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Issues In Legal Scholarship
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Book Synopsis Rethinking Legal Scholarship by : Rob van Gestel
Download or read book Rethinking Legal Scholarship written by Rob van Gestel and published by . This book was released on 2017 with total page 543 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rethinking Legal Scholarship bridges the gap between American and European legal scholarship by looking at underlying methodological challenges.
Book Synopsis Problems of Knowledge in Legal Scholarship by : Philip Shuchman
Download or read book Problems of Knowledge in Legal Scholarship written by Philip Shuchman and published by . This book was released on 1979 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Issues in Legal Scholarship written by and published by . This book was released on 2001 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Legal Scholarship and Education by : Mark V. Tushnet
Download or read book Legal Scholarship and Education written by Mark V. Tushnet and published by Routledge. This book was released on 2008 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays written by Mark Tushnet addresses a range of subjects, such as the development of critical legal studies and its current state, the intellectual status of legal scholarship, interdisciplinary legal scholarship (including law and economics), and selected topics in legal pedagogy. It provides an overview of his contribution to the intellectual history of legal scholarship and education in the United States from the 1970s.
Book Synopsis Legal Thought and Philosophy by : Bert van Roermund
Download or read book Legal Thought and Philosophy written by Bert van Roermund and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: ÔThis book proves to be an excellent guide through the labyrinth of law. Its crucial point is legal order viewed from the perspective of a situated ÒWeÓ. Jurisprudence appears as an implicit sort of thinking, embedded in moral, political, epistemological, and linguistic contexts. Numerous example cases lead us from everyday issues to the abysses of violence. Anyone who practises or studies law will highly profit from reading this book. One sees how law functions by being more than mere law.Õ Ð Bernhard Waldenfels, Ruhr-University Bochum, Germany Legal Thought and Philosophy clarifies background questions in legal research projects, such as the relationship between law and justice, law and politics, law and knowledge, facts and norms, normativity and validity, constituent and constitutional power, and rule and context. It provides advanced students in law and philosophy with an account of legal thinking that combines analytical and phenomenological insights. From a conception of justice as principled political self-restraint, the book explains why there are moral reasons to separate law from morality conceptually and in what sense a legal order is positive Ð that is, set by authority and bound up with history. The book explores the conditions under which law may become an object of knowledge and theorizing, before finally discussing how these features come together in law as rule-following by citizens, officials, judges, and legislators alike. Addressing advanced students in law and philosophy, this key book: ¥ bridges separate traditions in legal philosophy (in particular analytical philosophy and phenomenology) ¥ develops a view of law as an institution of authority from a conception of justice in the socio-political relationship between ÔweÕ and Ôthe othersÕ ¥ presents a systematic account of normativity and validity ¥ explains in what sense law is Ôdoing things with rulesÕ.
Book Synopsis Legal Scholarship as a Source of Law by : Fábio P. Shecaira
Download or read book Legal Scholarship as a Source of Law written by Fábio P. Shecaira and published by Springer Science & Business Media. This book was released on 2013-07-09 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about the use of legal scholarship by judges. It discusses the possibility that legal scholarship may function as a genuine source of law in modern municipal legal systems. The book advances a number of claims, some conceptual, some empirical, some normative. The major conceptual claims are found in Chapters 2 and 3, where a general account of the notion of a source of law is provided. Roughly, sources of law are documents or practices (e.g. statutes, judicial decisions, official customs) from which norms can be derived that function as sources of content-independent reasons for judges to decide legal cases one way or another. The relevant notion of content-independence is derived (with qualifications) from H.L.A. Hart’s jurisprudence. Indeed, the book’s analysis of the concept of a source of law relies at various points on Hartian insights about law and legal reasoning. Chapter 4 argues that legal scholarship – or, more precisely, a particular type of legal scholarship that might be described as standard or doctrinal – can be, and indeed is, used as a source of law in modern legal systems. The conclusion that legal scholarship is used as a source of law (and thus as a source of content-independent reasons for action) may come as a surprise to those who associate judicial recourse to legal scholarship with judicial activism. This association is discussed and criticized in Chapters 5 and 6. It is argued that, in spite of a relatively common opinion to the contrary, legal scholarship can be used to mitigate discretion. In fact, it is precisely because it can be used in this way that judges sometimes refer to scholarship deceptively and suggest that it limits discretion in situations in which it really does not. The concluding chapter addresses potential objections not explicitly discussed in earlier chapters.
Book Synopsis Rethinking Legal Scholarship by : Rob van Gestel
Download or read book Rethinking Legal Scholarship written by Rob van Gestel and published by Cambridge University Press. This book was released on 2017-02-02 with total page 867 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although American scholars sometimes consider European legal scholarship as old-fashioned and inward-looking and Europeans often perceive American legal scholarship as amateur social science, both traditions share a joint challenge. If legal scholarship becomes too much separated from practice, legal scholars will ultimately make themselves superfluous. If legal scholars, on the other hand, cannot explain to other disciplines what is academic about their research, which methodologies are typical, and what separates proper research from mediocre or poor research, they will probably end up in a similar situation. Therefore we need a debate on what unites legal academics on both sides of the Atlantic. Should legal scholarship aspire to the status of a science and gradually adopt more and more of the methods, (quality) standards, and practices of other (social) sciences? What sort of methods do we need to study law in its social context and how should legal scholarship deal with the challenges posed by globalization?
Book Synopsis Legal Scholarship for the Urban Core by : Peter Enrich
Download or read book Legal Scholarship for the Urban Core written by Peter Enrich and published by Cambridge University Press. This book was released on 2019-07-11 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides compelling examples of engaged legal scholarship addressing issues of entrenched poverty and underdevelopment in American urban cores.
Book Synopsis Legal Doctrinal Scholarship by : Bódig, Mátyás
Download or read book Legal Doctrinal Scholarship written by Bódig, Mátyás and published by Edward Elgar Publishing. This book was released on 2021-07-31 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing a comprehensive account of the often-misunderstood area of legal doctrinal scholarship, this incisive book offers a novel framing for conceptual legal theory and the functions of conceptual theorising in legal studies. It explores the ways in which a doctrinally oriented legal theory may provide methodological support to legal scholars, arguing that making adequate sense of the rational reconstruction of law is pivotal in delivering such active support.
Book Synopsis Rethinking the Law School by : Carel Stolker
Download or read book Rethinking the Law School written by Carel Stolker and published by Cambridge University Press. This book was released on 2014-12-11 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law, by its very nature, tends to think locally, not globally. This book has a broader scope in terms of the range of nations and offers a succinct journey through law schools on different continents and subject matters. It covers education, research, impact and societal outreach, and governance. It illustrates that law schools throughout the world have much in common in terms of values, duties, challenges, ambitions and hopes. It provides insights into these aspirations, whilst presenting a thought-provoking discussion for a more global agenda on the future of law schools. Written from the perspective of a former dean, the book offers a unique understanding of the challenges facing legal education and research.
Book Synopsis Problems of Knoledge in Legal Scholarship by :
Download or read book Problems of Knoledge in Legal Scholarship written by and published by . This book was released on 1979 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Laws and Societies in Global Contexts by : Eve Darian-Smith
Download or read book Laws and Societies in Global Contexts written by Eve Darian-Smith and published by Cambridge University Press. This book was released on 2013-01-31 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text promotes a more global sociolegal perspective that engages with multiple laws and societies and diverse sociolegal systems based on very different historical and cultural traditions, interacting on multiple local, national, and global levels. The approach to global legal pluralism seeks to provide a framework for envisioning new global governance regimes that move beyond state-based solutions to deal with trenchant transnational challenges.
Book Synopsis The Citizen and the Alien by : Linda Bosniak
Download or read book The Citizen and the Alien written by Linda Bosniak and published by Princeton University Press. This book was released on 2008-09-08 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: Citizenship presents two faces. Within a political community it stands for inclusion and universalism, but to outsiders, citizenship means exclusion. Because these aspects of citizenship appear spatially and jurisdictionally separate, they are usually regarded as complementary. In fact, the inclusionary and exclusionary dimensions of citizenship dramatically collide within the territory of the nation-state, creating multiple contradictions when it comes to the class of people the law calls aliens--transnational migrants with a status short of full citizenship. Examining alienage and alienage law in all of its complexities, The Citizen and the Alien explores the dilemmas of inclusion and exclusion inherent in the practices and institutions of citizenship in liberal democratic societies, especially the United States. In doing so, it offers an important new perspective on the changing meaning of citizenship in a world of highly porous borders and increasing transmigration. As a particular form of noncitizenship, alienage represents a powerful lens through which to examine the meaning of citizenship itself, argues Linda Bosniak. She uses alienage to examine the promises and limits of the "equal citizenship" ideal that animates many constitutional democracies. In the process, she shows how core features of globalization serve to shape the structure of legal and social relationships at the very heart of national societies.
Book Synopsis Law Firm Librarianship by : John Azzolini
Download or read book Law Firm Librarianship written by John Azzolini and published by Elsevier. This book was released on 2012-12-10 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: The legal information environment is deep, wide, and dynamic with many participants, including courts, parliaments, legislatures, and administrative bodies. None exemplifies the agile, knowledge-engaging legal player better than the law firm. Current, authoritative information is essential for the successful representation of clients. The firm's most dependable resource for retrieving information is its library staff. Law Firm Librarianship introduces the reader to the challenges, qualifications, and work conditions of this distinct type of research librarian. The book begins by asking what law firm librarianship is, whilst the second chapter focuses on the law firm and its culture. The third chapter covers the law firm library itself, including the practical aspects of the firm librarian's interaction with his or her professional environments. The next chapter considers the effects of legal publishing practices, and the penultimate section surveys the various research tools the firm librarian relies on for sound knowledge. The book concludes by looking at the dynamic qualities of law firm librarianship. Offers an up-to-date overview from an experienced practitioner Adds to the library literature by addressing a type of librarianship that usually receives little attention Applies field knowledge about legal information trends that will inform related areas of inquiry
Book Synopsis The Mind and Method of the Legal Academic by : J. M. Smits
Download or read book The Mind and Method of the Legal Academic written by J. M. Smits and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: ïJan Smits has long been one of the most interesting and original authors on European private law theory. Now he offers his views on legal scholarship, and they are as original as they are thought-provoking. His plea for a legal scholarship that maintains its identity vis-ö-vis neighboring disciplines without collapsing into doctrinairism is bound to yield lively discussions _ and hopefully will help re-establish a proper place for legal scholarship, in Europe and beyond.Í _ Ralf Michaels, Duke University, US ïThe Mind and Method of the Legal Academic is a valuable contribution to the discussion on legal methodology and legal theory, which offers an acute insight in contemporary academic discussions. Smits provides us with fresh ideas as to the (non)importance of social sciences for law, comparative law and what makes an academic discipline. He does so in a clear style and barely hundred pages text. It therefore can be highly recommended to all students of jurisprudence.Í _ Ewoud Hondius, University of Utrecht, The Netherlands ïA wonderful little book which explains to newcomers and old hands alike what legal academics are doing, how they are doing it, how they ought to be doing it, what kind of research environment they would need, and how all this should affect their teaching. Smits brings comparative and interdisciplinary approaches home to the core of scholarly legal work.Í _ Gerhard Dannemann, Centre for British Studies, Berlin, Germany ïThis book is a wide-ranging and bold exploration of the nature of legal scholarship. Lucid and learned, Smits draws upon a variety of sources to recommend a multi-faceted approach to the normative dimension of law. As such, it provides a theoretical base for comparative law but also for any inquiry into what law or legal principle is appropriate for a given problem or situation. All those engaged in critically examining the law will benefit from its insights.Í _ Anthony Ogus, University of Manchester, UK and University of Rotterdam, The Netherlands ïAcademic debate over law and legal scholarship has placed legal research and legal education under pressure. Jan SmitsÍ book is intellectual self-defence of legal scholarship tailored for the needs of tomorrow. The Mind and Method of the Legal Academic is fluid, creative and original. Makes wonderful reading for those who are concerned about the future of legal research and legal education in a globalized world.Í _ Jaakko Husa, University of Lapland, Finland In a context of changing times and current debate, this highly topical book discusses the aims, methods and organization of legal scholarship. Jan Smits assesses the recent turn away from doctrinal research towards a more empirical and theoretical way of legal investigation and offers a fresh perspective on what it is that legal academics should deal with and how they should do it. The book also considers the consequences which follow for the organization of the legal discipline by universities and uses this context to discuss the key questions of the internationalization of law schools, quality assessments, legal education and the research culture. Being the first book to address the aim and goals of legal scholarship in an international context, this insightful study will appeal to academics, graduate students, researchers and policymakers in higher education.
Book Synopsis Legal Scholarship for the Urban Core by : Peter Enrich
Download or read book Legal Scholarship for the Urban Core written by Peter Enrich and published by Cambridge University Press. This book was released on 2019-07-11 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: The problems of entrenched poverty and economic underdevelopment in American urban cores involve multiple overlapping challenges that have stymied consistent and long-term progress for many decades. Although inadequate and misguided laws are not solely responsible for this state of affairs, good laws - and good lawyering - can contribute enormously to overcoming the challenges of the urban cores. By showcasing a range of scholarly analyses, covering a broad spectrum of legal issues and methodologies, this book demonstrates how law and lawyers can and do respond to the challenges of the urban cores. It provides paths forward at the local level in the face of federal political paralysis and inattention and lays a foundation for new paradigms and new approaches to intransigent problems. Modeling engaged legal scholarship as a pragmatic response to contemporary challenges, this book is for anyone concerned about the current state of American urban cores.
Book Synopsis The Legal Scholar’s Guidebook by : Elizabeth E. Berenguer
Download or read book The Legal Scholar’s Guidebook written by Elizabeth E. Berenguer and published by Aspen Publishing. This book was released on 2020-02-03 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Legal Scholar’s Guidebook demystifies academic legal writing by providing concrete advice on topic selection, research strategies, and analytical frameworks. It is an essential resource for any serious legal scholar. Nascent scholars will find it a reassuring guide through a demanding process and experienced scholars will find it a source of encouragement. Wherever you are on your scholarly journey, the Guidebook is your compass. Scholars will benefit from: Chapter Brainstorms that contain Questions guiding entry into stages of the research and writing process. Squelch the Impostor tips that include advice to manage stress inherent at each stage of the research and writing process. Specific assignments to methodically guide the scholar through each stage. Examples, Guides, and Checklists that provide samples to help the scholar understand expectations at each stage.
