Download or read book The Problematics of Moral and Legal Theory written by Richard A. Posner and published by Harvard University Press. This book was released on 2009-06-01 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ambitious legal thinkers have become mesmerized by moral philosophy, believing that great figures in the philosophical tradition hold the keys to understanding and improving law and justice and even to resolving the most contentious issues of constitutional law. They are wrong, contends Richard Posner in this book. Posner characterizes the current preoccupation with moral and constitutional theory as the latest form of legal mystification--an evasion of the real need of American law, which is for a greater understanding of the social, economic, and political facts out of which great legal controversies arise. In pursuit of that understanding, Posner advocates a rebuilding of the law on the pragmatic basis of open-minded and systematic empirical inquiry and the rejection of cant and nostalgia--the true professionalism foreseen by Oliver Wendell Holmes a century ago. A bracing book that pulls no punches and leaves no pieties unpunctured or sacred cows unkicked, The Problematics of Moral and Legal Theory offers a sweeping tour of the current scene in legal studies--and a hopeful prospect for its future.
Download or read book Oliver Wendell Holmes Jr Legal Theory and Judicial Restraint written by Frederic R. Kellogg and published by Cambridge University Press. This book was released on 2006-12-11 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: Oliver Wendell Holmes, Jr, is considered by many to be the most influential American jurist. The voluminous literature devoted to his writings and legal thought, however, is diverse and inconsistent. In this study, Frederic R. Kellogg follows Holmes's intellectual path from his early writings through his judicial career. He offers a fresh perspective that addresses the views of Holmes's leading critics and explains his relevance to the controversy over judicial activism and restraint. Holmes is shown to be an original legal theorist who reconceived common law as a theory of social inquiry and who applied his insights to constitutional law. From his empirical and naturalist perspective on law, with its roots in American pragmatism, emerged Holmes's distinctive judicial and constitutional restraint. Kellogg distinguishes Holmes from analytical legal positivism and contrasts him with a range of thinkers.
Download or read book Western Legal Theory written by Augusto Zimmermann and published by . This book was released on 2012-12-07 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Western Legal Theory: History, Concepts and Perspectives enable readers to gain a holistic appreciation of the law by presenting a broad collection of ideas concerning the nature of law. The author draws from a number of social disciplines to provide a rounded sense of what law really is and how it should work in society. The text discusses a wide range of theories and theorists, and also traces the historical developments of Western legal thought from ancient times to the present day. With a focus on the historical and contemporary role of philosophy in the interpretation of law, Western Legal Theory: History, Concepts and Perspectives provide a fascinating insight into the development of law and a comprehensive analysis of current legal thought. It is ideal for students of legal theory and jurisprudence, legal history, political philosophy, and legal practitioners and general readers interested in the theories underpinning our legal institutions and framework.
Download or read book Current Legal Theory written by and published by . This book was released on 1998 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Legal Theory and Common Law written by William L. Twining and published by Wiley-Blackwell. This book was released on 1986-01-01 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Evaluation and Legal Theory written by Julie Dickson and published by Bloomsbury Publishing. This book was released on 2001-06-05 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: If Raz and Dworkin disagree over how law should be characterised,how are we, their jurisprudential public, supposed to go about adjudicating between the rival theories which they offer us? To what considerations would those theorists themselves appeal in order to convince us that their accounts of law are accurate and successful? Moreover, what is it that makes an account of law successful? Evaluation and Legal Theory tackles methodological or meta-theoretical issues such as these, and does so via attempting to answer the question: to what extent, and in what sense, must a legal theorist make value judgements about his data in order to construct a successful theory of law? Dispelling the obfuscatory myth that legal positivism seeks a 'value-free' account of law, the author attempts to explain and defend Joseph Razs position that evaluation is essential to successful legal theory, whilst refuting John Finnis and Ronald Dworkins contentions that the legal theorist must morally evaluate and morally justify the law in order to properly explain its nature. The book does not claim to solve the many mysteries of meta-legal theory but does seek to contribute to and engender rigorous and focused debate on this topic.
Download or read book Frontiers of Legal Theory written by Richard A. Posner and published by Harvard University Press. This book was released on 2004-03 with total page 474 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most exciting development in legal thinking since World War II has been the growth of interdisciplinary legal studies. Judge Richard Posner has been a leader in this movement, and his new book explores its rapidly expanding frontier.
Download or read book Tort Theory written by Kenneth D. Cooper-Stephenson and published by Captus Press. This book was released on 1993 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Recognizing Wrongs written by John C. P. Goldberg and published by Harvard University Press. This book was released on 2020-02-04 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two preeminent legal scholars explain what tort law is all about and why it matters, and describe their own view of tort’s philosophical basis: civil recourse theory. Tort law is badly misunderstood. In the popular imagination, it is “Robin Hood” law. Law professors, meanwhile, mostly dismiss it as an archaic, inefficient way to compensate victims and incentivize safety precautions. In Recognizing Wrongs, John Goldberg and Benjamin Zipursky explain the distinctive and important role that tort law plays in our legal system: it defines injurious wrongs and provides victims with the power to respond to those wrongs civilly. Tort law rests on a basic and powerful ideal: a person who has been mistreated by another in a manner that the law forbids is entitled to an avenue of civil recourse against the wrongdoer. Through tort law, government fulfills its political obligation to provide this law of wrongs and redress. In Recognizing Wrongs, Goldberg and Zipursky systematically explain how their “civil recourse” conception makes sense of tort doctrine and captures the ways in which the law of torts contributes to the maintenance of a just polity. Recognizing Wrongs aims to unseat both the leading philosophical theory of tort law—corrective justice theory—and the approaches favored by the law-and-economics movement. It also sheds new light on central figures of American jurisprudence, including former Supreme Court Justices Oliver Wendell Holmes, Jr., and Benjamin Cardozo. In the process, it addresses hotly contested contemporary issues in the law of damages, defamation, malpractice, mass torts, and products liability.
Download or read book The Law in Philosophical Perspectives written by Luc J. Wintgens and published by Springer Science & Business Media. This book was released on 2013-04-17 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this age of collections that is ours, many volumes of collections are published. They contain contributions of several well-known authors, and their aim is to present a selective overview of a relevant field of study. This book has the same purpose. Its aim is to introduce students, scholars and all those interested in current problems of legal theory and legal philosophy to the work of the leading scholars in this field. The large number of publications, both books and articles, that have been produced over recent decades makes it quite difficult, however, for those who are making their first steps in this domain to find firm guidelines. The book is new in its genre because of its method. The choice was made not to reprint an example of contributors' earlier basic articles or a part of one of their books. This would only give a partial view of the rich texture of their work. Rather, the authors were asked to make an original synthesis of their own contributions to the field of legal theory and legal philosophy. Brought together in this volume, they constitute a truly author-ised view of their work. This book is also new in that each essay is complemented with bibliographical information in order to encourage further research on the author's self-selected work. This will help the reader rapidly to become familiar with the whole of the published work of the contributors.
Download or read book Frontiers of Legal Theory written by Richard A. Posner and published by Harvard University Press. This book was released on 2004-03 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most exciting development in legal thinking since World War II has been the growth of interdisciplinary legal studies. Judge Richard Posner has been a leader in this movement, and his new book explores its rapidly expanding frontier.
Download or read book Searching for Contemporary Legal Thought written by Justin Desautels-Stein and published by Cambridge University Press. This book was released on 2017-12-28 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt: For more than a century, law schools have trained students to 'think like a lawyer'. In these times of legal crisis, both in legal education and in global society, what does that mean for the rest of us? In this book, thirty leading international scholars - including Louis Assier-Andrieu, Marianne Constable, Yves Dezalay, Denise Ferreira da Silva, Bryant Garth, Peter Goodrich, Duncan Kennedy, Martti Koskenniemi, Shaun McVeigh, Samuel Moyn, Annelise Riles, Charles Sabel and William Simon - examine what is distinctive about legal thought. They probe the relation between law and time, law and culture, and legal thought and legal action; the nature of current legal thought; the geography of legal thought; and the conditions for recognition of a new 'contemporary' style of law. This work will help theorists, social scientists, historians and students understand the intellectual context of legal problems, legal doctrine, and jurisprudential trends in the current conjuncture.
Download or read book The Policy of Law written by Mauro Zamboni and published by Bloomsbury Publishing. This book was released on 2007-11-19 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book focuses on the relationship between law and politics as perceived by the legal community and more specifically, the transformation of politics into law. After exploring the relationship between law and politics as considered by the major modern schools of legal theory, the focus moves to the regions of interaction in which law and politics meet, termed the "policy of law." The policy of law is characterized in this work as the stage of the law-making process at which values entrenched in political decisions are transformed into legal concepts in order to fit the existing legal system. The space labeled as policy of law is today mainly (but not exclusively) the domain of legal actors. Consequently, the identification of a branch of the legal discipline specifically devoted to the investigation of the transformations of values into law is given: the policy of law analysis. Finally, whether and to what extent the policy of law analysis can be encompassed within the traditional legal discipline and, more particularly, as a part of jurisprudence, is explored. "Zamboni ranges broadly and knowledgeably over vast areas of legal theory. But it is no mere taxonomising - his argument is valuable and original. It is clear, learned and never boring." [Zenon Bankowski, University of Edinburgh].
Download or read book Research Handbook on Natural Law Theory written by Jonathan Crowe and published by Edward Elgar Publishing. This book was released on 2019 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; font: 10.0px Arial} p.p2 {margin: 0.0px 0.0px 0.0px 0.0px; font: 10.0px Arial; min-height: 11.0px} span.s1 {font: 10.0px Helvetica} This thought-provoking Research Handbook provides a snapshot of current research on natural law theory in ethics, politics and law, showcasing the breadth and diversity of contemporary natural law thought. The Research Handbook on Natural Law Theory examines topics such as foundational figures in Western natural law theory, natural law ideas in a variety of religious and cultural traditions, normative foundations of natural law, as well as issues of law and governance. Featuring contributions by leading international scholars, this Research Handbook offers a valuable resource for scholars in law, philosophy, religious studies and related fields.
Download or read book Interpretation and Legal Theory written by Andrei Marmor and published by Bloomsbury Publishing. This book was released on 2005-04-25 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a revised and extensively rewritten edition of one of the most influential monographs on legal philosophy published in recent years. Writing in the introduction to the first edition the author characterized Anglophone philosophers as being ..."divided, and often waver[ing] between two main philosophical objectives: the moral evaluation of law and legal institutions, and an account of its actual nature." Questions of methodology have therefore tended to be sidelined, but were bound to surface sooner or later, as they have in the later work of Ronald Dworkin. The main purpose of this book is to provide a critical assessment of Dworkin's methodological turn, away from analytical jurisprudence towards a theory of interpretation, and the issues it gives rise to. The author argues that the importance of Dworkin's interpretative turn is not that it provides a substitute for 'semantic theories of law' (a dubious concept), but that it provides a new conception of jurisprudence, aiming to present itself as a comprehensive rival to the conventionalism manifest in legal positivism. Furthermore, once the interpretative turn is regarded as an overall challenge to conventionalism, it is easier to see why it does not confine itself to a critique of method. Law as interpretation calls into question the main tenets of its positivist rival, in substance as well as method. The book re-examines conventionalism in the light of this interpretative challenge.
Download or read book Legisprudence written by Luc J. Wintgens and published by Routledge. This book was released on 2016-04-22 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book establishes legisprudence, in contrast to jurisprudence, as a legal theory of rational law-making. It suggests that by rejecting the common wisdom about the nature of political law-making, legislation could be improved and streamlined. Using the methods, theoretical insights and tools of current legal theory and philosophy of law in a new way, the book suggests the creation of law by legislators rather than government. Raising new questions and problems of the validity of norms, the book opens a new perspective on legitimacy of norms, their meaning and the structure of the legal system. In distinguishing legitimacy and legitimation of law, the book ventures into the philosophical roots of legal theory and suggests the articulation of a new conception of sovereignty. In shifting the emphasis to the position of the legislator and legislation, this book opens a number of new insights into the relationship between legislative problems and legal theory. Its main claim is that legislation should be justified by the legislator.
Download or read book Closure Or Critique written by Alan William Norrie and published by . This book was released on 1993 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Can law be understood as a closed, self-sustaining system of rules? Can it claim a measure of autonomy from broader social political and economic forces or is it always reducible to such forces? Is any claim to autonomy false, perhaps designed to legitimise the existing social order? Is law based upon moral foundations or are ethical considerations deeply disruptive of it? Questions of legal and moral closure and of the critique of law's foundations and possibilities lie at the heart of crucial claims about the nature and value of law in modern Western societies. Closure or Critique addresses them from a variety of Modern and Postmodern positions central to current legal thought with a ground-breaking collection of essays from leading academics. Bringing together a variety of diverse perspectives, and encouraging a dialogue between approaches to law that are frequently seen as simply at odds with each other, Closure or Critique will be of interest both to the advanced reader seeking new work at the cutting edge, and to the first time student requiring an overview of legal theory today."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved
