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1. Invisible Contracts: law as legalized slavery - George Mercier 1984
This is George Mercier's monumental book Invisible Contracts (1984) which is probably the biggest expose of obvious and not so obvious (read: secret) contracts between Man and his Government that have throughout history put the whole humanity in endless legal bondage because of some written words on pieces of paper. Whenever there is an exchange of benefits and there remain some lingering expectations of some duty between two parties, then an actual INVISIBLE CONTRACT is in effect, as it is said that the duty owed back to the party initially transferring the benefits is RECIPROCAL in nature. Example #1: If you sell a business to someone you enter into a continuing restriction to not turn around and build up the same duplicate business that was just sold; this would be a Covenant [a binding agreement] Not to Compete - an invisible contract. Example #2: Bank account instruments are conclusive evidence of Taxpayer Status by virtue of participation in the closed private domain of INTERSTATE COMMERCE. One of the reasons why lawyers try and raise numerous subclassifications of Tort up to the main level of Tort and Contract, is because they do not see the invisible contracts that are often quietly in effect, correctly overruling Tort Law intervention, since an examination of the factual setting seems void of any contract. Life is filled with "invisible contracts" and is important to know and understand what they are and how they affect you in your life and your day-to-day business. By the end of this book, you will see many invisible contracts for what they really are, and you will see how to identify the indicia that create invisible contracts. Example by example it provides the actual explanation of those tricky words that are used in contracts only to confuse the profane and put a chain around your neck forever. Did you know that: - your birth certificate is actually a contract between your mother and the government (we are government property the moment we come out of the womb) - the US Constitution is essentially a renamed enactment of English Common Law - private agreements will always overrule the Constitution and the Bill of Rights - the reason why the Constitution does not apply is because the Judge is merely enforcing private agreements the defendant signed with the Secretary of the Treasury Invisible Contracts is extensively documented and extremely revealing book that proves beyond a shadow of a doubt that all this law bussiness was created only to enslave humanity. With this amazing masterpiece you now hold a powerful weapon against "the law", a completely artificial system that should make us all more free and safe but is in reality an enormous apparatus of legalized slavery. As all this legal propaganda becomes transparent to your eyes you will all of a sudden begin to see the system of contracts as chains waiting to be hung around your neck. 270 pages. A must read for everyone.
2. THE AMERICAN LANGUAGE OF RIGHTS - RICHARD A.PRIMUS 2004
This book is a major contribution to contemporary political theory, of interest to scholars and students in politics and government, constitutional law, and American history." Yale Law Report "This book examines three periods in American history - the late eighteenth century, the Civil War, and the 1950s and 1960s - to demonstrate how the conceptions of rights prevailing during these times grew from reactions to social and political crises. Conceptualizing rights langage as grounded in opposition to concrete social and political practices, Primus explores the potency of rights language throughout American history and the impact of modern totalitarianism on American conceptions of rights." Law and Social Inquiry
3. Law in the United States,2nd Edition - Arthur T. von Mehren 2007
Law in the United States, Second Edition, is a concise presentation of the salient elements of the American legal system designed mainly for jurists of civil law backgrounds. It focuses on features of American law likely to be least familiar to jurists from other legal traditions, such as American common law, the federal structure of the U.S. legal system, and the American constitutional tradition. The use of comparative law technique permits foreign jurists to appreciate the American legal system in comparison with legal systems with which they are already familiar. Chapters in the second edition also cover such topics as American civil justice, criminal law, jury trial, choice of laws and international jurisdiction, the American legal profession, and the influence of American law in the global legal order.
4. An Introduction to Rights: Cambridge Introductions to Philosophy and Law - William A. Edmundson 2005
The book's strength lies in its intellectual rigor. William Edmundson starts at some specific notion of rights and follows its reasoning to the end: either the reader sees the final consequences or Edmundson sees the arrival of a new question. Or he begins with the contrast between two apparently similar ideas, and then follows this contrast as far as it will go. The result is a fertile field for classroom discussions.
5. THE CONSTITUTION OF LAW: Legality in a Time of Emergency - David Dyzenhaus 2006
Is theruleoflawoptionalforliberaldemocraticsocieties?Inthewakeof
theattacksontheUnitedStateson11September2001,theBushadminis-
trationseemedtosaythatitis.AndinthewakeoftheattacksonLondon
inJulyof2005,TonyBlairhasindicatedthattheruleoflawisaluxury,
dispensablewhenthegoinggetsrough.Inparticular,hehasindicated
thatjudgeshavetobereinedinfromtheirdispositiontoenforcetherule
oflawagainsttheexecutive,evenifthisrequiresbothlegislatinghowthey
aretobalancelibertyagainstsecurityandamendingtheHumanRights
Act 1998.Incontrast,theSpanishgovernmentelectedintheimmediate
aftermathoftheattacksonMadridon11March2004didnotsee?tto
renegeonacommitmenttotheruleoflaw.
Blair’scomments?twithinatrendwherebymanyliberaldemocra-
ciessince9/11haveusedeitherlegislationorexecutiveordertocreatea
varietyoflegalblackholes,situationsinwhichindividualssuspectedof
beingthreatstonationalsecurityaredetainedinde?nitely.IntheUnited
Kingdom,theyweredetainedbecause,whiletheywerealienswhowould
ordinarilybedeportedafteradeterminationthattheythreatenedsecurity,
thegovernmentiscommittedtonotdeportinganyonetoacountrywhere
thatpersonfacesaseriousriskoftorture.Inthissituation,thegovern-
ment’srespectforonehumanright–therightnottobetortured–leads
to anindividualbeingstrippedofanotherhumanright,thatistheright
nottobedetainedexceptforcertainlegitimatepurposes,forexample,
thatoneisawaitingtrialonacriminalchargeorthatone’sdeportationis
imminent.Thus,whentheUnitedKingdomamendeditsanti-terrorism
lawtoprovideforthiskindofsituation,italsoexpresslyderogatedin
advancefromitsdomesticandinternationalhumanrightscommitments
inregardtodetention.
6. Truth, Error, and Criminal Law: An Essay in Legal Epistemology - Larry Laudan 2006
This book treats problems in the epistemology of the law. Beginning with the premise that the principal function of a criminal trial is to find out the truth about a crime, Larry Laudan examines the rules of evidence and procedure that would be appropriate if the discovery of the truth were, as higher courts routinely claim, the overriding aim of the criminal justice system. Laudan mounts a systematic critique of existing rules and procedures that are obstacles to that quest. He also examines issues of error distribution by offering the first integrated analysis of the various mechanisms-the standard of proof, the benefit of the doubt, the presumption of innocence and the burden of proof-for implementing society's view about the relative importance of the errors that can occur in a trial.
7. Legal Reason: The Use of Analogy in Legal Argument - Lloyd L. Weinreb 2005
The author displays a rare ability to be concise and convincing, precise and gripping, ensuring that this book will serve as both a thought-provoking work to those familiar with legal thought and jurisprudence, and as an approachable book to legal novices.' Harvard Law Review 'Analogical reasoning is at the heart of the law - central to both judicial reasoning and legal education. Yet it has prominent doubters among both judges and legal academics. In Legal Reason, Lloyd Weinreb offers an excellent and much needed analysis and defense of analogical reasoning, one that will prove very valuable to law students and legal scholars alike.' Brian Bix, University of Minnesota School of Law 'Lloyd Weinreb has written a wonderful guide to the nature of legal reasoning, one that will appeal to a diverse audience of legal scholars, law students, psychologists, sociologists, and historians. His presentation is clear, his arguments are compelling, and his perspective is truly unique. This book promises to become a landmark in the study of the law.' Deborah Denno, Fordham Law School 'Lloyd Weinreb's new book deserves the widest possible audience. Law students struggling with basic tactics, lawyers searching for the better argument, and general readers questioning the ways of the law will all find their answers in this lucid and exciting presentation of the legal mind at work
8. Legal Ethics and Human Dignity - David Luban 2007
David Luban is one of the world's leading scholars of legal ethics. In this collection of his most significant papers he ranges over such topics as the moral psychology of organisational evil, the strengths and weaknesses of the adversary system, and jurisprudence from the lawyer's point of view. His discussion combines philosophical argument, legal analysis and many cases drawn from actual law practice, and he defends a theory of legal ethics that focuses on lawyers' role in enhancing human dignity and human rights. In addition to an analytical introduction, the volume includes two major previously unpublished papers, including a detailed critique of the US government lawyers who produced the notorious 'torture memos'. It will be of interest to a wide range of readers in both philosophy and law
9. In the Common Defense: National Security Law for Perilous Times - James E. Baker 2007
Americans want the government to protect them, and they want to be protected from their own government. These two imperatives must coexist. Baker argues persuasively that not only can they coexist, they can reinforce each other." John J. Hamre, President and CEO, Center for Strategic and International Studies "Judge Jamie Baker very ably tackles the central challenge facing our country in the post-9/11 world ensuring our physical security while preserving the integrity of our Constitution and the principles it enshrines." The Honorable William S. Cohen, former Senator and Secretary of Defense "This splendid book should be read by anyone who cares about national security and the law. Jamie Baker has written a clear, thoughtful, and inspiring book that gives the reader an appreciation for national security law and process from the inside out. The book ably explains the substance of the law while placing equal emphasis on the practice of law, and the importance of integrity and courage to that practice. Drawing on his own experience, Baker demonstrates that one can be loyal to our Constitution and the rule of law at the same time that one is dedicated to protecting the physical security of our nation." Janet Reno, Attorney General, Clinton Administration "Judge Baker's book on national security law and process is important reading for policymakers and any citizen interested in America's security. His analysis is clear, compelling, and accessible to the public at large, not just lawyers. Baker's book demonstrates why nonproliferation must form the essential core of U.S. national security law and policy. Baker draws upon his own experiences to demonstrate that the rule of law is not just about liberty, but also about our moral authority and is therefore an essential element of our nation's security." The Honorable Sam Nunn, Former U.S. Senator, currently Co-Chairman of the Nuclear Threat Initiative "Jamie Baker has done a masterful job of simplifying the complex world of the national security process and the applicable laws that govern. A must read for all, lawyers and laymen, interested in the complexities of issues confronting us in the global war on terror." Henry H. Shelton, General USA (Ret), 14th Chairman, Joint Chiefs of Staff "National security law and process matter. Indeed, they are central to effective foreign policy. This superb overview of these critical issues is must reading for all concerned with American leadership in a dangerous world." John Norton Moore, Professor of Law and Director of the Center for National Security Law, University of Virginia; former four term Chairman of the American Bar Association Standing Committee on National Security Law
10. Cases and Materials on the English Legal System: Law in Context - Michael Zander 2007
This title, a companion volume to The Law Making Process, is the definitive collection of cases and materials on the workings of the English legal system. Written by the foremost scholar in the field, it surveys how the law functions from the trial process (from pre-trial proceedings to the funding of trials), the role of the jury, and the legal profession. This edition takes account of all recent major legislative and judicial changes and updates the material on the established areas of the law. The book takes a 'law in context' approach, setting out those factors beyond the legal environment which impact on and inform the changes within it. The collection is required reading for all students seeking a thorough knowledge and in-depth understanding of how the English legal system operates.
11. GOD vs. THE GAVEL: RELIGION AND THE RULE OF LAW - Marci A. Hamilton & Edward R. Becker 2005
In this intelligent and forcefully argued book, Hamilton, a self-professed former "Polyanna" when it comes to religion, explores the thorny conflicts between religion and society, detailing how some religious groups and institutions misuse laws intended to protect religious freedoms to justify child abuse, employment discrimination and other ills. She is vocal in her criticism of efforts to exempt religious groups from the laws secular organizations must abide by, saving particular disdain for deal-making lawmakers, whom she compares to "hear-no-evil, see-no-evil, speak-no-evil monkeys." Hamilton dedicates about half of the book to examining six broad areas where religious groups enjoy special treatment-from marriage laws to preferential treatment within prisons to land use and local zoning ordinances. Passionately argued throughout, the book seems almost like Hamilton's atonement for her previous stance on these issues. (She quotes herself in the opening as having written 11 years ago that "the exercise of religion should trump most governmental regulation.") Certainly of interest to those in the judicial and legislative realms, Hamilton has written this book for the average reader, though some may be confused by the myriad legal precedents and her descriptions of legislative maneuvering.
12. On Philosophy in American Law - Francis J. Mootz III 2009
In recent years there has been tremendous growth of interest in the connections between law and philosophy, but the diversity of approaches that claim to be working at the intersection of philosophy and law might suggest that this area of inquiry is so fractured as to be incoherent. This volume gathers 38 leading scholars working in law and philosophy to provide focused and straightforward articulations of the role that philosophy might play at this juncture of American legal history. The volume marks the 75th anniversary of Karl Llewellyn's essay "On Philosophy in American Law," in which he rehearsed the broad development of American jurisprudence, diagnosed its contemporary failings, and then charted a productive path opened by the variegated scholarship that claimed to initiate a realistic approach to law and legal theory. The essays are written in the spirit of Llewellyn's article: they are succinct and direct arguments about the potential for bringing law and philosophy together.
13. Law's Task - Louis E. Wolcher 2008
What is the ultimate task of law? This deceptively simple question guides this volume towards a radically original philosophical interpretation of law and justice. Weaving together the philosophical, jurisprudential and ethical problems suggested by the general terms thinking, human suffering, legal meaning, time and tragedy, the book places the idea of law's ultimate task in the context of what actually happens when people seek to do justice and enforce legal rights in a world that is inflected by the desperation and suffering of the many. It traces the rule of law all the way down to its most fundamental level: universal human suffering.The book argues that what we ordinarily call 'law' and 'justice' are most properly viewed not as objects, ideas, or even institutions, but rather as mere linguistic signs and ephemeral images woven into the temporal event of dividing universal human suffering into parts: the lawful and the unlawful, the just and the unjust, and the right and the wrong. Yet the very event of noticing and labelling some kinds of suffering as 'unjust' ignores and generates other kinds of suffering. Although law's tendency towards partiality and brutality is useful for maintaining existing relations of domination and resistance in society, it remains ethically invisible to those who actually perform law's task on a day-to-day basis.As Jesus is said to have alleged of the Romans, modern day law-doers quite literally do not know what they are doing. The book's most fundamental message is that the practitioners of law and justice participate in a human tragedy - a sort of fellowship of sadness - and that their pitiable attempts to provide foundational accounts of legal practice represent a hopeless effort to evade their existential and ethical responsibility for each and every legal outcome in which they participate.
14. The Crisis of Imprisonment: Protest, Politics, and the Making of the American Penal State, 1776-1941 - Rebecca M. McLennan 2008
"Deeply researched and deeply reflective, The Crisis of Imprisonment redefines the central themes of 19th and early 20th century American prison history. Its story of the rise and fall of contractual penal servitude shows how questions of imprisonment, prison labor, and the treatment of prisoners lay at the heart of ongoing struggles over the meaning of freedom and unfreedom in America. Few scholars have succeeded so well in tracing the reciprocal relations between the institutions of punishment and the broader fields of economic and political power with which they are connected. Written with clarity and conviction, this is a major new work on the formation of the American penal state." - David Garland, New York University "Although there have been several fine studies of the thinking and influence of American prison reformers, McLennan has written a revealing study of the impact of popular politics, and especially of the prisoners themselves on the shaping and reshaping of state prison systems. She helps us understand the huge prison business of our times by analyzing controversies and prison revolts that led first to the development of contract prison labor then to its abolition in the nineteenth and early twentieth centuries." - David Montgomery, Yale University "A timely, penetrating look into the horrors of the nineteenth-century prison system, its brutal-and brutalizing-convict labor system, and the mass of ordinary Americans who confronted its abuses and, ultimately, brought about its abolition." - Sister Helen Prejean, author of Dead Man Walking and The Death of Innocents "This is an extraordinary investigation and analysis of penal servitude and anti-prison labor campaigns in American history. Wonderfully insightful and illuminating, this work has much to teach us about where we've been and what we must consider in confronting the politics of legal punishment." - Bryan Stevenson, New York University School of Law, Executive Director, Equal Justice Initiative "One of the smartest books about punishment I have ever read. And this is not just a book about prisons. The story Rebecca McLennan narrates so powerfully in these pages-the controversial career of penal servitude in a liberal democratic republic--has much to tell us about the history of American society, politics, and institutions.
15. Encyclopedia Supreme Court - David Schultz 2005
From the structure of the Supreme Court to its proceedings, this completely up-to-date encyclopedia presents the cornerstone of the American justice system. More than 500 A-to-Z entries - written by leading academics and lawyers - offer a comprehensive review of critical cases, issues, biographies, and topics important to understanding the Supreme Court. Important legal documents such as the U.S. Constitution and the Bill of Rights are included, as well as a listing of all the Supreme Court Justices and who appointed them. Helpful charts display how a case makes it to the Supreme Court, and tips on how to research and look up court cases make this authoritative, accessible reference ideal for comprehensive research. Entries include abortion, Bill of Rights, Brown v. Board of Education, capital punishment, double jeopardy, federalism, jury, Thurgood Marshall, police power, right to vote, Sandra Day O'Connor, United States v. Nixon, Earl Warren, and wiretapping.