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 Knowledge Spirit Law written by Gavin Keeney and published by punctum books. This book was released on 2015 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the author-pay model spreads across academic publishing, what are the possible consequences? Will the current rage for open-source scholarship actually accomplish anything other than shifting the furniture around on the Titanic? Will not Open Source in combination with Digital Humanitiesfurther destroy the very idea of "slow" and "thoughtful" work in humanistic studies?...It would seem that the author-pay model (formerly attributed to predatory publishers) is just another way of extracting tribute for the "privilege" of being published-enforceable only because academia has ratcheted up the stakes by enforcing research metrics and citations, in the public universities a practice that is primarily enforced by external "industrial" connections. Almost all public and private universities are heading toward measuring output with metrics-many academics now tailoring their CVs to show why they are "important," mirroring the social-media campaigns of celebrities and politicians, and many universities now citing their own "corporate" rankings when promoting their product (the University, the Institute, the Department, the Professor). Where this is all going is toward increased precarity for anyone who does not play the game. Individual, solitary scholars will have few options. Gavin Keeney, "Symptom 'A': The End," Knowledge, Spirit, LawKnowledge, Spirit, Law - as project - is a de facto phenomenology of scholarship in the age of Cognitive Capitalism. The six essays (plus Appendices) presented here cover topics and circle themes related to the problems and crises specific to neo-liberal academia, while proposing creative paths around the various obstructions. The obstructions include metrics-obsessed academia, circular and incestuous peer review, digitalization of research as stalking horse for text- and data-mining, and violation by global corporate fiat of Intellectual Property Rights and the Moral Rights of Authors. These issues, while addressed obliquely in the main text, definitively inform the various implied proscriptive aspects of the essays and, via the Introduction and Appendices, underscore the necessity of developing new-old means to no obvious end in the production of knowledge - that is to say, a return to forms of non-instrumentalized intellectual inquiry. To be developed in two concurrent volumes, Knowledge, Spirit, Law will serve as a "moving and/or shifting anthology" of new forms of expression in humanistic studies.TABLE OF CONTENTS // Preface/Acknowledgments - Introduction: Radical Scholarship - Essay 1: Re-universalizing Knowledge - Essay 2: Estranged Dawns - Essay 3: The Film-essay - Essay 4: Film Mysticism and "The Haunted Wood" - Essay 5: Circular Discourses - Essay 6: Verb Tenses and Time-senses - Appendix A: Agence 'X' Publishing Advisory - Appendix B: Perpetual Petition for the Right of the Author to Have No Digital Rights - Appendix C: Symptom "A" The End - References

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 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 Critical Perspectives on the Scholarship of Assessment and Learning in Law written by Alison Bone and published by ANU Press. This book was released on 2019-07-31 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Assessment in Legal Education book series offers perspectives on assessment in legal education across a range of Common Law jurisdictions. Each volume in the series provides: Information on assessment practices and cultures within a jurisdiction. A sample of innovative assessment practices and designs in a jurisdiction. Insights into how assessment can be used effectively across different areas of law, different stages of legal education and the implications for regulation of legal education assessment. Appreciation of the multidisciplinary and interdisciplinary research bases that are emerging in the field of legal education assessment generally. Analyses and suggestions of how assessment innovations may be transferred from one jurisdiction to another. The series will be useful for those seeking a summary of the assessment issues facing academics, students, regulators, lawyers and others in the jurisdictions under analysis. The exemplars of assessment contained in each volume may also be valuable in assisting cross-jurisdictional fertilisation of ideas and practices. This first volume focuses on assessment in law schools in England. It begins with an introduction to some recent trends in the culture and practice of legal education assessment. The first chapter focuses on the general regulatory context of assessment and learning in that jurisdiction, while the remainder of the book offers useful exemplars and expert critical discussion of assessment theories and practices. The series is based in the PEARL Centre (Profession, Education and Regulation in Law), in The Australian National University’s College of Law.

Download or read book Legal Thought and Philosophy written by Bert van Roermund and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: ÔThis book proves to be an excellent guide through the labyrinth of law. Its crucial point is legal order viewed from the perspective of a situated ÒWeÓ. Jurisprudence appears as an implicit sort of thinking, embedded in moral, political, epistemological, and linguistic contexts. Numerous example cases lead us from everyday issues to the abysses of violence. Anyone who practises or studies law will highly profit from reading this book. One sees how law functions by being more than mere law.Õ Ð Bernhard Waldenfels, Ruhr-University Bochum, Germany Legal Thought and Philosophy clarifies background questions in legal research projects, such as the relationship between law and justice, law and politics, law and knowledge, facts and norms, normativity and validity, constituent and constitutional power, and rule and context. It provides advanced students in law and philosophy with an account of legal thinking that combines analytical and phenomenological insights. From a conception of justice as principled political self-restraint, the book explains why there are moral reasons to separate law from morality conceptually and in what sense a legal order is positive Ð that is, set by authority and bound up with history. The book explores the conditions under which law may become an object of knowledge and theorizing, before finally discussing how these features come together in law as rule-following by citizens, officials, judges, and legislators alike. Addressing advanced students in law and philosophy, this key book: ¥ bridges separate traditions in legal philosophy (in particular analytical philosophy and phenomenology) ¥ develops a view of law as an institution of authority from a conception of justice in the socio-political relationship between ÔweÕ and Ôthe othersÕ ¥ presents a systematic account of normativity and validity ¥ explains in what sense law is Ôdoing things with rulesÕ.

Download or read book International Law As We Know It written by Lianne J. M. Boer and published by Cambridge University Press. This book was released on 2021-10-14 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the role of international legal scholars in the construction of legal knowledge, looking at examples from the cyberwar debate.

Download or read book Stateless Law written by Helge Dedek and published by Routledge. This book was released on 2016-03-03 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers a critical analysis and illustration of the challenges and promises of ’stateless’ law thought, pedagogy and approaches to governance - that is, understanding and conceptualizing law in a post-national condition. From common, civil and international law perspectives, the collection focuses on the definition and role of law as an academic discipline, and hybridity in the practice and production of law. With contributions by a diverse and international group of scholars, the collection includes fourteen chapters written in English and three in French. Confronting the ’transnational challenge’ posed to the traditional theoretical and institutional structures that underlie the teaching and study of law in the university, the seventeen authors of Stateless Law: Evolving Boundaries of a Discipline bring new insight to the ongoing and crucial conversation about the future shape of legal scholarship, education and practice that is emblematic of the early twenty-first century. This collection is essential reading for academics, institutions and others involved in determining the future roles, responsibilities and education of jurists, as well as for academics interested in Law, Sociology, Political Science and Education.

Download or read book Exploiting the Limits of Law written by Åsa Gunnarsson and published by Routledge. This book was released on 2016-04-22 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Moving beyond the question of whether an area of scholarly investigation can truly be characterized as 'legal', Exploiting the Limits of Law combats the often unhelpful constraints of law's subject-matter and formal processes. Through a process of reflection on the limits of law and repeated efforts to redraw them, this book challenges the general sense of pessimism among feminists and others about the usefulness of law as an instrument of change. The work combines theoretical analysis of the law's boundaries with investigation of the practical settings for changing legal and policy environments. Both the empirical focus of this volume, and its underlying theoretical concern with the limits of the law and its gender implications, render it of interest to legal scholars throughout the world, whether of EU law, feminism, social policy or philosophy.

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 Theory and the Legal Academy written by MaksymilianDel Mar and published by Routledge. This book was released on 2017-07-05 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: The third in a series of three volumes on Contemporary Legal Theory, this volume deals with four topics: 1) the role of legal theory in the legal curriculum; 2) the teaching of legal theory; 3) the relationship of legal theory to legal scholarship; and 4) the relationship of legal theory to comparative law. The focus of the first two topics is on the common law world, where the debates over the aims and proper place of legal theory in the study of law have traversed a good deal of ground since John Austin's 1828 lecture, 'The Uses and the Study of Jurisprudence.' These first two parts offer a selection of the most important papers, including surveys, as well as pedagogical viewpoints and particular course descriptions from analytical, critical, feminist, law-and-literature and global perspectives. The last three decades have seen just as many changes for legal scholarship and comparative law. These changes (such as the rise of empirical legal scholarship) have often attracted the attention of legal theorists. Within comparative law, the last thirty years have witnessed intense methodological reflection within the discipline; the results of these reflections are themselves properly recognised as legal theoretical contributions. The volume collects the key papers, including those by Neil MacCormick, Mark Van Hoecke, Andrew Halpin, William Ewald and Geoffrey Samuel.

Download or read book The Problems of Jurisprudence written by Richard A. Posner and published by Harvard University Press. This book was released on 1990 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Richard A. Posner examines how judges go about making difficult decisions. Posner argues that they cannot rely on either logic or science, but must fall back on a grab bag of informal methods of reasoning that owe less than one might think to legal training and experience. -- Adapted from Amazon.com summary.

Download or read book Legal Scholarship for the Urban Core written by Peter Enrich and published by Cambridge University Press. This book was released on 2019-07-11 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides compelling examples of engaged legal scholarship addressing issues of entrenched poverty and underdevelopment in American urban cores.

Download or read book Tracing the Roles of Soft Law in Human Rights written by Stéphanie Lagoutte and published by Oxford University Press. This book was released on 2016-11-10 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: Soft law increasingly shapes and impacts the content of international law in multiple ways, from being a first step in a norm-making process to providing detailed rules and technical standards required for the interpretation and the implementation of treaties. This is especially true in the area of human rights. While relatively few human rights treaties have been adopted at the UN level in the last two decades, the number of declarations, resolutions, conclusions, and principles has grown significantly. In some areas, soft law has come to fill a void in the absence of treaty law, exerting a degree of normative force exceeding its non-binding character. In others areas, soft law has become a battleground for interpretative struggles to expand and limit human rights protection in the context of existing regimes. Despite these developments, little attention has been paid to soft law within human rights legal scholarship. Building on a thorough analysis of relevant case studies, this volume systematically explores the roles of soft law in both established and emerging human rights regimes. The book argues that a better understanding of how soft law shapes and affects different branches of international human rights law not only provides a more dynamic picture of the current state of international human rights, but also helps to unsettle and critically question certain political and doctrinal beliefs. Following introductory chapters that lay out the general conceptual framework, the book is divided in two parts. The first part focuses on cases that examine the role of soft law within human rights regimes where there are established hard law standards, its progressive and regressive effects, and the role that different actors play in the incubation process. The second part focuses on the role of soft law in emerging areas of international law where there is no substantial treaty codification of norms. These chapters examine the relationship between soft and hard law, the role of different actors in formulating new soft law, and the potential for eventual codification.

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 259 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 Knowledge Technology and Law written by Emilie Cloatre and published by Routledge. This book was released on 2014-09-15 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: The relationships between knowledge, technologies, and legal processes are central to the constitution of contemporary societies. As such, they have come to provide the focus for a range of academic projects, across interdisciplinary legal studies and the social sciences. The domains of medical law and ethics, intellectual property law, environmental law and criminal law are just some of those within which the pervasive place and ‘impact’ of technoscience is immediately apparent. At the same time, social scientists investigating the making of technology and expertise - in particular, scholars working within the tradition of science and technology studies - frequently interrogate how regulation and legal processes, and the making of knowledge and technologies, are intermingled in complex ways that come to shape and define each other. This book charts the important interface between studies of law, science and society, as explored from the perspectives of socio-legal studies and the increasingly influential field of science and technology studies. It brings together scholars from both areas to interrogate the joint roles of law and science in the construction and stabilization of socio-technical networks, objects, and standards, as well as their place in the production of contemporary social realities and subjectivities.

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.