Download or read book How to Do Things with Legal Doctrine written by Pierre Schlag and published by University of Chicago Press. This book was released on 2020-10-10 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal doctrine—the creation of doctrinal concepts, arguments, and legal regimes built on the foundation of written law—is the currency of contemporary law. Yet law students, lawyers, and judges often take doctrine for granted, without asking even the most basic questions. How to Do Things with Legal Doctrine is a sweeping and original study that focuses on how to understand legal doctrine via a hands-on approach. Taking up the provocative invitations from the “New Doctrinalists,” Pierre Schlag and Amy J. Griffin refine the conceptual and rhetorical operations legal professionals perform with doctrine—focusing especially on those difficult moments where law seems to run out, but legal argument must go on. The authors make the crucial operations of doctrine explicit, revealing how they work, and how they shape the law that emerges. How to Do Things with Legal Doctrine will help all those studying or working with law to gain a more systematic understanding of the doctrinal moves many of our best lawyers make intuitively.
Download or read book Legal Doctrine and Social Progress Classic Reprint written by Frank Parsons and published by Forgotten Books. This book was released on 2018-01-13 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from Legal Doctrine and Social Progress The stupendous social problems of this age force as to face the question - shall remedy be found by evolution or revolution? The answer to this question is of momentous importance. It determines one's attitude toward the prob lems and marks the essential nature of his ao tivities. If he believes that revolution is the way out he Will very likely be unsympathetic With reforms, and impatient of palliative measures. He Will clothe his ideals With abundance of detail and refuse to pave the road or even blaze the trail by Which they must be reached. He complacently postpones all progress to that joyful day When his perfect ideal will be realized in one grand coup d'etat. The man on the other hand Who believes in re forms and evolutionary methods of social prog ress Will do what he can each day to gain an inch toward things as they ought to be. 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 Legal Doctrine and Social Progress written by Frank Parsons and published by Forgotten Books. This book was released on 2015-06-14 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from Legal Doctrine and Social Progress The stupendous social problems of this age force us to face the question - shall remedy be found by evolution or revolution? The answer to this question is of momentous importance. It determines one's attitude toward the problems and marks the essential nature of his activities. If he believes that revolution is "the way out" he will very likely be unsympathetic with reforms, and impatient of "palliative measures." He will clothe his ideals with abundance of detail and refuse to pave the road or even blaze the trail by which they must be reached. He complacently postpones all progress to that joyful day when his perfect ideal will be realized in one grand coup d' etat. The man on the other hand who believes in reforms and evolutionary methods of social progress will do what he can each day to gain an inch toward things as they ought to be. A man is an evolutionist or a revolutionist in the matter of pursuing his ideal, according to the view he takes of the law, the constitution and chart of present civic institutions. 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 How to Do Things With Rules written by William Twining and published by Cambridge University Press. This book was released on 1999-05 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Demystifies legal method by combining a wide variety of concrete examples with a general account of rules in general." - cover.
Download or read book Unilateral Acts written by Betina Kuzmarov and published by Taylor & Francis. This book was released on 2018-05-20 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: We are in a moment where peoples and states are interested, directly or indirectly, in asserting their "national interest," unilaterally if necessary. In the White House, the national security policy is premised on "America First," while Catalans and Iraqi Kurds have taken steps to unilaterally declare their independence. All of these actions have generated tension both domestically and internationally. However, even though the potential for unilateral action has been receiving a lot of attention, the larger issue of the legality of unilateral acts is often hard to discern. This book provides a history of the doctrine of unilateral acts in international law, tracing their treatment in the international sphere from consent based acts, to obligations erga omnes, to acts of estoppel. ? Through chapter-by-chapter case studies, this book traces the "legalization" of the category of unilateral acts from its 19th Century foundations into a broad category of obligation. To understand why and how this occurred, this book examines the history of the legal doctrine of unilateral acts, which shows that in spite of efforts to progressively make unilateral acts "legal" they are still not precisely defined or easy to apply, challenging the very commitment these acts are meant to establish.
Download or read book Criminal Legal Doctrine written by Peter Rush and published by Routledge. This book was released on 2018-08-13 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1997, this volume examines questions of legal doctrine which have never been far from the study of crime. It has not always been able to keep the doctrinal aspects of law clearly in sight. There is always the pressure to turn to philosophy for the consideration of questions of moral and legal responsibility and to criminology and psychology for the analysis of action. The essays collected in this book turn again to questions of doctrine and consider the dogmatic order of law as the basis of the understanding of crime. It is the general argument of this book that without an understanding of the dogmatic order of the legal subject of crime, there will only ever be answers to questions that have never been appropriately asked. Loosely collected around questions of institution, judgement and address, these essays bring modern historical, doctrinal and cultural scholarship to bear on the practices of legal doctrine. Their aim is to offer an account of criminal law as a practice that institutes, judges and addresses the legal subject through a range of practices and knowledges. These range from the disciplinary knowledges of mental health to the cultural knowledges of femininity and female desire. They include the technical demands of law writing and court room procedure as well as symbolic powers of imagining corporate crime. These all are returned to the practical question of the production of knowledge through legal doctrine. These essays address a set of questions that have lain dormant in legal scholarship for much of the post-1945 era. In a time when the authority of law is being reconsidered at its foundations, it is appropriate too to reconsider the means and manner of the transmission of criminal law. Without an understanding of the formation of criminal law it is hardly surprising that questions of law reform raise such confusion.
Download or read book How to Brief a Case written by John Delaney and published by John Delaney Publications. This book was released on 1987 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Force and Freedom written by Arthur Ripstein and published by Harvard University Press. This book was released on 2010-02-15 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this masterful work, both an illumination of Kant’s thought and an important contribution to contemporary legal and political theory, Arthur Ripstein gives a comprehensive yet accessible account of Kant’s political philosophy. Ripstein shows that Kant’s thought is organized around two central claims: first, that legal institutions are not simply responses to human limitations or circumstances; indeed the requirements of justice can be articulated without recourse to views about human inclinations and vulnerabilities. Second, Kant argues for a distinctive moral principle, which restricts the legitimate use of force to the creation of a system of equal freedom. Ripstein’s description of the unity and philosophical plausibility of this dimension of Kant’s thought will be a revelation to political and legal scholars. In addition to providing a clear and coherent statement of the most misunderstood of Kant’s ideas, Ripstein also shows that Kant’s views remain conceptually powerful and morally appealing today. Ripstein defends the idea of equal freedom by examining several substantive areas of law—private rights, constitutional law, police powers, and punishment—and by demonstrating the compelling advantages of the Kantian framework over competing approaches.
Download or read book Thinking Like a Lawyer written by Frederick Schauer and published by Harvard University Press. This book was released on 2012-04-02 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This primer on legal reasoning is aimed at law students and upper-level undergraduates. But it is also an original exposition of basic legal concepts that scholars and lawyers will find stimulating. It covers such topics as rules, precedent, authority, analogical reasoning, the common law, statutory interpretation, legal realism, judicial opinions, legal facts, and burden of proof.
Download or read book Lawyers in Practice written by Leslie C. Levin and published by University of Chicago Press. This book was released on 2012-03-30 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do lawyers resolve ethical dilemmas in the everyday context of their practice? What are the issues that commonly arise, and how do lawyers determine the best ways to resolve them? Until recently, efforts to answer these questions have focused primarily on rules and legal doctrine rather than the real-life situations lawyers face in legal practice. The first book to present empirical research on ethical decision making in a variety of practice contexts, including corporate litigation, securities, immigration, and divorce law, Lawyers in Practice fills a substantial gap in the existing literature. Following an introduction emphasizing the increasing importance of understanding context in the legal profession, contributions focus on ethical dilemmas ranging from relatively narrow ethical issues to broader problems of professionalism, including the prosecutor’s obligation to disclose evidence, the management of conflicts of interest, and loyalty to clients and the court. Each chapter details the resolution of a dilemma from the practitioner’s point of view that is, in turn, set within a particular community of practice. Timely and practical, this book should be required reading for law students as well as students and scholars of law and society.
Download or read book The Doctrine of the Law and Grace Unfolded written by John Bunyan and published by . This book was released on 1806 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Doctrine of the Law and Grace Unfolded The fifth edition corrected and amended written by John Bunyan and published by . This book was released on 1781 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Public Law Adjudication in Common Law Systems written by John Bell and published by Bloomsbury Publishing. This book was released on 2016-04-07 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume arises from the inaugural Public Law Conference hosted in September 2014 by the Centre for Public Law at the University of Cambridge, which brought together leading public lawyers from a number of common law jurisdictions. While those from such jurisdictions share background understandings, significant differences within the common law world create opportunities for valuable exchanges of ideas and debate. This collection draws upon one of the principal sub-themes that emerged during the conference – namely, the the way in which relationships and distinctions between the notions of 'process' and 'substance' play out in relation to and inform adjudication in public law cases. The essays contained in this volume address those issues from a variety of perspectives. While the bulk of the chapters consider topical issues in judicial review, either on common law or human rights grounds, or both, other chapters adopt more theoretical, historical, empirical or contextual approaches. Concluding chapters reflect generally on the papers in the collection and the value of facilitating cross-jurisdictional dialogue.
Download or read book The Doctrine of the Law and Grace unfolded or a Discourse touching the law and grace etc written by John Bunyan and published by . This book was released on 1701 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Judges and Adjudication in Constitutional Democracies A View from Legal Realism written by Pierluigi Chiassoni and published by Springer Nature. This book was released on 2020-12-11 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book offers contributions to a philosophical and realistic approach to the place of adjudication in contemporary constitutional democracies. Bringing together scholars from different legal and philosophical backgrounds, the book purports to cast light on the role(s) of judges and the function of judicial interpretation inside of constitutional states, from the standpoint of legal realism as a revisited and sophisticated jurisprudential outlook. In so doing, the book also copes with a few major jurisprudential issues, like, e.g., determining the ideas that make up the core of legal realism, exploring the relation between legal realism and legal positivism, identifying the boundaries of judicial interpretation as they appear from a realist standpoint, as well as considering some skeptical outlooks on the very claims of contemporary legal realism.
Download or read book The Legal Doctrines of the Rule of Law and the Legal State Rechtsstaat written by James R. Silkenat and published by Springer. This book was released on 2014-05-28 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the development of both the civil law conception of the Legal State and the common law conception of the Rule of Law. It examines the philosophical and historical background of both concepts, as well as the problem of the interrelation between the two doctrines. The book brings together twenty-five leading scholars from around the world and provides both general and specific jurisdictional perspectives of the issue in both contemporary and historical settings. The Rule of Law is a legal doctrine the meaning of which can only be fully appreciated in the context of both the common law and the European civil law tradition of the Legal State (Rechtsstaat). The Rule of Law and the Legal State are fundamental safeguards of human dignity and of the legitimacy of the state and the authority of state prescriptions.
Download or read book Legal Secrets written by Kim Lane Scheppele and published by University of Chicago Press. This book was released on 1988-11-15 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does the seller of a house have to tell the buyer that the water is turned off twelve hours a day? Does the buyer of a great quantity of tobacco have to inform the seller that the military blockade of the local port, which had depressed tobacco sales and lowered prices, is about to end? Courts say yes in the first case, no in the second. How can we understand the difference in judgments? And what does it say about whether the psychiatrist should disclose to his patient's girlfriend that the patient wants to kill her? Kim Lane Scheppele answers the question, Which secrets are legal secrets and what makes them so? She challenges the economic theory of law, which argues that judges decide cases in ways that maximize efficiency, and she shows that judges use equality as an important principle in their decisions. In the course of thinking about secrets, Scheppele also explores broader questions about judicial reasoning—how judges find meaning in legal texts and how they infuse every fact summary with the values of their legal culture. Finally, the specific insights about secrecy are shown to be consistent with a general moral theory of law that indicates what the content of law should be if the law is to be legitimate, a theory that sees legal justification as the opportunity to attract consent. This is more than a book about secrets. It is also a book about the limits of an economic view of law. Ultimately, it is a work in constructive legal theory, one that draws on moral philosophy, sociology, economics, and political theory to develop a new view of legal interpretation and legal morality.
