Download or read book Debt Law Realism written by Neil ten Kortenaar and published by McGill-Queen's Press - MQUP. This book was released on 2021-06-10 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the decade before and after independence, Nigerians not only adopted the novel but reinvented the genre. Nigerian novels imagined the new state, with its ideals of the rule of law, state sovereignty, and a centralized administration. Debt, Law, Realism argues that Nigerian novels were not written for a Western audience, as often stated, but to teach fellow citizens how to envision the state. The first Nigerian novels were overwhelmingly realist because realism was a way to convey the understanding shared by all subject to the rule of law. Debt was an important theme used to illustrate the social trust needed to live with strangers. But the novelists felt an ambivalence towards the state, which had been imposed by colonial military might. Even as they embraced the ideal of the rule of law, they kept alive a memory of other ways of governing themselves. Many of the first novelists – including Chinua Achebe – were Igbos, a people who had been historically stateless, and for whom justice had been a matter of interpersonal relations, consensus, and reciprocity, rather than a citizen’s subordination to a higher authority. Debt, Law, Realism reads African novels as political philosophy, offering important lessons about the foundations of social trust, the principle of succession, and the nature of sovereignty, authority, and law.
Download or read book Debt Law Realism written by Neil ten Kortenaar and published by McGill-Queen's Press - MQUP. This book was released on 2021-06-10 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In the decade before and after independence, Nigerians not only adopted the novel but reinvented the genre. Nigerian novels imagined the new state, with its ideals of the rule of law, state sovereignty, and a centralized administration. Debt, Law, Realism argues that Nigerian novels were not written for a Western audience, as often stated, but to teach fellow citizens how to envision the state. The first Nigerian novels were overwhelmingly realist because realism was a way to convey the understanding shared by all subject to the rule of law. Debt was an important theme used to illustrate the social trust needed to live with strangers. But the novelists felt an ambivalence towards the state, which had been imposed by colonial military might. Even as they embraced the ideal of the rule of law, they kept alive a memory of other ways of governing themselves. Many of the first novelists – including Chinua Achebe – were Igbos, a people who had been historically stateless, and for whom justice had been a matter of interpersonal relations, consensus, and reciprocity, rather than a citizen’s subordination to a higher authority. Debt, Law, Realism reads African novels as political philosophy, offering important lessons about the foundations of social trust, the principle of succession, and the nature of sovereignty, authority, and law.
Download or read book Reconstructing American Legal Realism Rethinking Private Law Theory written by Hanoch Dagan and published by Oxford University Press. This book was released on 2013-09-19 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the myriad choices of interpretation judges face when confronted with rules and cases, legal realists are concerned with how these doctrinal materials carry over into judicial outcomes. What can explain past judicial behavior and predict its future course? How can law constrain judgments made by unelected judges? How can the distinction between law and politics be maintained despite the collapse of law's autonomy in its positivist rendition? In Reconstructing American Legal Realism & Rethinking Private Law Theory, Hanoch Dagan provides an innovative and useful interpretation of legal realism. He revives the legal realists' rich account of law as a growing institution accommodating three sets of constitutive tensions-power and reason, science and craft, and tradition and progress-and demonstrates how the major claims attributed to legal realism fit into this conception of law. Dagan seeks to rein in realist descendants who have become fixated on one aspect of the big picture, and to dispel the misconceptions that those gone astray represent the tradition accurately or that realism is now merely a historical signpost. He draws upon the realist texts of Oliver Wendell Holmes, Karl Llewellyn, and others to explain how legal realism offers important and unique jurisprudential insights that are not just a part of legal history, but are also relevant and useful for a contemporary understanding of legal theory. Building on this realist conception of law and enriching its texture, Dagan addresses more particular jurisprudential questions. He shows that the realist achievement in capturing law's irreducible complexity is crucial to the reinvigoration of legal theory as a distinct scholarly subject matter, and is also inspiring for a host of other, more specific theoretical topics, such as the rule of law, the autonomy and taxonomy of private law, the relationships between rights and remedies, and the pluralism and perfectionism that typify private law.
Download or read book Research Handbook on Modern Legal Realism written by Shauhin Talesh and published by Edward Elgar Publishing. This book was released on 2021-03-26 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful Research Handbook provides a definitive overview of the New Legal Realism (NLR) movement, reaching beyond historical and national boundaries to form new conversations. Drawing on deep roots within the law-and-society tradition, it demonstrates the powerful virtues of new legal realist research and its attention to the challenges of translation between social science and law. It explores an impressive range of contemporary issues including immigration, policing, globalization, legal education, and access to justice, concluding with and examination of how different social science disciplines intersect with NLR.
Download or read book Between Citizen and State written by David A. Westbrook and published by Routledge. This book was released on 2015-11-17 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: Between Citizen and State is an intrepid and readable introduction to, and insightful commentary on, the role of the corporation in the modern world. Corporate actors have typical motivations, opportunities, temptations - they are characters, and their interactions follow familiar plotlines. Part I, Background, introduces the characters and their context. Part II, Internal Struggles, explains common conflicts in terms of well-known court cases. Part III, External Relations, examines relationships between the corporation, individuals, and the state.
Download or read book Natural Law and Thomistic Juridical Realism written by Petar Popovic and published by CUA Press. This book was released on 2022-02-04 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book proposes a rather novel legal-philosophical approach to understanding the intersection between law and morality. It does so by analyzing the conditions for the existence of a juridical domain of natural law from the perspective of the tradition of Thomistic juridical realism. In order to highlight the need to reconnect with this tradition in the context of contemporary legal philosophy, the book presents various other recent jurisprudential positions regarding the overlap between law and morality. While most authors either exclude a conceptual necessity for the inclusion of moral principles in the nature of law or refer to the purely moral status of natural law at the foundations of the legal phenomenon, the book seeks to elucidate the essential properties of the juridical status of natural law. In order to establish the juridicity of natural law, the book explores the relevant arguments of Thomas Aquinas and some of his main commentators on this issue, above all Michel Villey and Javier Hervada. It establishes that Thomistic juridical realism observes the juridical phenomenon not only from the perspective of legal norms or subjective individual rights, but also from the perspective of the primary meaning of the concept of right (ius), namely, the just thing itself as the object of justice. In this perspective, natural rights already possess a fully juridical status and can be described as natural juridical goods. In addition, from the viewpoint of Thomistic juridical realism, we can identify certain natural norms or principles of justice as the juridical title of these rights or goods. The book includes an assessment of the prospective points of dialogue with the other trends in Thomistic legal philosophy as well as with various accounts of the nature of law in contemporary legal theory.
Download or read book International Legal Theory written by Jeffrey L. Dunoff and published by Cambridge University Press. This book was released on 2022-08-04 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: A reader-friendly overview of leading theoretical approaches to international law for students, scholars, and practitioners.
Download or read book New Global Realism written by Gabriele Lazzari and published by Bloomsbury Publishing. This book was released on 2024-08-22 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative study of contemporary realist novels that employ totality as a method and a formal principle to represent the social and economic inequalities of the present, this book examines writing in English, Italian, Kannada, and Spanish by authors from Zimbabwe, Ghana, Italy, India and Mexico. By theorizing four modalities of totalization employed by contemporary realist writers, this book explores the current resurgence of realism and challenges critical approaches that consider it naive or formally unsophisticated. Instead, it argues that realist novels offer a self-conscious and serious representation of the world we inhabit while actively envisioning new social designs and political configurations. Through comparative studies of novels by Fernanda Melchor, NoViolet Bulawayo, Vivek Shanbhag, Nicola Lagioia, Igiaba Scego, Yaa Gyasi and Roberto Bolaño, this book further explains why realism can be a powerful antidote to the skepticism about the possibility of making truth-claims in humanist research.
Download or read book Legal Realism and American Law written by Justin Zaremby and published by A&C Black. This book was released on 2013-12-05 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the first part of the 20th century, a group of law scholars offered engaging, and occasionally disconcerting, views on the role of judges and the relationship between law and politics in the United States. These legal realists borrowed methods from the social sciences to carefully study the law as experienced by lawyers, judges, and average citizens and promoted a progressive vision for American law and society. Legal realism investigated the nature of legal reasoning, the purpose of law, and the role of judges. The movement asked questions which reshaped the study of jurisprudence and continue to drive lively debates about the law and politics in classrooms, courtrooms, and even the halls of Congress. This thorough analysis provides an introduction to the ideas, context, and leading personalities of legal realism. It helps situate an important movement in legal theory in the context of American politics and political thought and will be of great interest to students of judicial politics, American constitutional development, and political theory.
Download or read book Legal Realism and American Law written by Justin Zaremby and published by Bloomsbury Publishing USA. This book was released on 2013-12-05 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the first part of the 20th century, a group of law scholars offered engaging, and occasionally disconcerting, views on the role of judges and the relationship between law and politics in the United States. These legal realists borrowed methods from the social sciences to carefully study the law as experienced by lawyers, judges, and average citizens and promoted a progressive vision for American law and society. Legal realism investigated the nature of legal reasoning, the purpose of law, and the role of judges. The movement asked questions which reshaped the study of jurisprudence and continue to drive lively debates about the law and politics in classrooms, courtrooms, and even the halls of Congress. This thorough analysis provides an introduction to the ideas, context, and leading personalities of legal realism. It helps situate an important movement in legal theory in the context of American politics and political thought and will be of great interest to students of judicial politics, American constitutional development, and political theory.
Download or read book Jurisprudence written by Suri Ratnapala and published by Cambridge University Press. This book was released on 2013-09-30 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers a comprehensive overview of legal theory and philosophy and demystifies the discipline's major ideas and debates.
Download or read book Debt s Dominion written by David A. Skeel Jr. and published by Princeton University Press. This book was released on 2014-04-24 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bankruptcy in America, in stark contrast to its status in most other countries, typically signifies not a debtor's last gasp but an opportunity to catch one's breath and recoup. Why has the nation's legal system evolved to allow both corporate and individual debtors greater control over their fate than imaginable elsewhere? Masterfully probing the political dynamics behind this question, David Skeel here provides the first complete account of the remarkable journey American bankruptcy law has taken from its beginnings in 1800, when Congress lifted the country's first bankruptcy code right out of English law, to the present day. Skeel shows that the confluence of three forces that emerged over many years--an organized creditor lobby, pro-debtor ideological currents, and an increasingly powerful bankruptcy bar--explains the distinctive contours of American bankruptcy law. Their interplay, he argues in clear, inviting prose, has seen efforts to legislate bankruptcy become a compelling battle royale between bankers and lawyers--one in which the bankers recently seem to have gained the upper hand. Skeel demonstrates, for example, that a fiercely divided bankruptcy commission and the 1994 Republican takeover of Congress have yielded the recent, ideologically charged battles over consumer bankruptcy. The uniqueness of American bankruptcy has often been noted, but it has never been explained. As different as twenty-first century America is from the horse-and-buggy era origins of our bankruptcy laws, Skeel shows that the same political factors continue to shape our unique response to financial distress.
Download or read book Legal Realism to Law in Action written by William Clune and published by Quid Pro Books. This book was released on 2021-12-16 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a book of papers and interviews about innovative law school courses developed by faculty of the Wisconsin Law School from 1950 to 1970 that forged a path from legal realism to law and social science. These courses took a “law in action” approach to the study of law which became a signature feature of the school’s tradition from that time to the present day. “The Legal Realists of the 1920s and 30s taught that the law that mattered was the law in action, as applied by ordinary officials and experienced by ordinary people. But they mostly failed to get their program adopted as part of professional education alongside the study of appellate cases. Only at Wisconsin—thanks to a cluster of great scholar-teachers in Willard Hurst, Frank Remington, Herman Goldstein, Stewart Macaulay, Bill Whitford, and their collaborators—has the Realist vision been fully and splendidly realized in law teaching. This is the story of that thrilling experiment.” — Robert W. Gordon, Professor of Law Emeritus, Stanford University; Chancellor Kent Professor Emeritus of Law and Legal History, Yale Law School “This book is a must read for anyone interested in the history of the law and society movement and the unique role that the University of Wisconsin Law School has played in that tradition. In a series of essays by and interviews of current and former Wisconsin law teachers, the creativity of Wisconsin’s challenge to the traditional legal academy comes alive.” — Lauren Edelman, Agnes Roddy Robb Professor of Law and Professor of Sociology, University of California, Berkeley "In a time when an increasing number of law schools characterize themselves as bastions of 'law in action,' this volume provides a bracing reminder of a more precise vision. That vision was rooted in the legal realist tradition during an earlier 'golden age' of sociolegal thought at the University of Wisconsin Law School. In this important book, we hear vivid accounts of the innovative law teaching during that time, which took realist discoveries seriously—in Contracts, Legal Process, Legal History, and Criminal Law.” — Elizabeth Mertz, Research Professor, American Bar Foundation; John and Rylla Bosshard Professor Emerita, UW-Madison Law School
Download or read book Legal Realism at Yale 1927 1960 written by Laura Kalman and published by UNC Press Books. This book was released on 2016-08-01 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: For more than one hundred years, Harvard's use of the case method of appellate opinions dominated legal education. Deploring the attempt to reduce law to an autonomous system of rules and principles, the realists at Yale developed a functional approach to the discipline--one that stressed the factual context of the case rather than the legal principles it raised, one that attempted to address issues of social policy by integrating law with the social sciences. Originally published 1986. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
Download or read book No Litmus Test written by Michael C. Dorf and published by Rowman & Littlefield. This book was released on 2006 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: The courts and, indeed, the law itself are under assault from both right and left. By analyzing the most pressing controversies of our day, No Litmus Test defends the possibility of principled legal decision-making against the attacks of both the right and the left. From Bush v. Gore to the war in Iraq, No Litmus Test demonstrates that even when the law provides no clear-cut right answers, it offers tools for distinguishing good arguments from bad ones.
Download or read book American Legal Realism written by Wilfrid E. Rumble and published by . This book was released on 1968 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Alexander Hamilton and the Development of American Law written by Kate Elizabeth Brown and published by University Press of Kansas. This book was released on 2017-08-25 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Alexander Hamilton is commonly seen as the standard-bearer of an ideology-turned-political party, the Federalists, engaged in a struggle for the soul of the young United States against the Anti-Federalists, and later, the Jeffersonian Republicans. Alexander Hamilton and the Development of American Law counters such conventional wisdom with a new, more nuanced view of Hamilton as a true federalist, rather than a one-dimensional nationalist, whose most important influence on the American founding is his legal legacy. In this analytical biography, Kate Elizabeth Brown recasts our understanding of Hamilton's political career, his policy achievements, and his significant role in the American founding by considering him first and foremost as a preeminent lawyer who applied law and legal arguments to accomplish his statecraft. In particular, Brown shows how Hamilton used inherited English legal principles to accomplish his policy goals, and how state and federal jurists adapted these Hamiltonian principles into a distinct, republican jurisprudence throughout the nineteenth century. When writing his authoritative commentary on the nature of federal constitutional power in The Federalist, Hamilton juxtaposed the British constitution with the new American one he helped to create; when proposing commercial, monetary, banking, administrative, or foreign policy in Washington's cabinet, he used legal arguments to justify his desired course of action. In short, lawyering, legal innovation, and common law permeated Alexander Hamilton's professional career. Re-examining Hamilton's post-war accomplishments through the lens of law, Brown demonstrates that Hamilton's much-studied political career, as well as his contributions to republican political science, cannot be fully understood without recognizing and investigating how Hamilton used Anglo-American legal principles to achieve these ends. A critical re-evaluation of Hamilton's legacy, as well as his place in the founding era, Brown’s work also enhances and refines our understanding of the nature and history of American jurisprudence.
