Download or read book Ethical Systems and Legal Ideals written by Felix S. Cohen and published by . This book was released on 1959 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Ethical Systems and Legal Ideas an Essay on the Foundations of Legal Criticism written by Felix S. Cohen and published by . This book was released on 1959 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Ethical Systems and Legal Ideas written by Felix Solomon Cohen and published by . This book was released on 1959 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Ethical Systems and Legal Ideals written by Felix S. Cohen and published by . This book was released on 1933 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Ethical Systems and Legal Studies written by Felix S. Cohen and published by . This book was released on 1933 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Rediscovering Fuller written by W. J. Witteveen and published by Amsterdam University Press. This book was released on 1999 with total page 1008 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lon Fuller, one of the great American jurists of this century, is often remembered only for his stand on the morality of law in the Fuller-Hart debate. Rediscovering Fuller considers the full range of Fuller's writings, from his early engagement with legal fictions and his critique of legal positivism to his later work on implicit law and the art of institutional design. Contributors from the fields of both civil law and common law argue that Fuller's insights are highly relevant to contemporary concerns. The book contains essays by K. Winston, D. Dyzenhaus, P. Cliteur, F. Schauer ("Beyond the Fuller-Hart Debate"), P. Westerman, W. van der Burg, D. Luban ("Moralities of Law"), G. Postema, P. Teachout ("Implicit Law"), R. Macdonald, W. Witteveen, J. Allison, M. Hertogh, K. Soltan ("The Art of Institutional Design"), J. Allan, F. Mootz, J. Vining ("Law's Dialogue"), and a preface by Ph. Selznick. "At some point in the future, when we become more open to the moral relevance of social inquiry, more empirical in our study of philosophical issues, more capable of uniting moral and social theory, Lon Fuller's work will stand as a landmark. This volume will help show the way." —Ph. Selznick
Download or read book The Legal Realism of Jerome N Frank written by Julius Paul and published by Springer. This book was released on 2012-12-06 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: Between the Levite at the gate and the judicial systems of our day is a long journey in courthouse government, but its basic structure remains the same - law, judge and process. Of the three, process is the most unstable - procedure and facts. Of the two, facts are the most intractable. While most of the law in books may seem to center about abstract theories, doctrines, princi ples, and rules, the truth is that most of it is designed in some way to escape the painful examination of the facts which bring parties in a particular case to court. Frequently the emphasis is on the rule of law as it is with respect to the negotiable instru ment which forbids inquiry behind its face; sometimes the empha sis is on men as in the case of the wide discretion given a judge or administrator; sometimes on the process, as in pleading to a refined issue, summary judgment, pre-trial conference, or jury trial designed to impose the dirty work of fact finding on laymen. The minds of the men of law never cease to labor at im proving process in the hope that some less painful, more trustworthy and if possible automatic method can be found to lay open or force litigants to disclose what lies inside their quarrel, so that law can be administered with dispatch and de cisiveness in the hope that truth and justice will be served.
Download or read book That Noble Dream written by Peter Novick and published by Cambridge University Press. This book was released on 1988-09-30 with total page 580 pages. Available in PDF, EPUB and Kindle. Book excerpt: The aspiration to relate the past 'as it really happened' has been the central goal of American professional historians since the late nineteenth century. In this remarkable history of the profession, Peter Novick shows how the idea and ideal of objectivity were elaborated, challenged, modified, and defended over the last century. Drawing on the unpublished correspondence as well as the published writings of hundreds of American historians from J. Franklin Jameson and Charles Beard to Arthur Schlesinger, Jr., and Eugene Genovese, That Noble Dream is a richly textured account of what American historians have thought they were doing, or ought to be doing, when they wrote history - how their principles influenced their practice and practical exigencies influenced their principles.
Download or read book On the Drafting of Tribal Constitutions written by Felix S. Cohen and published by University of Oklahoma Press. This book was released on 2006 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Felix Cohen (1907–1953) was a leading architect of the Indian New Deal and steadfast champion of American Indian rights. Appointed to the Department of the Interior in 1933, he helped draft the Indian Reorganization Act (1934) and chaired a committee charged with assisting tribes in organizing their governments. His “Basic Memorandum on Drafting of Tribal Constitutions,” submitted in November 1934, provided practical guidelines for that effort.
Download or read book Moral Aspects of Legal Theory written by David Lyons and published by Cambridge University Press. This book was released on 1993-01-29 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this volume, Professor Lyons outlines his fundamental views about the nature of law and its relation to morality and justice.
Download or read book Knowing What the Law Is written by Alexander Somek and published by Bloomsbury Publishing. This book was released on 2021-08-26 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a selective and somewhat cheeky account of prominent positions in legal theory, such as American legal realism, modern legal positivism, sociological systems theory, institutionalism and critical legal studies. It presents a relational approach to law and a new perspective on legal sources. The book explores topics of legal theory in a playful manner. It is written and composed in a way that refutes the widespread prejudice that legal theory is a dreary subject, with a cast of characters that occasionally interact in order to illustrate the claims of the book. Legal experts claim to know what the law is. Legal theory-or jurisprudence-explores whether such claims are warranted. The discipline first emerged at the turn of the 20th century, when the self-confidence of both legal scholarship and judicial craftsmanship became severely shattered, but the crisis continues to this day.
Download or read book Justice Law and Argument written by Ch. Perelman and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection contains studies on justice, juridical reasoning and argumenta tion which contributed to my ideas on the new rhetoric. My reflections on justice, from 1944 to the present day, have given rise to various studies. The ftrst of these was published in English as The Idea of Justice and the Problem of Argument (Routledge & Kegan Paul, London, 1963). The others, of which several are out of print or have never previously been published, are reunited in the present volume. As justice is, for me, the prime example of a "confused notion", of a notion which, like many philosophical concepts, cannot be reduced to clarity without being distorted, one cannot treat it without recourse to the methods of reasoning analyzed by the new rhetoric. In actuality, these methods have long been put into practice by jurists. Legal reasoning is fertile ground for the study of argumentation: it is to the new rhetoric what mathematics is to formal logic and to the theory of demonstrative proof. It is important, then, that philosophers should not limit their methodologi cal studies to mathematics and the natural sciences. They must not neglect law in the search for practical reason. I hope that these essays lead to be a better understanding of how law can enrich philosophical thought. CH. P.
Download or read book The Canon of American Legal Thought written by David Kennedy and published by Princeton University Press. This book was released on 2018-06-05 with total page 936 pages. Available in PDF, EPUB and Kindle. Book excerpt: This anthology presents, for the first time, full texts of the twenty most important works of American legal thought since 1890. Drawing on a course the editors teach at Harvard Law School, the book traces the rise and evolution of a distinctly American form of legal reasoning. These are the articles that have made these authors--from Oliver Wendell Holmes, Jr., to Ronald Coase, from Ronald Dworkin to Catherine MacKinnon--among the most recognized names in American legal history. These authors proposed answers to the classic question: "What does it mean to think like a lawyer--an American lawyer?" Their answers differed, but taken together they form a powerful brief for the existence of a distinct and powerful style of reasoning--and of rulership. The legal mind is as often critical as constructive, however, and these texts form a canon of critical thinking, a toolbox for resisting and unravelling the arguments of the best legal minds. Each article is preceded by a short introduction highlighting the article's main ideas and situating it in the context of its author's broader intellectual projects, the scholarly debates of his or her time, and the reception the article received. Law students and their teachers will benefit from seeing these classic writings, in full, in the context of their original development. For lawyers, the collection will take them back to their best days in law school. All readers will be struck by the richness, the subtlety, and the sophistication with which so many of what have become the clichés of everyday legal argument were originally formulated.
Download or read book A Catalogue of the Law Collection at New York University written by Julius J. Marke and published by The Lawbook Exchange, Ltd.. This book was released on 1999 with total page 1418 pages. Available in PDF, EPUB and Kindle. Book excerpt: Marke, Julius J., Editor. A Catalogue of the Law Collection at New York University With Selected Annotations. New York: The Law Center of New York University, 1953. xxxi, 1372 pp. Reprinted 1999 by The Lawbook Exchange, Ltd. LCCN 99-19939. ISBN 1-886363-91-9. Cloth. $195. * Reprint of the massive, well-annotated catalogue compiled by the librarian of the School of Law at New York University. Classifies approximately 15,000 works excluding foreign law, by Sources of the Law, History of Law and its Institutions, Public and Private Law, Comparative Law, Jurisprudence and Philosophy of Law, Political and Economic Theory, Trials, Biography, Law and Literature, Periodicals and Serials and Reference Material. With a thorough subject and author index. This reference volume will be of continuous value to the legal scholar and bibliographer, due not only to the works included but to the authoritative annotations, often citing more than one source. Besterman, A World Bibliography of Bibliographies 3461.
Download or read book Ethical Dimensions of Legal Theory written by and published by BRILL. This book was released on 2021-11-15 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Ethical Systems and Legal Ideas written by Felix S. Cohen and published by . This book was released on 1933 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Functions of Law written by Kenneth M. Ehrenberg and published by Oxford University Press. This book was released on 2016-03-11 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the nature of law and what is the best way to discover it? This book argues that law is best understood in terms of the social functions it performs wherever it is found in human society. In order to support this claim, law is explained as a kind of institution and as a kind of artefact. To say that it is an institution is to say that it is designed for creating and conferring special statuses to people so as to alter their rights and responsibilities toward each other. To say that it is an artefact is to say that it is a tool of human creation that is designed to signal its usability to people who interact with it. This picture of law's nature is marshalled to critique theories of law that see it mainly as a product of reason or morality, understanding those theories via their conceptions of law's function. It is also used to argue against those legal positivists who see law's functions as relatively minor aspects of its nature. This method of conceptualizing law's nature helps us to explain how the law, understood as social facts, can make normative demands upon us. It also recommends a methodology for understanding law that combines elements of conceptual analysis with empirical research for uncovering the purposes to which diverse peoples put their legal activities.
