Sociological Jurisprudence And Realist Theories Of Law

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Jurisprudence

Author : Karl Llewellyn
Publisher : Routledge
ISBN 13 : 1351510398
Total Pages : 549 pages
Book Rating : 4.3/5 (515 download)

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Book Synopsis Jurisprudence by : Karl Llewellyn

Download or read book Jurisprudence written by Karl Llewellyn and published by Routledge. This book was released on 2017-09-04 with total page 549 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jurisprudence: Realism in Theory and Practice compiles many of Llewellyn's most important writings. For his time, the thirties through the fifties, Llewellyn offered fresh approaches to the study of law and society. Although these writings might not seem innovative today, because they have become widely applied in the contemporary world, they remain a testament to his. The ideas he advanced many decades ago have now become commonplace among contemporary jurisprudence scholars as well as social scientists studying law and legal issues.Legal realism, the ground of Llewellyn's theory, attempts to contextualize the practice of law. Its proponents argue that a host of extra-legal factors--social, cultural, historical, and psychological, to name a few--are at least as important in determining legal outcomes as are the rules and principles by which the legal system operates. Oliver Wendell Holmes, Jr., book, The Common Law, is regarded as the founder of legal realism. Holmes stated that in order to truly understand the workings of law, one must go beyond technical (or logical) elements entailing rules and procedures. The life of the law is not only that which is embodied in statutes and court decisions guided by procedural law. Law is just as much about experience: about flesh-and-blood human beings doings things together and making decisions.Llewellyn's version of legal realism was heavily influenced by Pound and Holmes. The distinction between ""law in books"" and ""law in action"" is an acknowledgement of the gap that exists between law as embodied in criminal, civil, and administrative code books, and law. A fully formed legal realism insists on studying the behavior of legal practitioners, including their practices, habits, and techniques of action as well as decision-making about others. This classic studyis a foremosthistorical work on legal theory, and is essential for understanding the roots of this influential perspective.

Research Handbook on Modern Legal Realism

Author : Shauhin Talesh
Publisher : Edward Elgar Publishing
ISBN 13 : 1788117778
Total Pages : 544 pages
Book Rating : 4.7/5 (881 download)

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Book Synopsis Research Handbook on Modern Legal Realism by : Shauhin Talesh

Download or read book Research Handbook on Modern Legal Realism written by Shauhin Talesh and published by Edward Elgar Publishing. This book was released on 2021-03-26 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful Research Handbook provides a definitive overview of the New Legal Realism (NLR) movement, reaching beyond historical and national boundaries to form new conversations. Drawing on deep roots within the law-and-society tradition, it demonstrates the powerful virtues of new legal realist research and its attention to the challenges of translation between social science and law. It explores an impressive range of contemporary issues including immigration, policing, globalization, legal education, and access to justice, concluding with and examination of how different social science disciplines intersect with NLR.

Realistic Socio-legal Theory

Author : Brian Z. Tamanaha
Publisher : Oxford University Press
ISBN 13 : 9780198265603
Total Pages : 304 pages
Book Rating : 4.2/5 (656 download)

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Book Synopsis Realistic Socio-legal Theory by : Brian Z. Tamanaha

Download or read book Realistic Socio-legal Theory written by Brian Z. Tamanaha and published by Oxford University Press. This book was released on 1997 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Combining philosophical pargmatism with a methodological foundation, Tamanaha formulates a framework for a realistic approach to socio-legal theory. The strengths of this approach are contrasted with that of the major schools of socio-legal theory by application to core issues in this area.Thus Tamanaha explores the problematic state of socio-legal studies, the relationship between behaviour and meaning, the notion of legal ideology, the problem of indeterminacy in rule following and application, and the structure of judicial decision making. These issues are tackled in a clear andconcise fashion while articulating a social theory of law which draws equally from legal theory and socio-legal theory.

Legal Realism and Justice

Author : Edwin Norman Garlan
Publisher :
ISBN 13 :
Total Pages : 186 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Legal Realism and Justice by : Edwin Norman Garlan

Download or read book Legal Realism and Justice written by Edwin Norman Garlan and published by . This book was released on 1941 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: Clarifies the historical continuity of American legal realism through a study of juristic writings from the first half of the 20th century and of writers who are clearly recognized as leaders or followers of realism. The study also shows that American legal realism is not an integrated philosophy of law and that many of its leaders and followers have divergent or incompatible theories about law.

Sociological Jurisprudence

Author : Roger Cotterrell
Publisher : Routledge
ISBN 13 : 1351683233
Total Pages : 429 pages
Book Rating : 4.3/5 (516 download)

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Book Synopsis Sociological Jurisprudence by : Roger Cotterrell

Download or read book Sociological Jurisprudence written by Roger Cotterrell and published by Routledge. This book was released on 2017-12-06 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a unified set of arguments about the nature of jurisprudence and its relation to the jurist’s role. It explores contemporary challenges that create a need for social scientific perspectives in jurisprudence, and it shows how sociological resources can and should be used in considering juristic issues. Its overall aim is to redefine the concept of sociological jurisprudence and outline a new agenda for this. Supporting this agenda, the book elaborates a distinctive juristic perspective that recognises law’s diversity of cultural meanings, its extending transnational reach, its responsibilities to reflect popular aspirations for justice and security, and its integrative tasks as a general resource of regulation for society as a whole and for the individuals who interact under law’s protection. Drawing on and extending the author’s previous work, the book will be essential reading for students, researchers and academics working in jurisprudence, law and society, socio-legal studies, sociology of law, and comparative legal studies.

The New Legal Realism: Volume 1

Author : Elizabeth Mertz
Publisher : Cambridge University Press
ISBN 13 : 9781107415539
Total Pages : 0 pages
Book Rating : 4.4/5 (155 download)

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Book Synopsis The New Legal Realism: Volume 1 by : Elizabeth Mertz

Download or read book The New Legal Realism: Volume 1 written by Elizabeth Mertz and published by Cambridge University Press. This book was released on 2017-05-11 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first of two volumes announcing the emergence of the new legal realism as a field of study. At a time when the legal academy is turning to social science for new approaches, these volumes chart a new course for interdisciplinary research by synthesizing law on the ground, empirical research, and theory. Volume 1 lays the groundwork for this novel and comprehensive approach with an innovative mix of theoretical, historical, pedagogical, and empirical perspectives. Their empirical work covers such wide-ranging topics as the financial crisis, intellectual property battles, the legal disenfranchisement of African-American landowners, and gender and racial prejudice on law school faculties. The methodological blueprint offered here will be essential for anyone interested in the future of law-and-society.

The Cambridge Companion to Legal Positivism

Author : Torben Spaak
Publisher : Cambridge University Press
ISBN 13 : 1108427677
Total Pages : 807 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis The Cambridge Companion to Legal Positivism by : Torben Spaak

Download or read book The Cambridge Companion to Legal Positivism written by Torben Spaak and published by Cambridge University Press. This book was released on 2021-02-04 with total page 807 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book brings together 33 state-of-the-art chapters on the import and the pros and cons of legal positivism.

A Realistic Theory of Law

Author : Brian Z. Tamanaha
Publisher : Cambridge University Press
ISBN 13 : 1107188423
Total Pages : 211 pages
Book Rating : 4.1/5 (71 download)

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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.

Jurisprudence ; Realism in Theory and Practice

Author : Karl Nickerson Llewellyn
Publisher :
ISBN 13 :
Total Pages : 531 pages
Book Rating : 4.:/5 (848 download)

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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:

The Scope and Purpose of Sociological Jurisprudence

Author : Roscoe Pound
Publisher :
ISBN 13 :
Total Pages : 94 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis The Scope and Purpose of Sociological Jurisprudence by : Roscoe Pound

Download or read book The Scope and Purpose of Sociological Jurisprudence written by Roscoe Pound and published by . This book was released on 1911 with total page 94 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Social Control Through Law

Author : Roscoe Pound
Publisher : Routledge
ISBN 13 : 1351490419
Total Pages : 100 pages
Book Rating : 4.3/5 (514 download)

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Book Synopsis Social Control Through Law by : Roscoe Pound

Download or read book Social Control Through Law written by Roscoe Pound and published by Routledge. This book was released on 2017-07-05 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt: Social Control Through Law is remarkable in manner and style. Roscoe Pound shows himself to be a jurist, philosopher, and scientist. For Pound, the subject matter of law involves examining manifestations of human nature which require social control to assert or realize individual expectations. Pound formulates a list of social-ethical principles, with a three-fold purpose. First, they are meant to identify and explain human claims, demands, or interests of a given social order. Second, they express what the majority of individuals in a given society want the law to do. Third, they are meant to guide the courts in applying the law. Pound distinguishes between individual interests, public interests, and social interests. He warns that these three types of interests are overlapping and interdependent and that most claims, demands, and desires can be placed in all three categories. Pound's theory of social interests is crucial to his thinking about law and lies at the conceptual core of sociological jurisprudence. Pound explains that rights unlike interests, are plagued with a multiplicity of meanings. He rejects the idea of rights as being natural or inalienable, and argues that to the contrary, interests are natural. The contemporary significance of the book is aptly demonstrated by the skyrocketing rate of litigation in our postmodern society. As the influence of familial and religious institutions declines, the courts exert an unprecedented degree of control over the public and private lives of most Americans. Law is now the paramount agency of social control. In the new introduction, A. Javier TreviNo outlines the principal aspects of Roscoe Pound's legal philosophy as it is conveyed in several of his books, articles, and addresses, and shows their relationship to Social Control Through Law. This book is an insightful, concise summary of Pound's ideas that, after more than half a century, remains surprisingly fresh and relevant. It will doubtlessly continue to engage jurists, legal theorists, and sociologists for many years to come.

Russian Legal Realism

Author : Bartosz Brożek
Publisher : Springer
ISBN 13 : 3319988212
Total Pages : 176 pages
Book Rating : 4.3/5 (199 download)

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Book Synopsis Russian Legal Realism by : Bartosz Brożek

Download or read book Russian Legal Realism written by Bartosz Brożek and published by Springer. This book was released on 2019-01-07 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume explores ideas of legal realism which emerge through the works of Russian legal philosophers. Apart from the well-known American and Scandinavian versions of legal realism, there also exists a Russian one: readers will discover fresh perspectives and that the collection of early twentieth century ideas on law discussed in Russia can be understood as a unified school of legal thought – as Russian legal realism. These chapters by renowned European and Eastern European legal philosophers add to ongoing discussions about the nature of law, especially in the context of developments around our scientific knowledge about the mind and behaviour. Analyses of legal phenomena carried out by legal realists in Russia offer novel arguments in favour of embracing psychological and sociological perspectives on the law. The book includes analysis of the St. Petersburg school of legal philosophy and Leon Petrażycki’s psychological theory of law. This original and multifaceted research on Russian realists is of considerable value to an international audience. Researchers and postgraduate students of law, legal theory and legal ethics will find the book particularly appealing, but it will also interest those investigating the philosophy or sociology of law, or legal history.

Roscoe Pound and Karl Llewellyn

Author : N. E. H. Hull
Publisher : University of Chicago Press
ISBN 13 : 9780226360430
Total Pages : 382 pages
Book Rating : 4.3/5 (64 download)

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Book Synopsis Roscoe Pound and Karl Llewellyn by : N. E. H. Hull

Download or read book Roscoe Pound and Karl Llewellyn written by N. E. H. Hull and published by University of Chicago Press. This book was released on 1997 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: American legal history is traditionally viewed as a succession of discrete schools of thought or landmark court decisions, not as the work of individuals. Such an approach, however, hardly does justice to the lives of two of the foremost teachers and theorists of American jurisprudence. In Roscoe Pound and Karl Llwellyn: Searcbing for an American Jurisprudence, N. E. H. Hull reconstructs the historical, cultural, and intellectual context of the work of Pound and Llewellyn, bringing to light their private and public relationship as well as the diverse sources - from psychology to plant ecology to Icelandic sagas - they separately drew upon in making their contributions to the American legal tradition.

Jurisprudence for a Free Society

Author : Harold D. Lasswell
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004534253
Total Pages : 764 pages
Book Rating : 4.0/5 (45 download)

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Book Synopsis Jurisprudence for a Free Society by : Harold D. Lasswell

Download or read book Jurisprudence for a Free Society written by Harold D. Lasswell and published by Martinus Nijhoff Publishers. This book was released on 2023-12-28 with total page 764 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jurisprudence For a Free Society is a remarkable contribution to legal theory. In its comprehensiveness and systematic elaboration, it stands among the major theories. It is also the most important jurisprudential statement to emerge in the post-war period. The pioneering work of Lasswell and McDougal on law and policy is already legendary. Most of the work produced by these scholars together and in collaboration with their students represent applications of their basic theory to a wide assortment of international and national legal and policy problems. Now, for the first time, the authoritative statement of their legal philosophy appears as a single volume. In Part I the authors develop their fundamental criteria for a theory about law, including the requirements of clarifying observational standpoint, focus of inquiry and the pertinent intellectual tasks incumbent on the scholar and decisionmaker for determining and achieving common interests. Trends in theories about law, including Natural Law, the Historical School, Positivism, the Sociological Study of Law, American Legal Realism and other contemporary theories, are explored for what they might contribute to the achievement to the authors' conception of an adequate jurisprudence. The print edition is available as a set of two volumes (9780792309895).

Legal Realism and American Law

Author : Justin Zaremby
Publisher : Bloomsbury Publishing USA
ISBN 13 : 1441135723
Total Pages : 192 pages
Book Rating : 4.4/5 (411 download)

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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.

The Politics of Jurisprudence

Author : Roger B. M. Cotterrell
Publisher : University of Pennsylvania Press
ISBN 13 : 9780812213935
Total Pages : 300 pages
Book Rating : 4.2/5 (139 download)

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Book Synopsis The Politics of Jurisprudence by : Roger B. M. Cotterrell

Download or read book The Politics of Jurisprudence written by Roger B. M. Cotterrell and published by University of Pennsylvania Press. This book was released on 1992 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Selected byChoice magazine as an Outstanding Academic Title

Law and Society

Author : James J. Chriss
Publisher : SAGE Publications
ISBN 13 : 1544378750
Total Pages : 305 pages
Book Rating : 4.5/5 (443 download)

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Book Synopsis Law and Society by : James J. Chriss

Download or read book Law and Society written by James J. Chriss and published by SAGE Publications. This book was released on 2019-07-23 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text introduces students to the study of law from a sociological perspective by focusing on four themes: the relationship between law and society; law in everyday life; the role of race, class and gender in the legal system; and current political debates that are connected to law. While explaining the essentials elements of law, and drawing on scholarly literature and relevant cases, the author does not advocate for normative views on law and the legal system. The text compares laws across various societies, discusses international law, and demonstrates how the laws of certain countries affect those of others--providing readers with insights into the nature of law within any society.