Download or read book The Canon of American Legal Thought written by David Kennedy and published by Princeton University Press. This book was released on 2018-06-05 with total page 936 pages. Available in PDF, EPUB and Kindle. Book excerpt: This anthology presents, for the first time, full texts of the twenty most important works of American legal thought since 1890. Drawing on a course the editors teach at Harvard Law School, the book traces the rise and evolution of a distinctly American form of legal reasoning. These are the articles that have made these authors--from Oliver Wendell Holmes, Jr., to Ronald Coase, from Ronald Dworkin to Catherine MacKinnon--among the most recognized names in American legal history. These authors proposed answers to the classic question: "What does it mean to think like a lawyer--an American lawyer?" Their answers differed, but taken together they form a powerful brief for the existence of a distinct and powerful style of reasoning--and of rulership. The legal mind is as often critical as constructive, however, and these texts form a canon of critical thinking, a toolbox for resisting and unravelling the arguments of the best legal minds. Each article is preceded by a short introduction highlighting the article's main ideas and situating it in the context of its author's broader intellectual projects, the scholarly debates of his or her time, and the reception the article received. Law students and their teachers will benefit from seeing these classic writings, in full, in the context of their original development. For lawyers, the collection will take them back to their best days in law school. All readers will be struck by the richness, the subtlety, and the sophistication with which so many of what have become the clichés of everyday legal argument were originally formulated.
Download or read book An Introduction to Constitutional Law written by Randy E. Barnett and published by Aspen Publishing. This book was released on 2023-02-28 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: An Introduction to Constitutional Law teaches the narrative of constitutional law as it has developed historically and provides the essential background to understand how this foundational body of law has come to be what it is today. This multimedia experience combines a book and video series to engage students more directly in the study of constitutional law. All students—even those unfamiliar with American history—will garner a firm understanding of how constitutional law has evolved. An eleven-hour online video library brings the Supreme Court’s most important decisions to life. Videos are enriched by photographs, maps, and audio from the Supreme Court. The book and videos are accessible for all levels: law school, college, high school, home school, and independent study. Students can read and watch these materials before class to prepare for lectures or study after class to fill in any gaps in their notes. And, come exam time, students can binge-watch the entire canon of constitutional law in about twelve hours.
Download or read book The Basic Concepts of Legal Thought written by George P. Fletcher and published by OUP USA. This book was released on 1996-09-12 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a brief introduction to the major issues in legal philosophy, intended for use as a secondary text in law schools, and in graduate and undergraduate courses in philosophy of law, jurisprudence and legal issues.
Download or read book American Legal Thought from Premodernism to Postmodernism written by Stephen M. Feldman and published by . This book was released on 2000 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: American legal thought has progressed remarkably quickly from premodernism to modernism and into postmodernism in little over 200 years. This text tells the story of this mercurial journey of jurisprudence by showing the development of legal thought through these three intellectual periods.
Download or read book The Common Law written by Oliver Wendell Holmes and published by . This book was released on 1909 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Patterns of American Legal Thought written by G. Edward White and published by Bobbs-Merrill. This book was released on 1978 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a series of essays on scholarly thought, the judiciary, and constitutional law. The essays discuss the development of American law.
Download or read book Searching for Contemporary Legal Thought written by Justin Desautels-Stein and published by Cambridge University Press. This book was released on 2017-12-28 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt: For more than a century, law schools have trained students to 'think like a lawyer'. In these times of legal crisis, both in legal education and in global society, what does that mean for the rest of us? In this book, thirty leading international scholars - including Louis Assier-Andrieu, Marianne Constable, Yves Dezalay, Denise Ferreira da Silva, Bryant Garth, Peter Goodrich, Duncan Kennedy, Martti Koskenniemi, Shaun McVeigh, Samuel Moyn, Annelise Riles, Charles Sabel and William Simon - examine what is distinctive about legal thought. They probe the relation between law and time, law and culture, and legal thought and legal action; the nature of current legal thought; the geography of legal thought; and the conditions for recognition of a new 'contemporary' style of law. This work will help theorists, social scientists, historians and students understand the intellectual context of legal problems, legal doctrine, and jurisprudential trends in the current conjuncture.
Download or read book Main Currents in American Legal Thought written by Bernard Schwartz and published by . This book was released on 1993 with total page 686 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A bracing work of scholarship that could inspire readers . . . A virtue of Main Currents in American Legal Thought is that Mr. Schwartz continually relates judicial opinions to what was happening in the country." - "Books of the Times" in the New York Times"A worthy and welcome addition to the literature of American Law. Careful documentation; comprehensive index. Highly recommended for all informed readers." -Choice"Professor Bernard Schwartz is well know to me and other members of the Supreme Court for the extraordinary range of his scholarship in constitutional law . . .[His] works reflect meticulous research into original sources, an inquiry that is so essential to a clear understanding of the meaning of the constitutional provisions that, in assuring the liberty and dignity of every person, distinguish our governmental system from all others. The quality of Professor Schwartz's work is exemplary." - Associate Justice William J. Brennan, Jr., United States Supreme Court (from the 1988 Annual Survey of American Law) commenting generally on Professor Schwartz's scholarship
Download or read book Priests of the Law written by Thomas J. McSweeney and published by Oxford University Press, USA. This book was released on 2019 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Priests of the Law tells the story of the first people in the history of the common law to think of themselves as legal professionals. In the middle decades of the thirteenth century, a group of justices working in the English royal courts spent a great deal of time thinking and writing about what it meant to be a person who worked in the law courts. This book examines the justices who wrote the treatise known as Bracton. Written and re-written between the 1220s and the 1260s, Bracton is considered one of the great treatises of the early common law and is still occasionally cited by judges and lawyers when they want to make the case that a particular rule goes back to the beginning of the common law. This book looks to Bracton less for what it can tell us about the law of the thirteenth century, however, than for what it can tell us about the judges who wrote it. The judges who wrote Bracton - Martin of Pattishall, William of Raleigh, and Henry of Bratton - were some of the first people to work full-time in England's royal courts, at a time when there was no recourse to an obvious model for the legal professional. They found one in an unexpected place: they sought to clothe themselves in the authority and prestige of the scholarly Roman-law tradition that was sweeping across Europe in the thirteenth century, modelling themselves on the jurists of Roman law who were teaching in European universities. In Bracton and other texts they produced, the justices of the royal courts worked hard to ensure that the nascent common-law tradition grew from Roman Law. Through their writing, this small group of people, working in the courts of an island realm, imagined themselves to be part of a broader European legal culture. They made the case that they were not merely servants of the king: they were priests of the law.
Download or read book New Commentary on the Code of Canon Law written by John P. Beal and published by Paulist Press. This book was released on 2000 with total page 1985 pages. Available in PDF, EPUB and Kindle. Book excerpt: An entirely new and comprehensive commentary by canon lawyers from North America and Europe, with a revised English translation of the code. Reflects the enormous developments in canon law since the publication of the original commentary. +
Download or read book The Law of Law School written by Andrew Guthrie Ferguson and published by NYU Press. This book was released on 2020-04-07 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers one hundred rules that every first year law student should live by “Dear Law Student: Here’s the truth. You belong here.” Law professor Andrew Ferguson and former student Jonathan Yusef Newton open with this statement of reassurance in The Law of Law School. As all former law students and current lawyers can attest, law school is disorienting, overwhelming, and difficult. Unlike other educational institutions, law school is not set up simply to teach a subject. Instead, the first year of law school is set up to teach a skill set and way of thinking, which you then apply to do the work of lawyering. What most first-year students don’t realize is that law school has a code, an unwritten rulebook of decisions and traditions that must be understood in order to succeed. The Law of Law School endeavors to distill this common wisdom into one hundred easily digestible rules. From self-care tips such as “Remove the Drama,” to studying tricks like “Prepare for Class like an Appellate Argument,” topics on exams, classroom expectations, outlining, case briefing, professors, and mental health are all broken down into the rules that form the hidden law of law school. If you don’t have a network of lawyers in your family and are unsure of what to expect, Ferguson and Newton offer a forthright guide to navigating the expectations, challenges, and secrets to first-year success. Jonathan Newton was himself such a non-traditional student and now shares his story as a pathway to a meaningful and positive law school experience. This book is perfect for the soon-to-be law school student or the current 1L and speaks to the growing number of first-generation law students in America.
Download or read book Marxism Liberalism and Feminism written by Eric Engle and published by Eric Engle. This book was released on 2010 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Lectures on Jurisprudence Or the Philosophy of Positive Law written by John Austin and published by . This book was released on 1873 with total page 674 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Of War and Law written by David Kennedy and published by Princeton University Press. This book was released on 2009-01-10 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern war is law pursued by other means. Once a bit player in military conflict, law now shapes the institutional, logistical, and physical landscape of war. At the same time, law has become a political and ethical vocabulary for marking legitimate power and justifiable death. As a result, the battlespace is as legally regulated as the rest of modern life. In Of War and Law, David Kennedy examines this important development, retelling the history of modern war and statecraft as a tale of the changing role of law and the dramatic growth of law's power. Not only a restraint and an ethical yardstick, law can also be a weapon--a strategic partner, a force multiplier, and an excuse for terrifying violence. Kennedy focuses on what can go wrong when humanitarian and military planners speak the same legal language--wrong for humanitarianism, and wrong for warfare. He argues that law has beaten ploughshares into swords while encouraging the bureaucratization of strategy and leadership. A culture of rules has eroded the experience of personal decision-making and responsibility among soldiers and statesmen alike. Kennedy urges those inside and outside the military who wish to reduce the ferocity of battle to understand the new roles--and the limits--of law. Only then will we be able to revitalize our responsibility for war.
Download or read book Natural Law in Court written by R. H. Helmholz and published by Harvard University Press. This book was released on 2015-06-08 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: The theory of natural law grounds human laws in the universal truths of God’s creation. Until very recently, lawyers in the Western tradition studied natural law as part of their training, and the task of the judicial system was to put its tenets into concrete form, building an edifice of positive law on natural law’s foundations. Although much has been written about natural law in theory, surprisingly little has been said about how it has shaped legal practice. Natural Law in Court asks how lawyers and judges made and interpreted natural law arguments in England, Europe, and the United States, from the beginning of the sixteenth century to the American Civil War. R. H. Helmholz sees a remarkable consistency in how English, Continental, and early American jurisprudence understood and applied natural law in cases ranging from family law and inheritance to criminal and commercial law. Despite differences in their judicial systems, natural law was treated across the board as the source of positive law, not its rival. The idea that no person should be condemned without a day in court, or that penalties should be proportional to the crime committed, or that self-preservation confers the right to protect oneself against attacks are valuable legal rules that originate in natural law. From a historical perspective, Helmholz concludes, natural law has advanced the cause of justice.
Download or read book Studies in Medieval Legal Thought written by Gaines Post and published by Princeton University Press. This book was released on 2015-12-08 with total page 650 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume brings together eleven articles by a distinguished medieval scholar. The major emphasis is on legal thought that resulted from the revival of Roman law at Bologna and on the influence this thought had on medieval "constitutionalism." Includes such important studies as “A Romano-Canonical Maxim, Quod Omnes Tangit, in Bracton,” and “Status Regis and Lestat du Roi in the Statute of York.” Originally published in 1964. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Download or read book Legal Realism and American Law written by Justin Zaremby and published by A&C Black. This book was released on 2013-12-05 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the first part of the 20th century, a group of law scholars offered engaging, and occasionally disconcerting, views on the role of judges and the relationship between law and politics in the United States. These legal realists borrowed methods from the social sciences to carefully study the law as experienced by lawyers, judges, and average citizens and promoted a progressive vision for American law and society. Legal realism investigated the nature of legal reasoning, the purpose of law, and the role of judges. The movement asked questions which reshaped the study of jurisprudence and continue to drive lively debates about the law and politics in classrooms, courtrooms, and even the halls of Congress. This thorough analysis provides an introduction to the ideas, context, and leading personalities of legal realism. It helps situate an important movement in legal theory in the context of American politics and political thought and will be of great interest to students of judicial politics, American constitutional development, and political theory.
