Download or read book Law and Legal Theory written by Thom Brooks and published by BRILL. This book was released on 2013-11-07 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the relation between law and democracy and how might it be improved? What values should inform the body of laws that govern us all? How should we determine crimes from non-crimes? What justifies state punishment, if anything? Law and Legal Theory brings together some of the most important essays in the area of the philosophy of law written by leading, international scholars and offering significant contributions to how we understand law and legal theory to help shape future debates. Contributors include Christopher Bennett, Samantha Besson, Thom Brooks, Brian Butler, Sean Coyle, Rowan Cruft, Leonard Kahn, Richard Lippke, Andrew March, Matt Matravers, Adina Preda, Maria Cristina Redondo, Hanoch Sheinman and Leo Zaibert.
Download or read book Justice and Injustice in Law and Legal Theory written by Austin Sarat and published by . This book was released on 1996 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the relationship between law and justice
Download or read book Research Handbook on Private Law Theory written by Hanoch Dagan and published by Edward Elgar Publishing. This book was released on 2020-12-25 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Research Handbook provides an unparalleled overview of contemporary private law theory. Featuring original contributions by leading experts in the field, its extensive examinations of the core areas of contracts, property and torts are complemented by an exploration of a breadth of topics that cross the divide between private and public law, including labor law and corporate law.
Download or read book A Companion to Philosophy of Law and Legal Theory written by Dennis Patterson and published by John Wiley & Sons. This book was released on 2010-01-15 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt: The articles in this new edition of A Companion to Philosophy ofLaw and Legal Theory have been updated throughout, and theaddition of ten new articles ensures that the volume continues tooffer the most up-to-date coverage of current thinking inlegal philosophy. Represents the definitive handbook of philosophy of law andcontemporary legal theory, invaluable to anyone with an interest inlegal philosophy Now features ten entirely new articles, covering the areas ofrisk, regulatory theory, methodology, overcriminalization,intention, coercion, unjust enrichment, the rule of law, law andsociety, and Kantian legal philosophy Essays are written by an international team of leadingscholars
Download or read book International Investment Law and Legal Theory written by Jörg Kammerhofer and published by Cambridge University Press. This book was released on 2021-05-06 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: A theoretical analysis of the structure of expropriation in investment law, investigating the foundations for contemporary scholarship and practice.
Download or read book Natural Law in Court written by R. H. Helmholz and published by Harvard University Press. This book was released on 2015-06-08 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: The theory of natural law grounds human laws in the universal truths of God’s creation. Until very recently, lawyers in the Western tradition studied natural law as part of their training, and the task of the judicial system was to put its tenets into concrete form, building an edifice of positive law on natural law’s foundations. Although much has been written about natural law in theory, surprisingly little has been said about how it has shaped legal practice. Natural Law in Court asks how lawyers and judges made and interpreted natural law arguments in England, Europe, and the United States, from the beginning of the sixteenth century to the American Civil War. R. H. Helmholz sees a remarkable consistency in how English, Continental, and early American jurisprudence understood and applied natural law in cases ranging from family law and inheritance to criminal and commercial law. Despite differences in their judicial systems, natural law was treated across the board as the source of positive law, not its rival. The idea that no person should be condemned without a day in court, or that penalties should be proportional to the crime committed, or that self-preservation confers the right to protect oneself against attacks are valuable legal rules that originate in natural law. From a historical perspective, Helmholz concludes, natural law has advanced the cause of justice.
Download or read book Legal Theory written by T. Ian McLeod and published by . This book was released on 2010 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: Assuming no prior knowledge of philosophy, Legal Theory examines the relationship between law and morality, and places particular emphasis on matters of contemporary debate, such as assisted suicide and animal rights. --Book Jacket.
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 Legal Reasoning and Legal Theory written by Neil MacCormick and published by Clarendon Press. This book was released on 1994-08-11 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: What makes an argument in a law case good or bad? Can legal decisions be justified by purely rational argument or are they ultimately determined by more subjective influences? These questions are central to the study of jurisprudence, and are thoroughly and critically examined in Legal Reasoning and Legal Theory, now with a new and up-to-date foreword. Its clarity of explanation and argument make this classic legal text readily accessible to lawyers, philosophers, and any general reader interested in legal processes, human reasoning, or practical logic.
Download or read book Liberal Legality written by Lewis D. Sargentich and published by Cambridge University Press. This book was released on 2018-04-19 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: In his new book, Lewis D. Sargentich shows how two different kinds of legal argument - rule-based reasoning and reasoning based on principles and policies - share a surprising kinship and serve the same aspiration. He starts with the study of the rule of law in life, a condition of law that serves liberty - here called liberal legality. In pursuit of liberal legality, courts work to uphold people's legal entitlements and to confer evenhanded legal justice. Judges try to achieve the control of reason in law, which is manifest in law's coherence, and to avoid forms of arbitrariness, such as personal moral judgment. Sargentich offers a unified theory of the diverse ways of doing law, and shows that they all arise from the same root, which is a commitment to liberal legality.
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 Introduction to Jurisprudence and Legal Theory written by Anne Barron and published by . This book was released on 2002-08-13 with total page 1234 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text lays out a course of study combining the traditional subject matter of jurisprudence with a series of introductions to a variety of other theoretical perspectives. It is designed for those taking jurisprudence/legal theory courses, and political science, philosophy and sociology students.
Download or read book Republican Legal Theory written by M. Sellers and published by Springer. This book was released on 2003-09-07 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: Republican legal theory developed out of the jurisprudential and constitutional legacy of the Roman res publica as interpreted over two millennia in Europe and North America. In this book - the most comprehensive study of republican legal ideas to date - Professor Sellers traces the development of republican legal theory. Explaining the importance of popular sovereignty, the rule of law, the separation of powers and other essential republican legal characteristics, he argues that these republican institutions have introduced a new era of justice into politics.
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.
Download or read book Introduction to Critical Legal Theory written by Ian Ward and published by Psychology Press. This book was released on 2004 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: The publishers have provided no further information on this title.
Download or read book Knowing What the Law Is written by Alexander Somek and published by Bloomsbury Publishing. This book was released on 2021-08-26 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a selective and somewhat cheeky account of prominent positions in legal theory, such as American legal realism, modern legal positivism, sociological systems theory, institutionalism and critical legal studies. It presents a relational approach to law and a new perspective on legal sources. The book explores topics of legal theory in a playful manner. It is written and composed in a way that refutes the widespread prejudice that legal theory is a dreary subject, with a cast of characters that occasionally interact in order to illustrate the claims of the book. Legal experts claim to know what the law is. Legal theory-or jurisprudence-explores whether such claims are warranted. The discipline first emerged at the turn of the 20th century, when the self-confidence of both legal scholarship and judicial craftsmanship became severely shattered, but the crisis continues to this day.
Download or read book Legal Theory written by Wolfgang Friedmann and published by . This book was released on 1970 with total page 22 pages. Available in PDF, EPUB and Kindle. Book excerpt:
