Download or read book Jurisprudence Realism in Theory and Practice written by Karl Nickerson Llewellyn and published by . This book was released on 1971 with total page 531 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Judicial Process written by E. W. Thomas and published by Cambridge University Press. This book was released on 2005-09-15 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the absence of a sound conception of the judicial role, judges at present can be said to be 'muddling along'. They disown the declaratory theory of law but continue to behave and think as if it had not been discredited. Much judicial reasoning still exhibits an unquestioning acceptance of positivism and a 'rulish' predisposition. Formalistic thinking continues to exert a perverse influence on the legal process. This 2005 book dismantles these outdated theories and seeks to bridge the gap between legal theory and judicial practice. The author propounds a coherent and comprehensive judicial methodology for modern times. Founded on the truism that the law exists to serve society, and adopting the twin criteria of justice and contemporaneity with the times, a judicial methodology is developed which is realistic and pragmatic and which embraces a revised conception of practical reasoning, including in that conception a critical role for legal principles.
Download or read book Karl Llewellyn and the Realist Movement written by William Twining and published by Cambridge University Press. This book was released on 2012-09-17 with total page 667 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1973, Karl Llewellyn and the Realist Movement is a classic account of American Legal Realism and its leading figure. Karl Llewellyn is the best known and most substantial jurist of the group of lawyers known as the American Realists. He made important contributions to legal theory, legal sociology, commercial law, contract law, civil liberties and legal education. This intellectual biography sets Llewellyn in the broad context of the rise of the American Realist Movement and contains an overview of his life before focusing on his most important works, including The Cheyenne Way, The Bramble Bush, The Common Law Tradition and the Uniform Commercial Code. In this second edition the original text is supplemented with a preface by Frederick Schauer and an afterword in which William Twining gives a fascinating account of the making of the book and comments on developments in relevant legal scholarship over the past forty years.
Download or read book Research Handbook on Modern Legal Realism written by Shauhin Talesh and published by Edward Elgar Publishing. This book was released on 2021-03-26 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful Research Handbook provides a definitive overview of the New Legal Realism (NLR) movement, reaching beyond historical and national boundaries to form new conversations. Drawing on deep roots within the law-and-society tradition, it demonstrates the powerful virtues of new legal realist research and its attention to the challenges of translation between social science and law. It explores an impressive range of contemporary issues including immigration, policing, globalization, legal education, and access to justice, concluding with and examination of how different social science disciplines intersect with NLR.
Download or read book Jurisprudence written by Karl Llewellyn and published by Routledge. This book was released on 2017-09-04 with total page 773 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jurisprudence: Realism in Theory and Practice compiles many of Llewellyn's most important writings. For his time, the thirties through the fifties, Llewellyn offered fresh approaches to the study of law and society. Although these writings might not seem innovative today, because they have become widely applied in the contemporary world, they remain a testament to his. The ideas he advanced many decades ago have now become commonplace among contemporary jurisprudence scholars as well as social scientists studying law and legal issues.Legal realism, the ground of Llewellyn's theory, attempts to contextualize the practice of law. Its proponents argue that a host of extra-legal factors--social, cultural, historical, and psychological, to name a few--are at least as important in determining legal outcomes as are the rules and principles by which the legal system operates. Oliver Wendell Holmes, Jr., book, The Common Law, is regarded as the founder of legal realism. Holmes stated that in order to truly understand the workings of law, one must go beyond technical (or logical) elements entailing rules and procedures. The life of the law is not only that which is embodied in statutes and court decisions guided by procedural law. Law is just as much about experience: about flesh-and-blood human beings doings things together and making decisions.Llewellyn's version of legal realism was heavily influenced by Pound and Holmes. The distinction between ""law in books"" and ""law in action"" is an acknowledgement of the gap that exists between law as embodied in criminal, civil, and administrative code books, and law. A fully formed legal realism insists on studying the behavior of legal practitioners, including their practices, habits, and techniques of action as well as decision-making about others. This classic studyis a foremosthistorical work on legal theory, and is essential for understanding the roots of this influential perspective.
Download or read book The Common Law Tradition written by Karl N. Llewellyn and published by Quid Pro Books. This book was released on 2016-05-21 with total page 554 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Normative Jurisprudence written by Robin West and published by Cambridge University Press. This book was released on 2011-08-22 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: Normative Jurisprudence aims to reinvigorate normative legal scholarship that both criticizes positive law and suggests reforms for it, on the basis of stated moral values and legalistic ideals. It looks sequentially and in detail at the three major traditions in jurisprudence – natural law, legal positivism and critical legal studies – that have in the past provided philosophical foundations for just such normative scholarship. Over the last fifty years or so, all of these traditions, although for different reasons, have taken a number of different turns – toward empirical analysis, conceptual analysis or Foucaultian critique – and away from straightforward normative criticism. As a result, normative legal scholarship – scholarship that is aimed at criticism and reform – is now lacking a foundation in jurisprudential thought. The book criticizes those developments and suggests a return, albeit with different and in many ways larger challenges, to this traditional understanding of the purpose of legal scholarship.
Download or read book The Cambridge Companion to Legal Positivism written by Torben Spaak and published by Cambridge University Press. This book was released on 2021-02-04 with total page 807 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book brings together 33 state-of-the-art chapters on the import and the pros and cons of legal positivism.
Download or read book The New Legal Realism Volume 1 written by Elizabeth Mertz and published by Cambridge University Press. This book was released on 2016-05-03 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first of two volumes announcing the emergence of the new legal realism as a field of study. At a time when the legal academy is turning to social science for new approaches, these volumes chart a new course for interdisciplinary research by synthesizing law on the ground, empirical research, and theory. Volume 1 lays the groundwork for this novel and comprehensive approach with an innovative mix of theoretical, historical, pedagogical, and empirical perspectives. Their empirical work covers such wide-ranging topics as the financial crisis, intellectual property battles, the legal disenfranchisement of African-American landowners, and gender and racial prejudice on law school faculties. The methodological blueprint offered here will be essential for anyone interested in the future of law-and-society.
Download or read book Reconstructing American Legal Realism Rethinking Private Law Theory written by Hanoch Dagan and published by Oxford University Press, USA. 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 Jurisprudence of international law written by Nikolaos Tsagourias and published by Manchester University Press. This book was released on 2022-12-20 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now available as an eBook for the first time, this 2000 book from the Melland Schill series looks at the humanitarian intervention at the centre of legal, political and ethical discourse as the ‘century of violence’ ended. Increasing recourse to such a doctrine was occasioning widespread reflection on the big questions of how and why states behave, whether there is a meaningful concept of an international community, how fundamental values are determined and how they relate to each other. Jurisprudence of international law poses challenges to thinking and argumentation, and proposes a redescription of humanitarian intervention. The book presents and evaluates the bearing of legal theories - natural law, positivism, realism and critical theory - on humanitarian intervention and how the legal framework, in particular Articles 2(4) and 51 of the United Nations Charter, is moulded by theoretical arguments and influences state practice. Tsagourias develops a discursive model where the value of human dignity is attained through dialogue, reflection, and projection embedded in a sense of responsibility and human solidarity. The book revisits humanitarian intervention from the perspective of human dignity by re-combining theory, doctrine and practice within a discursive process. This book is written for theorists and practitioners of both international law and international relations.
Download or read book Beyond the Formalist Realist Divide written by Brian Z. Tamanaha and published by Princeton University Press. This book was released on 2009-10-26 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: According to conventional wisdom in American legal culture, the 1870s to 1920s was the age of legal formalism, when judges believed that the law was autonomous and logically ordered, and that they mechanically deduced right answers in cases. In the 1920s and 1930s, the story continues, the legal realists discredited this view by demonstrating that the law is marked by gaps and contradictions, arguing that judges construct legal justifications to support desired outcomes. This often-repeated historical account is virtually taken for granted today, and continues to shape understandings about judging. In this groundbreaking book, esteemed legal theorist Brian Tamanaha thoroughly debunks the formalist-realist divide. Drawing from extensive research into the writings of judges and scholars, Tamanaha shows how, over the past century and a half, jurists have regularly expressed a balanced view of judging that acknowledges the limitations of law and of judges, yet recognizes that judges can and do render rule-bound decisions. He reveals how the story about the formalist age was an invention of politically motivated critics of the courts, and how it has led to significant misunderstandings about legal realism. Beyond the Formalist-Realist Divide traces how this false tale has distorted studies of judging by political scientists and debates among legal theorists. Recovering a balanced realism about judging, this book fundamentally rewrites legal history and offers a fresh perspective for theorists, judges, and practitioners of law.
Download or read book Philosophy of Law A Very Short Introduction written by Raymond Wacks and published by OUP Oxford. This book was released on 2014-02-27 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of law lies at the heart of our social and political life. Legal philosophy, or jurisprudence, explores the notion of law and its role in society, illuminating its meaning and its relation to the universal questions of justice, rights, and morality. In this Very Short Introduction Raymond Wacks analyses the nature and purpose of the legal system, and the practice by courts, lawyers, and judges. Wacks reveals the intriguing and challenging nature of legal philosophy with clarity and enthusiasm, providing an enlightening guide to the central questions of legal theory. In this revised edition Wacks makes a number of updates including new material on legal realism, changes to the approach to the analysis of law and legal theory, and updates to historical and anthropological jurisprudence. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
Download or read book Classic Writings in Law and Society written by A. Javier Trevino and published by Routledge. This book was released on 2017-07-05 with total page 586 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume consists of outstanding essays by contemporary scholars and specialists on classic writings in law and society. This second edition expands the previous volume by adding additional statements. Included are commentaries on Edward A. Ross's Social Control: A Survey of the Foundations of Order, Karl N. Llewellyn's Jurisprudence: Realism in Theory and Practice, Jerome Frank's Law and the Modern Mind, Leon Petrazycki's Law and Morality, and Karl Renner's The Institutions of Private Law and their Social Functions.The goal of Classic Writings in Law and Society is to acquaint a new generation of students with classic writings by diverse social and legal scholars?ranging from Henry Sumner Maine, Oliver Wendell Holmes, Jr., and Hans Kelsen to Eugen Ehrlich, Nicholas S. Timasheff, and Richard Quinney. This work continues to demonstrate their contemporary theoretical relevance. Accordingly, each chapter speaks of the scholars' work in general, how the particular book under consideration fits into that corpus, and how the book is assessed in a present day context. These essays have a clear relation to the "classic" tradition in sociolegal thought.Reading the classics is useful in gaining a better understanding and appreciation of the essential foundation for a post-classic approach in law and social inquiry?an approach that can be found in such orientations as critical legal studies, chaos theory in law, and legal semiotics. Classic Writings in Law and Society includes commentaries that consider early writings that set the standard for the social scientific approach in examining issues of law and punishment, social control, joint stock companies, business firms and nation-states in the study of law and society.
Download or read book Understanding Jurisprudence written by Raymond Wacks and published by Oxford University Press, USA. This book was released on 2005 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Understanding Jurisprudence explores the concept of law and its role within society. Detailing both the traditional and modern jurisprudential theories Raymond Wacks clearly relates these often complex arguments to the nature and purpose of our current legal systems. This book reveals the intriguing and challenging nature of jurisprudence with clarity and enthusiasm. Without avoiding the complexities and subtleties of the subject, the author provides an illuminating guide to the central questions of legal theory. An experienced teacher of jurisprudence and distinguished writer in the field, his approach is stimulating, accessible, and entertaining.
Download or read book Legal Education written by Mr Edward Phillips and published by Ashgate Publishing, Ltd.. This book was released on 2014-12-28 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: The importance of simulation in education, specifically in legal subjects, is here discussed and explored within this innovative collection. Demonstrating how simulation can be constructed and developed for learning, teaching and assessment, the text argues that simulation is a pedagogically valuable and practical tool in teaching the modern law curriculum. With contributions from law teachers within the UK, Australia, Hong Kong, South Africa and the USA, the authors draw on their experiences in teaching law in the areas of clinical legal education, legal process, evidence, criminal law, family law and employment law as well as teaching law to non-law students. They claim that simulation, as a form of experiential and problem-based learning, enables students to integrate the ‘classroom’ experience with the real world experiences they will encounter in their professional lives. This book will be of relevance not only to law teachers but university teachers generally, as well as those interested in legal education and the theory of law.
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.
