Download or read book Transcending Jurisprudence written by S. G. Sreejith and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Natural Law Jurisprudence in U S Supreme Court Cases since Roe v Wade written by Charles P. Nemeth and published by Anthem Press. This book was released on 2020-02-20 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since America’s founding, natural law principles play a critical role in the development of rights and human dignity. Commencing with the notion that rights are derived from a higher, metaphysical power over mere promulgation and human legislation, the natural law advocate sees law and human rights in the context of a more perpetual and perennial philosophy. Coupled with this is the view that natural law provides a series of undeniable precepts for human operations or a natural prescription for human life based on the natural order. Hence early court cases tend to emphasize the “natural” versus the unnatural and just as compellingly argue that the natural order, aligned with the eternal law, delivers a measure for human action. Earlier US Supreme Court cases often use this sort of language in granting or denying rights in certain human activity. As a result, a survey of some of the most significant landmark cases from the Supreme Court are assessed in Natural Law Jurisprudence in U.S. Supreme Court Cases since “Roe v. Wade” and, by implication, those cases which seem to disregard these fundamental principles, such as the slavery decisions, are highlighted.
Download or read book The Odyssey of the Western Legal Tradition written by Jonathan D. Suss and published by . This book was released on 2006 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Beyond Transcendence in Law and Philosophy written by Louis E. Wolcher and published by Psychology Press. This book was released on 2005 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the law of the law? What produces our craven subservience to linguistic norms, and our shocking indifference to the phenomenon of universal suffering? In a path-breaking new work of philosophy, Louis Wolcher seeks to answer these questions from the standpoint of Zen Buddhism. Bringing an Eastern sensibility into contact with three of the most important themes in Western philosophy, Beyond Transcendence in Law and Philosophy meticulously investigates three of the twentieth century's most important philosophers: Martin Heidegger - on being, Emmanuel Levinas - on ethics, and Ludwig Wittgenstein - on language. In the context of the larger Western obsession with transcending the ordinary, Louis Wolcher argues that the yearning for transcendence is born of the illusion that there is a fundamental difference between the ordinary and the profound. Employing Zen koans and stories to advance a 'deflationary' view of language and knowledge, he goes on to argue that the norms of transcendence to which we cling are not eternal truths but artefacts of desperate minds adrift on a sea of impermanence. What used to seem so majestically True, Right and Just thus shows itself to be utterly mundane: as merely true, right and just. What is left, however, is not nihilism - for clinging to a view of 'nothingness' is just as deluded as clinging to a view of 'somethingness' - but rather a new beginning of compassionate concern for the suffering of others. Beyond Transcendence in Law and Philosophy is a strikingly original synthesis of Eastern and Western thought. It will enlighten philosophers and legal theorists, as well as those who are interested in or open to the insights of Zen Buddhism.
Download or read book The Inner Experience of Law written by David Granfield and published by . This book was released on 1988 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Law and Transcendence written by V. Lloyd and published by Springer. This book was released on 2008-11-27 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and Transcendence examines and develops the philosophy of British Philosopher Gillian Rose. By putting Rose's thought into critical dialogue with contemporary philosophers and religious thinkers, the author demonstrates the continuing importance of her work and the importance of critical engagement between philosophy and religious thought .
Download or read book Lectures on Jurisprudence Or the Philosophy of Positive Law written by John Austin and published by . This book was released on 1911 with total page 14 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Legacy of John Austin s Jurisprudence written by Michael Freeman and published by Springer. This book was released on 2014-10-15 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first ever collected volume on John Austin, whose role in the founding of analytical jurisprudence is unquestionable. After 150 years, time has come to assess his legacy. The book fills a void in existing literature, by letting top scholars with diverse outlooks flesh out and discuss Austin’s legacy today. A nuanced, vibrant, and richly diverse picture of both his legal and ethical theories emerges, making a case for a renewal of interest in his work. The book applies multiple perspectives, reflecting Austin’s various interests – stretching from moral theory to theory of law and state, from Roman Law to Constitutional Law – and it offers a comparative outlook on Austin and his legacy in the light of the contemporary debate and major movements within legal theory. It sheds new light on some central issues of practical reasoning: the relation between law and morals, the nature of legal systems, the function of effectiveness, the value-free character of legal theory, the connection between normative and factual inquiries in the law, the role of power, the character of obedience and the notion of duty.
Download or read book Principles of Law written by Friedrich Julius Stahl and published by WordBridge Publishing. This book was released on 2024-06-05 with total page 145 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Christian difference to the legal order is not to be found in any religious test or requirement of conformity, but in the Christian character of legal institutions. Stahl accomplishes this by making institutions rather than actions the cornerstone of law. Law is a general rule, not a specific command; and institutions, not persons, are its primary object. Persons operate within the framework established by law, but that law is an external, objective framework, not an internal, subjective one. The right of the person and the rights of persons are established and defended precisely by this objectively Christian order. Therefore, what is Christian about this legal order is the principles, the law-ideas, upon which it is based, not the level of faith of those living within it. This Christian orientation also demands a respect for the inheritance of the nation, conservation of its received institutions and laws. Law is rooted in custom and tradition, supplemented through legislation. The courts are bound to the law as the expression of the historical people, not ephemeral public opinion. The major error of modern legal philosophy is its natural-rights orientation, which makes law and the state into the creatures of individual choice, in which individuals through a social contract choose to leave the “state of nature” and form a government and a set of laws under which to be ruled. This whole approach is oblivious to the fact that human social order, being an inheritance, is a higher order transcending individual choice. Modern legal philosophy compounds its error by making natural law into a directly applicable legal standard, or alternatively by abandoning the law to the play of interests, cutting off any influence from higher principles. For its part, natural law lacks objectivity, universal recognition, and publicity in the sense that it can be known by everyone ahead of time; it therefore cannot be enforced by the state. In fact, to do so is to establish opinion and thus injustice as law. God's divine order is the archetype of law, but it is not directly applicable as law. In fact, God commands that the law as it stands is to be obeyed, regardless of its correspondence to the higher principles of law. Human freedom under God is the freedom to crystallize and make concrete those God-revealed principles of law as a positive legal order. In this second edition of Principles of Law, there is no difference in content as compared with the first, but the text has been corrected where necessary and improved where appropriate.
Download or read book Lectures on Jurisprudence Or the Philosophy of Positive Law written by John Langshaw Austin and published by . This book was released on 1909 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Jurisprudence and Persuasion written by Ralph Steinhardt and published by West Academic Publishing. This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book offers a case based approach to arguments about the nature of law and persuasion. Its unifying insight is that every decided case has a theory or philosophy within it (whether acknowledged or not) and that there is professional value in developing the skill to discern, articulate, and analyze it. Offering a flexible platform for either an introduction to law and legal reasoning or an in-depth course in jurisprudence and advocacy, the book works first through decided cases and then offers context and depth through the writings of jurists and philosophers. Major themes in the cultural and intellectual history of the law are made accessible and always with a sense of what practical difference they make. Part I enables students to use case analysis to connect with some of the traditional and contemporary schools of jurisprudence across the ideological spectrum (e.g., natural law, positivism, legal realism, law and economics, feminist legal theory, and critical race theory). Part II, in a modern riff on what prior generations of lawyers would have called (without irony or deprecation) 'rhetoric,' analyzes certain identifiable and recurring types of legal arguments, including reasoning by default (e.g., fictions, presumptions, and burdens), recurring fallacies (e.g., begging the question, arguments ad hominem, asserting the consequent), and the nested problems of interpreting statutes and the common law. Understood as the art of argument, it is exactly what lawyers do. Honing it and keeping it respectable is in every law professor's job description. Part III applies the skills and insights from the rest of the book by applying them in a particular setting, focused on the question whether international law is really 'law' and what turns on that designation"--Publisher's website.
Download or read book The Jurisprudence of the Living Oracles written by Tunji Braithwaite and published by Trafford on Demand Pub. This book was released on 2011-01 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt: The causes of domestic, national and international turmoil are wide and varied, but law plays an important role in resolving these conflicts. The role that jurisprudence plays in various societies is often misunderstood. Author Tunji Braithwaite, a longtime lawyer who has spent much of his career in Nigeria, demonstrates how theological laws, astronomy, and astrology affect secular laws. He also explains the differences between justice and law and examines the development of various legal doctrines. The Jurisprudence of the Living Oracles explores many concepts, including * the higher law that governs human society, regardless of boundaries; * the Everlasting Oracle, which judges everything and everybody; * methods by which justice may be achieved in a world regulated by laws; * the flexibility and inflexibility of the law of God; * the sources of God's laws; A useful guide for judges and legal practitioners alike, this scholarly examination also aims to generate discussions among scientists and members of various religions. Join Dr. Braithwaite as he connects religion with law and justice and seeks to help everyone avoid unpardonable errors through The Jurisprudence of the Living Oracles.
Download or read book Islamic Law and Governance in Contemporary Iran written by Mehran Tamadonfar and published by Lexington Books. This book was released on 2015-05-20 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: The current rise of Islamism throughout the Muslim world, Islamists’ demand for the establishment of Islamic states, and their destabilizing impact on regional and global orders have raised important questions about the origins of Islamism and the nature of an Islamic state. Beginning with the Iranian revolution of the late 1970s and the establishment of the Islamic Republic to today’s rise of ISIS to prominence, it has become increasingly apparent that Islamism is a major global force in the twenty-first century that demands acknowledgment and answers. As a highly-integrated belief system, the Islamic worldview rejects secularism and accounts for a prominent role for religion in the politics and laws of Muslim societies. Islam is primarily a legal framework that covers all aspects of Muslims’ individual and communal lives. In this sense, the Islamic state is a logical instrument for managing Muslim societies. Even moderate Muslims who genuinely, but not necessarily vociferously, challenge the extremists’ strategies are not dismissive of the political role of Islam and the viability of an Islamic state. However, sectarian and scholastic schisms within Islam that date back to the prophet’s demise do undermine any possibility of consensus about the legal, institutional, and policy parameters of the Islamic state. Within its Shi’a sectarian limitations, this book attempts to offer some answers to questions about the nature of the Islamic state. Nearly four decades of experience with the Islamic Republic of Iran offers us some insights into such a state’s accomplishments, potentials, and challenges. While the Islamic worldview offers a general framework for governance, this framework is in dire need of modification to be applicable to modern societies. As Iranians have learned, in the realm of practical politics, transcending the restrictive precepts of Islam is the most viable strategy for building a functional Islamic state. Indeed, Islam does provide both doctrinal and practical instruments for transcending these restrictions. This pursuit of pragmatism could potentially offer impressive strategies for governance as long as sectarian, scholastic, and autocratic proclivities of authorities do not derail the rights of the public and their demand for an orderly management of their societies.
Download or read book The New Jurisprudence written by Edward Jenks and published by . This book was released on 1933 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Jurisprudence from the Greeks to Post Modernity written by Wayne Morrison and published by Routledge. This book was released on 1997-04-01 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Transcending the Boundaries of Law written by Martha Albertson Fineman and published by Routledge. This book was released on 2010-07-12 with total page 548 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transcending the Boundaries of Law is a ground-breaking collection that will be central to future developments in feminist and related critical theories about law. In its pages three generations of feminist legal theorists engage with what have become key feminist themes, including equality, embodiment, identity, intimacy, and law and politics. Almost two decades ago Routledge published the very first anthology in feminist legal theory, At the Boundaries of Law (M.A. Fineman and N. Thomadsen, eds. 1991), which marked an important conceptual move away from the study of "women in law" prevalent in the 1970s and 1980s. The scholars in At the Boundaries applied feminist methods and theories in examining law and legal institutions, thus expanding upon work in the Law and Society tradition. This new anthology brings together some of the original contributors to that volume with scholars from subsequent generations of critical gender theorists. It provides a "retrospective" on the past twenty-five years of scholarly engagement with issues relating to gender and law, as well as suggesting directions for future inquiry, including the tantalizing suggestion that feminist legal theory should move beyond gender as its primary focus to consider the theoretical, political, and social implications of the universally shared and constant vulnerability inherent in the human condition.
Download or read book Overcoming Law written by Richard A. Posner and published by . This book was released on 1997 with total page 597 pages. Available in PDF, EPUB and Kindle. Book excerpt:
