Download or read book Form and Substance in the Law of Obligations written by Andrew Robertson and published by Bloomsbury Publishing. This book was released on 2019-11-28 with total page 539 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the relationship between form and substance in the law of obligations. It builds on the rich tradition of legal thought that deploys the concepts of form and substance to inform our understanding of the common law. The essays in this collection offer multiple conceptions of form and substance and cover an array of private law subjects, scholarly approaches and jurisdictions. The collection makes it clear that the interplay between form and substance is a key element of the dynamism that characterises this area of the law.
Download or read book Form and Function in a Legal System written by Robert S. Summers and published by Cambridge University Press. This book was released on 2005-11-14 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses three major questions about law and legal systems: (1) What are the defining and organising forms of legal institutions, legal rules, interpretative methodologies, and other legal phenomena? (2) How does frontal and systematic focus on these forms advance understanding of such phenomena? (3) What credit should the functions of forms have when such phenomena serve policy and related purposes, rule of law values, and fundamental political values such as democracy, liberty, and justice? This book seeks to offer general answers to these questions and thus gives form in the law its due. The answers not only provide articulate conversancy with the subject but also reveal insights into the nature of law itself, the oldest and foremost problem in legal theory and allied subjects.
Download or read book The Jurisprudence of Law s Form and Substance written by Robert S. Summers and published by Routledge. This book was released on 2018-04-27 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title was first published in 2000: Robert S. Summers is a distinguished legal theorist whose work has had significant influence in Europe as well as the United States. The study of form and substance in law, the theme of this collection, marks many of his most distinctive contributions to law and legal philosophy over four decades.
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 A Treatise of Legal Philosophy and General Jurisprudence written by Gerald J. Postema and published by Springer Science & Business Media. This book was released on 2011-08-05 with total page 633 pages. Available in PDF, EPUB and Kindle. Book excerpt: Volume 11, the sixth of the historical volumes of A Treatise of Legal Philosophy and General Jurisprudence, offers a fresh, philosophically engaged, critical interpretation of the main currents of jurisprudential thought in the English-speaking world of the 20th century. It tells the tale of two lectures and their legacies: Oliver Wendell Holmes, Jr.’s “The Path of Law” (1897) and H.L.A. Hart’s Holmes Lecture, “Positivism and the Separation of Law and Morals” (1958). Holmes’s radical challenge to late 19th century legal science gave birth to a rich variety of competing approaches to understanding law and legal reasoning from realism to economic jurisprudence to legal pragmatism, from recovery of key elements of common law jurisprudence and rule of law doctrine in the work of Llewellyn, Fuller and Hayek to root-and-branch attacks on the ideology of law by the Critical Legal Studies and Feminist movements. Hart, simultaneously building upon and transforming the undations of Austinian analytic jurisprudence laid in the early 20th century, introduced rigorous philosophical method to English-speaking jurisprudence and offered a reinterpretation of legal positivism which set the agenda for analytic legal philosophy to the end of the century and beyond. A wide-ranging debate over the role of moral principles in legal reasoning, sparked by Dworkin’s fundamental challenge to Hart’s theory, generated competing interpretations of and fundamental challenges to core doctrines of Hart’s positivism, including the nature and role of conventions at the foundations of law and the methodology of philosophical jurisprudence.
Download or read book The Owl of Minerva written by Boštjan M. Zupančič and published by Eleven International Publishing. This book was released on 2008 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: The title of the book is taken from Hegel and refers to the idea that philosophy cannot be prescriptive because it understands only in hindsight. The same holds true for conceptions of human rights. Based on his many years of experience in the field, the author shares his thoughts about human rights and the role it plays in society. In these thought-provoking essays, the author examines the dialectic relationship between rule of law and law and order; between state and individual; judicial power of logic vs executive logic of power. These dynamic contradictions are never resolved. On the contrary, they are the motor of development and inspire judicial reasoning and the balancing of justice vis--vis power and arbitrariness.
Download or read book The Law of Sports written by John C. Weistart and published by Lexis Law Publishing (Va). This book was released on 1979 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work is intended for the general practitioner as well as the sports law specialist. Topics covered include regulation of amateur athletics, public regulation of sports activities, legal relationships in professional sports, enforcement of professional sports contracts, antitrust aspects of sports activities, collective bargaining and professional sports, and federal income taxation of sports activities.
Download or read book Philosophy of Law A Very Short Introduction written by Raymond Wacks and published by OUP Oxford. This book was released on 2014-02-27 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of law lies at the heart of our social and political life. Legal philosophy, or jurisprudence, explores the notion of law and its role in society, illuminating its meaning and its relation to the universal questions of justice, rights, and morality. In this Very Short Introduction Raymond Wacks analyses the nature and purpose of the legal system, and the practice by courts, lawyers, and judges. Wacks reveals the intriguing and challenging nature of legal philosophy with clarity and enthusiasm, providing an enlightening guide to the central questions of legal theory. In this revised edition Wacks makes a number of updates including new material on legal realism, changes to the approach to the analysis of law and legal theory, and updates to historical and anthropological jurisprudence. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
Download or read book The Right to Equality in European Human Rights Law written by Charilaos Nikolaidis and published by Routledge. This book was released on 2014-07-25 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: A right to equality and non-discrimination is widely seen as fundamental in democratic legal systems. But failure to identify the human interest that equality aims to uphold reinforces the argument of those who attack it as morally empty or unsubstantiated and weakens its status as a fundamental human right. This book argues that an understanding of the human interest which equality aims to uphold is feasible within the jurisprudence of the European Court of Human Rights (ECtHR) and the European Court of Justice (ECJ). In comparing the evolution of the prohibition of discrimination in the case-law of both Courts, Charilaos Nikolaidis demonstrates that conceptual convergence within the European Convention on Human Rights (ECHR) and the EU on the issue of equality is not as far as it might appear initially. While the two bodies of equality law are extremely divergent as to the requirements they impose, their interpretation by the international judiciary might be properly analysed under a common light to emphasise the substantive dimension of equality in European Human Rights law. The book will be of great use and interest to scholars and students of human rights, discrimination law, and European politics.
Download or read book Form and Substance in the Law of Obligations written by Andrew Robertson and published by Bloomsbury Publishing. This book was released on 2019-11-28 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the relationship between form and substance in the law of obligations. It builds on the rich tradition of legal thought that deploys the concepts of form and substance to inform our understanding of the common law. The essays in this collection offer multiple conceptions of form and substance and cover an array of private law subjects, scholarly approaches and jurisdictions. The collection makes it clear that the interplay between form and substance is a key element of the dynamism that characterises this area of the law.
Download or read book The Jurisprudence of Style written by Justin Desautels-Stein and published by Cambridge University Press. This book was released on 2018-02-22 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers a structuralist critique of the relationship between pragmatism and liberalism in American legal thought.
Download or read book The Law of Good People written by Yuval Feldman and published by . This book was released on 2018-06-07 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that overcoming people's inability to recognize their own wrongdoing is the most important but regrettably neglected area of the behavioral approach to law.
Download or read book Jurisprudence Or Legal Science written by Sean Coyle and published by Hart Publishing. This book was released on 2005-06 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a series of new essays the authors attempt to answer important questions about the nature of jurisprudential thinking.
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 Two Books of the Elements of Universal Jurisprudence written by Samuel Freiherr von Pufendorf and published by . This book was released on 2009-02-27 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: This was Pufendorf's first work, published in 1660. Its appearance effectively inaugurated the modern natural-law movement in the German-speaking world. The work also established Pufendorf as a key figure and laid the foundations for his major works, which were to sweep across Europe and North America. Pufendorf rejected the concept of natural rights as liberties and the suggestion that political government is justified by its protection of such rights, arguing instead for a principled limit to the state's role in human life.
Download or read book The Idea of Private Law written by Ernest J Weinrib and published by Oxford University Press. This book was released on 2012-09-20 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Revised edition with new preface first published 2012"--Title page verso.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
