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Patterns Of American Legal Thought
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Book Synopsis Patterns of American Jurisprudence by : Neil Duxbury
Download or read book Patterns of American Jurisprudence written by Neil Duxbury and published by . This book was released on 1995 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique study offers a comprehensive analysis of American jurisprudence from its emergence in the later stages of the nineteenth century through to the present day. The author argues that it is a mistake to view American jurisprudence as a collection of movements and schools which have emerged in opposition to each other. By offering a highly original analysis of legal formalism, legal realism, policy science, process jurisprudence, law and economics, and critical legal studies, he demonstrates that American jurisprudence has evolved as a collection of themes which reflects broader American intellectual and cultural concerns.
Book Synopsis Patterns of American Legal Thought by : G. Edward White
Download or read book Patterns of American Legal Thought written by G. Edward White and published by Quid Pro Books. This book was released on 2010-07-22 with total page 603 pages. Available in PDF, EPUB and Kindle. Book excerpt: A renowned legal historian's collection of astute and timeless essays on such subjects as the process, method and debates of legal history; the truth about Holmes and Brandeis; legal realism & its critics; the origins of tort law; appellate opinions as research sources; Brown v. Board and the role of Earl Warren; and the development of gay rights in U.S. constitutional law. Quality digital format.
Book Synopsis The Canon of American Legal Thought by : David Kennedy
Download or read book The Canon of American Legal Thought written by David Kennedy and published by Princeton University Press. This book was released on 2018-06-05 with total page 936 pages. Available in PDF, EPUB and Kindle. Book excerpt: This anthology presents, for the first time, full texts of the twenty most important works of American legal thought since 1890. Drawing on a course the editors teach at Harvard Law School, the book traces the rise and evolution of a distinctly American form of legal reasoning. These are the articles that have made these authors--from Oliver Wendell Holmes, Jr., to Ronald Coase, from Ronald Dworkin to Catherine MacKinnon--among the most recognized names in American legal history. These authors proposed answers to the classic question: "What does it mean to think like a lawyer--an American lawyer?" Their answers differed, but taken together they form a powerful brief for the existence of a distinct and powerful style of reasoning--and of rulership. The legal mind is as often critical as constructive, however, and these texts form a canon of critical thinking, a toolbox for resisting and unravelling the arguments of the best legal minds. Each article is preceded by a short introduction highlighting the article's main ideas and situating it in the context of its author's broader intellectual projects, the scholarly debates of his or her time, and the reception the article received. Law students and their teachers will benefit from seeing these classic writings, in full, in the context of their original development. For lawyers, the collection will take them back to their best days in law school. All readers will be struck by the richness, the subtlety, and the sophistication with which so many of what have become the clichés of everyday legal argument were originally formulated.
Book Synopsis American Legal Thought from Premodernism to Postmodernism by : Stephen M. Feldman
Download or read book American Legal Thought from Premodernism to Postmodernism written by Stephen M. Feldman and published by Oxford University Press. This book was released on 2000-01-20 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: The intellectual development of American legal thought has progressed remarkably quickly form the nation's founding through today. Stephen Feldman traces this development through the lens of broader intellectual movements and in this work applies the concepts of premodernism, modernism, and postmodernism to legal thought, using examples or significant cases from Supreme Court history. Comprehensive and accessible, this single volume provides an overview of the evolution of American legal thought up to the present.
Download or read book Law and Lies written by Austin Sarat and published by Cambridge University Press. This book was released on 2015-07-20 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book to thematically investigate lying in the American legal system.
Book Synopsis Common Law, History, and Democracy in America, 1790-1900 by : Kunal M. Parker
Download or read book Common Law, History, and Democracy in America, 1790-1900 written by Kunal M. Parker and published by Cambridge University Press. This book was released on 2011-03-14 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues for a change in our understanding of the relationships among law, politics, and history. Since the turn of the nineteenth century, a certain anti-foundational conception of history has served to undermine law's foundations, such that we tend to think of law as nothing other than a species of politics. Thus viewed, the activity of unelected, common law judges appears to be an encroachment on the space of democracy. However, Kunal M. Parker shows that the world of the nineteenth century looked rather different. Democracy was itself constrained by a sense that history possessed a logic, meaning, and direction that democracy could not contravene. In such a world, far from law being seen in opposition to democracy, it was possible to argue that law - specifically, the common law - did a better job than democracy of guiding America along history's path.
Book Synopsis Originalism in American Law and Politics by : Johnathan O'Neill
Download or read book Originalism in American Law and Politics written by Johnathan O'Neill and published by JHU Press. This book was released on 2005-07-12 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains how the debate over originalism emerged from the interaction of constitutional theory, U.S. Supreme Court decisions, and American political development. Refuting the contention that originalism is a recent concoction of political conservatives like Robert Bork, Johnathan O'Neill asserts that recent appeals to the origin of the Constitution in Supreme Court decisions and commentary, especially by Justices Antonin Scalia and Clarence Thomas, continue an established pattern in American history. Originalism in American Law and Politics is distinguished by its historical approach to the topic. Drawing on constitutional commentary and treatises, Supreme Court and lower federal court opinions, congressional hearings, and scholarly monographs, O'Neill's work will be valuable to historians, academic lawyers, and political scientists.
Book Synopsis The Growth of American Law by : James Willard Hurst
Download or read book The Growth of American Law written by James Willard Hurst and published by The Lawbook Exchange, Ltd.. This book was released on 2007 with total page 516 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Lost World of Classical Legal Thought by : William M. Wiecek
Download or read book The Lost World of Classical Legal Thought written by William M. Wiecek and published by Oxford University Press, USA. This book was released on 2001 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines legal ideology in the US from the height of the Gilded Age through the time of the New Deal, when the Supreme Court began to discard orthodox thought in favour of more modernist approaches to law. Wiecek places this era of legal thought in its historical context, integrating social, economic, and intellectual analyses.
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 Americans Without Law by : Mark S. Weiner
Download or read book Americans Without Law written by Mark S. Weiner and published by NYU Press. This book was released on 2006-06 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: Americans Without Law shows how the racial boundaries of civic life are based on widespread perceptions about the relative capacity of minority groups for legal behavior, which Mark S. Weiner calls “juridical racialism.” The book follows the history of this civic discourse by examining the legal status of four minority groups in four successive historical periods: American Indians in the 1880s, Filipinos after the Spanish-American War, Japanese immigrants in the 1920s, and African Americans in the 1940s and 1950s. Weiner reveals the significance of juridical racialism for each group and, in turn, Americans as a whole by examining the work of anthropological social scientists who developed distinctive ways of understanding racial and legal identity, and through decisions of the U.S. Supreme Court that put these ethno-legal views into practice. Combining history, anthropology, and legal analysis, the book argues that the story of juridical racialism shows how race and citizenship served as a nexus for the professionalization of the social sciences, the growth of national state power, economic modernization, and modern practices of the self.
Book Synopsis Common Law and Natural Law in America by : Andrew Forsyth
Download or read book Common Law and Natural Law in America written by Andrew Forsyth and published by Cambridge University Press. This book was released on 2019-04-11 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents an ambitious narrative and fresh re-assessment of common law and natural law's varied interactions in America, 1630 to 1930.
Book Synopsis The Jurisprudence of Style by : Justin Desautels-Stein
Download or read book The Jurisprudence of Style written by Justin Desautels-Stein and published by Cambridge University Press. This book was released on 2018-02-22 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers a structuralist critique of the relationship between pragmatism and liberalism in American legal thought.
Book Synopsis Freedom and Criminal Responsibility in American Legal Thought by : Thomas Andrew Green
Download or read book Freedom and Criminal Responsibility in American Legal Thought written by Thomas Andrew Green and published by Cambridge University Press. This book was released on 2014-10-27 with total page 519 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the first full-length study of twentieth-century American legal academics wrestling with the problem of free will versus determinism in the context of criminal responsibility, this book deals with one of the most fundamental problems in criminal law. Thomas Andrew Green chronicles legal academic ideas from the Progressive Era critiques of free will-based (and generally retributive) theories of criminal responsibility to the midcentury acceptance of the idea of free will as necessary to a criminal law conceived of in practical moral-legal terms that need not accord with scientific fact to the late-in-century insistence on the compatibility of scientific determinism with moral and legal responsibility and with a modern version of the retributivism that the Progressives had attacked. Foregrounding scholars' language and ideas, Green invites readers to participate in reconstructing an aspect of the past that is central to attempts to work out bases for moral judgment, legal blame, and criminal punishment.
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.
Book Synopsis Jurisprudence ; Realism in Theory and Practice by : Karl Nickerson Llewellyn
Download or read book Jurisprudence ; Realism in Theory and Practice written by Karl Nickerson Llewellyn and published by . This book was released on 1971 with total page 531 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Decline of Natural Law by : Stuart Banner
Download or read book The Decline of Natural Law written by Stuart Banner and published by Oxford University Press. This book was released on 2021-04-01 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: An account of a fundamental change in American legal thought, from a conception of law as something found in nature to one in which law is entirely a human creation. Before the late 19th century, natural law played an important role in the American legal system. Lawyers routinely used it in their arguments and judges often relied upon it in their opinions. Today, by contrast, natural law plays virtually no role in the legal system. When natural law was part of a lawyer's toolkit, lawyers thought of judges as finders of the law, but when natural law dropped out of the legal system, lawyers began thinking of judges as makers of the law instead. In The Decline of Natural Law, the eminent legal historian Stuart Banner explores the causes and consequences of this change. To do this, Banner discusses the ways in which lawyers used natural law and why the concept seemed reasonable to them. He further examines several long-term trends in legal thought that weakened the position of natural law, including the use of written constitutions, the gradual separation of the spheres of law and religion, the rapid growth of legal publishing, and the position of natural law in some of the 19th century's most contested legal issues. And finally, he describes both the profession's rejection of natural law in the late 19th and early 20th centuries and the ways in which the legal system responded to the absence of natural law. The first book to explain how natural law once worked in the American legal system, The Decline of Natural Law offers a unique look into how and why this major shift in legal thought happened, and focuses, in particular, on the shift from the idea that law is something we find to something we make.