Download or read book The Relation of Current Economic and Social Problems to the Restatement of the Law the Problems of Logical Methods from the Lawyer s Point of View written by Herman Oliphant and published by . This book was released on 1923 with total page 18 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Logic and Experience written by William P. LaPiana and published by Oxford University Press, USA. This book was released on 1994 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 19th century saw dramatic changes in the legal education system in the United States. Before the Civil War, lawyers learned their trade primarily through apprenticeship and self-directed study. By the end of the 19th century, the modern legal education system which was developed primarilyby Dean Christopher Langdell at Harvard was in place: a bachelor's degree was required for admission to the new model law school, and a law degree was promoted as the best preparation for admission to the bar. William P. LaPiana provides an in-depth study of the intellectual history of thetransformation of American legal education during this period. In the process, he offers a revisionist portrait of Langdell, the Dean of Harvard Law School from 1870 to 1900, and the earliest proponent for the modern method of legal education, as well as portraying for the first time the oppositionto the changes at Harvard.
Download or read book The Relation of Current Economic and Social Problems to the Restatement of the Law written by Karl Nickerson Llewellyn and published by . This book was released on 1923 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Logic Probability and Presumptions in Legal Reasoning written by Scott Brewer and published by Routledge. This book was released on 2013-06-17 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: At least since plato and Aristotle, thinkers have pondered the relationship between philosophical arguments and the "sophistical" arguments offered by the Sophists -- who were the first professional lawyers. Judges wield substantial political power, and the justifications they offer for their decisions are a vital means by which citizens can assess the legitimacy of how that power is exercised. However, to evaluate judicial justifications requires close attention to the method of reasoning behind decisions. This new collection illuminates and explains the political and moral importance in justifying the exercise of judicial power.
Download or read book The Problem of Social Cost written by R. H. Coase and published by Createspace Independent Publishing Platform. This book was released on 2016-10-10 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Problem of Social Cost is an article dealing with economic problem of externalities. It draws from a number of English legal cases and statutes to illustrate Coase's belief that legal rules are only justified by reference to a cost-benefit analysis, and that nuisances that are often regarded as being the fault of one party are more symmetric conflicts between the interests of the two parties.
Download or read book Law s Order written by David D. Friedman and published by Princeton University Press. This book was released on 2001-07-02 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: What does economics have to do with law? Suppose legislators propose that armed robbers receive life imprisonment. Editorial pages applaud them for getting tough on crime. Constitutional lawyers raise the issue of cruel and unusual punishment. Legal philosophers ponder questions of justness. An economist, on the other hand, observes that making the punishment for armed robbery the same as that for murder encourages muggers to kill their victims. This is the cut-to-the-chase quality that makes economics not only applicable to the interpretation of law, but beneficial to its crafting. Drawing on numerous commonsense examples, in addition to his extensive knowledge of Chicago-school economics, David D. Friedman offers a spirited defense of the economic view of law. He clarifies the relationship between law and economics in clear prose that is friendly to students, lawyers, and lay readers without sacrificing the intellectual heft of the ideas presented. Friedman is the ideal spokesman for an approach to law that is controversial not because it overturns the conclusions of traditional legal scholars--it can be used to advocate a surprising variety of political positions, including both sides of such contentious issues as capital punishment--but rather because it alters the very nature of their arguments. For example, rather than viewing landlord-tenant law as a matter of favoring landlords over tenants or tenants over landlords, an economic analysis makes clear that a bad law injures both groups in the long run. And unlike traditional legal doctrines, economics offers a unified approach, one that applies the same fundamental ideas to understand and evaluate legal rules in contract, property, crime, tort, and every other category of law, whether in modern day America or other times and places--and systems of non-legal rules, such as social norms, as well. This book will undoubtedly raise the discourse on the increasingly important topic of the economics of law, giving both supporters and critics of the economic perspective a place to organize their ideas.
Download or read book Law and Social Change written by Stuart S. Nagel and published by SAGE Publications, Incorporated. This book was released on 1970 with total page 130 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Reasoning with Rules written by Jaap Hage and published by Springer Science & Business Media. This book was released on 1996-11-30 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rule-applying legal arguments are traditionally treated as a kind of syllogism. Such a treatment overlooks the fact that legal principles and rules are not statements which describe the world, but rather means by which humans impose structure on the world. Legal rules create legal consequences, they do not describe them. This has consequences for the logic of rule- and principle-applying arguments, the most important of which may be that such arguments are defeasible. This book offers an extensive analysis of the role of rules and principles in legal reasoning, which focuses on the close relationship between rules, principles, and reasons. Moreover, it describes a logical theory which assigns a central place to the notion of reasons for and against a conclusion, and which is especially suited to deal with rules and principles.
Download or read book Sociological Abstracts written by Leo P. Chall and published by . This book was released on 1987 with total page 1064 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Contract Law Minimalism written by Jonathan Morgan and published by Cambridge University Press. This book was released on 2013-11-07 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: Commercial contract law is in every sense optional given the choice between legal systems and law and arbitration. Its 'doctrines' are in fact virtually all default rules. Contract Law Minimalism advances the thesis that commercial parties prefer a minimalist law that sets out to enforce what they have decided - but does nothing else. The limited capacity of the legal process is the key to this 'minimalist' stance. This book considers evidence that such minimalism is indeed what commercial parties choose to govern their transactions. It critically engages with alternative schools of thought, that call for active regulation of contracts to promote either economic efficiency or the trust and co-operation necessary for 'relational contracting'. The book also necessarily argues against the view that private law should be understood non-instrumentally (whether through promissory morality, corrective justice, taxonomic rationality, or otherwise). It sketches a restatement of English contract law in line with the thesis.
Download or read book Rhetoric and the Rule of Law written by Neil MacCormick and published by . This book was released on 2005 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is legal reasoning rationally persuasive, working within a discernible structure and using recognisable kinds of arguments? Does it belong to rhetoric in this sense, or to the domain of the merely 'rhetorical' in an adversative sense? Is there any reasonable certainty about legal outcomes indispute-situations? If not, what becomes of the Rule of Law? Neil MacCormick's book tackles these questions in establishing an overall theory of legal reasoning which shows the essential part 'legal syllogism' plays in reasoning aimed at the application of law, while acknowledging that simpledeductive reasoning, though always necessary, is very rarely sufficient to justify a decision.There are always problems of relevancy, classification or interpretation in relation to both facts and law. In justifying conclusions about such problems, reasoning has to be universalistic and yet fully sensitive to the particulars of specific cases. How is this possible? Is legal justificationat this level consequentialist in character or principled and right-based?Both normative coherence and narrative coherence have a part to play in justification, and in accounting for the validity of arguments by analogy. Looking at such long-discussed subjects as precedent and analogy and the interpretative character of the reasoning involved, Neil MacCormick expandsupon his celebrated Legal Reasoning and Legal Theory (OUP 1978 and 1994) and restates his 'institutional theory of law'.
Download or read book Restatement of the Law Third written by American Law Institute and published by . This book was released on 1996 with total page 762 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Law and the Modern Mind written by Jerome Frank and published by Routledge. This book was released on 2017-07-12 with total page 494 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and the Modern Mind first appeared in 1930 when, in the words of Judge Charles E. Clark, it "fell like a bomb on the legal world." In the generations since, its influence has grown-today it is accepted as a classic of general jurisprudence.The work is a bold and persuasive attack on the delusion that the law is a bastion of predictable and logical action. Jerome Frank's controversial thesis is that the decisions made by judge and jury are determined to an enormous extent by powerful, concealed, and highly idiosyncratic psychological prejudices that these decision-makers bring to the courtroom.
Download or read book The Wagstaffe Group Practice Guide written by James M. Wagstaffe and published by . This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Restatement of the Law 3rd written by American Law Institute and published by . This book was released on 2000 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book American Bar Association Journal written by American Bar Association and published by . This book was released on 1962 with total page 774 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Powell on Real Property written by Richard Roy Powell and published by LexisNexis/Matthew Bender. This book was released on 2009 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
