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Realist Contracts
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Book Synopsis American Literary Realism and the Failed Promise of Contract by : Brook Thomas
Download or read book American Literary Realism and the Failed Promise of Contract written by Brook Thomas and published by Univ of California Press. This book was released on 2023-04-28 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in `1997.
Book Synopsis Scholars of Contract Law by : James Goudkamp
Download or read book Scholars of Contract Law written by James Goudkamp and published by Bloomsbury Publishing. This book was released on 2022-12-01 with total page 437 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a counter-balance to the traditional focus on judicial decisions by exploring the contribution of legal scholars to the development of private law. In the book the work of a selection of leading scholars of contract law from across the common law world, ranging from Sir Jeffrey Gilbert (1674–1726) to Professor Brian Coote (1929–2019), is addressed by legal historians and current scholars in the field. The focus is on the nature of the work produced by the scholars in question, important influences on their work, and the impact which that work in turn had on thinking about contract law. The book also includes an introductory chapter and an afterword by Professor William Twining that explore connections between the scholars and recurrent themes. The process of subjecting contract law scholarship to sustained analysis provides new insights into the intellectual development of contract law and reveals the central role played by scholars in that process. And by focusing attention on the work of influential contract scholars, the book serves to emphasise the importance of legal scholarship to the development of the common law more generally.
Book Synopsis The Realist Turn by : Douglas B. Rasmussen
Download or read book The Realist Turn written by Douglas B. Rasmussen and published by Springer Nature. This book was released on 2020-08-05 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: Douglas B. Rasmussen and Douglas J. Den Uyl maintain that a realist turn—namely, one in which the natural order is the basis for individual rights—is needed to bring about a proper understanding and defense of liberty. They argue that the critical character of individual rights results from their being tethered to metaphysical realism. After reprising their explanation and defense of natural rights, Rasmussen and Den Uyl explain metaphysical realism and defend it against neo-pragmatist objections. They show it to be a formidable and preferable alternative to epistemic constructivism and crucial for a suitable understanding of ideal theory.
Book Synopsis Politics in the Bargain by : Roy Kreitner
Download or read book Politics in the Bargain written by Roy Kreitner and published by . This book was released on 1997 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Legal Realism at Yale, 1927-1960 by : Laura Kalman
Download or read book Legal Realism at Yale, 1927-1960 written by Laura Kalman and published by UNC Press Books. This book was released on 2016-08-01 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: For more than one hundred years, Harvard's use of the case method of appellate opinions dominated legal education. Deploring the attempt to reduce law to an autonomous system of rules and principles, the realists at Yale developed a functional approach to the discipline--one that stressed the factual context of the case rather than the legal principles it raised, one that attempted to address issues of social policy by integrating law with the social sciences. Originally published 1986. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
Book Synopsis Contract Law Minimalism by : Jonathan Morgan
Download or read book Contract Law Minimalism written by Jonathan Morgan and published by Cambridge University Press. This book was released on 2013-11-07 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: Commercial contract law is in every sense optional given the choice between legal systems and law and arbitration. Its 'doctrines' are in fact virtually all default rules. Contract Law Minimalism advances the thesis that commercial parties prefer a minimalist law that sets out to enforce what they have decided - but does nothing else. The limited capacity of the legal process is the key to this 'minimalist' stance. This book considers evidence that such minimalism is indeed what commercial parties choose to govern their transactions. It critically engages with alternative schools of thought, that call for active regulation of contracts to promote either economic efficiency or the trust and co-operation necessary for 'relational contracting'. The book also necessarily argues against the view that private law should be understood non-instrumentally (whether through promissory morality, corrective justice, taxonomic rationality, or otherwise). It sketches a restatement of English contract law in line with the thesis.
Book Synopsis Defense Acquisitions: Realistic Business Cases needed to Execute Navy Shipbuilding Programs by :
Download or read book Defense Acquisitions: Realistic Business Cases needed to Execute Navy Shipbuilding Programs written by and published by DIANE Publishing. This book was released on 2007 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Navy is beset with long-standing problems that affect its ability to accomplish ambitious goals for its shipbuilding portfolio. Significant cost growth and long schedule delays are persistent problems. Making headway on these problems is essential in light of the serious budget pressures facing the nation. This testimony focuses on the following: (1) cost growth in shipbuilding; (2) acquisition approaches in the LPD 17, Littoral Combat Ship, DDG 1000, and CVN 78 programs; and (3) steps the Navy can take to improve its acquisition decision making, particularly the adoption of a knowledge-based framework. While GAO is making no new recommendations in this testimony, GAO has made numerous recommendations through the years to improve business cases for Navy acquisitions as well as other Department of Defense weapon acquisitions. The Department's acquisition policies largely incorporate these recommendations, but they have not been implemented on actual programs.
Book Synopsis Beyond Documentary Realism by : Cyrielle Garson
Download or read book Beyond Documentary Realism written by Cyrielle Garson and published by Walter de Gruyter GmbH & Co KG. This book was released on 2021-02-22 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book series CDE Studies invites monographs (and collections) on issues in contemporary Anglophone dramatic literature and theatre performance. The book series is dedicated to the analysis and renegotiation of contemporary writers and plays and their historical, political, formal, theoretical and methodological contexts.
Book Synopsis Legal Realism to Law in Action by : William Clune
Download or read book Legal Realism to Law in Action written by William Clune and published by Quid Pro Books. This book was released on 2021-12-16 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a book of papers and interviews about innovative law school courses developed by faculty of the Wisconsin Law School from 1950 to 1970 that forged a path from legal realism to law and social science. These courses took a “law in action” approach to the study of law which became a signature feature of the school’s tradition from that time to the present day. “The Legal Realists of the 1920s and 30s taught that the law that mattered was the law in action, as applied by ordinary officials and experienced by ordinary people. But they mostly failed to get their program adopted as part of professional education alongside the study of appellate cases. Only at Wisconsin—thanks to a cluster of great scholar-teachers in Willard Hurst, Frank Remington, Herman Goldstein, Stewart Macaulay, Bill Whitford, and their collaborators—has the Realist vision been fully and splendidly realized in law teaching. This is the story of that thrilling experiment.” — Robert W. Gordon, Professor of Law Emeritus, Stanford University; Chancellor Kent Professor Emeritus of Law and Legal History, Yale Law School “This book is a must read for anyone interested in the history of the law and society movement and the unique role that the University of Wisconsin Law School has played in that tradition. In a series of essays by and interviews of current and former Wisconsin law teachers, the creativity of Wisconsin’s challenge to the traditional legal academy comes alive.” — Lauren Edelman, Agnes Roddy Robb Professor of Law and Professor of Sociology, University of California, Berkeley "In a time when an increasing number of law schools characterize themselves as bastions of 'law in action,' this volume provides a bracing reminder of a more precise vision. That vision was rooted in the legal realist tradition during an earlier 'golden age' of sociolegal thought at the University of Wisconsin Law School. In this important book, we hear vivid accounts of the innovative law teaching during that time, which took realist discoveries seriously—in Contracts, Legal Process, Legal History, and Criminal Law.” — Elizabeth Mertz, Research Professor, American Bar Foundation; John and Rylla Bosshard Professor Emerita, UW-Madison Law School
Book Synopsis Legal Realism and American Law by : Justin Zaremby
Download or read book Legal Realism and American Law written by Justin Zaremby and published by Bloomsbury Publishing USA. This book was released on 2013-12-05 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the first part of the 20th century, a group of law scholars offered engaging, and occasionally disconcerting, views on the role of judges and the relationship between law and politics in the United States. These legal realists borrowed methods from the social sciences to carefully study the law as experienced by lawyers, judges, and average citizens and promoted a progressive vision for American law and society. Legal realism investigated the nature of legal reasoning, the purpose of law, and the role of judges. The movement asked questions which reshaped the study of jurisprudence and continue to drive lively debates about the law and politics in classrooms, courtrooms, and even the halls of Congress. This thorough analysis provides an introduction to the ideas, context, and leading personalities of legal realism. It helps situate an important movement in legal theory in the context of American politics and political thought and will be of great interest to students of judicial politics, American constitutional development, and political theory.
Book Synopsis Reconstructing American Legal Realism & Rethinking Private Law Theory by : Hanoch Dagan
Download or read book Reconstructing American Legal Realism & Rethinking Private Law Theory written by Hanoch Dagan and published by Oxford University Press. This book was released on 2013-09-19 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the myriad choices of interpretation judges face when confronted with rules and cases, legal realists are concerned with how these doctrinal materials carry over into judicial outcomes. What can explain past judicial behavior and predict its future course? How can law constrain judgments made by unelected judges? How can the distinction between law and politics be maintained despite the collapse of law's autonomy in its positivist rendition? In Reconstructing American Legal Realism & Rethinking Private Law Theory, Hanoch Dagan provides an innovative and useful interpretation of legal realism. He revives the legal realists' rich account of law as a growing institution accommodating three sets of constitutive tensions-power and reason, science and craft, and tradition and progress-and demonstrates how the major claims attributed to legal realism fit into this conception of law. Dagan seeks to rein in realist descendants who have become fixated on one aspect of the big picture, and to dispel the misconceptions that those gone astray represent the tradition accurately or that realism is now merely a historical signpost. He draws upon the realist texts of Oliver Wendell Holmes, Karl Llewellyn, and others to explain how legal realism offers important and unique jurisprudential insights that are not just a part of legal history, but are also relevant and useful for a contemporary understanding of legal theory. Building on this realist conception of law and enriching its texture, Dagan addresses more particular jurisprudential questions. He shows that the realist achievement in capturing law's irreducible complexity is crucial to the reinvigoration of legal theory as a distinct scholarly subject matter, and is also inspiring for a host of other, more specific theoretical topics, such as the rule of law, the autonomy and taxonomy of private law, the relationships between rights and remedies, and the pluralism and perfectionism that typify private law.
Book Synopsis A Realistic Theory of Law by : Brian Z. Tamanaha
Download or read book A Realistic Theory of Law written by Brian Z. Tamanaha and published by Cambridge University Press. This book was released on 2017-04-24 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book re-orients jurisprudence and develops an empirically informed theory of law that applies throughout history and across different societies.
Book Synopsis Critical Realism by : Justin Cruickshank
Download or read book Critical Realism written by Justin Cruickshank and published by Routledge. This book was released on 2003 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: An introduction to the difference that critical realism can make to contemporary social sciences, covering cultural studies, feminism, globalization, heterodox economics, education policy, the self and the 'underclass' debate.
Book Synopsis Doing Realist Research by : Nick Emmel
Download or read book Doing Realist Research written by Nick Emmel and published by SAGE. This book was released on 2018-06-18 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing together leading theorists, researchers and policy makers with expertise in using realist methods, this book is a definitive guide to putting realist methodologies into practice. Not just an overview of the field, this book looks to extend current debates and apply realist methods to new and practical challenges in social research. Featuring practical, worked examples of how to turn theory into evidence, it empowers readers not just to understand realist methods, but to use them. It will help readers: - Negotiate the complexity of relational systems - Understand the importance and relevance of cumulative theory - Address concerns over data sources and quality - Be flexible and creative in realist approaches - Produce useful evidence for policy. Sophisticated and globally minded, this book is the perfect addition to the ongoing development and application of realist methods across evaluation, synthesis, and social research.
Download or read book Aesthetic Realism written by Inês Morais and published by Springer. This book was released on 2019-05-13 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt: This compelling book defends realism concerning the aesthetic—in particular, concerning the aesthetic properties of works of art (including works of literature). Morais lucidly argues that art criticism, when referring to aesthetic properties, is referring not ultimately to the critic’s subjective reactions, but to genuine properties of the works. With a focus on contemporary discussion conducted in the analytic tradition, as well as on arguments by Hume and Kant, this book characterizes the debate in aesthetics and the philosophy of art concerning aesthetic realism, examining attacks on the objectivity of values, the ‘autonomy thesis’, and Hume’s sentimentalism. Considering and defusing scepticism concerning the significance of the ontological debate about aesthetic realism, Morais discusses two powerful attacks on aesthetic realism before defending the doctrine against them and providing a positive realist account of aesthetic properties.
Book Synopsis "We are All Realists Now ..." by : Norma Martin
Download or read book "We are All Realists Now ..." written by Norma Martin and published by . This book was released on 1984 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Implicit Dimensions of Contract by : David Campbell
Download or read book Implicit Dimensions of Contract written by David Campbell and published by Hart Publishing. This book was released on 2003-07-30 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the significance of implicit understandings and tacit expectations of the parties to different kinds of contractual agreements.
