Download or read book Evaluation and Legal Theory written by Julie Dickson and published by Bloomsbury Publishing. This book was released on 2001-06-05 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: If Raz and Dworkin disagree over how law should be characterised,how are we, their jurisprudential public, supposed to go about adjudicating between the rival theories which they offer us? To what considerations would those theorists themselves appeal in order to convince us that their accounts of law are accurate and successful? Moreover, what is it that makes an account of law successful? Evaluation and Legal Theory tackles methodological or meta-theoretical issues such as these, and does so via attempting to answer the question: to what extent, and in what sense, must a legal theorist make value judgements about his data in order to construct a successful theory of law? Dispelling the obfuscatory myth that legal positivism seeks a 'value-free' account of law, the author attempts to explain and defend Joseph Razs position that evaluation is essential to successful legal theory, whilst refuting John Finnis and Ronald Dworkins contentions that the legal theorist must morally evaluate and morally justify the law in order to properly explain its nature. The book does not claim to solve the many mysteries of meta-legal theory but does seek to contribute to and engender rigorous and focused debate on this topic.
Download or read book Risks and Legal Theory written by Jenny Steele and published by Bloomsbury Publishing. This book was released on 2004-04-01 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: In almost every field of law,from tort and contract to environmental law and criminal justice, issues about 'risk' are increasingly of interest to lawyers. At the same time, there has been little general enquiry into the nature of the contact between law and risks. This book argues that ideas about risk have not traditionally been absent from law, as is sometimes supposed. Lawyers and legal theorists have used and conceptualised risk in particular ways, and ideas of risk have had significant influence in key elements of legal theory including questions of justice and responsibility. The book explores the conceptual place of risk across a number of fields of law; and identifies some significant challenges for law and legal theory arising from broader debates about risk. It therefore sheds light on areas that are under-explored despite current interest among lawyers, and aims to provide an accessible guide to emerging controversies and challenges for law in this area while explaining their significance.
Download or read book Law after Modernity written by Sionaidh Douglas-Scott and published by A&C Black. This book was released on 2014-07-18 with total page 648 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can we characterise law and legal theory in the twenty-first century? Law After Modernity argues that we live in an age 'after Modernity' and that legal theory must take account of this fact. The book presents a dynamic analysis of law, which focusses on the richness and pluralism of law, on its historical embeddedness, its cultural contingencies, as well as acknowledging contemporary law's global and transnational dimensions. However, Law After Modernity also warns that the complexity, fragmentation, pluralism and globalisation of contemporary law may all too easily perpetuate injustice. In this respect, the book departs from many postmodern and pluralist accounts of law. Indeed, it asserts that the quest for justice becomes a crucial issue for law in the era of legal pluralism, and it investigates how it may be achieved. The approach is fresh, contextual and interdisciplinary, and, unusually for a legal theory work, is illustrated throughout with works of art and visual representations, which serve to re-enforce the messages of the book.
Download or read book Law Rights and Discourse written by George Pavlakos and published by Bloomsbury Publishing. This book was released on 2007-07-11 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: A philosophical system is not what one would expect to find in the work of a contemporary legal thinker. Robert Alexy's work counts as a striking exception. Over the past 28 years Alexy has been developing, with remarkable clarity and consistency, a systematic philosophy covering most of the key areas of legal philosophy. Kantian in its inspiration, his work admirably combines the rigour of analytical philosophy with a repertoire of humanitarian ideals reflecting the tradition of the Geisteswissenschaften, rendering it one of the most far-reaching and influential legal philosophies in our time. This volume has been designed with two foci in mind: the first is to reflect the breadth of Alexy's philosophical system, as well as the varieties of jurisprudential and philosophical scholarship in the last three decades on which his work has had an impact. The second objective is to provide for a critical exchange between Alexy and a number of specialists in the field, with an eye to identifying new areas of inquiry and offering a new impetus to the discourse theory of law. To that extent, it was thought that a critical exchange such as the one undertaken here would most appropriately reflect the discursive and critical character of Robert Alexy's work. The volume is divided into four parts, each dealing with a key area of Alexy's contribution. A final section brings together concise answers by Robert Alexy. In composing these, Alexy has tried to focus on points and criticisms that address new aspects of discourse theory or otherwise point the way to future developments and applications. With its range of topics of coverage, the number of specialists it engages and the originality of the answers it provides, this collection will become a standard work of reference for anyone working in legal theory in general and the discourse theory of law in particular.
Download or read book Law and Aesthetics written by Adam Gearey and published by Hart Publishing. This book was released on 2001-06 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes as its starting point Shelley's assertion that poets are legislators and then tracks this aesthetic.
Download or read book Law s Meaning of Life written by Ngaire Naffine and published by Bloomsbury Publishing. This book was released on 2009-01-06 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: The perennial question posed by the philosophically-inclined lawyer is 'What is law?' or perhaps 'What is the nature of law?' This book poses an associated, but no less fundamental, question about law which has received much less attention in the legal literature. It is: 'Who is law for?' Whenever people go to law, they are judged for their suitability as legal persons. They are given or refused rights and duties on the basis of ideas about who matters. These ideas are basic to legal-decision making; they form the intellectual and moral underpinning of legal thought. They help to determine whether law is essentially for rational human beings or whether it also speaks to and for human infants, adults with impaired reasoning, the comotose, foetuses and even animals. Are these the right kind of beings to enter legal relationships and so become legal persons. Are they, for example, sufficiently rational, or sacred or simply human? Is law meant for them? This book reveals and evaluates the type of thinking that goes into these fundamental legal and metaphysical determinations about who should be capable of bearing legal rights and duties. It identifies and analyses four influential ways of thinking about law's person, each with its own metaphysical suppositions. One approach derives from rationalist philosophy, a second from religion, a third from evolutionary biology while the fourth is strictly legalistic and so endeavours to eschew metaphysics altogether. The book offers a clear, coherent and critical account of these complex moral and intellectual processes entailed in the making of legal persons.
Download or read book Legal Theory Today written by and published by . This book was released on 1999 with total page 0 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 Social Theory for Today written by Alex Law and published by SAGE. This book was released on 2014-12-01 with total page 659 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is distinctive for extending the usual sociological reach, reopening territory that has lain fallow, set aside from the well-ploughed fields of orthodox social theory. In doing so, Law not only produces fresh insight into familiar theorists but guards against collective forgetting of the sociological canon. - Professor Bridget Fowler, University of Glasgow "An excellent book, it will be welcomed and read widely by advanced undergraduates, postgraduates and scholars in sociology, cultural studies, social theory and beyond." - Professor Chris Shilling, University of Kent Social Theory for Today guides students through the ‘turns’ of past and present social theory as it attempts to wrestle with a recurring sense of crisis in social relations and social theory. Drawing on both classical and contemporary sources, Alex Law provides readers with a firm grasp of competing perspectives. Too often social theories attempt to dominate the field by casting rival theorists, past and present, as deluded fools, while the more familiar ‘big names’ in social theory are subject to ever-increasing commentary that runs in ever-decreasing circles. This survey of social theory and crisis lessens the temptation to engage in internal theoretical polemics and esoteric wordplay. Social theory must become practical and specific if it is to become a means of orientation for uncertain times. This is a must-read for upper level undergraduate and postgraduate students looking for a vibrant and extended understanding of social theory.
Download or read book Closure Or Critique written by Alan William Norrie and published by . This book was released on 1993 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Can law be understood as a closed, self-sustaining system of rules? Can it claim a measure of autonomy from broader social political and economic forces or is it always reducible to such forces? Is any claim to autonomy false, perhaps designed to legitimise the existing social order? Is law based upon moral foundations or are ethical considerations deeply disruptive of it? Questions of legal and moral closure and of the critique of law's foundations and possibilities lie at the heart of crucial claims about the nature and value of law in modern Western societies. Closure or Critique addresses them from a variety of Modern and Postmodern positions central to current legal thought with a ground-breaking collection of essays from leading academics. Bringing together a variety of diverse perspectives, and encouraging a dialogue between approaches to law that are frequently seen as simply at odds with each other, Closure or Critique will be of interest both to the advanced reader seeking new work at the cutting edge, and to the first time student requiring an overview of legal theory today."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved
Download or read book A Dictionary of Legal Theory written by Brian Bix and published by Oxford University Press, USA. This book was released on 2004 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern legal theory contains a wide range of approaches and topics: from economic analysis of law to feminist legal theory to traditional analytical legal philosophy to a range of theories about justice. This healthy variety of jurisprudential work has created a problem: students and theorists working in one tradition may have difficulty understanding the concepts and terminology of a different tradition. This book works to make terminology and ways of thinking accessible. This dictionary covers topics from the 'autonomy of law' to the 'will theory of rights', from 'autopoiesis' to 'wealth maximization', and from 'John Austin' to 'Ludwig Wittgenstein'. The most important concepts and ideas are presented in a simple dictionary format. There are also many longer entries, where the initial definition gives an accessible explanation, but the entry goes on to give more detailed information about the history of an idea and the debates currently surrounding it.
Download or read book Risks and Legal Theory written by Jenny Steele (Law teacher) and published by . This book was released on 2004 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jenny Steele argues that ideas about risk and most areas of the law, whilst of interest to the legal profession, have not been widely addressed. The author explores the conceptual place of risk across a number of different fields of law.
Download or read book Legal Theories written by Marett Leiboff and published by . This book was released on 2014 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Living Law written by Roger Cotterrell and published by Routledge. This book was released on 2017-07-05 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: Living Law presents a comprehensive overview of relationships between legal and social theory, and of current approaches to the sociological study of legal ideas. It explores the nature of legal theory and sociolegal studies today as teaching and research fields, and the work of many of the major sociolegal theorists. In addition, it sets out the author's distinctive approach to sociological analysis of law, applying this in a range of studies in specific legal fields, such as the law of contract, property and trusts, constitutional analysis, and comparative law.
Download or read book Observing Law Through Systems Theory written by Richard Nobles and published by . This book was released on 2013 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book is complementary to our book A sociology of jurisprudence, although it is not necessary for readers to have read that book in order to engage with what we present here."--Preface.
Download or read book Legal Theory Today written by Richard Nobles and published by . This book was released on 2013 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Legacy of John Austin s Jurisprudence written by Michael Freeman and published by Springer Science & Business Media. This book was released on 2012-09-14 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first ever collected volume on John Austin, whose role in the founding of analytical jurisprudence is unquestionable. After 150 years, time has come to assess his legacy. The book fills a void in existing literature, by letting top scholars with diverse outlooks flesh out and discuss Austin’s legacy today. A nuanced, vibrant, and richly diverse picture of both his legal and ethical theories emerges, making a case for a renewal of interest in his work. The book applies multiple perspectives, reflecting Austin’s various interests – stretching from moral theory to theory of law and state, from Roman Law to Constitutional Law – and it offers a comparative outlook on Austin and his legacy in the light of the contemporary debate and major movements within legal theory. It sheds new light on some central issues of practical reasoning: the relation between law and morals, the nature of legal systems, the function of effectiveness, the value-free character of legal theory, the connection between normative and factual inquiries in the law, the role of power, the character of obedience and the notion of duty.
