Download or read book Form and Substance in Anglo American Law written by American Bar Association. Special Committee on Standards of Judicial Conduct and published by . This book was released on 1987 with total page 437 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Form and substance in Anglo American law written by P.S. Atiyah and published by . This book was released on 1987 with total page 437 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Form and Substance in the Law of Obligations written by Andrew Robertson and published by Bloomsbury Publishing. This book was released on 2019-11-28 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the relationship between form and substance in the law of obligations. It builds on the rich tradition of legal thought that deploys the concepts of form and substance to inform our understanding of the common law. The essays in this collection offer multiple conceptions of form and substance and cover an array of private law subjects, scholarly approaches and jurisdictions. The collection makes it clear that the interplay between form and substance is a key element of the dynamism that characterises this area of the law.
Download or read book Select Essays in Anglo American Legal History written by Association of American Law Schools and published by . This book was released on 1907 with total page 890 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Some Leading Principles of Anglo American Law written by Henry Taylor Terry and published by Forgotten Books. This book was released on 2018-09-25 with total page 706 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from Some Leading Principles of Anglo-American Law: Expounded With a View to Its Arrangement and Codification It is plain that the condition of our law, as to its form, is fast becoming unbearable. Whatever may be said in praise of its sub stance, and much may with truth be said, it. Must be acknowledged to be shapeless, chaotic, bewildering, without any sufficiently intel ligible arrangement or an orderly and clear exhibition of its princi ples, a mountainous stack of precedents. As longas the bulk of it was small this state of things, though an evil could be endured; but now the reported decisions from which legal rules and principles must be picked piecemeal are multiplying so fast - and there seems to be no way of stopping them - that the law is becoming inaccessi ble even to lawyers and judges to a very undesirable extent. The only remedy for this that I can see is a complete and systematic arrangement of the whole body of the law, not a mere general sketch in outline but specific and in minute detail so that the principle or rule applicable to any given case can be seen to have its proper place in it, generally accepted by lawyers, writers upon law and legisla tors. Probably this would be best accomplished ia a code, which would have authority as well as persuasiveness; but before such a code as is needed could be made at all the substance of it must already have become widely known and agreed upon. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Download or read book Don t Reinvent the Wheel written by Boston College Law Library and published by . This book was released on 2017 with total page 17 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Legal Reasoning and Legal Theory written by Neil MacCormick and published by Clarendon Press. This book was released on 1994-08-11 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: What makes an argument in a law case good or bad? Can legal decisions be justified by purely rational argument or are they ultimately determined by more subjective influences? These questions are central to the study of jurisprudence, and are thoroughly and critically examined in Legal Reasoning and Legal Theory, now with a new and up-to-date foreword. Its clarity of explanation and argument make this classic legal text readily accessible to lawyers, philosophers, and any general reader interested in legal processes, human reasoning, or practical logic.
Download or read book Dimensions of Private Law written by S. M. Waddams and published by Cambridge University Press. This book was released on 2003-07-10 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the inherent complexities of private law; relevant to property, tort, contract, legal method and legal theory.
Download or read book The Jurisprudence of Law s Form and Substance written by Robert S. Summers and published by Routledge. This book was released on 2018-04-27 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title was first published in 2000: Robert S. Summers is a distinguished legal theorist whose work has had significant influence in Europe as well as the United States. The study of form and substance in law, the theme of this collection, marks many of his most distinctive contributions to law and legal philosophy over four decades.
Download or read book Form and Function in a Legal System written by Robert S. Summers and published by Cambridge University Press. This book was released on 2005-11-14 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses three major questions about law and legal systems: (1) What are the defining and organising forms of legal institutions, legal rules, interpretative methodologies, and other legal phenomena? (2) How does frontal and systematic focus on these forms advance understanding of such phenomena? (3) What credit should the functions of forms have when such phenomena serve policy and related purposes, rule of law values, and fundamental political values such as democracy, liberty, and justice? This book seeks to offer general answers to these questions and thus gives form in the law its due. The answers not only provide articulate conversancy with the subject but also reveal insights into the nature of law itself, the oldest and foremost problem in legal theory and allied subjects.
Download or read book The Clamor of Lawyers written by Peter Charles Hoffer and published by Cornell University Press. This book was released on 2018-10-15 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Clamor of Lawyers explores a series of extended public pronouncements that British North American colonial lawyers crafted between 1761 and 1776. Most, though not all, were composed outside of the courtroom and detached from on-going litigation. While they have been studied as political theory, these writings and speeches are rarely viewed as the work of active lawyers, despite the fact that key protagonists in the story of American independence were members of the bar with extensive practices. The American Revolution was, in fact, a lawyers’ revolution. Peter Charles Hoffer and Williamjames Hull Hoffer broaden our understanding of the role that lawyers played in framing and resolving the British imperial crisis. The revolutionary lawyers, including John Adams’s idol James Otis, Jr., Pennsylvania’s John Dickinson, and Virginians Thomas Jefferson and Patrick Henry, along with Adams and others, deployed the skills of their profession to further the public welfare in challenging times. They were the framers of the American Revolution and the governments that followed. Loyalist lawyers and lawyers for the crown also participated in this public discourse, but because they lost out in the end, their arguments are often slighted or ignored in popular accounts. This division within the colonial legal profession is central to understanding the American Republic that resulted from the Revolution.
Download or read book Scholars of Tort Law written by James Goudkamp and published by Bloomsbury Publishing. This book was released on 2019-10-03 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: The publication of Scholars of Tort Law marks the beginning of a long overdue rebalancing of private law scholarship. Instead of concentrating on judicial decisions and academic commentary only for what that commentary says about judicial decisions, the book explores the contributions of scholars of tort law in their own right. The work of a selection of leading scholars of tort law from across the common law world, ranging from Thomas Cooley (1824–1898) to Patrick Atiyah (1931–2018), is addressed by eminent current scholars in the field. The focus of the contributions is on the nature of the work produced by each of the scholars in question, important influences on their work, and the influence which that work in turn had on thinking about tort law. The process of subjecting tort law scholarship to sustained analysis provides new insights into the intellectual development of tort law and reveals the important role played by scholars in that development. By focusing on the work of influential tort scholars, the book serves to emphasise the importance of legal scholarship to the development of the common law more generally.
Download or read book Natural Law Theory written by Robert P. George and published by Oxford University Press. This book was released on 1992 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: Natural law theory is enjoying a revival of interest in a variety of scholarly disciplines including law, philosophy, political science, and theology and religious studies. This volume presents twelve original essays by leading natural law theorists and their critics. The contributors discuss natural law theories of morality, law and legal reasoning, politics, and the rule of law. Readers get a clear sense of the wide diversity of viewpoints represented among contemporary theorists, and an opportunity to evaluate the arguments and counterarguments exchanged in the current debates between natural law theorists and their critics. Contributors include Hadley Arkes, Joseph M. Boyle, Jr., John Finnis, Robert P. George, Russell Hittinger, Neil MacCormick, Michael Moore, Jeffrey Stout, Joseph Raz, Jeremy Waldron, Lloyd Weinreb, and Ernest Weinrib.
Download or read book The Shifting Meaning of Legal Certainty in Comparative and Transnational Law written by Mark Fenwick and published by Bloomsbury Publishing. This book was released on 2017-09-21 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: The principle of legal certainty is of fundamental importance for law and society: it has been vital in stabilising normative expectations and in providing a framework for social interaction, as well as defining the scope of individual freedom and political power. Even though it has not always been fully realised, legal certainty has also functioned as a normative ideal that has structured legal debates, both at the national and transnational level. This book presents research from a range of substantive areas regarding the meaning, possibility and desirability of legal certainty in the context of a rapidly changing global society. It aims to address these issues by bringing together scholars from various jurisdictions in order to examine changes in the shifting meaning of legal certainty in a comparative and transnational context. In particular, the book explores some of the tensions that now exist between the conventional expectation of legal certainty and the various challenges associated with regulating highly complex, late modern economies and societies. The book will be of interest to lawyers concerned with understanding the transformation of core rule of law values in the context of contemporary social change, as well as to political scientists and social theorists.
Download or read book Engaging with Foreign Law written by Basil S Markesinis and published by Bloomsbury Publishing. This book was released on 2009-03-30 with total page 474 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a developed theory of how national lawyers can approach, understand, and make use of foreign law. Its theme is pursued through a set of detailed essays which look at the courts as well as business practice and, with the help of statistics, demonstrate what type of academic work has any impact on the 'real' world. Engaging with Foreign Law thus aims to carve out a new niche for comparative law in this era of globalisation, and may also be the only book which deals in some depth with both private and public law in countries such as England, Germany, France, South Africa, and the United States.
Download or read book Puritans and Puritanism in Europe and America 2 volumes written by Francis J. Bremer and published by Bloomsbury Publishing USA. This book was released on 2005-12-19 with total page 744 pages. Available in PDF, EPUB and Kindle. Book excerpt: This exhaustive treatment of the Puritan movement covers its doctrines, its people, its effects on politics and culture, and its enduring legacy in modern Britain and America. Puritanism began in the 1530s as a reform movement within the Church of England. It endured into the 18th century. In between, it powerfully influenced the course of political events both in Britain and in the United States. Puritanism shaped the American colonies, particularly New England. It was a key ingredient in literature, from authors as diverse as John Milton and Nathaniel Hawthorne. Although Puritanism as a formal movement has been gone for more than 300 years, its influence continues on the mores and norms of America and Britain. This ambitious work contains nearly 700 entries covering people, events, ideas, and doctrines—the whole of Puritanism. Exhaustive and authoritative, it draws on the work of more than 80 leading scholars in the field. Impeccable scholarship combines with eminent readability to make this a valuable work for all readers and researchers from secondary school up.
Download or read book Legal Method and the Rule of Law written by Sebastián Urbina and published by Springer Science & Business Media. This book was released on 2002-08-31 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: We cannot see the world as it is because we face it in a 'contaminated' vein. That is, our conceptual scheme and biological constitution condition our world view. The legal normative world we are dealing with has some special features, like the primacy of practical reason over theoretical reason and the primacy of the internal point of view over the external point of view. Although it is not a feature of all legal traditions, 'legal dogmatics' is a privileged way of knowing legal normative object, that is, our legal orders. But we are not undertaking - as legal scholars - an empiricist enterprise because, among other reasons, we are not interested in the reality 'in itself' but in the 'relevant' reality, at least for us. In this respect, we do not only depend on theories (like physicists) but also on legal authoritative sources, that is, power and legitimacy. Legal scholars (and other participants in the legal life) are not neutral observers of their own world, trying to discover some hidden truth. They are committed experts trying to describe, justify and improve the legal order.
