Structures Of Judicial Decision Making From Legal Formalism To Critical Theory

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Structures of Judicial Decision Making from Legal Formalism to Critical Theory

Author : Roy Lavon Brooks
Publisher :
ISBN 13 :
Total Pages : 396 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Structures of Judicial Decision Making from Legal Formalism to Critical Theory by : Roy Lavon Brooks

Download or read book Structures of Judicial Decision Making from Legal Formalism to Critical Theory written by Roy Lavon Brooks and published by . This book was released on 2005 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: To order a paperback version of this book, please click here. This is a general book on jurisprudence designed for both the novice and more experienced student, which makes it suitable for first-year law students. It is the first book to distinguish and connect traditional theories of judicial decision-making (e.g., legal formalism, textualism, legal realism, and legal process) with "critical process" (which is critical theory transformed from a theory of legal criticism into a theory of judicial decision-making). Brooks breaks new ground on several other fronts as well -- he employs an innovative framework that divides judicial decision-making models into the "logical method" and the "policy method;" offers a more nuanced conceptualization of judicial policy-formulation in which judges are seen as not only making policy, but also (and more typically) as discovering and vindicating policy; redefines "policy-making" in a manner that is different from our traditional understanding of the term; and synthesizes critical process into three judicial models: symmetrical, asymmetrical, and hybrid. The book is written in two parts. Part 1 (Traditional Process) discusses five major traditional judicial models, each reflective of either the logical method or the policy method. Part 1 ends with a synthesis of the traditional models (dividing them into three categories), which judges who have used the book find to be most useful. Part 2 (Critical Process) begins with a discussion of critical theory's central theme and operating elements and then transforms these features into a theory of outsider-oriented judicial decision making, something judges can actually use in deciding cases. Critical theory is thus transformed into "critical process."

Structures of Judicial Decision Making from Legal Formalism to Critical Theory (Paperback)

Author : Roy Lavon Brooks
Publisher :
ISBN 13 : 9781611633597
Total Pages : 0 pages
Book Rating : 4.6/5 (335 download)

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Book Synopsis Structures of Judicial Decision Making from Legal Formalism to Critical Theory (Paperback) by : Roy Lavon Brooks

Download or read book Structures of Judicial Decision Making from Legal Formalism to Critical Theory (Paperback) written by Roy Lavon Brooks and published by . This book was released on 2005 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the 2023 paperback printing of the book published in 2005. To see the hardcover version, please click here. This is a general book on jurisprudence designed for both the novice and more experienced student, which makes it suitable for first-year law students. It is the first book to distinguish and connect traditional theories of judicial decision-making (e.g., legal formalism, textualism, legal realism, and legal process) with "critical process" (which is critical theory transformed from a theory of legal criticism into a theory of judicial decision-making). Brooks breaks new ground on several other fronts as well -- he employs an innovative framework that divides judicial decision-making models into the "logical method" and the "policy method;" offers a more nuanced conceptualization of judicial policy-formulation in which judges are seen as not only making policy, but also (and more typically) as discovering and vindicating policy; redefines "policy-making" in a manner that is different from our traditional understanding of the term; and synthesizes critical process into three judicial models: symmetrical, asymmetrical, and hybrid. The book is written in two parts. Part 1 (Traditional Process) discusses five major traditional judicial models, each reflective of either the logical method or the policy method. Part 1 ends with a synthesis of the traditional models (dividing them into three categories), which judges who have used the book find to be most useful. Part 2 (Critical Process) begins with a discussion of critical theory's central theme and operating elements and then transforms these features into a theory of outsider-oriented judicial decision making, something judges can actually use in deciding cases. Critical theory is thus transformed into "critical process."

Philosophy of Law: A Very Short Introduction

Author : Raymond Wacks
Publisher : OUP Oxford
ISBN 13 : 0191510645
Total Pages : 152 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis Philosophy of Law: A Very Short Introduction by : Raymond Wacks

Download or read book Philosophy of Law: A Very Short Introduction written by Raymond Wacks and published by OUP Oxford. This book was released on 2014-02-27 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of law lies at the heart of our social and political life. Legal philosophy, or jurisprudence, explores the notion of law and its role in society, illuminating its meaning and its relation to the universal questions of justice, rights, and morality. In this Very Short Introduction Raymond Wacks analyses the nature and purpose of the legal system, and the practice by courts, lawyers, and judges. Wacks reveals the intriguing and challenging nature of legal philosophy with clarity and enthusiasm, providing an enlightening guide to the central questions of legal theory. In this revised edition Wacks makes a number of updates including new material on legal realism, changes to the approach to the analysis of law and legal theory, and updates to historical and anthropological jurisprudence. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.

The Critical Legal Studies Movement

Author : Roberto Mangabeira Unger
Publisher : Verso Books
ISBN 13 : 1781683417
Total Pages : 224 pages
Book Rating : 4.7/5 (816 download)

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Book Synopsis The Critical Legal Studies Movement by : Roberto Mangabeira Unger

Download or read book The Critical Legal Studies Movement written by Roberto Mangabeira Unger and published by Verso Books. This book was released on 2015-03-03 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Critical legal studies is the most important development in progressive thinking about law of the past half century. It has inspired the practice of legal analysis as institutional imagination, exploring, with the materials of the law, alternatives for society. The Critical Legal Studies Movement was written as the manifesto of the movement by its central figure. This new edition includes a revised version of the original text, preceded by an extended essay in which its author discusses what is happening now and what should happen next in legal thought.

Diversity Judgments

Author : Roy L. Brooks
Publisher : Cambridge University Press
ISBN 13 : 1108341411
Total Pages : 657 pages
Book Rating : 4.1/5 (83 download)

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Book Synopsis Diversity Judgments by : Roy L. Brooks

Download or read book Diversity Judgments written by Roy L. Brooks and published by Cambridge University Press. This book was released on 2022-03-17 with total page 657 pages. Available in PDF, EPUB and Kindle. Book excerpt: The US Supreme Court's legitimacy-its diminishing integrity and contribution to the good of society-is being questioned today like no other time in recent memory. Criticisms reflect the perspectives of both 'insiders' (straight white males) and 'outsiders' (mainly people of color, women, and the LGBTQ community). Neither perspective digs deep enough to get at the root of the Court's legitimacy problem, which is one of process. The Court's process of decision-making is antiquated and out of sync with a society that looks and thinks nothing like the America of the eighteenth century, when the process was first implemented. The current process marginalizes many Americans who have a right to feel disenfranchised. Leading scholar of jurisprudence Roy L. Brooks demonstrates how the Court can modernize and democratize its deliberative process, to be more inclusive of the values and life experiences of Americans who are not straight white males.

Losing Twice

Author : Emily M. Calhoun
Publisher : Oxford University Press
ISBN 13 : 0195399749
Total Pages : 185 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis Losing Twice by : Emily M. Calhoun

Download or read book Losing Twice written by Emily M. Calhoun and published by Oxford University Press. This book was released on 2011-04-06 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional 'losers' represent a thorny and longstanding problem in American constitutional law. Here, Emily Calhoun draws upon conflict resolution theory, political theory, and Habermasian discourse theory to argue that in such cases, the Court must work harder to avoid inflicting unnecessary harm on Constitutional losers.

Law and Self-Knowledge in the Talmud

Author : Ayelet Hoffmann Libson
Publisher : Cambridge University Press
ISBN 13 : 1108655971
Total Pages : 230 pages
Book Rating : 4.1/5 (86 download)

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Book Synopsis Law and Self-Knowledge in the Talmud by : Ayelet Hoffmann Libson

Download or read book Law and Self-Knowledge in the Talmud written by Ayelet Hoffmann Libson and published by Cambridge University Press. This book was released on 2018-05-17 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the emergence of self-knowledge as a determining legal consideration among the rabbis of Late Antiquity, from the third to the seventh centuries CE. Based on close readings of rabbinic texts from Palestine and Babylonia, Ayelet Hoffmann Libson highlights a unique and surprising development in Talmudic jurisprudence, whereby legal decision-making incorporated personal and subjective information. She examines the central legal role accorded to individuals' knowledge of their bodies and mental states in areas of law as diverse as purity laws, family law and the laws of Sabbath. By focusing on subjectivity and self-reflection, the Babylonian rabbis transformed earlier legal practices in a way that cohered with the cultural concerns of other religious groups in Late Antiquity. They developed sophisticated ideas about the inner self and incorporated these notions into their distinctive discourse of law.

A Guide to Civil Procedure

Author : Brooke Coleman
Publisher : NYU Press
ISBN 13 : 1479805939
Total Pages : 448 pages
Book Rating : 4.4/5 (798 download)

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Book Synopsis A Guide to Civil Procedure by : Brooke Coleman

Download or read book A Guide to Civil Procedure written by Brooke Coleman and published by NYU Press. This book was released on 2022-07-12 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book represents our efforts, and the efforts of our contributors, to center questions of inequality in the teaching, learning, and practice of civil procedure by shining a light on the ways in which civil procedure may privilege-or silence-voices in our courts"--

The Racial Glass Ceiling

Author : Roy Lavon Brooks
Publisher : Yale University Press
ISBN 13 : 0300223307
Total Pages : 255 pages
Book Rating : 4.3/5 (2 download)

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Book Synopsis The Racial Glass Ceiling by : Roy Lavon Brooks

Download or read book The Racial Glass Ceiling written by Roy Lavon Brooks and published by Yale University Press. This book was released on 2017-01-01 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cover -- Half Title -- Title -- Copyright -- Dedication -- Contents -- Preface -- Acknowledgments -- INTRODUCTION: A New Understanding of Racial Subordination -- ONE: The Spirit of Brown -- TWO: Juridical Subordination -- THREE: Race and Culture -- FOUR: Cultural Subordination Through Cultural Diversity -- EPILOGUE: Unrelenting Racial Progress -- Appendix A: Diagram of Main Arguments -- Appendix B: Post-Civil Rights Cases That Impede Racial Progress -- Notes -- Bibliography -- Index -- A -- B -- C -- D -- E -- F -- G -- H -- I -- J -- K -- L -- M -- N -- O -- P -- R -- S -- T -- U -- V -- W -- Y -- Z

Reproducing Racism

Author : Wendy Leo Moore
Publisher : Rowman & Littlefield
ISBN 13 : 9780742560062
Total Pages : 222 pages
Book Rating : 4.5/5 (6 download)

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Book Synopsis Reproducing Racism by : Wendy Leo Moore

Download or read book Reproducing Racism written by Wendy Leo Moore and published by Rowman & Littlefield. This book was released on 2008 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law schools serve as gateway institutions into one of the most politically powerful social fields: the profession of law. Reproducing Racism is an examination of white privilege and power in two elite United States law schools. Moore examines how racial structures, racialized everyday practices, and racial discourses function in law schools. Utilizing an ethnographic lens, Moore explores the historical construction of elite law schools as institutions that reinforce white privilege and therefore naturalize white political, social, and economic power.

Atonement and Forgiveness

Author : Roy L. Brooks
Publisher : University of California Press
ISBN 13 : 0520343409
Total Pages : 346 pages
Book Rating : 4.5/5 (23 download)

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Book Synopsis Atonement and Forgiveness by : Roy L. Brooks

Download or read book Atonement and Forgiveness written by Roy L. Brooks and published by University of California Press. This book was released on 2019-07-02 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: Roy L. Brooks reframes one of the most important, controversial, and misunderstood issues of our time in this far-reaching reassessment of the growing debate on black reparation. Atonement and Forgiveness shifts the focus of the issue from the backward-looking question of compensation for victims to a more forward-looking racial reconciliation. Offering a comprehensive discussion of the history of the black redress movement, this book puts forward a powerful new plan for repairing the damaged relationship between the federal government and black Americans in the aftermath of 240 years of slavery and another 100 years of government-sanctioned racial segregation. Key to Brooks's vision is the government's clear signal that it understands the magnitude of the atrocity it committed against an innocent people, that it takes full responsibility, and that it publicly requests forgiveness—in other words, that it apologizes. The government must make that apology believable, Brooks explains, by a tangible act that turns the rhetoric of apology into a meaningful, material reality, that is, by reparation. Apology and reparation together constitute atonement. Atonement, in turn, imposes a reciprocal civic obligation on black Americans to forgive, which allows black Americans to start relinquishing racial resentment and to begin trusting the government's commitment to racial equality. Brooks's bold proposal situates the argument for reparations within a larger, international framework—namely, a post-Holocaust vision of government responsibility for genocide, slavery, apartheid, and similar acts of injustice. Atonement and Forgiveness makes a passionate, convincing case that only with this spirit of heightened morality, identity, egalitarianism, and restorative justice can genuine racial reconciliation take place in America.

Taking Wrongs Seriously

Author : Elazar Barkan
Publisher : Stanford University Press
ISBN 13 : 9780804752251
Total Pages : 354 pages
Book Rating : 4.7/5 (522 download)

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Book Synopsis Taking Wrongs Seriously by : Elazar Barkan

Download or read book Taking Wrongs Seriously written by Elazar Barkan and published by Stanford University Press. This book was released on 2006 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: This multi-disciplinary collection examines the recent wave of political apologies for acts of past injustice.

Diversity Judgments

Author : Roy L. Brooks
Publisher : Cambridge University Press
ISBN 13 : 1108424325
Total Pages : 657 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Diversity Judgments by : Roy L. Brooks

Human Rights in Development, Volume 7

Author : George Ulrich
Publisher : BRILL
ISBN 13 : 9004208208
Total Pages : 459 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Human Rights in Development, Volume 7 by : George Ulrich

Download or read book Human Rights in Development, Volume 7 written by George Ulrich and published by BRILL. This book was released on 2021-11-29 with total page 459 pages. Available in PDF, EPUB and Kindle. Book excerpt: The present edition of the Human Rights in Development Yearbook is the thirteenth edition in this series. With this volume, the yearbook’s formal structure has shifted from that of a journal to a thematic anthology. The theme of this year’s volume is “Reparations: Redressing Past Wrongs”. The articles contained in the publication primarily stem from contributions prepared for a conference entitled “The Right to Compensation and Related Remedies for Racial Discrimination” that was hosted by the Danish Centre for Human Rights in April 2001. The conference was organised in anticipation of the World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance, which was held in Durban in September 2001. The publication consists of 15 articles divided into four main parts addressing the subjects of “Reparations at the National and Regional Levels”, “Precedence and Standing of International Law”, “The Moral and Social Aspects of Reparation” and “Reflections”. Human Rights in Development is the result of a joint research project born out of longstanding co-operation between the following research institutes and centres for human rights: the Christian Michelsen Institute, Bergen; the Danish Centre for Human Rights, Copenhagen; the Icelandic Human Rights Centre, Reykjavik; the Ludwig Boltzmann Institute of Human Rights, Vienna; the International Centre for Human Rights and Democratic Development, Montreal; the Netherlands Institute of Human Rights, Utrecht; the Norwegian Institute of Human Rights, Oslo; the Raoul Wallenberg Institute of Human Rights and Humanitarian Law, Lund and Åbo Academy University, Åbo.

Human Rights in Development Yearbook 2001

Author : George Ulrich
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041120304
Total Pages : 464 pages
Book Rating : 4.1/5 (23 download)

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Book Synopsis Human Rights in Development Yearbook 2001 by : George Ulrich

Download or read book Human Rights in Development Yearbook 2001 written by George Ulrich and published by Martinus Nijhoff Publishers. This book was released on 2003-01-01 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: Regime - The Austrian Case.

The Many Costs of Racism

Author : Joe R. Feagin
Publisher : Rowman & Littlefield
ISBN 13 : 0742511189
Total Pages : 257 pages
Book Rating : 4.7/5 (425 download)

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Book Synopsis The Many Costs of Racism by : Joe R. Feagin

Download or read book The Many Costs of Racism written by Joe R. Feagin and published by Rowman & Littlefield. This book was released on 2005 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is it like to be a black person in America today? The voices of middle class African Americans captured in this book will surprise those who think the era of racial discrimination is past. The Many Costs of Racism is a vivid account of the mental, physical health, and economic effects of everyday racism for Black Americans and of racism's high costs for all Americans. Drawing on well documented studies, it vividly portrays the damage done to individuals, families, and communities by stress from workplace discrimination. It shows the strong connection between discrimination and health problems, describing these as OcostsO above and beyond the economic trials of discrimination. The book is an ideal text, accessible to students in sociology, law, psychology, and medicine."

Beyond the Formalist-Realist Divide

Author : Brian Z. Tamanaha
Publisher : Princeton University Press
ISBN 13 : 1400831989
Total Pages : 265 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Beyond the Formalist-Realist Divide by : Brian Z. Tamanaha

Download or read book Beyond the Formalist-Realist Divide written by Brian Z. Tamanaha and published by Princeton University Press. This book was released on 2009-10-26 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: According to conventional wisdom in American legal culture, the 1870s to 1920s was the age of legal formalism, when judges believed that the law was autonomous and logically ordered, and that they mechanically deduced right answers in cases. In the 1920s and 1930s, the story continues, the legal realists discredited this view by demonstrating that the law is marked by gaps and contradictions, arguing that judges construct legal justifications to support desired outcomes. This often-repeated historical account is virtually taken for granted today, and continues to shape understandings about judging. In this groundbreaking book, esteemed legal theorist Brian Tamanaha thoroughly debunks the formalist-realist divide. Drawing from extensive research into the writings of judges and scholars, Tamanaha shows how, over the past century and a half, jurists have regularly expressed a balanced view of judging that acknowledges the limitations of law and of judges, yet recognizes that judges can and do render rule-bound decisions. He reveals how the story about the formalist age was an invention of politically motivated critics of the courts, and how it has led to significant misunderstandings about legal realism. Beyond the Formalist-Realist Divide traces how this false tale has distorted studies of judging by political scientists and debates among legal theorists. Recovering a balanced realism about judging, this book fundamentally rewrites legal history and offers a fresh perspective for theorists, judges, and practitioners of law.