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Administrative Justice at the Supreme Tribunal of the Apostolic Signatura and the United States Supreme Court: A Comparative Study
John J. Coughlin
Law, Person, and Community: Philosophical, Theological, and Comparative Perspectives on Canon Law takes up the fundamental question "What is law?" through a consideration of the interrelation of the concepts of law, person, and community. As with the concept of law described by secular legal theorists, canon law aims to set a societal order that harmonizes the interests of individuals and communities, secures peace, guarantees freedom, and establishes justice. At the same time, canon law rests upon a traditional understanding of the spiritual end of the human person and religious nature of community.
The comparison of one of the world's ancient systems of religious law with contemporary conceptions of law rooted in secular theory raises questions about the law's power to bind individuals and communities. Professor John J. Coughlin employs comparative methodology in an attempt to reveal the differing concepts of the human person reflected in both canon law and secular legal theory. Contrasting the contemporary positivistic view of law with the classical view reflected in canon law, Law, Person, and Community discusses the relationship between canon law, theology, and natural law. It also probes the interplay between the metaphysical and historical in the theory of law by an examination of canonical equity, papal authority, and the canon law of marriage. It juxtaposes the assumptions of canon law about church-state relations with those of the modern liberal state as exemplified by U.S. first amendment jurisprudence. No scholarly work has yet addressed this question of how the principles and substance of canon law, both past and present, relate to current issues in legal theory, such as the foundation of human rights and in particular the right of religious freedom for individuals and communities.
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The Federal Constitutional Court
Donald P. Kommers
The short study is designed to introduce Germany's Federal Constitutional Court. It describes the Court's origin and authority, examines its structure and procedures, and assesses its leadership and impact on German public life and politics.
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Germany and Its Basic Law
Donald P. Kommers
Revisions of papers presented at a conference held in Washington, Oct. 23-25, 1989, and co-sponsored by the Dreager-Stiftung and the American Institute for Contemporary German Studies.
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The Domestic Politics of German Unification
Donald P. Kommers
Book Chapter
Donald P. Kommers, The Basic Law Under Strain: Constitutional Dilemmas and Challenges, in Domestic Politics of German Unification 135 (Christopher Anderson, Karl Kaltenthaler, & Wolfgang Luthardt eds., 1993)
Prominent German and US scholars examine the domestic political events that led to the unification of the two German states. The authors analyse the breakdown of the East German regime, the electoral politics of the unification year, political parties and their strategies, political elites, and the rise of right-wing extremism. They also investigate the challenges and problems caused by the unexpectedly rapid unification process.
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International Law and the Use of Force
Mary Ellen O'Connell and Thomas Ehrlich
International Law and the Use of Force brings together cases and materials on the law governing the resort to armed force (jus ad bellum) and the law governing the conduct of force (jus in bello). It provides a dynamic introduction for students, scholars, and practitioners. The book explores the United Nations Charter rules and the Hague and Geneva Conventions as central to regulating armed forces. There are also chapters on the historic development of international law on the use of force and important cases from the last ten years.
Contents:
- The Iraqi invasion of Kuwait and the United States' invasion of Panama
- Introduction to international law and the use of force
- Sources of international law relevant to the use of force
- Institutions of international law relevant to the use of force
- International law rules on the use of force
- U.N. Charter
- Statute of the International Court of Justice
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Fifty Questions on the Natural Law: What It Is and Why We Need It, 1st ed.
Charles E. Rice
Charles Rice, professor of the jurisprudence of St. Thomas Aquinas for the last twenty years at Notre Dame Law School, presents a very readable book on the natural law as seen through the teachings of Aquinas and their foundations in reason and Revelation. Reflecting on the most persistent questions asked by his students over the years, Rice shows how the natural law works and how it is rooted in the nature of the human person whose Creator provided this law as a sure and knowable guide for man to achieve his end of eternal happiness. This book presents the teachings of the Catholic Church in her role as arbiter of the applications of the natural law on issues involving the right to live, bioethics, the family and the economy. Charles Rice has produced a firmly grounded and accessible handbook which touches on the most important topics regarding natural law that will benefit readers of all background
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"A" Level Law, 3rd ed.
Geoffrey Bennett, Brian Hogan, and Peter Seago
From the publisher: Offering a straightforward approach to the subjects required for A Level law, this textbook has been divided into extensive sections on the English legal system, criminal law and contract. It is specifically aimed at syllabus requirements of the Oxford and Joint Matriculation Examining Boards.
Series: Concise college texts
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Cases, Text and Problems on Federal Income Taxation, 3rd ed.
Alan Gunn and Larry D. Ward.
As with the previous ed.s, the authors have tried to prepare materials that will help students cope with a confusing mass of legislation by seeing the minutiae of the Code as reflections of basic concepts and recurring problems of income taxation. The authors continue to treat the income and deduction aspects of particular kinds of payments–especially interest–together, a technique they see as essential if students are to understand what is at stake in particular controversies.
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Abortion, Medicine, and the Law
Donald P. Kommers
Book Chapter
Donald P. Kommers, Law and Abortion in Six Countries: A Comparative Analysis, in Abortion, Medicine, and the Law 303 (J. Douglas Butler & David F. Walbert eds., 1992)
Collects a diversity of opinion on the legal, medical, and ethical aspects of the abortion controversy
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Potter v. Shrackle and the Shrackle Construction Co.: Problems and Case File
James H. Seckinger and Kenneth S. Broun
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