Download or read book The Political Foundation of Law and the Need for Theory with Practical Value written by John J. A. Burke and published by . This book was released on 1992 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Challenges to Law at the End of the 20th Century Rights written by International Association for Philosophy of Law and Social Philosophy. World Congress and published by Franz Steiner Verlag. This book was released on 1997 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Pragmatism and Law written by Michal Alberstein and published by Routledge. This book was released on 2017-03-02 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pragmatism and Law provides a textual reading of the American legal discourse, as it unfolds through various genres of pragmatism, which evolve and transform during the twentieth century. The historical narrative, which the book weaves, traces the transformation of the pragmatic idea from the forefront of philosophical intellectual inquiries at the turn of the twentieth century to a common sense lawyers’ practical rule of action at the turn of the twenty-first century. During this sequence, a fresh look at American history and legal history in particular is offered through the emphasis on recurring discursive structures which assume incommensurable treatments of basic liberal notions like justice, politics, and truth. Underlying the writing is an interpretative mode of inquiry, based on European post-structural methodologies, while claiming to represent their next intellectual phase. This contemporary mode of inquiry is that of a reading which insists on healing through the paradoxes. It is the same mode that sets, in the author’s view, the updated interpretative model of dispute resolution studies.
Download or read book Justice and Judgement written by Alessandro Ferrara and published by SAGE. This book was released on 1999-07-28 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: Justice and Judgement is a comprehensive introduction to theories of judgement in contemporary political and moral philosophy. The book offers a critical examination of judgement in the recent works of Rawls, Habermas, Ackerman, Michelman and Dworkin, including an historical overview of the judgement model in contemporary political philosophy; the function of the constitution; and deliberative democracy. The book concludes with a discussion of universalism and contemporary liberalism and the judgement view of justice.
Download or read book Determining Boundaries in a Conflicted World written by Suzanne N. Lalonde and published by McGill-Queen's Press - MQUP. This book was released on 2002-12-06 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: She argues that nothing justifies conferring such a binding status on the principle and that the uti possidetis applied in Yugoslavia was an entirely new version that can derive no legitimacy from colonial precedents. While the doctrine may have considerable utility in some cases, it is only principle among many that must be considered if future disputes are to be resolved so as to promote long term peace and stability. Lalonde sounds a cautionary note, showing that the idea that uti possidetis provides a one-size-fits-all, legally incontestable solution to all territorial disputes is an illusion.
Download or read book Jurisprudence written by Fouad Sabry and published by One Billion Knowledgeable. This book was released on 2024-08-08 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unlock the world of legal theory with "Jurisprudence," a key addition to the Political Science series. Whether you're a scholar, practitioner, or enthusiast, this book provides a deep dive into the principles shaping justice systems worldwide. Chapter Summaries: 1. Jurisprudence - Introduction to the fundamental questions about the nature and purpose of law. 2. Natural Law - Exploration of moral principles inherent in human nature and their influence on legal systems. 3. Philosophy of Law - Examination of philosophical inquiries underpinning legal structures and justice. 4. Legal Positivism - Analysis of the theory that laws are rules created by human authorities, separate from morals. 5. Indeterminacy Debate in Legal Theory - Discussion of whether legal interpretations are inherently indeterminate. 6. Legal Realism - Perspective emphasizing the real-world effects and practical realities of law. 7. Ronald Dworkin - Overview of Dworkin’s contributions, including his ideas about law as integrity. 8. H. L. A. Hart - Insight into Hart’s influential theories on legal positivism and the rule of recognition. 9. The Concept of Law - Further exploration of Hart’s work on the structure and function of legal systems. 10. Joseph Raz - Understanding Raz’s theories on law, authority, and normativity. 11. Virtue Ethics - Examination of moral character and virtues in shaping legal systems. 12. Virtue Jurisprudence - Intersection of virtue ethics and legal theory, focusing on moral dimensions. 13. Good - Philosophical inquiry into what constitutes ‘good’ in legal contexts. 14. John Finnis - Study of Finnis’s contributions to natural law theory. 15. Positivism - Revisit of legal positivism and its impact on contemporary thought. 16. Index of Social and Political Philosophy Articles - Comprehensive index for exploring related topics. 17. Index of Philosophy of Law Articles - Detailed index of articles on legal philosophy. 18. Matthew Kramer - Exploration of Kramer’s perspectives and critiques of legal positivism. 19. Law’s Empire - Analysis of Dworkin’s vision of law as a coherent system of principles. 20. Legal Norm - Understanding the role of legal norms in legal systems. 21. Experimental Jurisprudence - Investigation of empirical research in testing legal theories. "Jurisprudence" offers invaluable insights and is a crucial resource for understanding the complexities of legal theory, making it a valuable investment for your intellectual journey.
Download or read book Legal Reasoning and Political Conflict written by Cass R. Sunstein Karl N. Llewellyn Distinguished Service Professor of Jurisprudence and Co-Director of the Center on Constitutionalism in Eastern Europe University of Chicago and published by Oxford University Press, USA. This book was released on 1996-04-04 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most glamorous and even glorious moments in a legal system come when a high court recognizes an abstract principle involving, for example, human liberty or equality. Indeed, Americans, and not a few non-Americans, have been greatly stirred--and divided--by the opinions of the Supreme Court, especially in the area of race relations, where the Court has tried to revolutionize American society. But these stirring decisions are aberrations, says Cass R. Sunstein, and perhaps thankfully so. In Legal Reasoning and Political Conflict, Sunstein, one of America's best known commentators on our legal system, offers a bold, new thesis about how the law should work in America, arguing that the courts best enable people to live together, despite their diversity, by resolving particular cases without taking sides in broader, more abstract conflicts. Sunstein offers a close analysis of the way the law can mediate disputes in a diverse society, examining how the law works in practical terms, and showing that, to arrive at workable, practical solutions, judges must avoid broad, abstract reasoning. Why? For one thing, critics and adversaries who would never agree on fundamental ideals are often willing to accept the concrete details of a particular decision. Likewise, a plea bargain for someone caught exceeding the speed limit need not--indeed, must not--delve into sweeping issues of government regulation and personal liberty. Thus judges purposely limit the scope of their decisions to avoid reopening large-scale controversies. Sunstein calls such actions incompletely theorized agreements. In identifying them as the core feature of legal reasoning--and as a central part of constitutional thinking in America, South Africa, and Eastern Europe-- he takes issue with advocates of comprehensive theories and systemization, from Robert Bork (who champions the original understanding of the Constitution) to Jeremy Bentham, the father of utilitarianism, and Ronald Dworkin, who defends an ambitious role for courts in the elaboration of rights. Equally important, Sunstein goes on to argue that it is the living practice of the nation's citizens that truly makes law. For example, he cites Griswold v. Connecticut, a groundbreaking case in which the Supreme Court struck down Connecticut's restrictions on the use of contraceptives by married couples--a law that was no longer enforced by prosecutors. In overturning the legislation, the Court invoked the abstract right of privacy; the author asserts that the justices should have appealed to the narrower principle that citizens need not comply with laws that lack real enforcement. By avoiding large-scale issues and values, such a decision could have led to a different outcome in Bowers v. Hardwick, the decision that upheld Georgia's rarely prosecuted ban on sodomy. And by pointing to the need for flexibility over time and circumstances, Sunstein offers a novel understanding of the old ideal of the rule of law. Legal reasoning can seem impenetrable, mysterious, baroque. This book helps dissolve the mystery. Whether discussing the interpretation of the Constitution or the spell cast by the revolutionary Warren Court, Cass Sunstein writes with grace and power, offering a striking and original vision of the role of the law in a diverse society. In his flexible, practical approach to legal reasoning, he moves the debate over fundamental values and principles out of the courts and back to its rightful place in a democratic state: the legislatures elected by the people.
Download or read book A Holistic Analysis of Law Connecting Theory and Practice written by Charalampos (Harry) Stamelos and published by Cambridge Scholars Publishing. This book was released on 2023-04-11 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: The holistic analysis of law has its historical roots in ancient Greece and Rome. A global or holistic law overview of any issue may lead to fairness and broader justice. The first part of this book regards a holistic analysis of law as a general theory; the second part focuses on history of law and the holistic analysis; the third part focuses on procedural law and practice and the holistic analysis, namely the holistic look at counselling as a lawyer in the United States, a holistic method of a mediator studying conflict in Russia and beyond, a holistic analysis of Chinese procedural law, and the holistic analysis of evidence evaluation in international law. The fourth part includes holistic analysis of law relating to modern issues, such as artificial intelligence, climate change and climate refugees and a chapter on the economic diplomacy of Vietnam as a holistic approach model.
Download or read book Realistic Socio legal Theory written by Brian Z. Tamanaha and published by Oxford University Press. This book was released on 1997 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Combining philosophical pargmatism with a methodological foundation, Tamanaha formulates a framework for a realistic approach to socio-legal theory. The strengths of this approach are contrasted with that of the major schools of socio-legal theory by application to core issues in this area.Thus Tamanaha explores the problematic state of socio-legal studies, the relationship between behaviour and meaning, the notion of legal ideology, the problem of indeterminacy in rule following and application, and the structure of judicial decision making. These issues are tackled in a clear andconcise fashion while articulating a social theory of law which draws equally from legal theory and socio-legal theory.
Download or read book Natural Law and the Nature of Law written by Jonathan Crowe and published by Cambridge University Press. This book was released on 2019-04-25 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents a systematic, contemporary defence of the natural law outlook in ethics, politics and jurisprudence.
Download or read book Dworkin written by André Berten and published by Mentis. This book was released on 1999 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Theory of Legal Obligation written by Stefano Bertea and published by Cambridge University Press. This book was released on 2019-10-03 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bertea puts forward a comprehensive and original theory of legal obligation, understood as a distinctive legal concept.
Download or read book Social and Political Foundations of Constitutions written by Denis J. Galligan and published by Cambridge University Press. This book was released on 2013-10-14 with total page 693 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the social and political forces behind constitution making from a global perspective. It combines leading theoretical perspectives on the social and political foundations of constitutions with a range of in-depth case studies on constitution making in nineteen countries. The result is an examination of constitutions as social phenomena and their interaction with other social phenomena, from various perspectives in the social sciences.
Download or read book The Oxford Handbook of Law and Politics written by Keith E. Whittington and published by OUP Oxford. This book was released on 2010-06-10 with total page 832 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study of law and politics is one of the foundation stones of the discipline of political science, and it has been one of the most productive areas of cross-fertilization between the various subfields of political science and between political science and other cognate disciplines. This Handbook provides a comprehensive survey of the field of law and politics in all its diversity, ranging from such traditional subjects as theories of jurisprudence, constitutionalism, judicial politics and law-and-society to such re-emerging subjects as comparative judicial politics, international law, and democratization. The Oxford Handbook of Law and Politics gathers together leading scholars in the field to assess key literatures shaping the discipline today and to help set the direction of research in the decade ahead.
Download or read book Loyola of Los Angeles international and comparative law journal written by and published by . This book was released on 1978 with total page 1016 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Law as Public Policy written by Makoto Usami and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In newly emerging democracies, succeeding governments have numerous policy tasks for the purpose of developing the free market and the democratic process. In such legal systems, policy-oriented views of law, which regard law as a policy tool for diminishing public problems, seem descriptively pertinent and prescriptively helpful. This is also the case in mature democratic legal systems, where the public problems faced by governments become more and more complex. Policy-directional views of law do not necessarily imply that law is a value-neutral means that can serve any possible political ends. It is widely recognized among legal theorists and practitioners, with notable exceptions represented by exclusive legal positivists, that the law involves moral values, including justice and liberty. In the present essay, I focus on one version of policy-oriented views of law that is based on the fundamental ideals of justice and interest. By sketching out this version, I attempt to shed new light on some concepts and issues in jurisprudence. To begin, I articulate the concept of justice and identify the difficulties that interest-based conceptions of justice encounter, by referring to some classical works. I also make a distinction between different conceptions of interest. Next, the two basic concepts in law -- rights and liberty -- are explained in terms of justice and interest. Efficiency, which has been largely neglected in traditional jurisprudence notwithstanding its practical significance, is also briefly discussed. Then, I turn to exploring the implications that the law-as-policy theory grounded on justice and interest might have for the foundations of two legal domains: criminal law and laws governing political participation. Some allegations and objections against this theory are described, and responses to them are given. The essay concludes by noting the questions that remain open in this theory.
Download or read book Marx and Social Justice written by George E. McCarthy and published by BRILL. This book was released on 2017-11-01 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Marx and Social Justice, George E. McCarthy presents a detailed and comprehensive overview of the ethical, political, and economic foundations of Marx’s theory of social justice in his early and later writings. What is distinctive about Marx's theory is that he rejects the views of justice in liberalism and reform socialism based on legal rights and fair distribution by balancing ancient Greek philosophy with nineteenth-century political economy. Relying on Aristotle’s definition of social justice grounded in ethics and politics, virtue and democracy, Marx applies it to a broader range of issues, including workers’ control and creativity, producer associations, human rights and human needs, fairness and reciprocity in exchange, wealth distribution, political emancipation, economic and ecological crises, and economic democracy. Each chapter in the book represents a different aspect of social justice. Unlike Locke and Hegel, Marx is able to integrate natural law and natural rights, as he constructs a classical vision of self-government ‘of the people, by the people’.
