Empirical Gap In Jurisprudence

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Empirical Gap in Jurisprudence

Author : Daved Muttart
Publisher : University of Toronto Press
ISBN 13 : 1487591802
Total Pages : 281 pages
Book Rating : 4.4/5 (875 download)

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Book Synopsis Empirical Gap in Jurisprudence by : Daved Muttart

Download or read book Empirical Gap in Jurisprudence written by Daved Muttart and published by University of Toronto Press. This book was released on 2007-02-17 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: In jurisprudential writing, single decisions are often held up as representative without any evidence to support their representative claims. In order to address this problem, Daved Muttart has made a systematic study encompassing every judgment of the Supreme Court of Canada between 1950 and 2003. Examining almost 5000 cases, Muttart analyses these Supreme Court decisions employing several important criteria including whether the decisions overruled prior precedent, the extent to which they were decided on fact, law, or policy, and the legal and extra-legal modes of reasoning utilized by the Court. Muttart uses the results of this systematic examination to test the validity of extant jurisprudential theories. Ultimately, he concludes that the Court's method of operation is evolving as it moves into a new century. While the court's reasoning is becoming less foundational, it remains a predominantly legal, as opposed to political, institution. Filling an important niche in the study of jurisprudence, The Empirical Gap in Jurisprudence demonstrates that systematic studies based on large samples of cases will yield many insights that were obfuscated by prior efforts that relied on small and self-selected samples.

Empirical Legal Research

Author : Frans L. Leeuw
Publisher : Edward Elgar Publishing
ISBN 13 : 1782549412
Total Pages : 328 pages
Book Rating : 4.7/5 (825 download)

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Book Synopsis Empirical Legal Research by : Frans L. Leeuw

Download or read book Empirical Legal Research written by Frans L. Leeuw and published by Edward Elgar Publishing. This book was released on 2016-03-25 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Empirical Legal Research describes how to investigate the roles of legislation, regulation, legal policies and other legal arrangements at play in society. It is invaluable as a guide to legal scholars, practitioners and students on how to do empirical legal research, covering history, methods, evidence, growth of knowledge and links with normativity. This multidisciplinary approach combines insights and approaches from different social sciences, evaluation studies, Big Data analytics and empirically informed ethics. The authors present an overview of the roots of this blossoming interdisciplinary domain, going back to legal realism, the fields of law, economics and the social sciences, and also to civilology and evaluation studies. The book addresses not only data analysis and statistics, but also how to formulate adequate research problems, to use (and test) different types of theories (explanatory and intervention theories) and to apply new forms of literature research to the field of law such as the systematic, rapid and realist reviews and synthesis studies. The choice and architecture of research designs, the collection of data, including Big Data, and how to analyze and visualize data are also covered. The book discusses the tensions between the normative character of law and legal issues and the descriptive and causal character of empirical legal research, and suggests ways to help handle this seeming disconnect. This comprehensive guide is vital reading for law practitioners as well as for students and researchers dealing with regulation, legislation and other legal arrangements.

Constitutional Crossroads

Author : Kate Puddister
Publisher : UBC Press
ISBN 13 : 0774867949
Total Pages : 521 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis Constitutional Crossroads by : Kate Puddister

Download or read book Constitutional Crossroads written by Kate Puddister and published by UBC Press. This book was released on 2022-12-01 with total page 521 pages. Available in PDF, EPUB and Kindle. Book excerpt: Four decades have passed since the adoption of the Constitution Act, 1982. Now it is time to assess its legacy. As Constitutional Crossroads makes clear, the 1982 constitutional package raises a host of questions about a number of important issues, including identity and pluralism, the scope and limits of rights, competing constitutional visions, the relationship between the state and Indigenous peoples, and the nature of constitutional change. This collection brings together an impressive assembly of established and rising stars of political science and law, who not only provide a robust account of the 1982 reform but also analyze the ensuing scholarship that has shaped our understanding of the Constitution. Contributors bypass historical description to offer reflective analyses of different aspects of Canada’s constitution as it is understood in the twenty-first century. With a focus on the themes of rights, reconciliation, and constitutional change, Constitutional Crossroads provides profound insights into institutional relationships, public policy, and the state of the fields of law and politics.

Intolerant Religion in a Tolerant-Liberal Democracy

Author : Yossi Nehushtan
Publisher : Bloomsbury Publishing
ISBN 13 : 1782259511
Total Pages : 233 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Intolerant Religion in a Tolerant-Liberal Democracy by : Yossi Nehushtan

Download or read book Intolerant Religion in a Tolerant-Liberal Democracy written by Yossi Nehushtan and published by Bloomsbury Publishing. This book was released on 2016-01-21 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to examine and critically analyse the role that religion has and should have in the public and legal sphere. The main purpose of the book is to explain why religion, on the whole, should not be tolerated in a tolerant-liberal democracy and to describe exactly how it should not be tolerated – mainly by addressing legal issues. The main arguments of the book are, first, that as a general rule illiberal intolerance should not be tolerated; secondly, that there are meaningful, unique links between religion and intolerance, and between holding religious beliefs and holding intolerant views (and ultimately acting upon these views); and thirdly, that the religiosity of a legal claim is normally a reason, although not necessarily a prevailing one, not to accept that claim.

Routledge Handbook of Socio-Legal Theory and Methods

Author : Naomi Creutzfeldt
Publisher : Routledge
ISBN 13 : 0429489749
Total Pages : 566 pages
Book Rating : 4.4/5 (294 download)

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Book Synopsis Routledge Handbook of Socio-Legal Theory and Methods by : Naomi Creutzfeldt

Download or read book Routledge Handbook of Socio-Legal Theory and Methods written by Naomi Creutzfeldt and published by Routledge. This book was released on 2019-08-13 with total page 566 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on a range of approaches from the social sciences and humanities, this handbook explores theoretical and empirical perspectives that address the articulation of law in society, and the social character of the rule of law. The vast field of socio-legal studies provides multiple lenses through which law can be considered. Rather than seeking to define the field of socio-legal studies, this book takes up the experiences of researchers within the field. First-hand accounts of socio-legal research projects allow the reader to engage with diverse theoretical and methodological approaches within this fluid interdisciplinary area. The book provides a rich resource for those interested in deepening their understanding of the variety of theories and methods available when law is studied in its broadest social context, as well as setting those within the history of the socio-legal movement. The chapters consider multiple disciplinary lenses – including feminism, anthropology and sociology – as well as a variety of methodologies, including: narrative, visual and spatial, psychological, economic and epidemiological approaches. Moreover, these are applied in a range of substantive contexts such as online hate speech, environmental law, biotechnology, research in post-conflict situations, race and LGBT+ lawyers. The handbook brings together younger contributors and some of the best-known names in the socio-legal field. It offers a fresh perspective on the past, present and future of sociolegal studies that will appeal to students and scholars with relevant interests in a range of subjects, including law, sociology and politics. Chapter 7 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.

Toward an Informal Account of Legal Interpretation

Author : Allan C. Hutchinson
Publisher : Cambridge University Press
ISBN 13 : 1316720985
Total Pages : 199 pages
Book Rating : 4.3/5 (167 download)

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Book Synopsis Toward an Informal Account of Legal Interpretation by : Allan C. Hutchinson

Download or read book Toward an Informal Account of Legal Interpretation written by Allan C. Hutchinson and published by Cambridge University Press. This book was released on 2016-10-20 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: Toward an Informal Account of Legal Interpretation offers a viable account of law, judicial decision-making, and legal interpretation that is as fresh as it is familiar. The author expertly challenges the dominant mode of formalist theorizing and proposes an explanatory account of legal interpretation that can profitably be understood as an 'informal' intervention. Such an informal approach has no truck with either the claims of the formalists (i.e., that law is something separate from ideology) or those of the anti-formalists (i.e., that law is nothing other than ideological posturing). Hutchinson insists that, when understood properly, legal interpretation is an applied exercise in law-and-ideology; it is both constrained and unconstrained in equal measure. In developing this informalist account through a sustained application of the 'no vehicles in the park' rule, this book is wide-ranging in theoretical scope and substance, but also accessible and practical in style.

The Oxford Handbook of Comparative Judicial Behaviour

Author :
Publisher : Oxford University Press
ISBN 13 : 0192653717
Total Pages : 1041 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis The Oxford Handbook of Comparative Judicial Behaviour by :

Download or read book The Oxford Handbook of Comparative Judicial Behaviour written by and published by Oxford University Press. This book was released on 2024-10-18 with total page 1041 pages. Available in PDF, EPUB and Kindle. Book excerpt: These are momentous times for the comparative analysis of judicial behaviour. Once the sole province of U.S. scholars—and mostly political scientists at that—now, researchers throughout the world, drawing on history, economics, law, and psychology, are illuminating how and why judges make the choices they do and what effect those choices have on society. Bringing together leading scholars in the field, The Oxford Handbook of Comparative Judicial Behaviour consists of ten sections, each devoted to important subfields: fundamentals—providing overviews designed to identify common trends in courts worldwide; approaches to judging; data, methods, and technologies; staffing the courts; advocacy, litigation, and appellate review; opinions; relations within, between, and among courts; judicial independence; court and society; and frontiers of comparative judicial behaviour—dedicated to expanding on opportunities for advancement. Rather than focusing on particular courts, countries, or regions, the organization of the individual chapters is topical. Each chapter explores an important topic-critically evaluating the state of that topic and identifying opportunities for future work. While the forty-two chapters share a common interest in explaining the causes and effects of judicial choices, the range of approaches to comparative research is wide, inclusive, and interdisciplinary, from contrasts and similarities to sophisticated research agendas reflecting the emerging field of judicial behaviour around the world.

Handbook of Comparative Political Institutions

Author : Adrian Vatter
Publisher : Edward Elgar Publishing
ISBN 13 : 180392909X
Total Pages : 539 pages
Book Rating : 4.8/5 (39 download)

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Book Synopsis Handbook of Comparative Political Institutions by : Adrian Vatter

Download or read book Handbook of Comparative Political Institutions written by Adrian Vatter and published by Edward Elgar Publishing. This book was released on 2024-10-03 with total page 539 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Handbook presents a broad range of theoretical, methodological and empirical perspectives on the comparative study of political institutions. Exploring cutting-edge developments in the field, it provides new insight into the significant diversity and impact of political institutions across space and time. This title contains one or more Open Access chapters.

Governing from the Bench

Author : Emmett Macfarlane
Publisher : UBC Press
ISBN 13 : 077482350X
Total Pages : 266 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis Governing from the Bench by : Emmett Macfarlane

Download or read book Governing from the Bench written by Emmett Macfarlane and published by UBC Press. This book was released on 2013 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Governing from the Bench, Emmett Macfarlane draws on interviews with current and former justices, law clerks, and other staff members of the court to shed light on the institution’s internal environment and decision-making processes. He explores the complex role of the Supreme Court as an institution; exposes the rules, conventions, and norms that shape and constrain its justices’ behavior; and situates the court in its broader governmental and societal context, as it relates to the elected branches of government, the media, and the public.

Manitoba Law Journal: A Review of the Current Legal Landscape 2015 Volume 38(1)

Author : Darcy L. MacPherson, et al.
Publisher : Manitoba Law Journal
ISBN 13 :
Total Pages : 377 pages
Book Rating : 4./5 ( download)

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Book Synopsis Manitoba Law Journal: A Review of the Current Legal Landscape 2015 Volume 38(1) by : Darcy L. MacPherson, et al.

Download or read book Manitoba Law Journal: A Review of the Current Legal Landscape 2015 Volume 38(1) written by Darcy L. MacPherson, et al. and published by Manitoba Law Journal. This book was released on with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Manitoba Law Journal is a peer-reviewed journal founded in 1961. The MLJ's current mission is to provide lively, independent and high caliber commentary on legal events in Manitoba or events of special interest to our community. This issue has articles from a variety of contributing authors including: Alvin Esau, Bryan P. Schwartz, Catherine Bell, Darcy L. MacPherson, Darren O'Toole, David Ireland, Joan Brockman, Joshua David Michael Shaw, Marc Zanoni, Michelle Gallant, Paul Seaman, Peter McCormick, Richard Devlin, and Thomas R. Berger.

Comparative Matters

Author : Ran Hirschl
Publisher :
ISBN 13 : 0198714513
Total Pages : 317 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Comparative Matters by : Ran Hirschl

Download or read book Comparative Matters written by Ran Hirschl and published by . This book was released on 2014 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative study has emerged as the new frontier of constitutional law scholarship as well as an important aspect of constitutional adjudication. Increasingly, jurists, scholars, and constitution drafters worldwide are accepting that 'we are all comparativists now'. And yet, despite this tremendous renaissance, the 'comparative' aspect of the enterprise, as a method and a project, remains under-theorized and blurry. Fundamental questions concerning the very meaning and purpose of comparative constitutional inquiry, and how it is to be undertaken, are seldom asked, let alone answered. In this path-breaking book, Ran Hirschl addresses this gap by charting the intellectual history and analytical underpinnings of comparative constitutional inquiry, probing the various types, aims, and methodologies of engagement with the constitutive laws of others through the ages, and exploring how and why comparative constitutional inquiry has been and ought to be pursued by academics and jurists worldwide. Through an extensive exploration of comparative constitutional endeavours past and present, near and far, Hirschl shows how attitudes towards engagement with the constitutive laws of others reflect tensions between particularism and universalism as well as competing visions of who 'we' are as a political community. Drawing on insights from social theory, religion, history, political science, and public law, Hirschl argues for an interdisciplinary approach to comparative constitutionalism that is methodologically and substantively preferable to merely doctrinal accounts. The future of comparative constitutional studies, he contends, lies in relaxing the sharp divide between constitutional law and the social sciences. Comparative Matters makes a unique and welcome contribution to the comparative study of constitutions and constitutionalism, sharpening our understanding of the historical development, political parameters, epistemology, and methodologies of one of the most intellectually vibrant areas in contemporary legal scholarship.

Justice Bertha Wilson

Author : Kim Brooks
Publisher : UBC Press
ISBN 13 : 0774859148
Total Pages : 347 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis Justice Bertha Wilson by : Kim Brooks

Download or read book Justice Bertha Wilson written by Kim Brooks and published by UBC Press. This book was released on 2010-07-01 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bertha Wilson’s appointment as the first female justice of the Supreme Court of Canada in 1982 capped off a career of firsts. Wilson had been the first woman lawyer and partner at a prominent Toronto law firm and the first woman appointed to the Ontario Court of Appeal. Her death in 2007 provoked reflection on her contributions to the Canadian legal landscape and raised the question, what difference do women judges make? Justice Bertha Wilson examines Wilson’s career through three distinct frames and a wide range of feminist perspectives. The authors evince Wilson’s contributions to the legal system in “Foundations,” examine her role in high-profile decisions in “Controversy,” and assess her credentials as a feminist judge and her impact on education and the profession in “Reflections.” This nuanced portrait of a complex, controversial woman will appeal to lawyers, judges, policy makers, academics, and anyone interested in law and women’s contributions to Canadian society.

The Irish Supreme Court

Author : Brice Dickson
Publisher : Oxford University Press
ISBN 13 : 0192512471
Total Pages : 579 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The Irish Supreme Court by : Brice Dickson

Download or read book The Irish Supreme Court written by Brice Dickson and published by Oxford University Press. This book was released on 2019-01-31 with total page 579 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the jurisprudence of the Supreme Court of Ireland since its creation in 1924. It sets out the origins of the Court, explains how it operated during the life of the Irish Free State (1922-1937), and considers how it has developed various fields of law under Ireland's 1937 Constitution, especially after the 're-creation' of the Court in 1961. As well as constitutional law, the book looks at the Court's views on the status and legal system of Northern Ireland, administrative law, criminal justice and personal and family law. There are also chapters on the Supreme Court's interaction with European Union law and with the European Convention on Human Rights. The argument throughout is that, while the Court has been well served by many of its judges, who on occasion have manifested a healthy degree of judicial activism, there are still several legal fields in which the Court has not developed its jurisprudence as clearly or as imaginatively as it might have done. It has often displayed undue conservatism and deference. For many years its performance was hampered by its extreme workload, generated by its inability to control the number of appeals brought to it. However, the creation of a new Court of Appeal in 2014 has freed up the Supreme Court to act in a manner more analogous to that adopted by supreme courts in other common law countries. The Court's future looks bright.

Seeking the Court’s Advice

Author : Kate Puddister
Publisher : UBC Press
ISBN 13 : 0774861134
Total Pages : 290 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis Seeking the Court’s Advice by : Kate Puddister

Download or read book Seeking the Court’s Advice written by Kate Puddister and published by UBC Press. This book was released on 2019-05-01 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can Parliament legalize same-sex marriage? Can Quebec unilaterally secede from Canada? Can the federal government create a national firearms registry? Each of these questions is contentious and deeply political, and each was addressed by a court in a reference case, not by elected policy makers. Reference cases allow governments to obtain an advisory opinion from a court without a live dispute and opposing litigants – and governments often wield this power strategically. Through a reference case, elected officials can insert the courts and the judiciary into political debates that can be both contentious and normative. Seeking the Court’s Advice is the first in-depth study of the reference power, drawing on over two hundred reference cases from 1875 to 2017. With novel insight and analysis, Kate Puddister demonstrates that the actual outcome of a reference case – win or lose – is often secondary to the political benefits that can be attained from relying on courts through the reference power.

Legal Argumentation Theory: Cross-Disciplinary Perspectives

Author : Christian Dahlman
Publisher : Springer Science & Business Media
ISBN 13 : 9400746695
Total Pages : 239 pages
Book Rating : 4.4/5 (7 download)

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Book Synopsis Legal Argumentation Theory: Cross-Disciplinary Perspectives by : Christian Dahlman

Download or read book Legal Argumentation Theory: Cross-Disciplinary Perspectives written by Christian Dahlman and published by Springer Science & Business Media. This book was released on 2012-09-12 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers its readers an overview of recent developments in the theory of legal argumentation written by representatives from various disciplines, including argumentation theory, philosophy of law, logic and artificial intelligence. It presents an overview of contributions representative of different academic and legal cultures, and different continents and countries. The book contains contributions on strategic maneuvering, argumentum ad absurdum, argumentum ad hominem, consequentialist argumentation, weighing and balancing, the relation between legal argumentation and truth, the distinction between the context of discovery and context of justification, and the role of constitutive and regulative rules in legal argumentation. It is based on a selection of papers that were presented in the special workshop on Legal Argumentation organized at the 25th IVR World Congress for Philosophy of Law and Social Philosophy held 15-20 August 2011 in Frankfurt, Germany.

International Legal Theory

Author : Jeffrey L. Dunoff
Publisher : Cambridge University Press
ISBN 13 : 1108427715
Total Pages : 449 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis International Legal Theory by : Jeffrey L. Dunoff

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: A reader-friendly overview of leading theoretical approaches to international law for students, scholars, and practitioners.

The Oxford Handbook of Empirical Legal Research

Author : Peter Cane
Publisher : OUP Oxford
ISBN 13 : 019163543X
Total Pages : 1112 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Oxford Handbook of Empirical Legal Research by : Peter Cane

Download or read book The Oxford Handbook of Empirical Legal Research written by Peter Cane and published by OUP Oxford. This book was released on 2012-05-17 with total page 1112 pages. Available in PDF, EPUB and Kindle. Book excerpt: The empirical study of law, legal systems and legal institutions is widely viewed as one of the most exciting and important intellectual developments in the modern history of legal research. Motivated by a conviction that legal phenomena can and should be understood not only in normative terms but also as social practices of political, economic and ethical significance, empirical legal researchers have used quantitative and qualitative methods to illuminate many aspects of law's meaning, operation and impact. In the 43 chapters of The Oxford Handbook of Empirical Legal Research leading scholars provide accessible and original discussions of the history, aims and methods of empirical research about law, as well as its achievements and potential. The Handbook has three parts. The first deals with the development and institutional context of empirical legal research. The second - and largest - part consists of critical accounts of empirical research on many aspects of the legal world - on criminal law, civil law, public law, regulatory law and international law; on lawyers, judicial institutions, legal procedures and evidence; and on legal pluralism and the public understanding of law. The third part introduces readers to the methods of empirical research, and its place in the law school curriculum.