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Author : John Marshall Harlan
Publisher : Cambridge : Harvard University Press
ISBN 13 :
Total Pages : 352 pages
Book Rating : 4.:/5 (32 download)
Download or read book The Evolution of a Judicial Philosophy written by John Marshall Harlan and published by Cambridge : Harvard University Press. This book was released on 1969 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : John M. Harlan
Publisher :
ISBN 13 : 9780608101088
Total Pages : 341 pages
Book Rating : 4.1/5 (1 download)
Download or read book The Evolution of a Judicial Philosophy written by John M. Harlan and published by . This book was released on 1969 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : John Marshall Harlan
Publisher :
ISBN 13 :
Total Pages : 311 pages
Book Rating : 4.:/5 (468 download)
Download or read book The Evolution of a Judicial Philosophy written by John Marshall Harlan and published by . This book was released on 1969 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Stephen E. Gottlieb
Publisher : NYU Press
ISBN 13 : 9780814731284
Total Pages : 372 pages
Book Rating : 4.7/5 (312 download)
Download or read book Morality Imposed written by Stephen E. Gottlieb and published by NYU Press. This book was released on 2000-09 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: We like to think of judges and justices as making decisions based on the facts and the law. But to what extent do jurists decide cases in accordance with their own preexisting philosophy of law, and what specific ideological assumptions account for their decisions? Stephen E. Gottlieb adopts a unique perspective on the decision-making of Supreme Court justices, blending and re-characterizing traditional accounts of political philosophy in a way that plausibly explains many of the justices' voting patterns. A seminal study of the Rehnquist Court, Morality Imposed illustrates how, in contrast to previous courts which took their mandate to be a move toward a freer and/or happier society, the current court evidences little concern for this goal, focusing instead on thinly veiled moral judgments. Delineating a fault line between liberal and conservative justices on the Rehnquist Court, Gottlieb suggests that conservative justices have rejected the basic principles that informed post-New Deal individual rights jurisprudence and have substituted their own conceptions of moral character for these fundamental principles. Morality Imposed adds substantially to our understanding of the Supreme Court, its most recent cases, and the evolution of judicial philosophy in the U.S.
Author : Roscoe Pound
Publisher : Good Press
ISBN 13 :
Total Pages : 177 pages
Book Rating : 4.4/5 (57 download)
Download or read book An Introduction to the Philosophy of Law written by Roscoe Pound and published by Good Press. This book was released on 2019-11-21 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: "An Introduction to the Philosophy of Law" by Roscoe Pound. Published by Good Press. Good Press publishes a wide range of titles that encompasses every genre. From well-known classics & literary fiction and non-fiction to forgotten−or yet undiscovered gems−of world literature, we issue the books that need to be read. Each Good Press edition has been meticulously edited and formatted to boost readability for all e-readers and devices. Our goal is to produce eBooks that are user-friendly and accessible to everyone in a high-quality digital format.
Author : Beryl Harold Levy
Publisher : Transaction Publishers
ISBN 13 : 9781412817264
Total Pages : 192 pages
Book Rating : 4.8/5 (172 download)
Download or read book Anglo-American Philosophy of Law written by Beryl Harold Levy and published by Transaction Publishers. This book was released on with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: An account of successive legal theories in England and America against a background of the varieties of natural law in the ancient, medieval and modern worlds. The outcome in Legal Realism provides insight into contemporary issues in law and the judicial process and their relation to moral philosophy. As Levy shows, legal theory has always been inspired by forces outside the law in philosophy and politics. In England the philosophy of Utilitarianism as expounded by Bentham and Austin brought legal positivism into prominence as an alternative to natural law. In the United States the philosophy of pragmatism spearheaded by James and Dewey and shared by Justice Holmes gave the functional turn resulting in the movement of Legal Realism. After sketching the background of varieties of natural law in the ancient, medieval, and modern worlds, Levy presents leading figures and trends in England and the United States. The book is written so as to be intelligible to lawyers, philosophers, and students of cultural history and social science.
Author : Benjamin N. Cardozo
Publisher : Createspace Independent Pub
ISBN 13 : 9781481832205
Total Pages : 112 pages
Book Rating : 4.8/5 (322 download)
Download or read book The Nature of the Judicial Process written by Benjamin N. Cardozo and published by Createspace Independent Pub. This book was released on 2012-12-28 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Nature of the Judicial Process reflects the profound intellect of one of the most highly regarded jurists in American history. Despite its age, Justice Cardozo's classic treatise provides insights into the "real" workings of the judicial decision making process that remain relevant to a modern analysis of American jurisprudence. His exploration of the motivations, ideals, and even prejudices of judges serves to demystify this crucial aspect of the legal system. His insights into "legal realism" provide an appreciation of this judicial approach and offers an understanding of its underlying rationale, as well as an argument for its continued utility for modern jurists. Most importantly, he strives to make the judicial process comprehensible and, even, approachable to the non-practitioner of law, as well as law students, thus attempting to make public law, truly, "public." The book is a good introduction to law and its processes--and one of the best short books ever written about judicial philosophy.
Author : Larry May
Publisher : John Wiley & Sons
ISBN 13 : 1405183888
Total Pages : 649 pages
Book Rating : 4.4/5 (51 download)
Download or read book Philosophy of Law written by Larry May and published by John Wiley & Sons. This book was released on 2009-05-18 with total page 649 pages. Available in PDF, EPUB and Kindle. Book excerpt: Philosophy of Law provides a rich overview of the diverse theoretical justifications for our legal rules, systems, and practices. Utilizes the work of both classical and contemporary philosophers to illuminate the relationship between law and morality Introduces students to the philosophical underpinnings of International Law and its increasing importance as we face globalization Features concrete examples in the form of cases significant to the evolution of law Contrasts Anglo-American law with foreign institutions and practices such as those in China, Japan, India, Ireland and Canada Incorporates diverse perspectives on the philosophy of law ranging from canonical material to feminist theory, critical theory, postmodernism, and critical race theory
Author : E.F. Oeser
Publisher : Springer Science & Business Media
ISBN 13 : 9401715025
Total Pages : 212 pages
Book Rating : 4.4/5 (17 download)
Download or read book Evolution and Constitution written by E.F. Oeser and published by Springer Science & Business Media. This book was released on 2013-06-29 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work for the first time brings together case law and law based on norms. It offers the reader a survey and a new explanation of evolutionary emergence of social contracts and constitutions in the European history, and should help to build a bridge between 'two cultures', science and humanities. It is addressed to philosophers of law, historians of law, theorists of science and social scientists.
Author : Roscoe Pound
Publisher :
ISBN 13 : 1440070482
Total Pages : 318 pages
Book Rating : 4.4/5 (4 download)
Download or read book An Introduction to the Philosophy of Law written by Roscoe Pound and published by . This book was released on 2012 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Laurence H. Tribe
Publisher : Berkley
ISBN 13 :
Total Pages : 228 pages
Book Rating : 4.4/5 (91 download)
Download or read book God Save this Honorable Court written by Laurence H. Tribe and published by Berkley. This book was released on 1986 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Assesses the impact of the Supreme Court on our daily lives, looks at the results of previous appointments to the Court, and describes the Supreme Court's constitutional role.
Author : Wojciech Załuski
Publisher : Edward Elgar Publishing
ISBN 13 : 9781848444454
Total Pages : 0 pages
Book Rating : 4.4/5 (444 download)
Download or read book Evolutionary Theory and Legal Philosophy written by Wojciech Załuski and published by Edward Elgar Publishing. This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique book presents various ways in which evolutionary theory can contribute to the analysis of key legal-philosophical problems. Wojciech Zaluski explores three central questions; the ontological question - what is the nature of law?; the teleological-axiological question - what are the main values to be realized by law?; the normativity question, which has two aspects; normative: what explains the fact that legal norms provide reasons for action?, and motivational: what explains the fact that humans can be motivated by legal norms? It is argued that evolutionary theory suggests non-trivial answers to these questions, and that these answers can become the building blocks of a new - evolutionary - paradigm in legal philosophy. Being the first study entirely devoted to the analysis of fundamental legal-philosophical problems from the standpoint of evolutionary theory, this book is a must-read for graduate and postgraduate students, practitioners and philosophers in the field of legal philosophy.
Author : Robert H. Bork
Publisher : Simon and Schuster
ISBN 13 : 1439188866
Total Pages : 452 pages
Book Rating : 4.4/5 (391 download)
Download or read book The Tempting of America written by Robert H. Bork and published by Simon and Schuster. This book was released on 2009-11-24 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judge Bork shares a personal account of the Senate Judiciary Committee's hearing on his nomination as well as his view on politics versus the law. In The Tempting of America, one of our most distinguished legal minds offers a brilliant argument for the wisdom and necessity of interpreting the Constitution according to the “original understanding” of the Framers and the people for whom it was written. Widely hailed as the most important critique of the nation’s intellectual climate since The Closing of the American Mind, The Tempting of America illuminates the history of the Supreme Court and the underlying meaning of constitutional controversy. Essential to understanding the relationship between values and the law, it concludes with a personal account of Judge Bork’s chillingly emblematic experiences during the Senate Judiciary Committee’s hearing on his Supreme Court nomination.
Author : Michael Ruse
Publisher : Cambridge University Press
ISBN 13 : 0521117933
Total Pages : 283 pages
Book Rating : 4.5/5 (211 download)
Download or read book The Philosophy of Human Evolution written by Michael Ruse and published by Cambridge University Press. This book was released on 2012-01-12 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a unique discussion of human evolution from a philosophical viewpoint, covering such issues as religion, race and gender.
Author : Erhard Oeser
Publisher : Springer
ISBN 13 : 9789401715034
Total Pages : 212 pages
Book Rating : 4.7/5 (15 download)
Download or read book Evolution and Constitution written by Erhard Oeser and published by Springer. This book was released on 2014-03-14 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work for the first time brings together case law and law based on norms. It offers the reader a survey and a new explanation of evolutionary emergence of social contracts and constitutions in the European history, and should help to build a bridge between 'two cultures', science and humanities. It is addressed to philosophers of law, historians of law, theorists of science and social scientists.
Author : Robert T. Pennock
Publisher :
ISBN 13 :
Total Pages : 584 pages
Book Rating : 4.F/5 ( download)
Download or read book But is it Science? written by Robert T. Pennock and published by . This book was released on 2009 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The emotionally charged debate pitting creationism against evolution has been swirling since the publication of Charles Darwin's Origins of Species in 1859. The primary locus of controversy in the United States has been the courts, which have stepped in repeatedly to rule on the constitutionality of laws and policies regarding how each may be taught in the public schools. This fully updated anthology will inform readers about the history of the debate and bring philosophical clarity to the complex arguments on both sides."--BOOK JACKET.
Author : Charles F. Hobson
Publisher : University Press of Kansas
ISBN 13 : 0700610316
Total Pages : 272 pages
Book Rating : 4.7/5 (6 download)
Download or read book The Great Chief Justice written by Charles F. Hobson and published by University Press of Kansas. This book was released on 1996-09-06 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: John Marshall remains one of the towering figures in the landscape of American law. From the Revolution to the age of Jackson, he played a critical role in defining the "province of the judiciary" and the constitutional limits of legislative action. In this masterly study, Charles Hobson clarifies the coherence and thrust of Marshall's jurisprudence while keeping in sight the man as well as the jurist. Hobson argues that contrary to his critics, Marshall was no ideologue intent upon appropriating the lawmaking powers of Congress. Rather, he was deeply committed to a principled jurisprudence that was based on a steadfast devotion to a "science of law" richly steeped in the common law tradition. As Hobson shows, such jurisprudence governed every aspect of Marshall's legal philosophy and court opinions, including his understanding of judicial review. The chief justice, Hobson contends, did not invent judicial review (as many have claimed) but consolidated its practice by adapting common law methods to the needs of a new nation. In practice, his use of judicial review was restrained, employed almost exclusively against acts of the state legislatures. Ultimately, he wielded judicial review to prevent the states from undermining the power of a national government still struggling to establish sovereignty at home and respect abroad. No chief justice and only one associate justice (William Douglas) served longer on the Supreme Court. But, as Hobson clearly shows, Marshall's deserved place in the pantheon of great American jurists rests far more upon principles than longevity. This book better than any other tells us why that's true and worthy of our attention.
