Download or read book German Legal Science Today written by Ernst Joseph Cohn and published by . This book was released on 1953 with total page 31 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Introduction to the Science of Law written by Karl Gareis and published by . This book was released on 1911 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Law s History written by David M. Rabban and published by Cambridge University Press. This book was released on 2013 with total page 585 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a study of the central role of history in late-nineteenth century American legal thought. In the decades following the Civil War, the founding generation of professional legal scholars in the United States drew from the evolutionary social thought that pervaded Western intellectual life on both sides of the Atlantic. Their historical analysis of law as an inductive science rejected deductive theories and supported moderate legal reform, conclusions that challenge conventional accounts of legal formalism Unprecedented in its coverage and its innovative conclusions about major American legal thinkers from the Civil War to the present, the book combines transatlantic intellectual history, legal history, the history of legal thought, historiography, jurisprudence, constitutional theory, and the history of higher education.
Download or read book The Law that We Feel Living Within Us written by Katharina Isabel Schmidt and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Law That We Feel Living Within Us" challenges established narratives of continuity and rupture in modern German legal history. Postwar scholars claimed that Germany's long-standing tradition of legal positivism, based on the maxim "law is law," had left jurists susceptible to Hitler. Subsequent scholars, by contrast, analyzed the Third Reich in terms of "bionomy," a novel kind of race-jurisprudence based on the maxim "life is law." Charting a middle ground between these views, my dissertation demonstrates that German law was life-law long before the Nazis came to power. Life, leading up to the Third Reich, had implied not so much race as flexibility of method, structure, and procedure. Though life continued to have that meaning past 1933, the Nazis added an extra dimension: blood. Legal vitalism, for Wilhelmine and Weimar jurists, had been compatible with legal science. Hitler's governing elites, however, tried to gradually eradicate the discipline and its practitioners. Nothing, and no one, could come between the German people and the law they felt in their hearts.My dissertation explores changing meanings of life in law through the medium of life as biography. Based on published and unpublished sources from three continents, I tell the story of a cohort of German jurists, born between 1877 and 1878, who were central members of the so-called free law movement: Gustav Radbruch, Hermann Kantorowicz, Max Rumpf, Theodor Sternberg, and Justus Wilhelm Hedemann. Drawing on the life sciences, life philosophy, and life reform, all five criticized conventional legality for being abstract, unworldly, and out of touch with life. Through scholarship and social activism, they popularized the idea that law was not what the Code said it was but what reality demanded. Their maxim "life is law" transformed German jurisprudence from the bottom up--so much so that it still captivated Nazi jurists a generation later. By 1933, some free lawyers were living as exiles in Japan and the U.S., while others were working their way up the Nazi career ladder. My dissertation traces how all five of my protagonists reckoned with uncomfortable parallels between their youthful free law ideas and Nazi life-jurisprudence.
Download or read book The Transformation of Administrative Law in Europe written by Matthias Ruffert and published by sellier. european law publ.. This book was released on 2007 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This volume is a collection of the papers presented at the first ('kick-off') meeting in ... Dornburg, near Jena (Germany), 26-28 May 2005."--Foreword.
Download or read book The Renaissance of Legal Science After the Middle Ages written by Ernst Andersen and published by . This book was released on 1974 with total page 142 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Gift of Science written by Roger BERKOWITZ and published by Harvard University Press. This book was released on 2009-06-30 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: Moving from the scientific revolution to the nineteenth-century rise of legal codes, Berkowitz tells the story of how lawyers and philosophers invented legal science to preserve law's claim to moral authority. The "gift" of science, however, proved bittersweet. Instead of strengthening the bond between law and justice, the subordination of law to science transformed law from an ethical order into a tool for social and economic ends.
Download or read book Law and Knowledge Remarks on a Debate in German Legal Science written by Hans-Heinrich Trute and published by . This book was released on 2016 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt: The relationship between law and knowledge is a new topic in the field of legal science, and it is dealt with in particular in public law as sub-discipline of law. The topic is definitely not new with regard to other scientific domains. Thus law might be seen as a late comer. This article intends to outline some aspects of the current discussion to provide the essential groundwork on the topic, initially by explaining why the interrelation between law and knowledge might be important. This article does not cover aspects of knowledge as an object of law, which is often discussed under this headline but focusses on more basic aspects of the relationship between knowledge and law that may summarized in the hypothesis that law shapes knowledge but also that knowledge shapes the law. Following an introduction on how 'knowledge' is to be defined as a term, the discourse moves on to examine law as a practice through which knowledge is constantly generated in multiple manners, while, immediately afterwards the different typologies of knowledge, from the most tangible (through experience and conventions) to the most articulate ones (through European administrative networks) are presented. It reveals an important requirement of creating a European Administrative space, which is a shared knowledge base where administrative actions are embedded in. Even if it may come as a surprise to some, ignorance, as the opposite of knowledge, can also be a process or element that plays a role in law generation, as the article further argues. Last but not least, an analysis of the preconditions necessary for observing the law and knowledge conundrum either under conditions of awareness or of ignorance is provided.
Download or read book The Cambridge Companion to Legal Positivism written by Torben Spaak and published by Cambridge University Press. This book was released on 2021-02-04 with total page 807 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book brings together 33 state-of-the-art chapters on the import and the pros and cons of legal positivism.
Download or read book The Conceptual Change of Conscience written by Ville Erkkilä and published by Mohr Siebeck. This book was released on 2019-03-05 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: How did the drastic experiences of the turbulent twentieth century affect the works of a legal historian? What kind of an impact did they have on the ideas of justice and rule of law prominent in legal historiography? Ville Erkkila analyses the way in which the concepts of 'Rechtsgewissen' and 'Rechtsbewusstsein' evolved over time in the works of the prestigious legal historian Franz Wieacker. With the help of previously unavailable sources such as private correspondence, the author reveals how Franz Wieacker's personal experiences intertwined in his legal historiography with the tradition of legal science as well as the social and political destinies of twentieth century Germany.
Download or read book German Science in the Age of Empire written by Moritz von Brescius and published by Cambridge University Press. This book was released on 2018 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: A path-breaking study of national, imperial and indigenous interests at stake in a controversial German expedition to British India.
Download or read book Science at the Bar written by Sheila Jasanoff and published by Harvard University Press. This book was released on 2009-07-01 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Issues spawned by the headlong pace of developments in science and technology fill the courts. How should we deal with frozen embryos and leaky implants, dangerous chemicals, DNA fingerprints, and genetically engineered animals? The realm of the law, to which beleaguered people look for answers, is sometimes at a loss—constrained by its own assumptions and practices, Sheila Jasanoff suggests. This book exposes American law’s long-standing involvement in constructing, propagating, and perpetuating a variety of myths about science and technology. Science at the Bar is the first book to examine in detail how two powerful American institutions—both seekers after truth—interact with each other. Looking at cases involving product liability, medical malpractice, toxic torts, genetic engineering, and life and death, Jasanoff argues that the courts do not simply depend on scientific findings for guidance—they actually influence the production of science and technology at many different levels. Research is conducted and interpreted to answer legal questions. Experts are selected to be credible on the witness stand. Products are redesigned to reduce the risk of lawsuits. At the same time the courts emerge here as democratizing agents in disputes over the control and deployment of new technologies, advancing and sustaining a public dialogue about the limits of expertise. Jasanoff shows how positivistic views of science and the law often prevent courts from realizing their full potential as centers for a progressive critique of science and technology. With its lucid analysis of both scientific and legal modes of reasoning, and its recommendations for scholars and policymakers, this book will be an indispensable resource for anyone who hopes to understand the changing configurations of science, technology, and the law in our litigious society.
Download or read book A History of Germanic Private Law written by Rudolf Hübner and published by The Lawbook Exchange, Ltd.. This book was released on 2000 with total page 848 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Hitler s American Model written by James Q. Whitman and published by Princeton University Press. This book was released on 2017-02-14 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: How American race law provided a blueprint for Nazi Germany Nazism triumphed in Germany during the high era of Jim Crow laws in the United States. Did the American regime of racial oppression in any way inspire the Nazis? The unsettling answer is yes. In Hitler's American Model, James Whitman presents a detailed investigation of the American impact on the notorious Nuremberg Laws, the centerpiece anti-Jewish legislation of the Nazi regime. Contrary to those who have insisted that there was no meaningful connection between American and German racial repression, Whitman demonstrates that the Nazis took a real, sustained, significant, and revealing interest in American race policies. As Whitman shows, the Nuremberg Laws were crafted in an atmosphere of considerable attention to the precedents American race laws had to offer. German praise for American practices, already found in Hitler's Mein Kampf, was continuous throughout the early 1930s, and the most radical Nazi lawyers were eager advocates of the use of American models. But while Jim Crow segregation was one aspect of American law that appealed to Nazi radicals, it was not the most consequential one. Rather, both American citizenship and antimiscegenation laws proved directly relevant to the two principal Nuremberg Laws—the Citizenship Law and the Blood Law. Whitman looks at the ultimate, ugly irony that when Nazis rejected American practices, it was sometimes not because they found them too enlightened, but too harsh. Indelibly linking American race laws to the shaping of Nazi policies in Germany, Hitler's American Model upends understandings of America's influence on racist practices in the wider world.
Download or read book Law as a Means to an End written by Rudolf von Jhering and published by The Lawbook Exchange, Ltd.. This book was released on 1999 with total page 548 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jhering, Rudolph von. Law as a Means to an End. Translated from the German by Isaac Husik with an Editorial Preface by Joseph H. Drake and with Introductions by Henry Lamm and W.M. Geldart. Boston: The Boston Book Company, 1913. lxi, 483 pp. Reprinted 1999 by The Lawbook Exchange, Ltd. LCCN 99-23754. ISBN 1-58477-009-0. Cloth. $80. * Originally published as Volume V of the Modern Legal Philosophy Series. Influential landmark of nineteenth century jurisprudence on which the modern concept of social utilitarianism is based. Jhering [1818-1892] advances the idea that law should be used to realize social justice. The Struggle for Law, another Jhering classic, is also available as a reprint published by The Lawbook Exchange.
Download or read book Legal science philosophy written by Jacques Havet and published by Walter de Gruyter GmbH & Co KG. This book was released on 2019-06-04 with total page 684 pages. Available in PDF, EPUB and Kindle. Book excerpt: No detailed description available for "Legal science, philosophy".
Download or read book Pure Theory of Law written by Hans Kelsen and published by The Lawbook Exchange, Ltd.. This book was released on 2005 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reprint of the second revised and enlarged edition, a complete revision of the first edition published in 1934. A landmark in the development of modern jurisprudence, the pure theory of law defines law as a system of coercive norms created by the state that rests on the validity of a generally accepted Grundnorm, or basic norm, such as the supremacy of the Constitution. Entirely self-supporting, it rejects any concept derived from metaphysics, politics, ethics, sociology, or the natural sciences. Beginning with the medieval reception of Roman law, traditional jurisprudence has maintained a dual system of "subjective" law (the rights of a person) and "objective" law (the system of norms). Throughout history this dualism has been a useful tool for putting the law in the service of politics, especially by rulers or dominant political parties. The pure theory of law destroys this dualism by replacing it with a unitary system of objective positive law that is insulated from political manipulation. Possibly the most influential jurisprudent of the twentieth century, Hans Kelsen [1881-1973] was legal adviser to Austria's last emperor and its first republican government, the founder and permanent advisor of the Supreme Constitutional Court of Austria, and the author of Austria's Constitution, which was enacted in 1920, abolished during the Anschluss, and restored in 1945. The author of more than forty books on law and legal philosophy, he is best known for this work and General Theory of Law and State. Also active as a teacher in Europe and the United States, he was Dean of the Law Faculty of the University of Vienna and taught at the universities of Cologne and Prague, the Institute of International Studies in Geneva, Harvard, Wellesley, the University of California at Berkeley, and the Naval War College. Also available in cloth.
