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Further Thoughts On Law And Jurisprudence
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Book Synopsis Further Thoughts on Law and Jurisprudence by : Kayode Eso
Download or read book Further Thoughts on Law and Jurisprudence written by Kayode Eso and published by Spectrum Books. This book was released on 2003 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A compilation of lectures delivered by the renowned and prolific law scholar, who was formerly Chief Judge of Oyo State and Justice of the Supreme Court of Nigeria. His essays cover ethics in business; democracy and civil society; constitutionalism; democracy, individual rights and law; human rights; international human rights norms and their domestic application; human rights in judicial decisions; the Nigerian judiciary and its role in post-colonial Africa into the twenty-first century; interpretations of statutes, and certainties in law.
Book Synopsis UBuntu and the Law by : Nyoko Muvangua
Download or read book UBuntu and the Law written by Nyoko Muvangua and published by Fordham Univ Press. This book was released on 2012 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together the uBuntu jurisprudence of South Africa, as well as the most cutting-edge critical essays about South African jurisprudence on uBuntu. Can indigenous values be rendered compatible with a modern legal system? This book raises some of the most pressing questions in cultural, political, and legal theory.
Book Synopsis The Basic Concepts of Legal Thought by : George P. Fletcher
Download or read book The Basic Concepts of Legal Thought written by George P. Fletcher and published by OUP USA. This book was released on 1996-09-12 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a brief introduction to the major issues in legal philosophy, intended for use as a secondary text in law schools, and in graduate and undergraduate courses in philosophy of law, jurisprudence and legal issues.
Download or read book Law's History written by David M. Rabban and published by Cambridge University Press. This book was released on 2013 with total page 585 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a study of the central role of history in late-nineteenth century American legal thought. In the decades following the Civil War, the founding generation of professional legal scholars in the United States drew from the evolutionary social thought that pervaded Western intellectual life on both sides of the Atlantic. Their historical analysis of law as an inductive science rejected deductive theories and supported moderate legal reform, conclusions that challenge conventional accounts of legal formalism Unprecedented in its coverage and its innovative conclusions about major American legal thinkers from the Civil War to the present, the book combines transatlantic intellectual history, legal history, the history of legal thought, historiography, jurisprudence, constitutional theory, and the history of higher education.
Book Synopsis Beyond the Formalist-Realist Divide by : Brian Z. Tamanaha
Download or read book Beyond the Formalist-Realist Divide written by Brian Z. Tamanaha and published by Princeton University Press. This book was released on 2009-10-26 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: According to conventional wisdom in American legal culture, the 1870s to 1920s was the age of legal formalism, when judges believed that the law was autonomous and logically ordered, and that they mechanically deduced right answers in cases. In the 1920s and 1930s, the story continues, the legal realists discredited this view by demonstrating that the law is marked by gaps and contradictions, arguing that judges construct legal justifications to support desired outcomes. This often-repeated historical account is virtually taken for granted today, and continues to shape understandings about judging. In this groundbreaking book, esteemed legal theorist Brian Tamanaha thoroughly debunks the formalist-realist divide. Drawing from extensive research into the writings of judges and scholars, Tamanaha shows how, over the past century and a half, jurists have regularly expressed a balanced view of judging that acknowledges the limitations of law and of judges, yet recognizes that judges can and do render rule-bound decisions. He reveals how the story about the formalist age was an invention of politically motivated critics of the courts, and how it has led to significant misunderstandings about legal realism. Beyond the Formalist-Realist Divide traces how this false tale has distorted studies of judging by political scientists and debates among legal theorists. Recovering a balanced realism about judging, this book fundamentally rewrites legal history and offers a fresh perspective for theorists, judges, and practitioners of law.
Book Synopsis Virtue Jurisprudence by : C. Farrelly
Download or read book Virtue Jurisprudence written by C. Farrelly and published by Springer. This book was released on 2019-06-12 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first authoritative text on virtue jurisprudence - the belief that the final end of law is not to maximize preference satisfaction or protect certain rights and privileges, but to promote human flourishing. Scholars of law, philosophy and politics illustrate here the value of the virtue ethics tradition to modern legal theory.
Book Synopsis Law as a Means to an End by : Brian Z. Tamanaha
Download or read book Law as a Means to an End written by Brian Z. Tamanaha and published by Cambridge University Press. This book was released on 2006-10-02 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contemporary US legal culture is marked by ubiquitous battles among various groups attempting to seize control of the law and wield it against others in pursuit of their particular agenda. This battle takes place in administrative, legislative, and judicial arenas at both the state and federal levels. This book identifies the underlying source of these battles in the spread of the instrumental view of law - the idea that law is purely a means to an end - in a context of sharp disagreement over the social good. It traces the rise of the instrumental view of law in the course of the past two centuries, then demonstrates the pervasiveness of this view of law and its implications within the contemporary legal culture, and ends by showing the various ways in which seeing law in purely instrumental terms threatens to corrode the rule of law.
Book Synopsis Searching for Contemporary Legal Thought by : Justin Desautels-Stein
Download or read book Searching for Contemporary Legal Thought written by Justin Desautels-Stein and published by Cambridge University Press. This book was released on 2017-12-28 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt: For more than a century, law schools have trained students to 'think like a lawyer'. In these times of legal crisis, both in legal education and in global society, what does that mean for the rest of us? In this book, thirty leading international scholars - including Louis Assier-Andrieu, Marianne Constable, Yves Dezalay, Denise Ferreira da Silva, Bryant Garth, Peter Goodrich, Duncan Kennedy, Martti Koskenniemi, Shaun McVeigh, Samuel Moyn, Annelise Riles, Charles Sabel and William Simon - examine what is distinctive about legal thought. They probe the relation between law and time, law and culture, and legal thought and legal action; the nature of current legal thought; the geography of legal thought; and the conditions for recognition of a new 'contemporary' style of law. This work will help theorists, social scientists, historians and students understand the intellectual context of legal problems, legal doctrine, and jurisprudential trends in the current conjuncture.
Book Synopsis Thinking Like a Lawyer by : Frederick F. Schauer
Download or read book Thinking Like a Lawyer written by Frederick F. Schauer and published by Harvard University Press. This book was released on 2009-04-27 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. In addressing the question whether legal reasoning is distinctive, Frederick Schauer emphasizes the formality and rule-dependence of law. When taking the words of a statute seriously, when following a rule even when it does not produce the best result, when treating the fact of a past decision as a reason for making the same decision again, or when relying on authoritative sources, the law embodies values other than simply that of making the best decision for the particular occasion or dispute. In thus pursuing goals of stability, predictability, and constraint on the idiosyncrasies of individual decision-makers, the law employs forms of reasoning that may not be unique to it but are far more dominant in legal decision-making than elsewhere. Schauer’s analysis of what makes legal reasoning special will be a valuable guide for students while also presenting a challenge to a wide range of current academic theories.
Book Synopsis The Court and the World by : Stephen Breyer
Download or read book The Court and the World written by Stephen Breyer and published by Vintage. This book was released on 2015-09-15 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this original, far-reaching, and timely book, Justice Stephen Breyer examines the work of the Supreme Court of the United States in an increasingly interconnected world, a world in which all sorts of activity, both public and private—from the conduct of national security policy to the conduct of international trade—obliges the Court to understand and consider circumstances beyond America’s borders. It is a world of instant communications, lightning-fast commerce, and shared problems (like public health threats and environmental degradation), and it is one in which the lives of Americans are routinely linked ever more pervasively to those of people in foreign lands. Indeed, at a moment when anyone may engage in direct transactions internationally for services previously bought and sold only locally (lodging, for instance, through online sites), it has become clear that, even in ordinary matters, judicial awareness can no longer stop at the water’s edge. To trace how foreign considerations have come to inform the thinking of the Court, Justice Breyer begins with that area of the law in which they have always figured prominently: national security in its constitutional dimension—how should the Court balance this imperative with others, chiefly the protection of basic liberties, in its review of presidential and congressional actions? He goes on to show that as the world has grown steadily “smaller,” the Court’s horizons have inevitably expanded: it has been obliged to consider a great many more matters that now cross borders. What is the geographical reach of an American statute concerning, say, securities fraud, antitrust violations, or copyright protections? And in deciding such matters, can the Court interpret American laws so that they might work more efficiently with similar laws in other nations? While Americans must necessarily determine their own laws through democratic process, increasingly, the smooth operation of American law—and, by extension, the advancement of American interests and values—depends on its working in harmony with that of other jurisdictions. Justice Breyer describes how the aim of cultivating such harmony, as well as the expansion of the rule of law overall, with its attendant benefits, has drawn American jurists into the relatively new role of “constitutional diplomats,” a little remarked but increasingly important job for them in this fast-changing world. Written with unique authority and perspective, The Court and the World reveals an emergent reality few Americans observe directly but one that affects the life of every one of us. Here is an invaluable understanding for lawyers and non-lawyers alike.
Book Synopsis Law and Legitimacy in the Supreme Court by : Richard H. Fallon
Download or read book Law and Legitimacy in the Supreme Court written by Richard H. Fallon and published by Harvard University Press. This book was released on 2018-02-19 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legitimacy and judicial authority -- Constitutional meaning : original public meaning -- Constitutional meaning : varieties of history that matter -- Law in the Supreme Court : jurisprudential foundations -- Constitutional constraints -- Constitutional theory and its relation to constitutional practice -- Sociological, legal, and moral legitimacy : today and tomorrow
Book Synopsis Jurisprudence by : George C. Christie
Download or read book Jurisprudence written by George C. Christie and published by West Academic Publishing. This book was released on 2008 with total page 1318 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hardbound - New, hardbound print book.
Book Synopsis The Oxford Handbook of Jurisprudence and Philosophy of Law by : Jules Coleman
Download or read book The Oxford Handbook of Jurisprudence and Philosophy of Law written by Jules Coleman and published by OUP Oxford. This book was released on 2004-01-22 with total page 1072 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Jurisprudence and Philosophy of Law brings together specially commissioned essays by twenty-six of the foremost legal theorists currently writing, to provide a state-of-the-art overview of jurisprudential scholarship.
Book Synopsis Philosophy of Law by : Jeffrey Brand
Download or read book Philosophy of Law written by Jeffrey Brand and published by A&C Black. This book was released on 2013-11-21 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: Organized around specific questions, theses and arguments, Philosophy of Law: Introducing Jurisprudence helps students get to grips with the fascinating yet often complex realm of legal philosophy. This comprehensive introduction explores fundamental questions about legal systems, legal reasoning, and legal concepts, covering a wide range of topics in jurisprudence including: • Liability • Punishment • Causation • Discretion • Precedent • Constitutional disobedience • The rule of law Packed with boxed case studies, chapter discussion questions, guides to further reading, a glossary of key terms and online resources for lecturers and students, Jeffrey Brand guides the reader through ideas in an accessible way. Philosophy of Law is ideal for use as a core textbook or as a companion to a set of primary sources.
Book Synopsis Antonin Scalia's Jurisprudence by : Ralph A. Rossum
Download or read book Antonin Scalia's Jurisprudence written by Ralph A. Rossum and published by University Press of Kansas. This book was released on 2016-12-12 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the new afterword Ralph Rossum covers Antonin Scalia’s entire career and discusses the thirty-eight major opinions since the original 2006 publication, including District of Columbia v. Heller, his dissent in the Obamacare cases of NFIB v. Sebelius and King v. Burwell, his important recess appointments case of NLRB v. Noel Canning, his procedural decisions on the Fourth Amendment and the Confrontation Clause, his equal protection (racial preference) opinions, and Hein v. Freedom from Religion Foundation. Lionized by the right and demonized by the left, Supreme Court Justice Antonin Scalia is the high court's quintessential conservative. Witty, outspoken, often abrasive, he is widely regarded as the most controversial member of the Court. This book is the first comprehensive, reasoned, and sympathetic analysis of how Scalia has decided cases during his entire twenty-year Supreme Court tenure. Ralph Rossum focuses on Scalia's more than 600 Supreme Court opinions and dissents-carefully wrought, passionately argued, and filled with well-turned phrases-which portray him as an eloquent defender of an "original meaning" jurisprudence. He also includes analyses of Scalia's Court of Appeals opinions for the D.C. circuit, his major law review articles as a law professor and judge, and his provocative book, A Matter of Interpretation. Rossum reveals Scalia's understanding of key issues confronting today's Court, such as the separation of powers, federalism, the free speech and press and religion clauses of the First Amendment, and the due process and equal protection clauses of the Fourteenth Amendment. He suggests that Scalia displays such a keen interest in defending federalism that he sometimes departs from text and tradition, and reveals that he has disagreed with other justices most often in decisions involving the meaning of the First Amendment's establishment clause. He also analyzes Scalia's positions on the commerce clause and habeas corpus clause of Article I, the take care clause of Article II, the criminal procedural provisions of Amendments Four through Eight, protection of state sovereign immunity in the Eleventh Amendment, and Congress's enforcement power under Section 5 of the Fourteenth Amendment. The first book to fully articulate the contours of Scalia's constitutional philosophy and jurisprudence, Rossum's insightful study ultimately depicts Scalia as a principled, consistent, and intelligent textualist who is fearless and resolute, notwithstanding the controversy he often inspires.
Book Synopsis The Federalist Papers by : Alexander Hamilton
Download or read book The Federalist Papers written by Alexander Hamilton and published by Read Books Ltd. This book was released on 2018-08-20 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.
Download or read book The Fate of Law written by Austin Sarat and published by University of Michigan Press. This book was released on 2009-11-10 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: For law and legal theory the end of the twentieth century is a time of contradiction; while the newly emerging politics of Eastern Europe seek to establish a new rule of law, voices in this country proclaim the "death of law." For the former, law provides hope for stability and fairness. For the latter, the fundamental values that provide a grounding for legality seem no longer secure or satisfying. The Fate of Law is a collection of five original essays, each of which discusses the problems and prospects of law in the late twentieth century. The essays pay particular attention to the impact of broad intellectual and political movements, especially feminism and postmodernism, on law and legal theory. The Fate of Law investigates what happens under the critical scrutiny of those movements and in an era of growing skepticism about law's central claim to objectivity, neutrality, and reason. It describes the struggles that ensue and the responses that are made. Each of the essays that comprise this books is written in its own style and voice; each makes it own judgments and assessments.