Download or read book A Personalist Jurisprudence the Next Step written by Samuel J. M. Donnelly and published by . This book was released on 2003 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1880, Oliver Wendell Holmes, Jr. defined law as the predictions of what courts would do. Others, particularly his intellectual opponent Christopher Columbus Langdell, perceived law as a system of language and rules. This book offers an interpretation of American law and a method for judicial decision making. Donnelly offers a vision of American law "as an activity engaged in by a variety of players including judges, advocates for the plaintiff and defendants, law reformers, scholars and perhaps all of us." A central argument is that law is concerned with persons and their relations. Arguably, during the 20th century there was, in jurisprudential thought, a step-by-step, piecemeal recovery of a role for the person in the law. The next logical step in the 21st century is an explicitly person-centered jurisprudence as interpretation of American law. An important aspect of this book is its critique of both legal and general intellectual method. Lawyers concerned with critiques of judicial decision-making, judges, law professors, and law students will find this book invaluable, as will political scientists, philosophers and social scientists. The foreword to A Personalist Jurisprudence, The Next Step is written by Vice President Joseph Biden. "I think Donnelly's work may well be an invaluable guide in considering what counts most in a Supreme Court justice...a method for interpretation which will be in accord with his commitment to afford all persons deep respect and concern and try to understand persons, their needs and their horizons." -- Joseph R. Biden, Jr., Vice President "This book is recommended for those interested in jurisprudence, legal philosophy, or constitutional theory." -- Bimonthly Review of Law Books, May/June 2003 "All seven chapters are readable and superbly presented with excellent subsections and summary conclusions. Highly recommended." -- CHOICE Magazine, December 2003

Download or read book Jurisprudence Realism in Theory and Practice written by Karl Nickerson Llewellyn and published by . This book was released on 1971 with total page 531 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Syracuse Journal of International Law and Commerce written by and published by . This book was released on 2004 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Legal Personality in International Law written by Roland Portmann and published by Cambridge University Press. This book was released on 2010-08-26 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Several international legal issues are related to the concept of legal personality, including the determination of international rights and duties of non-state actors and the legal capacities of transnational institutions. When addressing these issues, different understandings of legal personality are employed. These concepts consider different entities to be international persons, state different criteria for becoming one and attach different consequences to being one. In this book, Roland Portmann systematizes the different positions on international personality by spelling out the assumptions on which they rest and examining how they were substantiated in legal practice. He puts forward the argument that positions on international personality which strongly emphasize the role of states or effective actors rely on assumptions that have been discarded in present international law. The principal argument is that international law has to be conceived as an open system, wherein there is no presumption for or against certain entities enjoying international personality.

Download or read book The Common Law written by Oliver Wendell Holmes and published by . This book was released on 1909 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Law Society and Democracy Comparative Perspectives written by Richard D. Schwartz and published by SAGE Publications, Incorporated. This book was released on 2006-10-09 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: In George Bush's Second Inaugural Address, he stated, "so it is the policy of the United States to seek and support the growth of democratic movements and institutions in every nation and culture ..." Along with such a formidable challenge, comes the essential need for scholars and policy makers alike to gain a deeper understanding of the interrelationship between law, society, and culture. Collected from the successful 2005 Syracuse conference of the same name, the papers in this unique issue of The ANNALS zero in on critical studies that focus on other societies – which are evolving toward (or away from) constitutional democracy and a rule of law. Not to be confused with Social Darwinism, the term legal evolution in this context refers to the development or changes of law; and the papers included here demonstrate value-free objectivity – not labeling the results as either "good" or "bad." Rather than offering a prescriptive or claiming a precise forecast, this collection of thoughtful research examines the sociocultural foundations on which law is built, constructing the groundwork for the advancement of policy and further exploration in this intriguing area of study. The intense research conducted by these authors shines through as they elucidate the patterns of legal development and governmental change in societies abroad. Their reports and analysis will help readers understand the diversity of sociolegal systems and divergent paths that have been followed as laws have developed in a wide variety of societies, including South Africa, Germany, Latin America Sudan, Saudi-Arabia, and China. Terrorism remains an underlying issue in both a domestic and global perspective. Can law contribute to the control of terrorism? Are we moving toward global rules of law? What are the consequences of transitioning toward democracy? The thoughtful papers in this issue address these and other timely topics. How can legal evolution be a useful tool for analyzing social change? How well does law in any society express and implement the needs of the population? What effect do social mores have on the effectiveness of law? The complexity of these questions cannot be easily answered. However, after carefully reviewing the rich collection of ideas gathered in this single issue, scholars and policy makers will gain a deeper understanding of the evolution of law and constitutional democracy.

Download or read book Beyond the Formalist Realist Divide written by Brian Z. Tamanaha and published by Princeton University Press. This book was released on 2009-10-26 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: According to conventional wisdom in American legal culture, the 1870s to 1920s was the age of legal formalism, when judges believed that the law was autonomous and logically ordered, and that they mechanically deduced right answers in cases. In the 1920s and 1930s, the story continues, the legal realists discredited this view by demonstrating that the law is marked by gaps and contradictions, arguing that judges construct legal justifications to support desired outcomes. This often-repeated historical account is virtually taken for granted today, and continues to shape understandings about judging. In this groundbreaking book, esteemed legal theorist Brian Tamanaha thoroughly debunks the formalist-realist divide. Drawing from extensive research into the writings of judges and scholars, Tamanaha shows how, over the past century and a half, jurists have regularly expressed a balanced view of judging that acknowledges the limitations of law and of judges, yet recognizes that judges can and do render rule-bound decisions. He reveals how the story about the formalist age was an invention of politically motivated critics of the courts, and how it has led to significant misunderstandings about legal realism. Beyond the Formalist-Realist Divide traces how this false tale has distorted studies of judging by political scientists and debates among legal theorists. Recovering a balanced realism about judging, this book fundamentally rewrites legal history and offers a fresh perspective for theorists, judges, and practitioners of law.

Download or read book Law and the Modern Mind written by Jerome Frank and published by Taylor & Francis. This book was released on 2017-07-12 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and the Modern Mind first appeared in 1930 when, in the words of Judge Charles E. Clark, it "fell like a bomb on the legal world." In the generations since, its influence has grown-today it is accepted as a classic of general jurisprudence.The work is a bold and persuasive attack on the delusion that the law is a bastion of predictable and logical action. Jerome Frank's controversial thesis is that the decisions made by judge and jury are determined to an enormous extent by powerful, concealed, and highly idiosyncratic psychological prejudices that these decision-makers bring to the courtroom.

Download or read book The Philosopher s Index written by and published by . This book was released on 2007 with total page 1160 pages. Available in PDF, EPUB and Kindle. Book excerpt: Vols. for 1969- include a section of abstracts.

Download or read book The Legal Observer Or Journal of Jurisprudence written by and published by . This book was released on 1832 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Supreme Court Decision Making written by Cornell W. Clayton and published by University of Chicago Press. This book was released on 1999 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: What influences decisions of the U.S. Supreme Court? For decades social scientists focused on the ideology of individual justices. Supreme Court Decision Making moves beyond this focus by exploring how justices are influenced by the distinctive features of courts as institutions and their place in the political system. Drawing on interpretive-historical institutionalism as well as rational choice theory, a group of leading scholars consider such factors as the influence of jurisprudence, the unique characteristics of supreme courts, the dynamics of coalition building, and the effects of social movements. The volume's distinguished contributors and broad range make it essential reading for those interested either in the Supreme Court or the nature of institutional politics. Original essays contributed by Lawrence Baum, Paul Brace, Elizabeth Bussiere, Cornell Clayton, Sue Davis, Charles Epp, Lee Epstein, Howard Gillman, Melinda Gann Hall, Ronald Kahn, Jack Knight, Forrest Maltzman, David O'Brien, Jeffrey Segal, Charles Sheldon, James Spriggs II, and Paul Wahlbeck.

Download or read book The Journal of Jurisprudence written by and published by . This book was released on 1858 with total page 738 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Jurisprudence written by New York University. Criminal Law Education and Research Center and published by Manchester University Press. This book was released on 1991 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book In Defense of a Political Court written by Terri Jennings Peretti and published by Princeton University Press. This book was released on 2001-10-29 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can the Supreme Court be free of politics? Do we want it to be? Normative constitutional theory has long concerned itself with the legitimate scope and limits of judicial review. Too often, theorists seek to resolve that issue by eliminating politics from constitutional decisionmaking. In contrast, Terri Peretti argues for an openly political role for the Supreme Court. Peretti asserts that politically motivated constitutional decisionmaking is not only inevitable, it is legitimate and desirable as well. When Supreme Court justices decide in accordance with their ideological values, or consider the likely political reaction to the Court's decisions, a number of benefits result. The Court's performance of political representation and consensus-building functions is enhanced, and the effectiveness of political checks on the Court is increased. Thus, political motive in constitutional decision making does not lead to judicial tyranny, as many claim, but goes far to prevent it. Using pluralist theory, Peretti further argues that a political Court possesses instrumental value in American democracy. As one of many diverse and redundant political institutions, the Court enhances both system stability and the quality of policymaking, particularly regarding the breadth of interests represented.

Download or read book Current Publications in Legal and Related Fields written by and published by . This book was released on 2005 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Michigan Law Review written by and published by . This book was released on 2003 with total page 582 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book A Caring Jurisprudence written by Susan M. Behuniak and published by Rowman & Littlefield Publishers. This book was released on 1999-08-31 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: In deciding the abortion and physician assisted suicide cases, a majority of the Justices of the United States Supreme Court drew on medical knowledge to inform their opinions while dismissing the distinctively different knowledge offered by patients. Following the legal norms derived from the ethic of justice, the CourtOs deference toward the Ouniversal,O Oimpartial,O and OreasonedO knowledge of the medical profession and its disregard of the Oparticular,O Oinvolved,O and OemotionalO knowledge of patients seemed inevitable as well as justified. But was it? This book argues that it is both possible and proper to develop a jurisprudence capable of incorporating the knowledge of patients. Drawing on feminist scholarship, this book proposes a model for a Ocaring jurisprudenceO that integrates the ethic of justice and the ethic of care to ensure that patientsO knowledge is included in judicial decision making.