Download or read book Legal Realism Regained written by Wouter de Been and published by . This book was released on 2008 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal Realism Revisited presents a comparison between two schools of American Legal theory - American Legal Realism and Critical Legal Studies - and argues that Legal Realism still holds the most promise for understanding and reforming law.
Download or read book Legal Realism and Justice written by Edwin Norman Garlan and published by . This book was released on 1975 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Legal Realism at Yale 1927 1960 written by Laura Kalman and published by UNC Press Books. This book was released on 2016-08-01 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: For more than one hundred years, Harvard's use of the case method of appellate opinions dominated legal education. Deploring the attempt to reduce law to an autonomous system of rules and principles, the realists at Yale developed a functional approach to the discipline--one that stressed the factual context of the case rather than the legal principles it raised, one that attempted to address issues of social policy by integrating law with the social sciences. Originally published 1986. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
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 535 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 Legal Realism and Justice written by Edwin N. Garlan and published by . This book was released on 1981 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Legal Realism and American Law written by Justin Zaremby and published by . This book was released on 2014 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In the first part of the 20th century, a new movement originating from the law schools of Yale and Columbia University offered interesting, if not disconcerting, views on the role of judges and the nature of the law in America. Called legal realism, it developed new methods and questions to describe how judges and the law function. To investigate the nature of legal reasoning, legal realists looked at the origins, developments, and interpretations of the law, seeking to understand what the law is, who makes it, and its purpose. They argued that adjudications are a subjective system based more on the political, social, and moral inclinations of Federal and State judges than on dogma. Today, this is apparent in debates surrounding rulings, appointments, and judicial activism. This thorough analysis discusses the context in which legal realism developed along with the work of key figures and helps situate today's complex judicial politics in America. It will be of great interest to any student researching judicial politics and American constitutional development"--
Download or read book International Legal Theory written by Jeffrey L. Dunoff and published by Cambridge University Press. This book was released on 2022-08-04 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past decades international affairs have been increasingly legalized. International law has dramatically expanded into new fields and taken on new challenges. Despite this development, there has been little in-depth scholarship on what impact these changes have had on the field of international legal theory, how it is taught, and where it is going. This volume investigates the major developments in the field and explores the core assumptions and concepts, analytical tools, and key challenges associated with different approaches. An outstanding team of legal academics provides an accessible overview of competing theoretical movements, and a more in-depth understanding of the strengths, preoccupations, insights, and limits of those schools of thought. The contributions provide an authoritative account of current thinking about the theoretical foundations of contemporary international law and will serve as an indispensable resource for students, scholars, and practitioners.
Download or read book Sport Realism written by Aaron Harper and published by Rowman & Littlefield. This book was released on 2022-07-26 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Sport Realism: A Law-Inspired Theory of Sport, Aaron Harper defends a new theory of sport—sport realism—to show how rules, traditions, and officiating decisions define the way sport is played. He argues that sport realism, broadly inspired by elements of legal realism, best explains how players, coaches, officials, and fans participate in sport. It accepts that decisions in sport will derive from a variety of reasons and influences, which are taken into account by participants who aim to predict how officials will make future rulings. Harper extends this theoretical work to normative topics, applying sport realist analysis to numerous philosophical debates and ethical dilemmas in sport. Later chapters include investigations into rules disputes, strategic fouls, replay, and makeup calls, as well as the issue of cheating in sport. The numerous examples and case studies throughout the book provide a wide-ranging and illuminating study of sport, ranging from professional sports to pick-up games.
Download or read book Natural Law and Thomistic Juridical Realism written by Petar Popovic and published by CUA Press. This book was released on 2022-02-04 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book proposes a rather novel legal-philosophical approach to understanding the intersection between law and morality. It does so by analyzing the conditions for the existence of a juridical domain of natural law from the perspective of the tradition of Thomistic juridical realism. In order to highlight the need to reconnect with this tradition in the context of contemporary legal philosophy, the book presents various other recent jurisprudential positions regarding the overlap between law and morality. While most authors either exclude a conceptual necessity for the inclusion of moral principles in the nature of law or refer to the purely moral status of natural law at the foundations of the legal phenomenon, the book seeks to elucidate the essential properties of the juridical status of natural law. In order to establish the juridicity of natural law, the book explores the relevant arguments of Thomas Aquinas and some of his main commentators on this issue, above all Michel Villey and Javier Hervada. It establishes that Thomistic juridical realism observes the juridical phenomenon not only from the perspective of legal norms or subjective individual rights, but also from the perspective of the primary meaning of the concept of right (ius), namely, the just thing itself as the object of justice. In this perspective, natural rights already possess a fully juridical status and can be described as natural juridical goods. In addition, from the viewpoint of Thomistic juridical realism, we can identify certain natural norms or principles of justice as the juridical title of these rights or goods. The book includes an assessment of the prospective points of dialogue with the other trends in Thomistic legal philosophy as well as with various accounts of the nature of law in contemporary legal theory.
Download or read book On Law and Justice written by Alf Ross and published by The Lawbook Exchange, Ltd.. This book was released on 2004 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ross, Alf. On Law and Justice. Berkeley: University of California Press, 1959. xi, 383 pp. Reprint available December 2004 by the Lawbook Exchange, Ltd. ISBN 1-58477-488-6. Cloth. $90. * In this influential and oft-cited study Ross discounted the theories of natural law, positivism and legal realism. In their stead, he proposed the abandonment of "ought-propositions" for the "is-propositions" employed by other empirical sciences, thereby envisioning lawyers that serve merely as "rational technologists." Less bound by tradition, and traditional notions of justice, jurisprudence then becomes "not only a beautiful mental activity per se, but also an instrument which may benefit any lawyer who wants to understand what he is doing and why" (Preface).
Download or read book American Legal Realism and Empirical Social Science written by John Henry Schlegel and published by Univ of North Carolina Press. This book was released on 2000-11-09 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: John Henry Schlegel recovers a largely ignored aspect of American Legal Realism, a movement in legal thought in the 1920s and 1930s that sought to bring the modern notion of empirical science into the study and teaching of law. In this book, he explores individual Realist scholars' efforts to challenge the received notion that the study of law was primarily a matter of learning rules and how to manipulate them. He argues that empirical research was integral to Legal Realism, and he explores why this kind of research did not, finally, become a part of American law school curricula. Schlegel reviews the work of several prominent Realists but concentrates on the writings of Walter Wheeler Cook, Underhill Moore, and Charles E. Clark. He reveals how their interest in empirical research was a product of their personal and professional circumstances and demonstrates the influence of John Dewey's ideas on the expression of that interest. According to Schlegel, competing understandings of the role of empirical inquiry contributed to the slow decline of this kind of research by professors of law. Originally published in 1995. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
Download or read book Law Truth and Reason written by Raimo Siltala and published by Springer Science & Business Media. This book was released on 2011-07-29 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an innovative contribution to analytical jurisprudence. It is mainly based on the distinct premises of linguistic philosophy and Carnapian semantics, but also addresses the issues of institutional philosophy, social pragmatism, and legal principles as envisioned by Dworkin, among others. Wróblewski ́s three ideologies (bound/free/legal and rational) and Makkonen ́s three situations (isomorphic/semantically vague/normative gap) of judicial decision-making are further developed by means of 10 frames of legal analysis as discerned by the author. With the philosophical theories of truth serving as a reference, the frames of legal analysis include the isomorphic theory of law (Wittgenstein, Makkonen), the coherence theory of law (Alexy, Peczenik, Dworkin), the new rhetoric and legal argumentation theory (Perelman, Aarnio), social consequentialism (Posner), natural law theory (Fuller, Finnis), and the sequential model of legal reasoning by Neil MacCormick and the Bielefelder Kreis. At the end, some key issues of legal metaphysics are addressed, like the notion of legal systematics and the future potential of the analytical approach in jurisprudence.
Download or read book A Book about Books written by E.H. Bernstein and published by Page Publishing Inc. This book was released on 2020-11-09 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Book about Books discusses what nonfiction books and subjects the author believes are important to know about. This book is volume I of III. Only the first volume is available at this time. The second volume is forthcoming and will be available in 2020. E.H. Bernstein is a former librarian turned author. The subtitle of the book describes the author’s objective: “A handbook in 3 parts to a choice of essential books, writers and subjects in order to understand the world we live in, about ‘big questions’ and possible answers, about books and writers that may improve people’s lives, about neglected writers, and other books and subjects.” A Book about Books attempts to share what the author has learned from nearly 50 years of nonfiction reading and to provide the reader with samples of the most important authors and subjects from that reading. While the book is based on research, it is intended to be a handbook or guide by trying to make that research understandable to the general reader and to students, and for teachers--by pointing to what the author believes is missing from today’s education. Note about how the volumes are related: each chapter is on a separate subject. So the chapters can be read individually, but the full message requires reading all the volumes. Volume I is important, but preliminary to the more important Volumes II and III. A future website, bookaboutbooks.com. is planned for later in 2019 and will include additional material not in the books. Note also that the book is not just about books, since other sources are also mentioned. This book tries to point to problems in how we live and to see if books have any answers. A contemporary writer once said that one of the purposes of writing is that books should be useful. I hope that my book will be of use.
Download or read book Jurisprudence written by Karl Llewellyn and published by Routledge. This book was released on 2017-09-04 with total page 549 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 A Companion to American Legal History written by Sally E. Hadden and published by John Wiley & Sons. This book was released on 2013-02-22 with total page 598 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Companion to American Legal History presents a compilation of the most recent writings from leading scholars on American legal history from the colonial era through the late twentieth century. Presents up-to-date research describing the key debates in American legal history Reflects the current state of American legal history research and points readers in the direction of future research Represents an ideal companion for graduate and law students seeking an introduction to the field, the key questions, and future research ideas
Download or read book Realism Regained written by Robert C. Koons and published by Oxford University Press. This book was released on 2000-11-16 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this wide-ranging philosophical work, Koons takes on two powerful dogmas--anti-realism and materialism. In doing so, Koons develops an elegant metaphysical system that accounts for such phenomena as information, mental representation, our knowledge of logic, mathematics and science, the structure of spacetime, the identity of physical objects, and the objectivity of values and moral norms.
Download or read book Beyond Federal Dogmatics written by Stef Feyen and published by Presses Universitaires de Louvain - UCL. This book was released on 2013 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Feyen rethinks the framework within which the connection between EU law and national constitutional law can be understood.
