Procedure Act of 1946. The book develops a normative theory of the state on the basis of this intellectual and institutional history, with implications for deliberative democratic theory, constitutional theory, and administrative law. On this view, the administrative state should provide regulation and social services through deliberative procedures, rather than hinge its legitimacy on presidential authority or economistic reasoning.


Legal Design

Legal Design

Author: Corrales Compagnucci, Marcelo

Publisher: Edward Elgar Publishing

Published: 2021-10-21

Total Pages: 264

ISBN-13: 183910726X

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This innovative book proposes new theories on how the legal system can be made more comprehensible, usable and empowering for people through the use of design principles. Utilising key case studies and providing real-world examples of legal innovation, the book moves beyond discussion to action. It offers a rich set of examples, demonstrating how various design methods, including information, service, product and policy design, can be leveraged within research and practice.


Book Synopsis Legal Design by : Corrales Compagnucci, Marcelo

Download or read book Legal Design written by Corrales Compagnucci, Marcelo and published by Edward Elgar Publishing. This book was released on 2021-10-21 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative book proposes new theories on how the legal system can be made more comprehensible, usable and empowering for people through the use of design principles. Utilising key case studies and providing real-world examples of legal innovation, the book moves beyond discussion to action. It offers a rich set of examples, demonstrating how various design methods, including information, service, product and policy design, can be leveraged within research and practice.


Architect's Legal Pocket Book

Architect's Legal Pocket Book

Author: Matthew Cousins

Publisher: Routledge

Published: 2015-08-14

Total Pages: 389

ISBN-13: 1317588703

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A little book that's big on information, the Architect's Legal Pocket Book is the definitive reference on legal issues for architects and architectural students. This handy pocket guide covers key legal principles which will help you to quickly understand the law and where to go for further information. Now in a fully updated new edition, this bestselling book covers a wide range of subjects focused on the UK including building legislation, negligence, liability, planning policy and development, listed buildings, party wall legislation, and rights of light. This edition also contains greater coverage of contracts including the RIBA contracts, dispute resolution and legal issues in professional practice. Illustrated with clear diagrams and featuring key cases, this is an invaluable source of practical information and a comprehensive guide of the current law for architects. It is a book no architect should be without.


Book Synopsis Architect's Legal Pocket Book by : Matthew Cousins

Download or read book Architect's Legal Pocket Book written by Matthew Cousins and published by Routledge. This book was released on 2015-08-14 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: A little book that's big on information, the Architect's Legal Pocket Book is the definitive reference on legal issues for architects and architectural students. This handy pocket guide covers key legal principles which will help you to quickly understand the law and where to go for further information. Now in a fully updated new edition, this bestselling book covers a wide range of subjects focused on the UK including building legislation, negligence, liability, planning policy and development, listed buildings, party wall legislation, and rights of light. This edition also contains greater coverage of contracts including the RIBA contracts, dispute resolution and legal issues in professional practice. Illustrated with clear diagrams and featuring key cases, this is an invaluable source of practical information and a comprehensive guide of the current law for architects. It is a book no architect should be without.


CANADIAN LAW OF ARCHITECTURE AND ENGINEERING.

CANADIAN LAW OF ARCHITECTURE AND ENGINEERING.

Author: BEVERLEY M. MCLACHLIN

Publisher:

Published: 2020

Total Pages:

ISBN-13: 9780433504979

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Book Synopsis CANADIAN LAW OF ARCHITECTURE AND ENGINEERING. by : BEVERLEY M. MCLACHLIN

Download or read book CANADIAN LAW OF ARCHITECTURE AND ENGINEERING. written by BEVERLEY M. MCLACHLIN and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:


Courthouse Architecture, Design and Social Justice

Courthouse Architecture, Design and Social Justice

Author: Kirsty Duncanson

Publisher: Routledge

Published: 2021-09-28

Total Pages: 174

ISBN-13: 0429594798

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This collection interrogates relationships between court architecture and social justice, from consultation and design to the impact of material (and immaterial) forms on court users, through the lenses of architecture, law, socio-legal studies, criminology, anthropology, and a former senior federal judge. International multidisciplinary collaborations and single-author contributions traverse a range of methodological approaches to present new insights into the relationship between architecture, design, and justice. These include praxis, photography, reflections on process and decolonising practice, postcolonial, feminist, and poststructural analysis, and theory from critical legal scholarship, political science, criminology, literature, sociology, and architecture. While the opening contributions reflect on establishing design principles and architectural methodologies for ethical consultation and collaboration with communities historically marginalised and exploited by law, the central chapters explore the textures and affects of built forms and the spaces between; examining the disjuncture between design intention and use; and investigating the impact of architecture and the design of space. The collection finishes with contemplations of the very real significance of material presence or absence in courtroom spaces and what this might mean for justice. Courthouse Architecture, Design and Social Justice provides tools for those engaged in creating, and reflecting on, ethical design and building use, and deepens the dialogue across disciplinary boundaries towards further collaborative work in the field. It also exists as a new resource for research and teaching, facilitating undergraduate critical thought about the ways in which design enhances and restricts access to justice.


Book Synopsis Courthouse Architecture, Design and Social Justice by : Kirsty Duncanson

Download or read book Courthouse Architecture, Design and Social Justice written by Kirsty Duncanson and published by Routledge. This book was released on 2021-09-28 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection interrogates relationships between court architecture and social justice, from consultation and design to the impact of material (and immaterial) forms on court users, through the lenses of architecture, law, socio-legal studies, criminology, anthropology, and a former senior federal judge. International multidisciplinary collaborations and single-author contributions traverse a range of methodological approaches to present new insights into the relationship between architecture, design, and justice. These include praxis, photography, reflections on process and decolonising practice, postcolonial, feminist, and poststructural analysis, and theory from critical legal scholarship, political science, criminology, literature, sociology, and architecture. While the opening contributions reflect on establishing design principles and architectural methodologies for ethical consultation and collaboration with communities historically marginalised and exploited by law, the central chapters explore the textures and affects of built forms and the spaces between; examining the disjuncture between design intention and use; and investigating the impact of architecture and the design of space. The collection finishes with contemplations of the very real significance of material presence or absence in courtroom spaces and what this might mean for justice. Courthouse Architecture, Design and Social Justice provides tools for those engaged in creating, and reflecting on, ethical design and building use, and deepens the dialogue across disciplinary boundaries towards further collaborative work in the field. It also exists as a new resource for research and teaching, facilitating undergraduate critical thought about the ways in which design enhances and restricts access to justice.


The Architecture of Law Courts

The Architecture of Law Courts

Author: Jon Wallsgrove

Publisher: Paragon Publishing

Published: 2019-11-06

Total Pages: 230

ISBN-13: 1782227024

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The Architecture of Law Courts explains the history, development and function of law courts, illustrating nearly 100 court buildings with in depth studies of 37 new law courts of the 21st century, which between them have won nearly 50 national and international design awards. It is a guide for the judiciary and architects around the world on how to design excellent law courts, but is also a fascinating guide for anyone interested in architecture and in this rarely published group of public buildings.


Book Synopsis The Architecture of Law Courts by : Jon Wallsgrove

Download or read book The Architecture of Law Courts written by Jon Wallsgrove and published by Paragon Publishing. This book was released on 2019-11-06 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Architecture of Law Courts explains the history, development and function of law courts, illustrating nearly 100 court buildings with in depth studies of 37 new law courts of the 21st century, which between them have won nearly 50 national and international design awards. It is a guide for the judiciary and architects around the world on how to design excellent law courts, but is also a fascinating guide for anyone interested in architecture and in this rarely published group of public buildings.