Practice Theory And Law

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Law and Development

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Author : Yong-Shik Lee
Publisher : Routledge
ISBN 13 : 1351368087
Total Pages : 199 pages
Book Rating : 4.3/5 (513 download)

Book Synopsis Law and Development by : Yong-Shik Lee

Download or read book Law and Development written by Yong-Shik Lee and published by Routledge. This book was released on 2018-10-03 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines the theory and practice of law and development. It reviews the evolution of law and development studies and presents a general theory of law and development. The general theory sets the conceptual parameters of "law" and "development" and explains the mechanisms by which law impacts development. In the second part, the book applies the general theory to analyze the development cases of South Korea and South Africa from legal and institutional perspectives. The book also adopts, for the first time, the law and development approaches to analyze the economic issues of the United States. It discusses why it is critical to develop the Analytical Law and Development Model or "ADM."

The Theory, Practice and Interpretation of Customary International Law

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Author : Panos Merkouris
Publisher : Cambridge University Press
ISBN 13 : 131651689X
Total Pages : 647 pages
Book Rating : 4.3/5 (165 download)

Book Synopsis The Theory, Practice and Interpretation of Customary International Law by : Panos Merkouris

Download or read book The Theory, Practice and Interpretation of Customary International Law written by Panos Merkouris and published by Cambridge University Press. This book was released on 2022-05-26 with total page 647 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides an in-depth study of the theory, history, practice, and interpretation of customary international law.

Practice and Theory in Comparative Law

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Author : Maurice Adams
Publisher : Cambridge University Press
ISBN 13 : 113953646X
Total Pages : 353 pages
Book Rating : 4.1/5 (395 download)

Book Synopsis Practice and Theory in Comparative Law by : Maurice Adams

Download or read book Practice and Theory in Comparative Law written by Maurice Adams and published by Cambridge University Press. This book was released on 2012-07-05 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: What does doing comparative law involve? Too often, explicit methodological discussions in comparative law remain limited to the level of pure theory, neglecting to test out critiques and recommendations on concrete issues. This book bridges this gap between theory and practice in comparative legal studies. Essays by both established and younger comparative lawyers reflect on the methodological challenges arising in their own work and in work in their area. Taken together, they offer clear recommendations for, and critical reflection on, a wide range of innovative comparative research projects.

International Law Theories

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Author : Andrea Bianchi
Publisher : Oxford University Press
ISBN 13 : 0191038229
Total Pages : 378 pages
Book Rating : 4.1/5 (91 download)

Book Synopsis International Law Theories by : Andrea Bianchi

Download or read book International Law Theories written by Andrea Bianchi and published by Oxford University Press. This book was released on 2016-11-10 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two fish are swimming in a pond. 'Do you know what?' the fish asks his friend. 'No, tell me.' 'I was talking to a frog the other day. And he told me that we are surrounded by water!' His friend looks at him with great scepticism: 'Water? Whats that? Show me some water!' International lawyers often find themselves focused on the practice of the law rather than the underlying theories. This book is an attempt to stir up 'the water' that international lawyers swim in. It analyses a range of theoretical approaches to international law and invites readers to engage with different ways of legal thinking in order to familiarize themselves with the water all around us, of which we hardly have any perception. The main aim of this book is to provide interested scholars, practitioners, and students of international law and other disciplines with an introduction to various international legal theories, their genealogies, and possible critiques. By providing an analytical approach to international legal theory, the book encourages readers to enhance their sensitivity to these different approaches and to consider how the presuppositions behind each theory affect analysis, research, and practice in international law. International Law Theories is intended to assist students, scholars, and practitioners in reflecting more generally about how knowledge is formed in the field.

THE PRACTICE OF JUSTICE

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Author : William H. Simon
Publisher : Harvard University Press
ISBN 13 : 9780674002753
Total Pages : 265 pages
Book Rating : 4.0/5 (27 download)

Book Synopsis THE PRACTICE OF JUSTICE by : William H. Simon

Download or read book THE PRACTICE OF JUSTICE written by William H. Simon and published by Harvard University Press. This book was released on 2000 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: William Simon, a legal theorist with experience in practice, here argues that the profession's standard approach to questions of legal ethics is incoherent and implausible, insisting the critical weakness is the style of judgment.

Legal Education

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Author : Mr Edward Phillips
Publisher : Ashgate Publishing, Ltd.
ISBN 13 : 1472412613
Total Pages : 305 pages
Book Rating : 4.4/5 (724 download)

Book Synopsis Legal Education by : Mr Edward Phillips

Download or read book Legal Education written by Mr Edward Phillips and published by Ashgate Publishing, Ltd.. This book was released on 2014-12-28 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: The importance of simulation in education, specifically in legal subjects, is here discussed and explored within this innovative collection. Demonstrating how simulation can be constructed and developed for learning, teaching and assessment, the text argues that simulation is a pedagogically valuable and practical tool in teaching the modern law curriculum. With contributions from law teachers within the UK, Australia, Hong Kong, South Africa and the USA, the authors draw on their experiences in teaching law in the areas of clinical legal education, legal process, evidence, criminal law, family law and employment law as well as teaching law to non-law students. They claim that simulation, as a form of experiential and problem-based learning, enables students to integrate the ‘classroom’ experience with the real world experiences they will encounter in their professional lives. This book will be of relevance not only to law teachers but university teachers generally, as well as those interested in legal education and the theory of law.

Aristotle and The Philosophy of Law: Theory, Practice and Justice

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Author : Liesbeth Huppes-Cluysenaer
Publisher : Springer Science & Business Media
ISBN 13 : 9400760310
Total Pages : 284 pages
Book Rating : 4.4/5 (7 download)

Book Synopsis Aristotle and The Philosophy of Law: Theory, Practice and Justice by : Liesbeth Huppes-Cluysenaer

Download or read book Aristotle and The Philosophy of Law: Theory, Practice and Justice written by Liesbeth Huppes-Cluysenaer and published by Springer Science & Business Media. This book was released on 2013-02-14 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book presents a new focus on the legal philosophical texts of Aristotle, which offers a much richer frame for the understanding of practical thought, legal reasoning and political experience. It allows understanding how human beings interact in a complex world, and how extensive the complexity is which results from humans’ own power of self-construction and autonomy. The Aristotelian approach recognizes the limits of rationality and the inevitable and constitutive contingency in Law. All this offers a helpful instrument to understand the changes globalisation imposes to legal experience today. The contributions in this collection do not merely pay attention to private virtues, but focus primarily on public virtues. They deal with the fact that law is dependent on political power and that a person can never be sure about the facts of a case or about the right way to act. They explore the assumption that a detailed knowledge of Aristotle's epistemology is necessary, because of the direct connection between Enlightened reasoning and legal positivism. They pay attention to the concept of proportionality, which can be seen as a precondition to discuss liberalism.

Legal Fictions in Theory and Practice

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Author : Maksymilian Del Mar
Publisher : Springer
ISBN 13 : 3319092324
Total Pages : 434 pages
Book Rating : 4.3/5 (19 download)

Book Synopsis Legal Fictions in Theory and Practice by : Maksymilian Del Mar

Download or read book Legal Fictions in Theory and Practice written by Maksymilian Del Mar and published by Springer. This book was released on 2015-03-11 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: This multi-disciplinary, multi-jurisdictional collection offers the first ever full-scale analysis of legal fictions. Its focus is on fictions in legal practice, examining and evaluating their roles in a variety of different areas of practice (e.g. in Tort Law, Criminal Law and Intellectual Property Law) and in different times and places (e.g. in Roman Law, Rabbinic Law and the Common Law). The collection approaches the topic in part through the discussion of certain key classical statements by theorists including Jeremy Bentham, Alf Ross, Hans Vaihinger, Hans Kelsen and Lon Fuller. The collection opens with the first-ever translation into English of Kelsen’s review of Vaihinger’s As If. The 17 chapters are divided into four parts: 1) a discussion of the principal theories of fictions, as above, with a focus on Kelsen, Bentham, Fuller and classical pragmatism; 2) a discussion of the relationship between fictions and language; 3) a theoretical and historical examination and evaluation of fictions in the common law; and 4) an account of fictions in different practice areas and in different legal cultures. The collection will be of interest to theorists and historians of legal reasoning, as well as scholars and practitioners of the law more generally, in both common and civil law traditions.

Environmental Justice

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Author : Barry E. Hill
Publisher : Environmental Law Institute
ISBN 13 : 9781585761241
Total Pages : 500 pages
Book Rating : 4.7/5 (612 download)

Book Synopsis Environmental Justice by : Barry E. Hill

Download or read book Environmental Justice written by Barry E. Hill and published by Environmental Law Institute. This book was released on 2009 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: Environmental risks and harms affect certain geographic areas and populations more than others. The environmental justice movement is aimed at having the public and private sectors address this disproportionate burden of risk and exposure to pollution in minority and/or low-income communities, and for those communities to be engaged in the decision-making processes. Environmental Justice provides an overview of this defining problem and explores the growth of the environmental justice movement. It analyzes the complex mixture of environmental laws and civil rights legal theories adopted in environmental justice litigation. Teachers will have online access to the more than 100 page Teachers Manual.

Virginia Family Law

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Author : Peter N. Swisher
Publisher :
ISBN 13 :
Total Pages : 989 pages
Book Rating : 4.:/5 (2 download)

Book Synopsis Virginia Family Law by : Peter N. Swisher

Download or read book Virginia Family Law written by Peter N. Swisher and published by . This book was released on 2002 with total page 989 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Visions of Sharīʿa

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Author : Ali-reza Bhojani
Publisher : BRILL
ISBN 13 : 9004413944
Total Pages : 240 pages
Book Rating : 4.0/5 (44 download)

Book Synopsis Visions of Sharīʿa by : Ali-reza Bhojani

Download or read book Visions of Sharīʿa written by Ali-reza Bhojani and published by BRILL. This book was released on 2019-11-11 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Visions of Sharīʿa offers the first broad examination of ways in which legal theory (uṣūl al-fiqh) within Twelver Shīʿī thought continues to be a forum for vibrant debates regarding the assumptions, epistemology and hermeneutics of Sharīʿa in contemporary Shīʿī thought.

Natural Law in Court

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Author : R. H. Helmholz
Publisher : Harvard University Press
ISBN 13 : 0674504615
Total Pages : 285 pages
Book Rating : 4.6/5 (745 download)

Book Synopsis Natural Law in Court by : R. H. Helmholz

Download or read book Natural Law in Court written by R. H. Helmholz and published by Harvard University Press. This book was released on 2015-06-08 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: The theory of natural law grounds human laws in the universal truths of God’s creation. Until very recently, lawyers in the Western tradition studied natural law as part of their training, and the task of the judicial system was to put its tenets into concrete form, building an edifice of positive law on natural law’s foundations. Although much has been written about natural law in theory, surprisingly little has been said about how it has shaped legal practice. Natural Law in Court asks how lawyers and judges made and interpreted natural law arguments in England, Europe, and the United States, from the beginning of the sixteenth century to the American Civil War. R. H. Helmholz sees a remarkable consistency in how English, Continental, and early American jurisprudence understood and applied natural law in cases ranging from family law and inheritance to criminal and commercial law. Despite differences in their judicial systems, natural law was treated across the board as the source of positive law, not its rival. The idea that no person should be condemned without a day in court, or that penalties should be proportional to the crime committed, or that self-preservation confers the right to protect oneself against attacks are valuable legal rules that originate in natural law. From a historical perspective, Helmholz concludes, natural law has advanced the cause of justice.

Definition in Theory and Practice

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Author : Roy Harris
Publisher : Bloomsbury Publishing
ISBN 13 : 1441176152
Total Pages : 249 pages
Book Rating : 4.4/5 (411 download)

Book Synopsis Definition in Theory and Practice by : Roy Harris

Download or read book Definition in Theory and Practice written by Roy Harris and published by Bloomsbury Publishing. This book was released on 2007-05-24 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: The problem of definition has a long history and has engaged the minds of some of the most eminent thinkers in the Western tradition, from Plato and Aristotle onwards. But it is also an everyday problem constantly confronting all who have to draft or interpret the countless texts on which modern society depends. Definition in Theory and Practice focuses on two areas where difficulties arise in a particularly acute form: lexicography and the law. Examining a wide range of approaches and definitional techniques, backed up by detailed analyses of dictionary entries and court cases, the authors provide a comprehensive survey of their subject. They argue that what underlies the problem of definition are conflicting assumptions about the way language functions. This in-depth study of definition will be of interest to academics researching lexicography, semantics and the intersection of linguistics and jurisprudence.

Theory and Practice in Essene Law

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Author : Aryeh Amihay
Publisher : Oxford University Press
ISBN 13 : 0190631015
Total Pages : 257 pages
Book Rating : 4.1/5 (96 download)

Book Synopsis Theory and Practice in Essene Law by : Aryeh Amihay

Download or read book Theory and Practice in Essene Law written by Aryeh Amihay and published by Oxford University Press. This book was released on 2017 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a novel approach for the study of law in the Judean Desert Scrolls, using the prism of legal theory. Following a couple of decades of scholarly consensus withdrawing from the "Essene hypothesis," it proposes to revive the term, and suggests employing it for the sectarian movement as a whole, while considering the group that lived in Qumran as the Yahad. It further proposes a new suggestion for the emergence of the Yahad, based on the roles of the Examiner and the Instructor in the two major legal codes, the Damascus Document and the Community Rule. The understanding of Essene law is divided into concepts and practices, in order to emphasize the discrepancy between creed, rhetoric, and practices. The abstract exploration of notions such as time, space, obligation, intention, and retribution, is then compared against the realities of social practices, including admission, initiation, covenant, leadership, reproof, and punishment. The legal analysis yields several new suggestions for the study of the scrolls: first, Amihay proposes to rename the two strands of thought of Jewish law, formerly referred to as "nominalism" and "realism," with the terms "legal essentialism" and "legal formalism." The two laws of admission in the Community Rule are distinguished as two different laws, one of an association for a group as a whole, the other as an admission of an individual. The law of reproof is proven to be an independent legal procedure, rather than a preliminary stage of prosecution. The methodological division in this study of thought and practice provides a nuanced approach for the study of law in general, and religious law in particular.

Logic in the Theory and Practice of Lawmaking

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Author : Michał Araszkiewicz
Publisher : Springer
ISBN 13 : 3319195751
Total Pages : 567 pages
Book Rating : 4.3/5 (191 download)

Book Synopsis Logic in the Theory and Practice of Lawmaking by : Michał Araszkiewicz

Download or read book Logic in the Theory and Practice of Lawmaking written by Michał Araszkiewicz and published by Springer. This book was released on 2015-10-05 with total page 567 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the current state of the art regarding the application of logical tools to the problems of theory and practice of lawmaking. It shows how contemporary logic may be useful in the analysis of legislation, legislative drafting and legal reasoning concerning different contexts of law making. Elaborations of the process of law making have variously emphasised its political, social or economic aspects. Yet despite strong interest in logical analyses of law, questions remains about the role of logical tools in law making. This volume attempts to bridge that gap, or at least to narrow it, drawing together some important research problems—and some possible solutions—as seen through the work of leading contemporary academics. The volume encompasses 20 chapters written by authors from 16 countries and it presents diversified views on the understanding of logic (from strict mathematical approaches to the informal, argumentative ones) and differentiated choices concerning the aspects of law making taken into account. The book presents a broad set of perspectives, insights and results into the emerging field of research devoted to the logical analysis of the area of creation of law. How does logic inform lawmaking? Are legal systems consistent and complete? How can legal rules be represented by means of formal calculi and visualization techniques? Does the structure of statutes or of legal systems resemble the structure of deductive systems? What are the logical relations between the basic concepts of jurisprudence that constitute the system of law? How are theories of legal interpretation relevant to the process of legislation? How might the statutory text be analysed by means of contemporary computer programs? These and other questions, ranging from the theoretical to the immediately practical, are addressed in this definitive collection.

Oxford Studies in Philosophy of Law: Volume 2

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Author : Leslie Green
Publisher : Oxford University Press, USA
ISBN 13 : 0199679835
Total Pages : 317 pages
Book Rating : 4.1/5 (996 download)

Book Synopsis Oxford Studies in Philosophy of Law: Volume 2 by : Leslie Green

Download or read book Oxford Studies in Philosophy of Law: Volume 2 written by Leslie Green and published by Oxford University Press, USA. This book was released on 2013-08-29 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Oxford Studies in the Philosophy of Law is an annual forum for new philosophical work on law. The essays range widely over general jurisprudence (the nature of law, adjudication, and legal reasoning), philosophical foundations of specific areas of law (from criminal to international law), and other philosophical topics relating to legal theory.

The Theory and Practice of Political Law

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Author : Gregory Tardi
Publisher :
ISBN 13 : 9780779873258
Total Pages : 768 pages
Book Rating : 4.8/5 (732 download)

Book Synopsis The Theory and Practice of Political Law by : Gregory Tardi

Download or read book The Theory and Practice of Political Law written by Gregory Tardi and published by . This book was released on 2015 with total page 768 pages. Available in PDF, EPUB and Kindle. Book excerpt: