Download or read book The Rise Fall of Classical Legal Thought written by Duncan Kennedy and published by Beard Books. This book was released on 2006 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal historian G. Edward White recently described it as the "most widely circulated and cited unpublished manuscript in twentieth-century American legal scholarship since Hart & Sacks' Legal Process materials." It began the re-evaluation of law in the Gilded Age, and gave it its current name of Classical Legal Thought. It was also one of the first and most influential of the works that introduced European critical theory and structuralism into the study of American law. This reprint comes with a substantial new Introduction that puts the work in context and relates it to current scholarship in the field. It should interest historians generally as well as readers curious about how our legal system got its special modern character --

Download or read book The Rise and Fall of Classical Legal Thought written by Duncan Kennedy and published by . This book was released on 1980* with total page 666 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Lost World of Classical Legal Thought written by William M. Wiecek and published by Oxford University Press, USA. This book was released on 2001 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines legal ideology in the US from the height of the Gilded Age through the time of the New Deal, when the Supreme Court began to discard orthodox thought in favour of more modernist approaches to law. Wiecek places this era of legal thought in its historical context, integrating social, economic, and intellectual analyses.

Download or read book The Rise and Fall of Natural Law written by Friedrich Julius Stahl and published by WordBridge Publishing. This book was released on 2020-03-16 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Our age is characterized by radical subjectivism. Which is to say: There is no agreement on any absolute standard of value. Indeed, there is no agreement even on truth itself. And as a matter of fact, the very concept of objective, absolute truth has been cast aside in favor of “truths” – your truth, my truth, whoever’s truth. The result is the abandonment of the pursuit of truth at all, in favor of convictions, emotional appeals in favor of those convictions, and the pursuit of political power to put those convictions in practice. This state of affairs will come as no surprise to those, like Friedrich Julius Stahl, who track the way people think, who know that ideas have consequences and that thought eventually feeds into practice. This is especially the case with legal philosophy. Here is where theory and practice confront each other, where the rubber meets the road. And the history of legal philosophy is the history of ideas having consequences. This history can tell us a great deal about how we arrived at the current state of affairs. When we look at it, we find that the key player in this history is natural law. Once the mainstay of ethical and legal discourse, it is now a forgotten relic. But natural law paved the way for the triumph of subjectivism in the modern world. A strange thing, considering that natural law was supposed to embody an objective standard for judging man-made law. It ended up eliminating that standard. How this came about is the burden of The Rise and Fall of Natural Law. Natural law was born of the Greeks and Romans, adopted by the Christian church, and converted into the bulwark of Christian ethical and legal science. But along the way it became disengaged from the church; and when it did, it played a central role in secularizing Western civilization. Stahl follows this career, from its start in classical antiquity, through to its incorporation in the scholasticism of the Middle Ages, to its secularized versions in the Enlightenment, and culminating in the philosophy of Rousseau and the hard reality of the French Revolution. The subjectivist turn is especially emphasized in the work of Johann Gottlieb Fichte, whose focus on enthusiastic conviction and the primacy of the subject makes him the prophet of the modern world. Although Fichte wrote at the turn of the 19th century, it is in our day that his orientation has triumphed. His story, and the stories of those leading up to him – the leading characters in “the Rise and Fall of Natural Law” – are crucial to understanding the genesis of the modern world.

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 925 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 The Lost World of Classical Legal Thought written by William Michael Wiecek and published by . This book was released on 1998 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Hughes Court Volume 11 written by Mark V. Tushnet and published by Oliver Wendell Holmes Devise History of the Supreme Court of the United States. This book was released on 2022-02-03 with total page 1273 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive study of the US Supreme Court that explores the transformation of constitutional law from 1930 to 1941.

Download or read book The Hughes Court Volume 11 written by Mark V. Tushnet and published by Cambridge University Press. This book was released on 2022-02-03 with total page 1273 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Hughes Court: From Progressivism to Pluralism, 1930 to 1941 describes the closing of one era in constitutional jurisprudence and the opening of another. This comprehensive study of the Supreme Court from 1930 to 1941 – when Charles Evans Hughes was Chief Justice – shows how nearly all justices, even the most conservative, accepted the broad premises of a Progressive theory of government and the Constitution. The Progressive view gradually increased its hold throughout the decade, but at its end, interest group pluralism began to influence the law. By 1941, constitutional and public law was discernibly different from what it had been in 1930, but there was no sharp or instantaneous Constitutional Revolution in 1937 despite claims to the contrary. This study supports its conclusions by examining the Court's work in constitutional law, administrative law, the law of justiciability, civil rights and civil liberties, and statutory interpretation.

Download or read book The Oxford Handbook of Comparative Law written by Mathias Reimann and published by Oxford University Press. This book was released on 2019-03-26 with total page 1536 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fully revised and updated second edition of The Oxford Handbook of Comparative Law provides a wide-ranging and diverse critical survey of comparative law at the beginning of the twenty-first century. It summarizes and evaluates a discipline that is time-honoured but not easily understood in all its dimensions. In the current era of globalization, this discipline is more relevant than ever, both on the academic and on the practical level. The Handbook is divided into three main sections. Section I surveys how comparative law has developed and where it stands today in various parts of the world. This includes not only traditional model jurisdictions, such as France, Germany, and the United States, but also other regions like Eastern Europe, East Asia, and Latin America. Section II then discusses the major approaches to comparative law - its methods, goals, and its relationship with other fields, such as legal history, economics, and linguistics. Finally, section III deals with the status of comparative studies in over a dozen subject matter areas, including the major categories of private, economic, public, and criminal law. The Handbook contains forty-eight chapters written by experts from around the world. The aim of each chapter is to provide an accessible, original, and critical account of the current state of comparative law in its respective area which will help to shape the agenda in the years to come. Each chapter also includes a short bibliography referencing the definitive works in the field.

Download or read book The Horizontal Effect Revolution and the Question of Sovereignty written by Johan van der Walt and published by Walter de Gruyter GmbH & Co KG. This book was released on 2014-08-25 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: That the recent turn in European Constitutional Review has effectively brought about a revolution in European law has been observed before. At issue are two major developments in European judicial review. On the one hand, the European Court of Human Rights has been collapsing traditional boundaries between constitutional law and private law with a series of decisions that effectively recognized the "horizontal" effect of Convention rights in the private sphere. On the other hand, the European Court of Justice has also given horizontal effect to fundamental liberties embodied in the Treaty on the Function of the European Union in a number of recent cases in a way that puts "established" boundaries between Member State and Union competences in question. This book takes issue with these developments by bringing to the fore a key issue that the horizontality effect debate has hitherto largely overlooked, namely, the question of sovereignty. It shows with detailed references to especially the American debate on state action and the German debate on Drittwirkung that horizontal effect cannot be understood consistently without coming to grips with the conceptions of state sovereignty that inform different approaches to horizontal effect.

Download or read book International Law and History written by Ignacio de la Rasilla and published by Cambridge University Press. This book was released on 2021-01-21 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first contemporary historiography of international law and an essential methodological guide for researching international legal history.

Download or read book The Decline of Private Law written by Gonçalo de Almeida Ribeiro and published by Bloomsbury Publishing. This book was released on 2019-05-02 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a large-scale historical reconstruction of liberal legalism, from its inception in the mid-nineteenth century, the moment in which the jurists forged the alliance between political liberalism and legal expertise embodied in classical private law doctrine, to the contemporary anxiety about the possibility of both a liberal solution to the problem of political justification and of law as a respectable form of expert knowledge. Each stage in the history is a moment of synthesis between a substantive and a methodological idea. The former is the liberal political theory of the period, purporting to provide a solution to the problem of political justification. The latter is a conception of legal method or science, supposedly vindicating the access of the expert to the political choices embodied in the law. Thus, each moment in the history of liberal legalism integrates a political theory with a jurisprudential conception. Although it reaches the unsettling conclusion that liberal legalism has largely failed by its own standards, the book urges us to avoid quietism, scepticism or cynicism, in the hope that a deeper understanding of the fragility of our values and institutions inspires a more thoughtful, broadminded and nurtured citizenship.

Download or read book Formalism and the Sources of International Law written by Jean d'Aspremont and published by OUP Oxford. This book was released on 2013-05-23 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book revisits the theory of the sources of international law from the perspective of formalism. It critically analyses the virtues of formalism, construed as a theory of law ascertainment, as a means of distinguishing between law and non-law. The theory of formalism is re-evaluated against the backdrop of the growing acceptance by international legal theorists of the blurring of the lines between law and non-law. At the same time, the book acknowledges that much international normative activity nowadays takes place outside the ambit of traditional international law and that only a limited part of the exercise of public authority at the international level results in the creation of international legal rules. The theory of ascertainment that the book puts forward attempts to dispel some of the illusions of formalism that accompany the traditional sources of international law. It also sheds light on the tendency of scholars, theorists, and advocates to deformalize the identification of international legal rules with a view to expanding international law. The book seeks to revitalize and refresh the formal identification of rules by engaging with some tenets of the postmodern critique of formalism. As a result, the book not only grapples with the practice of law-making at the international level, but it also offers broad theoretical insights on international law, dealing with the main schools of thought in legal theory (positivism, naturalism, legal realism, policy-oriented jurisprudence, and postmodernism). This paperback edition features the author's discussion of this book on the EJIL Talk blog.

Download or read book Research Methods in International Law written by Deplano, Rossana and published by Edward Elgar Publishing. This book was released on 2021-07-31 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely Handbook contains a wide-ranging overview of the diverse research methods used within international law. Providing an insightful examination of how international legal knowledge is analysed and adopted, this Handbook offers the reader a deeper understanding on the role and place of research methods in international legal theory, reasoning and practice.

Download or read book Law in Theory and History written by Maksymilian Del Mar and published by Bloomsbury Publishing. This book was released on 2016-11-17 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of original essays brings together leading legal historians and theorists to explore the oft-neglected but important relationship between these two disciplines. Legal historians have often been sceptical of theory. The methodology which informs their own work is often said to be an empirical one, of gathering information from the archives and presenting it in a narrative form. The narrative produced by history is often said to be provisional, insofar as further research in the archives might falsify present understandings and demand revisions. On the other side, legal theorists are often dismissive of historical works. History itself seems to many theorists not to offer any jurisprudential insights of use for their projects: at best, history is a repository of data and examples, which may be drawn on by the theorist for her own purposes. The aim of this collection is to invite participants from both sides to ask what lessons legal history can bring to legal theory, and what legal theory can bring to history. What is the theorist to do with the empirical data generated by archival research? What theories should drive the historical enterprise, and what wider lessons can be learned from it? This collection brings together a number of major theorists and legal historians to debate these ideas.

Download or read book Preclassical Conflict of Laws written by Nikitas E. Hatzimihail and published by Cambridge University Press. This book was released on 2021-07-22 with total page 643 pages. Available in PDF, EPUB and Kindle. Book excerpt: To better appreciate present-day private international law and its future prospects and challenges, we should consider the history and historiography of the field. This book offers an original approach to the study of conflict of laws and legal history that exposes doctrinal lawyers to historical context, and legal historians to the intricacies of legal doctrine. The analysis is based on an in-depth examination of Medieval and Early Modern conflict of laws, focusing on the classic texts of Bartolus and Huber. Combining theoretical insights, textual analysis and historical perspectives, the author presents the preclassical conflict of laws as a rich world of doctrines and policies, theory and practice, context and continuity. This book challenges preconceptions and serves as an advanced introduction which illustrates the relevance of history in commanding private international law, while aspiring to make private international law relevant for history.

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: In the contemporary domain of American legal thought there is a dominant way in which lawyers and judges craft their argumentative practice. More colloquially, this is a dominant conception of what it means to 'think like a lawyer'. Despite the widespread popularity of this conception, it is rarely described in detail or given a name. Justin Desautels-Stein tells the story of how and why this happened, and why it matters. Drawing upon and updating the work of Harvard Law School's first generation of critical legal studies, Desautels-Stein develops what he calls a jurisprudence of style. In doing so, he uncovers the intellectual alliance, first emerging at the end of the nineteenth century and maturing in the last third of the twentieth century, between American pragmatism and liberal legal thought. Applying the tools of legal structuralism and phenomenology to real-world cases in areas of contemporary legal debate, this book develops a practice-oriented understanding of legal thought.