Download or read book The Theory of Rules written by Karl N. Llewellyn and published by University of Chicago Press. This book was released on 2011-04 with total page 165 pages. Available in PDF, EPUB and Kindle. Book excerpt: Karl N. Llewellyn was one of the founders and major figures of legal realism, and his many keen insights have a central place in American law and legal understanding. Key to Llewellyn’s thinking was his conception of rules, put forward in his numerous writings and most famously in his often mischaracterized declaration that they are “pretty playthings.” Previously unpublished, The Theory of Rules is the most cogent presentation of his profound and insightful thinking about the life of rules. This book frames the development of Llewellyn’s thinking and describes the difference between what rules literally prescribe and what is actually done, with the gap explained by a complex array of practices, conventions, professional skills, and idiosyncrasies, most of which are devoted to achieving a law’s larger purpose rather than merely following the letter of a particular rule. Edited, annotated, and with an extensive analytic introduction by leading contemporary legal scholar Frederick Schauer, this rediscovered work contains material not found elsewhere in Llewellyn’s writings and will prove a valuable contribution to the existing literature on legal realism.
Download or read book The Theory of Rules written by Karl N. Llewellyn and published by University of Chicago Press. This book was released on 2011-05-01 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: Karl N. Llewellyn was one of the founders and major figures of legal realism, and his many keen insights have a central place in American law and legal understanding. Key to Llewellyn’s thinking was his conception of rules, put forward in his numerous writings and most famously in his often mischaracterized declaration that they are “pretty playthings.” Previously unpublished, The Theory of Rules is the most cogent presentation of his profound and insightful thinking about the life of rules. This book frames the development of Llewellyn’s thinking and describes the difference between what rules literally prescribe and what is actually done, with the gap explained by a complex array of practices, conventions, professional skills, and idiosyncrasies, most of which are devoted to achieving a law’s larger purpose rather than merely following the letter of a particular rule. Edited, annotated, and with an extensive analytic introduction by leading contemporary legal scholar Frederick Schauer, this rediscovered work contains material not found elsewhere in Llewellyn’s writings and will prove a valuable contribution to the existing literature on legal realism.
Download or read book The Concept of Law written by Herbert Lionel Adolphus Hart and published by . This book was released on 1986 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Theory of Legal Principles written by Humberto Avila and published by Springer Science & Business Media. This book was released on 2007-09-26 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the distinction between principles and rules so that they can be better understood and applied. It structures the distinction between principles and rules on different foundations than those jurisprudence ordinarily employs. It also proposes a new model to explain the normative species, which includes structured weighing on the application process while encompassing substantive criteria of justice in its argument.
Download or read book Pure Theory of Law written by Hans Kelsen and published by The Lawbook Exchange, Ltd.. This book was released on 2005 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reprint of the second revised and enlarged edition, a complete revision of the first edition published in 1934. A landmark in the development of modern jurisprudence, the pure theory of law defines law as a system of coercive norms created by the state that rests on the validity of a generally accepted Grundnorm, or basic norm, such as the supremacy of the Constitution. Entirely self-supporting, it rejects any concept derived from metaphysics, politics, ethics, sociology, or the natural sciences. Beginning with the medieval reception of Roman law, traditional jurisprudence has maintained a dual system of "subjective" law (the rights of a person) and "objective" law (the system of norms). Throughout history this dualism has been a useful tool for putting the law in the service of politics, especially by rulers or dominant political parties. The pure theory of law destroys this dualism by replacing it with a unitary system of objective positive law that is insulated from political manipulation. Possibly the most influential jurisprudent of the twentieth century, Hans Kelsen [1881-1973] was legal adviser to Austria's last emperor and its first republican government, the founder and permanent advisor of the Supreme Constitutional Court of Austria, and the author of Austria's Constitution, which was enacted in 1920, abolished during the Anschluss, and restored in 1945. The author of more than forty books on law and legal philosophy, he is best known for this work and General Theory of Law and State. Also active as a teacher in Europe and the United States, he was Dean of the Law Faculty of the University of Vienna and taught at the universities of Cologne and Prague, the Institute of International Studies in Geneva, Harvard, Wellesley, the University of California at Berkeley, and the Naval War College. Also available in cloth.
Download or read book A Realistic Theory of Law written by Brian Z. Tamanaha and published by Cambridge University Press. This book was released on 2017-04-24 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book re-orients jurisprudence and develops an empirically informed theory of law that applies throughout history and across different societies.
Download or read book Game Theory and the Law written by Douglas G. Baird and published by Harvard University Press. This book was released on 1994 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first to apply the tools of game theory and information economics to advance our understanding of how laws work. Organized around the major solution concepts of game theory, it shows how such well known games as the prisoner's dilemma, the battle of the sexes, beer-quiche, and the Rubinstein bargaining game can illuminate many different kinds of legal problems. Game Theory and the Law highlights the basic mechanisms at work and lays out a natural progression in the sophistication of the game concepts and legal problems considered.
Download or read book The Theory Practice and Interpretation of Customary International Law written by Panos Merkouris and published by Cambridge University Press. This book was released on 2022-05-26 with total page 647 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides an in-depth study of the theory, history, practice, and interpretation of customary international law.
Download or read book Order Without Rules written by David Bogen and published by SUNY Press. This book was released on 1999-01-01 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: Questions whether the logic of language underlying Habermas's theory of communicative action is in fact the defining feature of conversational practice.
Download or read book A Theory of Legal Sentences written by Manuel Atienza and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal statements are, according to the authors, the most basic elements of the law. Nevertheless they must be considered not only as the pieces of a puzzle, but also as the components of a dynamic and highly complex reality: the law of contemporary society. The book presents an analysis of the different types of legal statements (mandatory rules, principles, power-conferring rules, definitions, permissions, values and the rule of recognition) from a threeefold perspective, that is, considering their logical structure, their function in legal reasoning as reasons for action, and their connections with the interests and power relationships among the individuals and the social groups. The result is conceived as a first step in the building of a general theory of law designed not as an isolated discourse but as a decisive element for the dynamization of the legal culture.
Download or read book Reconstructing American Legal Realism Rethinking Private Law Theory written by Hanoch Dagan and published by Oxford University Press. This book was released on 2013-09 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book demonstrates how legal realism offers important and unique jurisprudential insights that are not just a part of legal history, but are also relevant and useful for a contemporary understanding of legal theory.
Download or read book Communication Rules written by Susan B. Shimanoff and published by SAGE Publications, Incorporated. This book was released on 1980-02 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Abstract: A theory of effective human communication stressing the importance of rules is presented. The concept of rules provides a methodological focus for communications and linguistics research. The nature, structure, and function of rules are described as they apply to communicative conduct. The relationship between rules and behavior is examined. In addition, the following methods for inferring rules from behavior are investigated: self-reflection, survey, naturalistic observation, participant observation, quasi-experimentation, and experimentation. Specific ways in which rules may contribute to communications theory are discussed. Suggested research problems include the identification of communication rules, the construction of communications theories, the development of strategies for the recognition and use of rules, and the practical implications of rules theory and research. (nm).
Download or read book Allowing for Exceptions written by Luís Duarte d'Almeida and published by Oxford Legal Philosophy. This book was released on 2015 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Within limits, the law allows for exceptions. But how do we draw the line between a rule and its exceptions? This is a long-debated question with important practical consequences. This book tackles this persistent puzzle by offering a new account of exceptions in the law and their role in legal reasoning. It clarifies the relationship between legal defences and the allocation of burdens of proof, discusses the structure of legal rules and the interplay of claims and answers in the legal process, and sheds new light on the offence/defence distinction in criminal law.
Download or read book The Theory and Practice of Political Law written by Gregory Tardi and published by . This book was released on 2015 with total page 768 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Rational Rules written by Shaun Nichols and published by Oxford University Press. This book was released on 2021-02-11 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Moral systems, like normative systems more broadly, involve complex mental representations. Rational Rules proposes that moral learning can be understood in terms of general-purpose rational learning procedures. Nichols argues that statistical learning can help answer a wide range of questions about moral thought: Why do people think that rules apply to actions rather than consequences? Why do people expect new rules to be focused on actions rather than consequences? How do people come to believe a principle of liberty, according to which whatever is not expressly prohibited is permitted? How do people decide that some normative claims hold universally while others hold only relative to some group? The resulting account has both empiricist and rationalist features: since the learning procedures are domain-general, the result is an empiricist theory of a key part of moral development, and since the learning procedures are forms of rational inference, the account entails that crucial parts of our moral system enjoy rational credentials. Moral rules can also be rational in the sense that they can be effective for achieving our ends, given our ecological settings. Rational Rules argues that at least some central components of our moral systems are indeed ecologically rational: they are good at helping us attain common goals. Nichols argues that the account might be extended to capture moral motivation as a special case of a much more general phenomenon of normative motivation. On this view, a basic form of rule representation brings motivation along automatically, and so part of the explanation for why we follow moral rules is that we are built to follow rules quite generally.
Download or read book The Dynamics of Rules written by James G. March and published by Stanford University Press. This book was released on 2000 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: This quantitative study uses the history of Stanford University to develop speculations about the ways in which written rules change. It contributes both to a theory of rules and to theories of organizational decision-making, change, and learning.
Download or read book Rules written by Lorraine Daston and published by Princeton University Press. This book was released on 2023-08-08 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: A panoramic history of rules in the Western world Rules order almost every aspect of our lives. They set our work hours, dictate how we drive and set the table, tell us whether to offer an extended hand or cheek in greeting, and organize the rites of life, from birth through death. We may chafe under the rules we have, and yearn for ones we don’t, yet no culture could do without them. In Rules, historian Lorraine Daston traces their development in the Western tradition and shows how rules have evolved from ancient to modern times. Drawing on a rich trove of examples, including legal treatises, cookbooks, military manuals, traffic regulations, and game handbooks, Daston demonstrates that while the content of rules is dazzlingly diverse, the forms that they take are surprisingly few and long-lived. Daston uncovers three enduring kinds of rules: the algorithms that calculate and measure, the laws that govern, and the models that teach. She vividly illustrates how rules can change—how supple rules stiffen, or vice versa, and how once bothersome regulations become everyday norms. Rules have been devised for almost every imaginable activity and range from meticulous regulations to the laws of nature. Daston probes beneath this variety to investigate when rules work and when they don’t, and why some philosophical problems about rules are as ancient as philosophy itself while others are as modern as calculating machines. Rules offers a wide-angle view on the history of the constraints that guide us—whether we know it or not.
