Download or read book Arguing About Law written by Aileen Kavanagh and published by Routledge. This book was released on 2013-12-16 with total page 1291 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arguing about Law introduces philosophy of law in an accessible and engaging way. The reader covers a wide range of topics, from general jurisprudence, law, the state and the individual, to topics in normative legal theory, as well as the theoretical foundations of public and private law. In addition to including many classics, Arguing About Law also includes both non-traditional selections and discussion of timely topical issues like the legal dimension of the war on terror. The editors provide lucid introductions to each section in which they give an overview of the debate and outline the arguments of the papers, helping the student get to grips with both the classic and core arguments and emerging debates in: the nature of law legality and morality the rule of law the duty to obey the law legal enforcement of sexual morality the nature of rights rights in an age of terror constitutional theory tort theory. Arguing About Law is an inventive and stimulating reader for students new to philosophy of law, legal theory and jurisprudence.
Download or read book Arguing with Tradition written by Justin B. Richland and published by University of Chicago Press. This book was released on 2008-09-15 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arguing with Tradition is the first book to explore language and interaction within a contemporary Native American legal system. Grounded in Justin Richland’s extensive field research on the Hopi Indian Nation of northeastern Arizona—on whose appellate court he now serves as Justice Pro Tempore—this innovative work explains how Hopi notions of tradition and culture shape and are shaped by the processes of Hopi jurisprudence. Like many indigenous legal institutions across North America, the Hopi Tribal Court was created in the image of Anglo-American-style law. But Richland shows that in recent years, Hopi jurists and litigants have called for their courts to develop a jurisprudence that better reflects Hopi culture and traditions. Providing unprecedented insights into the Hopi and English courtroom interactions through which this conflict plays out, Richland argues that tensions between the language of Anglo-style law and Hopi tradition both drive Hopi jurisprudence and make it unique. Ultimately, Richland’s analyses of the language of Hopi law offer a fresh approach to the cultural politics that influence indigenous legal and governmental practices worldwide.
Download or read book Arguing about Law written by Andrew Altman and published by . This book was released on 1996 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using the rule of law as its main theme, this text shows how abstract questions and concepts of legal philosophy are connected to concrete legal, political, and social issues. The text addresses several modern controversies and challenges students to consider both sides of an argument, using sound, reasoned thinking.
Download or read book Justice for Some written by Noura Erakat and published by Stanford University Press. This book was released on 2019-04-23 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: “A brilliant and bracing analysis of the Palestine question and settler colonialism . . . a vital lens into movement lawyering on the international plane.” —Vasuki Nesiah, New York University, founding member of Third World Approaches to International Law (TWAIL) Justice in the Question of Palestine is often framed as a question of law. Yet none of the Israel-Palestinian conflict’s most vexing challenges have been resolved by judicial intervention. Occupation law has failed to stem Israel’s settlement enterprise. Laws of war have permitted killing and destruction during Israel’s military offensives in the Gaza Strip. The Oslo Accord’s two-state solution is now dead letter. Justice for Some offers a new approach to understanding the Palestinian struggle for freedom, told through the power and control of international law. Focusing on key junctures—from the Balfour Declaration in 1917 to present-day wars in Gaza—Noura Erakat shows how the strategic deployment of law has shaped current conditions. Over the past century, the law has done more to advance Israel’s interests than the Palestinians’. But, Erakat argues, this outcome was never inevitable. Law is politics, and its meaning and application depend on the political intervention of states and people alike. Within the law, change is possible. International law can serve the cause of freedom when it is mobilized in support of a political movement. Presenting the promise and risk of international law, Justice for Some calls for renewed action and attention to the Question of Palestine. “Careful and captivating . . . This book asks that the Palestinian liberation struggle and Jewish-Israeli society each reckon with the impossibility of a two-state future, reimagining what their interests are—and what they could become.” —Amanda McCaffrey, Jewish Currents
Download or read book Arguing Fundamental Rights written by Agustín J. Menéndez and published by Springer Science & Business Media. This book was released on 2006-11-22 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the trail-blazing Theory of Constitutional Rights of Robert Alexy. The authors combine critical analysis of the structural elements of Alexy’s theory with an assessment of its applied relevance, paying special attention to the UK Human Rights Act and the Charter of Fundamental Rights of the European Union. Alexy himself opens the book with an insightful contextualisation of his theory of fundamental rights within his general legal theory.
Download or read book How to Argue Win Every Time written by Gerry Spence and published by Macmillan. This book was released on 1996-04-15 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: A noted attorney gives detailed instructions on winning arguments, emphasizing such points as learning to speak with the body, avoiding being blinding by brilliance, and recognizing the power of words as a weapon.
Download or read book Courtroom Strategies written by and published by Aspatore Books. This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Courtroom Strategies is an authoritative, insiders perspective on key strategies for attorneys litigating a case before a judge or jury. Featuring partners from law firms around the nation, these experts guide the reader through the crucial elements of a trial and offer advice on how to approach each element. These top lawyers give tips on using a common theme throughout the case, taking the right approach to opening statements and closing arguments, and strategically presenting information to a jury, including appropriate uses of visual and technological aids. From preparing your witnesses to take the stand to cross-examining hostile witnesses and questioning experts, these authors explain important issues in interactions with witnesses and offer advice on how to avoid common mistakes. Additionally, these authors discuss the clients role during the trial, describe over-used strategies, and offer advice to younger attorneys on how to gain experience in the courtroom. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts around the keys to navigating this exciting and challenging field.
Download or read book Arguing about Alliances written by Paul Poast and published by Cornell University Press. This book was released on 2019-11-15 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why do some attempts to conclude alliance treaties end in failure? From the inability of European powers to form an alliance that would stop Hitler in the 1930s, to the present inability of Ukraine to join NATO, states frequently attempt but fail to form alliance treaties. In Arguing about Alliances, Paul Poast sheds new light on the purpose of alliance treaties by recognizing that such treaties come from negotiations, and that negotiations can end in failure. In a book that bridges Stephen Walt's Origins of Alliance and Glenn Snyder's Alliance Politics, two classic works on alliances, Poast identifies two conditions that result in non-agreement: major incompatibilities in the internal war plans of the participants, and attractive alternatives to a negotiated agreement for various parties to the negotiations. As a result, Arguing about Alliances focuses on a group of states largely ignored by scholars: states that have attempted to form alliance treaties but failed. Poast suggests that to explain the outcomes of negotiations, specifically how they can end without agreement, we must pay particular attention to the wartime planning and coordinating functions of alliance treaties. Through his exploration of the outcomes of negotiations from European alliance negotiations between 1815 and 1945, Poast offers a typology of alliance treaty negotiations and establishes what conditions are most likely to stymie the attempt to formalize recognition of common national interests.
Download or read book The Tools of Argument written by Joel P. Trachtman and published by Createspace Independent Publishing Platform. This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Joel Trachtman's book presents in plain and lucid terms the powerful tools of argument that have been honed through the ages in the discipline of law. If you are a law student or new lawyer, a business professional or a government official, this book will boost your analytical thinking, your foundational legal knowledge, and your confidence as you win arguments for your clients, your organizations or yourself.
Download or read book Arguing Marbury V Madison written by Mark Tushnet and published by . This book was released on 2022 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Marbury v. Madison, decided in 1803, is the foundation stone of the American doctrine of judicial review. Remarkably, the case was decided without the parties having presented an oral argument to the Supreme Court. This book begins with a unique transcript of an oral argument in the case, conducted before a bench of four distinguished federal judges. The transcript is followed by essays on Marburys intellectual background, its significance in U.S. constitutional history, and the way in which we might think of constitutional theory and judicial review in terms sensitive to the historical and political contexts in which the practice persists. Distinguished commentators question some of the claims made in the essays, and offer their own perspectives on Marburys importance.
Download or read book Law 101 written by Jay Feinman and published by Oxford University Press. This book was released on 2014-08-01 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: In each of the first three editions of the bestselling Law 101, Jay Feinman gave readers an upbeat and vivid examination of the American legal system. Since the third edition was published in 2010, much has happened: several key Supreme Court cases have been decided, we've seen sensational criminal trials, and the legal system has had to account for the latest developments in Internet law. This fully updated fourth edition of Law 101 accounts for all this and more, as Feinman once again provides a clear introduction to American law. The book covers all the main subjects taught in the first year of law school, and discusses every facet of the American legal tradition, including constitutional law, the litigation process, and criminal, property, and contracts law. To accomplish this, Feinman brings in the most noteworthy, infamous, and often outrageous examples and cases. We learn about the case involving scalding coffee that cost McDonald's half a million dollars, the murder trial in Victorian London that gave us the legal definition of insanity, and the epochal decision of Marbury vs. Madison that gave the Supreme Court the power to declare state and federal law unconstitutional. A key to learning about the law is learning legal vocabulary, and Feinman helps by clarifying terms like "due process" and "equal protection," as well as by drawing distinctions between terms like "murder" and "manslaughter." Above all, though, is that Feinman reveals to readers of all kinds that despite its complexities and quirks, the law is can be understood by everyone. Perfect for students contemplating law school, journalists covering legislature, or even casual fans of "court-television" shows, Law 101 is a clear and accessible introduction to the American legal system. New to this edition: Featured analysis of: -the Obamacare case -Citizens United -the DOMA decision -the Trayvon Martin case As well as recent legal developments pertaining to: -online contracting -mortgages -police investigations -criminal sentencing
Download or read book Arguing About Knowledge written by Duncan Pritchard and published by Routledge. This book was released on 2020-07-24 with total page 666 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is knowledge? What are the sources of knowledge? What is the value of knowledge? What can we know? Arguing About Knowledge offers a fresh and engaging perspective on the theory of knowledge. This comprehensive and imaginative selection of readings examines the subject in an unorthodox and entertaining manner whilst covering the fundamentals of the theory of knowledge. It includes classic and contemporary pieces from the most influential philosophers from Descartes, Russell, Quine and G.E. Moore to Richard Feldman, Edward Craig, Gilbert Harman and Roderick Chisholm. In addition, students will find fascinating alternative pieces from literary and popular work such as Lewis Caroll, Jorges Luis Borges and Paul Boghossian. Each article selected is clear, interesting and free from unnecessary jargon. The editors provide lucid introductions to each section in which they give an overview of the debate and outline the arguments of the papers. Arguing About Knowledge is an inventive and stimulating reader for students new to the theory of knowledge.
Download or read book Legal Problem Solving written by Patrick Keyzer and published by . This book was released on 2003 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides guidance for undergraduate law students in the problem solving method. The method adopted follows the five steps practitioners use when preparing an advice. Problems drawn from a wide variety of subject areas including contract, torts, criminal, constitutional and administrative law are posed and analysed.
Download or read book Arguing about Political Philosophy written by Matt Zwolinski and published by . This book was released on 2014 with total page 721 pages. Available in PDF, EPUB and Kindle. Book excerpt: This second edition of Arguing About Political Philosophy is the most complete, up-to-date, and interdisciplinary anthology of its kind. Its selections cover both classic philosophical sources such as Hobbes and Rousseau, and contemporary figures such as Robert Nozick and G.A. Cohen. But additional excerpts from economists, psychologists, novelists, and legal theorists help students from diverse intellectual backgrounds to connect with and appreciate the problems and distinctive methodology of political philosophy. This second edition also goes beyond any other anthology on the market in its coverage of traditionally under-represented views such as libertarianism, neo-socialism, feminism, and critical race theory. And it is one of the only anthologies to go beyond A Theory of Justice in its coverage of the political thought of John Rawls. The volume is divided into 3 parts - Foundational Concepts; Government, the Economy and Morality; and Applied Political Philosophy - covering core arguments and emerging debates in topics like: social contract theory political economy property rights freedom equality immigration global distributive justice The new companion website offers valuable resources for instructors and students alike, including sample quizzes, exams, and writing assignments, extensive study questions for each reading, and an online version of the "What's Your Political Philosophy" self-assessment.
Download or read book International Law and the Politics of History written by Anne Orford and published by Cambridge University Press. This book was released on 2021-08-05 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the ideological, political, and economic stakes of struggles over international law's history and its relation to empire and capitalism.
Download or read book Making Your Case written by Antonin Scalia and published by West Publishing Company. This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In their professional lives, courtroom lawyers must do these two things well: speak persuasively and write persuasively. In this noteworthy book, two noted legal writers systematically present every important idea about judicial persuasion in a fresh, entertaining way. The book covers the essentials of sound legal reasoning, including how to develop the syllogism that underlies any argument. From there the authors explain the art of brief writing, especially what to include and what to omit, so that you can induce the judge to focus closely on your arguments. Finally, they show what it takes to succeed in oral argument.
Download or read book The Five Types of Legal Argument written by Wilson Ray Huhn and published by . This book was released on 2002 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Organized simply and logically, The Five Types of Legal Argument shows readers how to identify, create, attack, and evaluate the five types of legal arguments (text, intent, precedent, tradition and policy). It also describes how to weave the arguments together to make them more persuasive and how to attack legal arguments.In this book, Huhn demonstrates exactly why the legal reasoning in a case is difficult to analyze. Each type of legal argument has a different structure and draws upon different evidence of what the law is. Thus this book does not merely introduce readers to law and legal reasoning, but shows how the five different legal arguments are constructed so that various strategies can be developed for attacking each one.
