Download or read book Legal Scholarship as a Source of Law written by Fábio P. Shecaira and published by Springer Science & Business Media. This book was released on 2013-07-09 with total page 90 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about the use of legal scholarship by judges. It discusses the possibility that legal scholarship may function as a genuine source of law in modern municipal legal systems. The book advances a number of claims, some conceptual, some empirical, some normative. The major conceptual claims are found in Chapters 2 and 3, where a general account of the notion of a source of law is provided. Roughly, sources of law are documents or practices (e.g. statutes, judicial decisions, official customs) from which norms can be derived that function as sources of content-independent reasons for judges to decide legal cases one way or another. The relevant notion of content-independence is derived (with qualifications) from H.L.A. Hart’s jurisprudence. Indeed, the book’s analysis of the concept of a source of law relies at various points on Hartian insights about law and legal reasoning. Chapter 4 argues that legal scholarship – or, more precisely, a particular type of legal scholarship that might be described as standard or doctrinal – can be, and indeed is, used as a source of law in modern legal systems. The conclusion that legal scholarship is used as a source of law (and thus as a source of content-independent reasons for action) may come as a surprise to those who associate judicial recourse to legal scholarship with judicial activism. This association is discussed and criticized in Chapters 5 and 6. It is argued that, in spite of a relatively common opinion to the contrary, legal scholarship can be used to mitigate discretion. In fact, it is precisely because it can be used in this way that judges sometimes refer to scholarship deceptively and suggest that it limits discretion in situations in which it really does not. The concluding chapter addresses potential objections not explicitly discussed in earlier chapters.
Download or read book Understanding the Sources of Early Modern and Modern Commercial Law written by and published by BRILL. This book was released on 2018-03-15 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributions of Understanding the Sources of Early Modern and Modern Commercial Law show an excellent assemblage of sources which historians of commercial law use. Besides normative sources, others are often needed to complement them.
Download or read book Legal Scholarship and Education written by Mark V. Tushnet and published by Routledge. This book was released on 2008 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays written by Mark Tushnet addresses a range of subjects, such as the development of critical legal studies and its current state, the intellectual status of legal scholarship, interdisciplinary legal scholarship (including law and economics), and selected topics in legal pedagogy. It provides an overview of his contribution to the intellectual history of legal scholarship and education in the United States from the 1970s.
Download or read book Law Firm Librarianship written by John Azzolini and published by Elsevier. This book was released on 2012-12-10 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: The legal information environment is deep, wide, and dynamic with many participants, including courts, parliaments, legislatures, and administrative bodies. None exemplifies the agile, knowledge-engaging legal player better than the law firm. Current, authoritative information is essential for the successful representation of clients. The firm's most dependable resource for retrieving information is its library staff. Law Firm Librarianship introduces the reader to the challenges, qualifications, and work conditions of this distinct type of research librarian. The book begins by asking what law firm librarianship is, whilst the second chapter focuses on the law firm and its culture. The third chapter covers the law firm library itself, including the practical aspects of the firm librarian's interaction with his or her professional environments. The next chapter considers the effects of legal publishing practices, and the penultimate section surveys the various research tools the firm librarian relies on for sound knowledge. The book concludes by looking at the dynamic qualities of law firm librarianship. Offers an up-to-date overview from an experienced practitioner Adds to the library literature by addressing a type of librarianship that usually receives little attention Applies field knowledge about legal information trends that will inform related areas of inquiry
Download or read book The Mind and Method of the Legal Academic written by J. M. Smits and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: ïJan Smits has long been one of the most interesting and original authors on European private law theory. Now he offers his views on legal scholarship, and they are as original as they are thought-provoking. His plea for a legal scholarship that maintains its identity vis-ö-vis neighboring disciplines without collapsing into doctrinairism is bound to yield lively discussions _ and hopefully will help re-establish a proper place for legal scholarship, in Europe and beyond.Í _ Ralf Michaels, Duke University, US ïThe Mind and Method of the Legal Academic is a valuable contribution to the discussion on legal methodology and legal theory, which offers an acute insight in contemporary academic discussions. Smits provides us with fresh ideas as to the (non)importance of social sciences for law, comparative law and what makes an academic discipline. He does so in a clear style and barely hundred pages text. It therefore can be highly recommended to all students of jurisprudence.Í _ Ewoud Hondius, University of Utrecht, The Netherlands ïA wonderful little book which explains to newcomers and old hands alike what legal academics are doing, how they are doing it, how they ought to be doing it, what kind of research environment they would need, and how all this should affect their teaching. Smits brings comparative and interdisciplinary approaches home to the core of scholarly legal work.Í _ Gerhard Dannemann, Centre for British Studies, Berlin, Germany ïThis book is a wide-ranging and bold exploration of the nature of legal scholarship. Lucid and learned, Smits draws upon a variety of sources to recommend a multi-faceted approach to the normative dimension of law. As such, it provides a theoretical base for comparative law but also for any inquiry into what law or legal principle is appropriate for a given problem or situation. All those engaged in critically examining the law will benefit from its insights.Í _ Anthony Ogus, University of Manchester, UK and University of Rotterdam, The Netherlands ïAcademic debate over law and legal scholarship has placed legal research and legal education under pressure. Jan SmitsÍ book is intellectual self-defence of legal scholarship tailored for the needs of tomorrow. The Mind and Method of the Legal Academic is fluid, creative and original. Makes wonderful reading for those who are concerned about the future of legal research and legal education in a globalized world.Í _ Jaakko Husa, University of Lapland, Finland In a context of changing times and current debate, this highly topical book discusses the aims, methods and organization of legal scholarship. Jan Smits assesses the recent turn away from doctrinal research towards a more empirical and theoretical way of legal investigation and offers a fresh perspective on what it is that legal academics should deal with and how they should do it. The book also considers the consequences which follow for the organization of the legal discipline by universities and uses this context to discuss the key questions of the internationalization of law schools, quality assessments, legal education and the research culture. Being the first book to address the aim and goals of legal scholarship in an international context, this insightful study will appeal to academics, graduate students, researchers and policymakers in higher education.
Download or read book Rethinking the Law School written by Carel Stolker and published by Cambridge University Press. This book was released on 2014-12-11 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law, by its very nature, tends to think locally, not globally. This book has a broader scope in terms of the range of nations and offers a succinct journey through law schools on different continents and subject matters. It covers education, research, impact and societal outreach, and governance. It illustrates that law schools throughout the world have much in common in terms of values, duties, challenges, ambitions and hopes. It provides insights into these aspirations, whilst presenting a thought-provoking discussion for a more global agenda on the future of law schools. Written from the perspective of a former dean, the book offers a unique understanding of the challenges facing legal education and research.
Download or read book Legal Doctrinal Scholarship written by Bódig, Mátyás and published by Edward Elgar Publishing. This book was released on 2021-07-31 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing a comprehensive account of the often-misunderstood area of legal doctrinal scholarship, this incisive book offers a novel framing for conceptual legal theory and the functions of conceptual theorising in legal studies. It explores the ways in which a doctrinally oriented legal theory may provide methodological support to legal scholars, arguing that making adequate sense of the rational reconstruction of law is pivotal in delivering such active support.
Download or read book Pluralising International Legal Scholarship written by Rossana Deplano and published by Edward Elgar Publishing. This book was released on 2019-12-27 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique book examines the role non-doctrinal research methods play in international legal research: what do they add to the traditional doctrinal analysis of law and what do they neglect? Focusing on empirical and socio-legal methods, it provides a critical evaluation of the breadth, scope and limits of the representation of international law created by these often-neglected methodologies.
Download or read book The Legal Scholar s Guidebook written by Elizabeth E. Berenguer and published by Aspen Publishing. This book was released on 2020-02-03 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Legal Scholar’s Guidebook demystifies academic legal writing by providing concrete advice on topic selection, research strategies, and analytical frameworks. It is an essential resource for any serious legal scholar. Nascent scholars will find it a reassuring guide through a demanding process and experienced scholars will find it a source of encouragement. Wherever you are on your scholarly journey, the Guidebook is your compass. Scholars will benefit from: Chapter Brainstorms that contain Questions guiding entry into stages of the research and writing process. Squelch the Impostor tips that include advice to manage stress inherent at each stage of the research and writing process. Specific assignments to methodically guide the scholar through each stage. Examples, Guides, and Checklists that provide samples to help the scholar understand expectations at each stage.
Download or read book Doing a Systematic Literature Review in Legal Scholarship written by Marnix Snel and published by . This book was released on 2017-12-05 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book is indispensable for any beginning legal academic, and a useful guide for even the most experienced researcher. With the rapid proliferation of legal literature, and its increasing globalization, neither memory nor intuition is sufficient to inform legal scholars of the published sources likely to be relevant for their own work. The authors provide a step-by-step solution that is clear, succinct and eminently practical, something that should be read before one embarks on legal research and consulted regularly as one proceeds."--Professor Ed Rubin *** In short, a literature review is the comprehensive study and interpretation of literature that relates to a particular topic. While legal scholars have increasingly started to emphasize the importance of conducting a systematic literature review prior to embarking on a larger academic research venture, discipline-specific guidelines have been absent until now. This book fills this gap by offering a step-by-step guide to doing a systematic literature review in legal scholarship. It first discusses what a systematic literature review is and why it is so important. It then moves consecutively through the process of delineating your topic and determining what information to search for, designing and carrying out a systematic search for relevant literature, critically appraising the literature, and synthesizing, discussing and presenting your findings. This will be vital reading for all those undertaking their undergraduate thesis, PhD dissertation, or any other research module that involves conducting academic research. [Subject: Legal Research, Legal Methodology]
Download or read book Academic Legal Writing written by Eugene Volokh and published by . This book was released on 2003 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Resource added for the Paralegal program 101101.
Download or read book Rethinking Legal Scholarship written by Rob van Gestel and published by . This book was released on 2017 with total page 543 pages. Available in PDF, EPUB and Kindle. Book excerpt: 11 The Role of Empirical Legal Studies in Legal Scholarship, Legal Education and Policy Making: A US Perspective
Download or read book Research Methods for Law written by Mike McConville and published by Edinburgh University Press. This book was released on 2017-01-18 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduces students to legalistic, theoretical, empirical, comparative and cross-disciplinary research methods, grounded in working examplesNew for this editionNew chapter on inter- and cross-disciplinary research essential reading for international students and students with a non-law first degree undertaking research in the areas of law, criminology, psychology and sociologyResearch ethics has been expanded to a full chapter that includes current plagiarism and imperfect disclosureBrings existing chapters up to date with the newest thinking in legal researchDrawing on actual research projects, Research Methods for Law discusses how legal research as process impacts on research as product. The author team has a broad range of teaching and research experience in law, criminal justice and socio-legal studies, and give examples from real-life research products to illustrate the theory.
Download or read book Problems of Knowledge in Legal Scholarship written by Philip Shuchman and published by . This book was released on 1979 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Scholarly Writing for Law Students written by Elizabeth Fajans and published by West Academic Publishing. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book fills an important niche in legal-writing literature by teaching law students how to write scholarly papers for seminars, law reviews and law-review competitions. It helps novices and even more experienced scholars to write papers with a minimum of anxiety. Employing a process theory of writing, the text first describes the enterprise of scholarly writing, and then discusses techniques for brainstorming, researching, drafting, and revising for substance and style. There are also chapters on footnote practice, plagiarism, law review editing, and publication. Appendices provide a sample law-review competition paper, answers to in-text exercises, and sample syllabi for scholarly writing courses.
Download or read book Rethinking Legal Scholarship written by Rob van Gestel and published by Cambridge University Press. This book was released on 2017-02-02 with total page 867 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although American scholars sometimes consider European legal scholarship as old-fashioned and inward-looking and Europeans often perceive American legal scholarship as amateur social science, both traditions share a joint challenge. If legal scholarship becomes too much separated from practice, legal scholars will ultimately make themselves superfluous. If legal scholars, on the other hand, cannot explain to other disciplines what is academic about their research, which methodologies are typical, and what separates proper research from mediocre or poor research, they will probably end up in a similar situation. Therefore we need a debate on what unites legal academics on both sides of the Atlantic. Should legal scholarship aspire to the status of a science and gradually adopt more and more of the methods, (quality) standards, and practices of other (social) sciences? What sort of methods do we need to study law in its social context and how should legal scholarship deal with the challenges posed by globalization?
Download or read book Philosophical Foundations of the Nature of Law written by Wil Waluchow and published by Oxford University Press. This book was released on 2013-03-14 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines power-sharing agreements, their legitimacy and their compatibility with human rights law. Providing a clear, accessible introduction to the political science and human rights law on the issue, the book is an invaluable guide to all those engaged with transitional justice, peace agreements, and human rights.
