Download or read book Mechanical Jurisprudence written by Roscoe Pound and published by . This book was released on 1908 with total page 126 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Mechanical Jurisprudence written by Roscoe Pound and published by . This book was released on 1908 with total page 19 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Judiciary in Central and Eastern Europe written by Zdenek Kühn and published by BRILL. This book was released on 2011-10-28 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most widespread problems in post-Communist countries is the quality of the judiciary. The book argues that these problems are intimately linked to the legal culture of Communist law, that an understanding of post-Communist judges necessarily requires an understanding of their Communist predecessors. There seems to be a deep continuity in the methods of legal reasoning employed by lawyers in the region of East Central Europe, starting in the era of Stalinism of the 1950s up to the current post-Communist period, which continuity is manifested in the problems of 1990s and 2000s. Communist legal culture and its aftermath provide an interesting analysis of the development of legal culture in a long-lasting system which was intellectually almost completely separated from the outside world. The book targets the judicial ideology, the conception of law, and the judicial self-perceptions, which are phenomena most likely to be contained in the deepest level of legal culture, that most resistant to change.
Download or read book Some reflection on mechanical jurisprudence and social engineering written by F. Paradies and published by . This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Judiciary in Central and Eastern Europe written by Zdenek Kühn and published by Martinus Nijhoff Publishers. This book was released on 2011-10-28 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book analyses the judicial culture in East Central Europe from the era of Stalinism up to the post-Communist period of the 1990s and 2000s. The book targets the judicial ideology and the conception of law, phenomena most resistant to change.
Download or read book Mechanical Choices written by Michael S. Moore and published by Oxford University Press, USA. This book was released on 2020-05-08 with total page 613 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mechanical Choices details the intimate connection that exists between morality and law: the morality we use to blame others for their misdeeds and the criminal law that punishes them for these misdeeds. This book shows how both law and morality presuppose the accuracy of common sense, a centuries-old psychology that defines people as rational agents who make honorable choices and act for just reasons. It then shows how neuroscience is commonly taken to challenge these fundamental psychological assumptions. Such challenges--four in number--are distinguished from each other by the different neuroscientific facts from which they arise: the fact that human choices are caused by brain events; the fact that those choices don't cause the actions that are their objects but are only epiphenomenal to those choices; the fact that those choices are identical to certain physical events in the brain; and the fact that human subjects are quite fallible in their knowledge of what they are doing and why. The body of this book shows how such challenges are either based on faulty facts or misconceived as to the relevance of such facts to responsibility. The book ends with a detailed examination of the neuroscience of addiction, an examination which illustrates how neuroscience can help rather than challenge both law and morality in their quest to accurately define excuses from responsibility.
Download or read book Mechanical Punitive Jurisprudence written by Melvin Moses Hawley and published by . This book was released on 1909 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Beyond the Formalist Realist Divide written by Brian Z. Tamanaha and published by Princeton University Press. This book was released on 2009-10-26 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: According to conventional wisdom in American legal culture, the 1870s to 1920s was the age of legal formalism, when judges believed that the law was autonomous and logically ordered, and that they mechanically deduced right answers in cases. In the 1920s and 1930s, the story continues, the legal realists discredited this view by demonstrating that the law is marked by gaps and contradictions, arguing that judges construct legal justifications to support desired outcomes. This often-repeated historical account is virtually taken for granted today, and continues to shape understandings about judging. In this groundbreaking book, esteemed legal theorist Brian Tamanaha thoroughly debunks the formalist-realist divide. Drawing from extensive research into the writings of judges and scholars, Tamanaha shows how, over the past century and a half, jurists have regularly expressed a balanced view of judging that acknowledges the limitations of law and of judges, yet recognizes that judges can and do render rule-bound decisions. He reveals how the story about the formalist age was an invention of politically motivated critics of the courts, and how it has led to significant misunderstandings about legal realism. Beyond the Formalist-Realist Divide traces how this false tale has distorted studies of judging by political scientists and debates among legal theorists. Recovering a balanced realism about judging, this book fundamentally rewrites legal history and offers a fresh perspective for theorists, judges, and practitioners of law.
Download or read book Jurisprudence written by Roscoe Pound and published by The Lawbook Exchange, Ltd.. This book was released on 2000 with total page 3254 pages. Available in PDF, EPUB and Kindle. Book excerpt: v. 1. Jurisprudence. The end of law -- v. 2. The nature of law -- v. 3. The scope and subject matter of law. Sources, forms, modes of growth -- v. 4. Application and enforcement of law. Analysis of general juristic conceptions -- v. 5. The system of law.
Download or read book Mechanical Choices written by Michael S. Moore and published by Oxford University Press. This book was released on 2020-05-08 with total page 613 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mechanical Choices details the intimate connection that exists between morality and law: the morality we use to blame others for their misdeeds and the criminal law that punishes them for these misdeeds. This book shows how both law and morality presuppose the accuracy of common sense, a centuries-old psychology that defines people as rational agents who make honorable choices and act for just reasons. It then shows how neuroscience is commonly taken to challenge these fundamental psychological assumptions. Such challenges--four in number--are distinguished from each other by the different neuroscientific facts from which they arise: the fact that human choices are caused by brain events; the fact that those choices don't cause the actions that are their objects but are only epiphenomenal to those choices; the fact that those choices are identical to certain physical events in the brain; and the fact that human subjects are quite fallible in their knowledge of what they are doing and why. The body of this book shows how such challenges are either based on faulty facts or misconceived as to the relevance of such facts to responsibility. The book ends with a detailed examination of the neuroscience of addiction, an examination which illustrates how neuroscience can help rather than challenge both law and morality in their quest to accurately define excuses from responsibility.
Download or read book In Germany To day written by Neutral (Writer) and published by . This book was released on 1915 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Oxford Handbook of Jurisprudence and Philosophy of Law written by Jules Coleman and published by OUP Oxford. This book was released on 2004-01-22 with total page 1072 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Jurisprudence and Philosophy of Law brings together specially commissioned essays by twenty-six of the foremost legal theorists currently writing, to provide a state-of-the-art overview of jurisprudential scholarship.
Download or read book The Scope and Purpose of Sociological Jurisprudence written by Roscoe Pound and published by . This book was released on 1911 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book American Legal Theory written by Robert Samuel Summers and published by NYU Press. This book was released on 1992-08-01 with total page 611 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays Professor Summers has brought together in this book consist of various authentic and representative formulations and applications of the dominant general theory of law and its use in the United States during the middle decades of the 20th century. The book includes a number of major contributions that are critical of that theory. The contributors are: The path of the law, Oliver Wendell Homes Jr. Force and coercion; Logical method and law, John Dewey. The need of a sociological jurisprudence; Mechanical jurisprudence; The possibility of a measure of values, Roscoe Pound. What is the law, Joseph W. Binham. A return to stare decisis, Herman Oliphant. A realistic jurisprudence-the next step; The normative, the legal, and the law-jobs: the problem of juristic method, K.N. Lewellyn. The problems of a functional jurisprudence, Felix S. Cohen. The causes of popular dissatisfaction with the administration of justice, Roscoe Pound. The judiciality of minimum-wage legislation, Thomas Red Powell. An institutional approach to the law of commercial banking, Underhill Moore and Theodore S. Hope Jr. Through title to contract and a bit beyond, K.N. Llewellyn. Williston on contracts; The logical and legal bases of the conflict of laws, Walter Wheeler Cook. American legal realism, L.L. Fuller. Legal rules: their function in the process of decision, John Dickenson. Some rationalism about realism, Hermann Kantorwicz. Pragmatic instumentalism in twentieth century American legal thought-a synthesis and critique of our dominant general theory about law and its use.
Download or read book The Common Law Tradition written by Karl N. Llewellyn and published by Quid Pro Books. This book was released on 2016-05-21 with total page 554 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Readings in Jurisprudence and Legal Philosophy written by Morris Raphael Cohen and published by Beard Books. This book was released on 2002 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Patterns of American Jurisprudence written by Neil Duxbury and published by Clarendon Press. This book was released on 1995-06-08 with total page 530 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique study offers a comprehensive analysis of American jurisprudence from its emergence in the later stages of the nineteenth century through to the present day. The author argues that it is a mistake to view American jurisprudence as a collection of movements and schools which have emerged in opposition to each other. By offering a highly original analysis of legal formalism, legal realism, policy science, process jurisprudence, law and economics, and critical legal studies, he demonstrates that American jurisprudence has evolved as a collection of themes which reflect broader American intellectual and cultural concerns.
