El debate Pound-Llewellyn

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Publisher : U. Externado de Colombia
ISBN 13 : 9587729730
Total Pages : 12 pages
Book Rating : 4.5/5 (877 download)

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Book Synopsis El debate Pound-Llewellyn by : Roscoe Pound

Download or read book El debate Pound-Llewellyn written by Roscoe Pound and published by U. Externado de Colombia. This book was released on 2018-10-30 with total page 12 pages. Available in PDF, EPUB and Kindle. Book excerpt: A principios de la década de los años treinta surgió en Estados Unidos la corriente antiformalista del realismo jurídico, movimiento que construyó sus aportes a partir de una serie de críticas al formalismo que había surgido a ambos lados del Atlántico a finales del siglo XIX. Dentro de la corriente antiformalista, los realistas norteamericanos se erigieron como una nueva generación especialmente preocupada por la relación entre sociedad y derecho y por la forma como se construían las decisiones judiciales a partir de valoraciones de utilidad social y política pública. En este contexto se encargaron de desarrollar la intuición antiformalista frente a la indeterminación del derecho, según la cual resulta complejo predecir la decisión judicial a partir de normas jurídicas positivas, pues la labor de un juez también se encuentra determinada por consideraciones psicológicas o sociológicas que no son capturadas por las normas. La tesis fuerte de la indeterminación fue duramente resistida por otros antiformalistas estadounidenses que atacaron al realismo. Uno de estos ataques provino del prestigioso jurista y decano de la Escuela de Leyes de la Universidad de Harvard, Roscoe Pound. Este último, representante de la jurisprudencia sociológica, atacó el escepticismo de los realistas. Ello produjo una respuesta del representante más reputado del realismo jurídico, Karl Llewellyn, quien trató de resistir los ataques de Pound mostrando que los realistas de los años treinta eran herederos del antiformalismo de los viejos representantes de la jurisprudencia sociológica como lo era el propio Pound. No obstante la prudencia de Llewellyn, el debate marcó un quiebre general entre los "viejos" y los "nuevos" antiformalistas estadounidenses: los juristas sociológicos y los realistas.

Berkeley La Raza Law Journal

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Publisher :
ISBN 13 :
Total Pages : 388 pages
Book Rating : 4.:/5 (321 download)

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Book Synopsis Berkeley La Raza Law Journal by :

Download or read book Berkeley La Raza Law Journal written by and published by . This book was released on 2002 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Ideal Element in Law

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Publisher :
ISBN 13 : 9780865973251
Total Pages : 0 pages
Book Rating : 4.9/5 (732 download)

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Book Synopsis The Ideal Element in Law by : Roscoe Pound

Download or read book The Ideal Element in Law written by Roscoe Pound and published by . This book was released on 2002 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Roscoe Pound, former dean of Harvard Law School, delivered a series of lectures at the University of Calcutta in 1948. In these lectures, he criticized virtually every modern mode of interpreting the law because he believed the administration of justice had lost its grounding and recourse to enduring ideals. Now published in the U.S. for the first time, Pound's lectures are collected in Liberty Fund's The Ideal Element in Law, Pound's most important contribution to the relationship between law and liberty. The Ideal Element in Law was a radical book for its time and is just as meaningful today as when Pound's lectures were first delivered. Pound's view of the welfare state as a means of expanding government power over the individual speaks to the front-page issues of the new millennium as clearly as it did to America in the mid-twentieth century. Pound argues that the theme of justice grounded in enduring ideals is critical for America. He views American courts as relying on sociological theories, political ends, or other objectives, and in so doing, divorcing the practice of law from the rule of law and the rule of law from the enduring ideal of law itself. Roscoe Pound is universally recognized as one of the most important legal minds of the early twentieth century. Considered by many to be the dean of American jurisprudence, Pound was a former Justice of the Supreme Court of Nebraska and served as dean of Harvard Law School from 1916 to 1936. Please note: This title is available as an ebook for purchase on Amazon, Barnes and Noble, and iTunes.

The Law in Quest of Itself

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Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 1584770163
Total Pages : 190 pages
Book Rating : 4.5/5 (847 download)

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Book Synopsis The Law in Quest of Itself by : Lon L. Fuller

Download or read book The Law in Quest of Itself written by Lon L. Fuller and published by The Lawbook Exchange, Ltd.. This book was released on 1999 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fuller, Lon L. The Law in Quest of Itself. Boston: Beacon Press, 1966. [vi], 150 pp. Reprinted 1999 by The Lawbook Exchange, Ltd. LCCN 99-32863. ISBN-13: 978-1-58477-016-9. ISBN-10: 1-58477-016-3. Cloth. $60.* Three lectures by the Harvard Law School professor examine legal positivism and natural law. In the course of his analysis Fuller discusses Kelsen's theory as a reactionary theory, and Hobbes' theory of sovereignty. He defines legal positivism as the viewpoint that draws a distinction "between the law that is and the law that ought to be..." (p.5) and interprets natural law as that which tolerates a combination of the two. He looks at the effects of positivism's continued influence on American legal thinking and concludes that law as a principle of order is necessary in a democracy.

Roscoe Pound and Karl Llewellyn

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Publisher : University of Chicago Press
ISBN 13 : 9780226360430
Total Pages : 382 pages
Book Rating : 4.3/5 (64 download)

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Book Synopsis Roscoe Pound and Karl Llewellyn by : N. E. H. Hull

Download or read book Roscoe Pound and Karl Llewellyn written by N. E. H. Hull and published by University of Chicago Press. This book was released on 1997 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: American legal history is traditionally viewed as a succession of discrete schools of thought or landmark court decisions, not as the work of individuals. Such an approach, however, hardly does justice to the lives of two of the foremost teachers and theorists of American jurisprudence. In Roscoe Pound and Karl Llwellyn: Searcbing for an American Jurisprudence, N. E. H. Hull reconstructs the historical, cultural, and intellectual context of the work of Pound and Llewellyn, bringing to light their private and public relationship as well as the diverse sources - from psychology to plant ecology to Icelandic sagas - they separately drew upon in making their contributions to the American legal tradition.

The Morality of Law

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Publisher : Yale University Press
ISBN 13 : 0300004729
Total Pages : 272 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis The Morality of Law by : Lon Luvois Fuller

Download or read book The Morality of Law written by Lon Luvois Fuller and published by Yale University Press. This book was released on 1969 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Colliery Guardian, and Journal of the Coal and Iron Trades

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Publisher :
ISBN 13 :
Total Pages : 838 pages
Book Rating : 4.1/5 (2 download)

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Book Synopsis Colliery Guardian, and Journal of the Coal and Iron Trades by :

Download or read book Colliery Guardian, and Journal of the Coal and Iron Trades written by and published by . This book was released on 1922 with total page 838 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Godwin's Cabalistic Encyclopedia

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Publisher : Llewellyn Worldwide
ISBN 13 : 9781567183245
Total Pages : 844 pages
Book Rating : 4.1/5 (832 download)

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Book Synopsis Godwin's Cabalistic Encyclopedia by : David Godwin

Download or read book Godwin's Cabalistic Encyclopedia written by David Godwin and published by Llewellyn Worldwide. This book was released on 1994 with total page 844 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most trusted reference works ever published on the Cabala has been revised and expanded. Featuring a new and more usable format, this book is a complete guide to cabalistic magick and gematria in which every demon, angel, power and name of God ... every Sephirah, Path, and Plane of the Tree of Life ... and each attribute and association is fully described and cross-indexed by the Hebrew, English, and numerical forms. All entries are now incorporated into one comprehensive dictionary. There are hundreds of new entries and illustrations, making this book even more beneficial for Cabalistic pathworking and meditation. It now has many new Hebrew words and names, as well as the terms of Freemasonry, the entities of the Cthulhu mythos, and the Aurum Solis spellings for the names of the demons of the Goetia. It contains authentic Hebrew spellings, and a new introduction that explains the uses of the book for meditation on God names. The Cabalistic schema is native to the human psyche, and Godwin's Cabalistic Encyclopedia will be an invaluable reference tool for all Cabalists, magicians, scholars and scientists of all disciplines.

American Legal Realism and Empirical Social Science

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Publisher : Univ of North Carolina Press
ISBN 13 : 0807864366
Total Pages : 433 pages
Book Rating : 4.8/5 (78 download)

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Book Synopsis American Legal Realism and Empirical Social Science by : John Henry Schlegel

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.

The Cultivator & Country Gentleman

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Publisher :
ISBN 13 :
Total Pages : 1048 pages
Book Rating : 4.3/5 (117 download)

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Book Synopsis The Cultivator & Country Gentleman by :

Download or read book The Cultivator & Country Gentleman written by and published by . This book was released on 1890 with total page 1048 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Replies [afterw.] The Oracle

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Publisher :
ISBN 13 :
Total Pages : 856 pages
Book Rating : 4.R/5 (5 download)

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Book Synopsis Replies [afterw.] The Oracle by :

Download or read book Replies [afterw.] The Oracle written by and published by . This book was released on with total page 856 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Spectator

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Publisher :
ISBN 13 :
Total Pages : 844 pages
Book Rating : 4.U/5 (183 download)

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Book Synopsis The Spectator by :

Download or read book The Spectator written by and published by . This book was released on 1896 with total page 844 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Cambridge Companion to Legal Positivism

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Publisher : Cambridge University Press
ISBN 13 : 1108427677
Total Pages : 807 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis The Cambridge Companion to Legal Positivism by : Torben Spaak

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.

Thinking Like a Lawyer

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Publisher : Harvard University Press
ISBN 13 : 0674062485
Total Pages : 256 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Thinking Like a Lawyer by : Frederick Schauer

Download or read book Thinking Like a Lawyer written by Frederick Schauer and published by Harvard University Press. This book was released on 2012-04-02 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This primer on legal reasoning is aimed at law students and upper-level undergraduates. But it is also an original exposition of basic legal concepts that scholars and lawyers will find stimulating. It covers such topics as rules, precedent, authority, analogical reasoning, the common law, statutory interpretation, legal realism, judicial opinions, legal facts, and burden of proof.

Illustrated Times

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Publisher :
ISBN 13 :
Total Pages : 436 pages
Book Rating : 4.:/5 ( download)

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Book Synopsis Illustrated Times by :

Download or read book Illustrated Times written by and published by . This book was released on 1861 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt:

A Critique of Adjudication [fin de Sicle]

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Publisher : Harvard University Press
ISBN 13 : 9780674039520
Total Pages : 436 pages
Book Rating : 4.0/5 (395 download)

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Book Synopsis A Critique of Adjudication [fin de Sicle] by : Duncan Kennedy

Download or read book A Critique of Adjudication [fin de Sicle] written by Duncan Kennedy and published by Harvard University Press. This book was released on 2009-06-01 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: A major statement from one of the foremost legal theorists of our day, this book offers a penetrating look into the political nature of legal, and especially judicial, decision making. It is also the first sustained attempt to integrate the American approach to law, an uneasy balance of deep commitment and intense skepticism, with the Continental tradition in social theory, philosophy, and psychology. At the center of this work is the question of how politics affects judicial activity-and how, in turn, lawmaking by judges affects American politics. Duncan Kennedy considers opposing views about whether law is political in character and, if so, how. He puts forward an original, distinctive, and remarkably lucid theory of adjudication that includes accounts of both judicial rhetoric and the experience of judging. With an eye to the current state of theory, legal or otherwise, he also includes a provocative discussion of postmodernism. Ultimately concerned with the practical consequences of ideas about the law, A Critique of Adjudication explores the aspects and implications of adjudication as few books have in this century. As a comprehensive and powerfully argued statement of a critical position in modern American legal thought, it will be essential to any balanced picture of the legal, political, and cultural life of our nation.

Hitler's American Model

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Publisher : Princeton University Press
ISBN 13 : 1400884632
Total Pages : 223 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Hitler's American Model by : James Q. Whitman

Download or read book Hitler's American Model written by James Q. Whitman and published by Princeton University Press. This book was released on 2017-02-14 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: How American race law provided a blueprint for Nazi Germany Nazism triumphed in Germany during the high era of Jim Crow laws in the United States. Did the American regime of racial oppression in any way inspire the Nazis? The unsettling answer is yes. In Hitler's American Model, James Whitman presents a detailed investigation of the American impact on the notorious Nuremberg Laws, the centerpiece anti-Jewish legislation of the Nazi regime. Contrary to those who have insisted that there was no meaningful connection between American and German racial repression, Whitman demonstrates that the Nazis took a real, sustained, significant, and revealing interest in American race policies. As Whitman shows, the Nuremberg Laws were crafted in an atmosphere of considerable attention to the precedents American race laws had to offer. German praise for American practices, already found in Hitler's Mein Kampf, was continuous throughout the early 1930s, and the most radical Nazi lawyers were eager advocates of the use of American models. But while Jim Crow segregation was one aspect of American law that appealed to Nazi radicals, it was not the most consequential one. Rather, both American citizenship and antimiscegenation laws proved directly relevant to the two principal Nuremberg Laws—the Citizenship Law and the Blood Law. Whitman looks at the ultimate, ugly irony that when Nazis rejected American practices, it was sometimes not because they found them too enlightened, but too harsh. Indelibly linking American race laws to the shaping of Nazi policies in Germany, Hitler's American Model upends understandings of America's influence on racist practices in the wider world.