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The Great Juristic Bazaar
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Book Synopsis The Great Juristic Bazaar by : William Twining
Download or read book The Great Juristic Bazaar written by William Twining and published by Routledge. This book was released on 2017-09-08 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt: Some law students find jurisprudence daunting, impersonal, dry and seemingly detached from practical affairs. William Twining believes that many jurists have been fascinating people struggling with questions that are both historically significant and relevant to contemporary issues. This book brings together previously published essays that centre on three related themes: reading Juristic texts, the role of narrative in law, and relations between theory and practice. Building on a pragmatic view of jurisprudence, the author explores different ways of reading and using Juristic texts, to set them in context, to bring them to life and to engage with the reader's own concerns. He applies this approach to throw fresh light on four familiar figures - Holmes, Bentham, Hart and Llewellyn. Challenging limited agendas and parochial points of view, Twining outlines a programme for a broad approach to legal theory in the context of globalization. He satirizes some bad habits in jurisprudence and explores in depth how stories can be seductive vehicles for cheating in legal contexts, yet are essential for making sense of disputes about fact or law.
Book Synopsis Law's Ethical, Global and Theoretical Contexts by : Upendra Baxi
Download or read book Law's Ethical, Global and Theoretical Contexts written by Upendra Baxi and published by Cambridge University Press. This book was released on 2015-10-22 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines contemporary perspectives on law through Twining's scholarly work and with a focus on ethical, global and theoretical contexts.
Book Synopsis General Jurisprudence by : William Twining
Download or read book General Jurisprudence written by William Twining and published by Cambridge University Press. This book was released on 2009-02-12 with total page 519 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores how globalisation influences the understanding of law. Adopting a broad concept of law and a global perspective, it critically reviews mainstream Western traditions of academic law and legal theory. Its central thesis is that most processes of so-called 'globalisation' take place at sub-global levels and that a healthy cosmopolitan discipline of law should encompass all levels of social relations and the legal ordering of these relations. It illustrates how the mainstream Western canon of jurisprudence needs to be critically reviewed and extended to take account of other legal traditions and cultures. Written by the one of the foremost scholars in the field, this important work presents an exciting alternative vision of jurisprudence. It challenges the traditional canon of legal theorists and guides the reader through a field undergoing seismic changes in the era of globalisation. This is essential reading for all students of jurisprudence and legal theory.
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 2016-05-03 with total page 535 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.
Book Synopsis Globalisation and Legal Theory by : William Twining
Download or read book Globalisation and Legal Theory written by William Twining and published by Cambridge University Press. This book was released on 2000-03 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: The text makes the case for a revival of general jurisprudence in response to globalisation.
Book Synopsis Jurisprudence in a Globalized World by : Jorge Luis Fabra-Zamora
Download or read book Jurisprudence in a Globalized World written by Jorge Luis Fabra-Zamora and published by Edward Elgar Publishing. This book was released on 2020-02-28 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading legal scholars and philosophers provide a breadth of perspectives and inspire stimulating debate around the transformations of jurisprudence in a globalized world. This innovative book considers modifications to jurisprudence’s methodological approaches driven by globalization, the concepts and theoretical tools required to account for putative new forms of legal phenomena, and normative issues relating to the legitimacy and democratic character of these legal orders.
Book Synopsis Jurist in Context by : William Twining
Download or read book Jurist in Context written by William Twining and published by Cambridge University Press. This book was released on 2019-02-14 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: A leading English jurist reflects on the development of his thoughts and writings in legal theory over sixty years.
Book Synopsis Jurisprudence for an Interconnected Globe by : Catherine Dauvergne
Download or read book Jurisprudence for an Interconnected Globe written by Catherine Dauvergne and published by Routledge. This book was released on 2018-04-27 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title was first published in 2003.This book explores the interaction of globalization and the development of law. The framework of the book is established by William Twining, who asks how legal concepts can be generalised within a variety of legal orders. This theme is taken up by a group of leading Australian scholars, who produce essays on international economic law, including financial regulation and human rights, and citizenship, migration and crime, under the headings Globalization and the Laws of Money, Globalization and the Laws of People, Globalization, Cultures and Comparisons. This collection marks an important step towards the construction of a jurisprudence for a connected, but still culturally diverse, globe.
Book Synopsis Analysis of Evidence by : Terence Anderson
Download or read book Analysis of Evidence written by Terence Anderson and published by Cambridge University Press. This book was released on 2005-07-11 with total page 437 pages. Available in PDF, EPUB and Kindle. Book excerpt: This extensively revised second edition is a rigorous introduction to the construction and criticism of arguments about questions of fact, and to the marshalling and evaluation of evidence at all stages of litigation. It covers the principles underlying the logic of proof; the uses and dangers of story-telling; standards for decision and the relationship between probabilities and proof; the chart method and other methods of analyzing and ordering evidence in fact-investigation, in preparing for trial, and in connection with other important decisions in legal processes and in criminal investigation and intelligence analysis. Most of the chapters in this new edition have been rewritten; the treatment of fact investigation, probabilities and narrative has been extended; and new examples and exercises have been added. Designed as a flexible tool for undergraduate and postgraduate courses on evidence and proof, students, practitioners and teachers alike will find this book challenging but rewarding.
Download or read book The Vantage of Law written by James Allan and published by Routledge. This book was released on 2016-02-17 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: The premise of this book is that a shift of vantage will help elucidate various important issues of law related to judging, to bills of rights and to more abstract questions of legal philosophy. The work begins by focussing on the jurisprudential issue of whether it is desirable to keep separate the demands of law and of morality and uses the device of changing vantages to elucidate the many issues that fall under that aegis. This is followed by a consideration of how judges ought to do their job when interpreting and whether the rule of law ideal differs from rule by judges. The last part of the book focuses explicitly on bills of rights. Building on the earlier parts, the author uses his device of shifting vantages to provide insights into how these instruments affect democratic decision-making and from which perspectives they will look attractive and unattractive. Written in a clear, accessible and engaging style, the book demonstrates that vantage point is a key criterion affecting how one understands and evaluates, firstly, some of the theoretical debates in jurisprudence and then, secondly, what judges are doing and whether a bill of rights is desirable or not.
Book Synopsis Rhetoric and The Rule of Law by : Neil MacCormick
Download or read book Rhetoric and The Rule of Law written by Neil MacCormick and published by OUP Oxford. This book was released on 2005-07-28 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is legal reasoning rationally persuasive, working within a discernible structure and using recognisable kinds of arguments? Does it belong to rhetoric in this sense, or to the domain of the merely 'rhetorical' in an adversative sense? Is there any reasonable certainty about legal outcomes in dispute-situations? If not, what becomes of the Rule of Law? Neil MacCormick's book tackles these questions in establishing an overall theory of legal reasoning which shows the essential part 'legal syllogism' plays in reasoning aimed at the application of law, while acknowledging that simple deductive reasoning, though always necessary, is very rarely sufficient to justify a decision. There are always problems of relevancy, classification or interpretation in relation to both facts and law. In justifying conclusions about such problems, reasoning has to be universalistic and yet fully sensitive to the particulars of specific cases. How is this possible? Is legal justification at this level consequentialist in character or principled and right-based? Both normative coherence and narrative coherence have a part to play in justification, and in accounting for the validity of arguments by analogy. Looking at such long-discussed subjects as precedent and analogy and the interpretative character of the reasoning involved, Neil MacCormick expands upon his celebrated Legal Reasoning and Legal Theory (OUP 1978 and 1994) and restates his 'institutional theory of law'.
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 Methodology of Legal Theory by : Michael Giudice
Download or read book The Methodology of Legal Theory written by Michael Giudice and published by Routledge. This book was released on 2017-07-05 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: The last decade has witnessed a particularly intensive debate over methodological issues in legal theory. The publication of Julie Dickson's Evaluation and Legal Theory (2001) was significant, as were collective returns to H.L.A. Hart's 'Postscript' to The Concept of Law. While influential articles have been written in disparate journals, no single collection of the most important papers exists. This volume - the first in a three volume series - aims not only to fill that gap but also propose a systematic agenda for future work. The editors have selected articles written by leading legal theorists, including, among others, Leslie Green, Brian Leiter, Joseph Raz, Ronald Dworkin, and William Twining, and organized under four broad categories: 1) problems and purposes of legal theory; 2) the role of epistemology and semantics in theorising about the nature of law; 3) the relation between morality and legal theory; and 4) the scope of phenomena a general jurisprudence ought to address.
Book Synopsis The Journal of Legal Pluralism and Unofficial Law 49/2004 by : Gordon R. Woodman
Download or read book The Journal of Legal Pluralism and Unofficial Law 49/2004 written by Gordon R. Woodman and published by LIT Verlag Münster. This book was released on 2005-12-15 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jon Unruh examines the role of a disordered and dysfunctional legal pluralism in Liberia's descent into internal armed conflict. Thoko Khaime considers the concepts of children's universal rights and their relationship to the social reality of living law in an African society. Abdulmumuni Oba discusses the jurisdiction and functioning of Area Courts in the state of Ilorin in the Federal Republic of Nigeria. Sue Farran examines the land law in the Pacific state of Vanuatu.
Book Synopsis Paradoxes of European Legal Integration by : Anne Lise Kjær
Download or read book Paradoxes of European Legal Integration written by Anne Lise Kjær and published by Routledge. This book was released on 2016-12-05 with total page 558 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on paradoxes and tensions of European legal integration, this book investigates four complex and inherently contradictory processes - constitutionalization and democratization, institution-building and market-making, cross-cultural communication and European discourse, and cultural exceptionalism and normalization - to offer a new framework for understanding contemporary European integration. The volume features contributions from some of the biggest names in European legal philosophy, to include Neil MacCormick, Yves Dezalay and Bryant Garth, Pierre Legrand, Heikki Mattila and David Nelken. It presents a timely, interdisciplinary approach to an important and topical area and will be of interest to those concerned with the place of socio-legal processes, language and culture in the continuous advancement of the EU project.
Book Synopsis Routledge Handbook of Socio-Legal Theory and Methods by : Naomi Creutzfeldt
Download or read book Routledge Handbook of Socio-Legal Theory and Methods written by Naomi Creutzfeldt and published by Routledge. This book was released on 2019-08-13 with total page 566 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on a range of approaches from the social sciences and humanities, this handbook explores theoretical and empirical perspectives that address the articulation of law in society, and the social character of the rule of law. The vast field of socio-legal studies provides multiple lenses through which law can be considered. Rather than seeking to define the field of socio-legal studies, this book takes up the experiences of researchers within the field. First-hand accounts of socio-legal research projects allow the reader to engage with diverse theoretical and methodological approaches within this fluid interdisciplinary area. The book provides a rich resource for those interested in deepening their understanding of the variety of theories and methods available when law is studied in its broadest social context, as well as setting those within the history of the socio-legal movement. The chapters consider multiple disciplinary lenses – including feminism, anthropology and sociology – as well as a variety of methodologies, including: narrative, visual and spatial, psychological, economic and epidemiological approaches. Moreover, these are applied in a range of substantive contexts such as online hate speech, environmental law, biotechnology, research in post-conflict situations, race and LGBT+ lawyers. The handbook brings together younger contributors and some of the best-known names in the socio-legal field. It offers a fresh perspective on the past, present and future of sociolegal studies that will appeal to students and scholars with relevant interests in a range of subjects, including law, sociology and politics. Chapter 7 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.
Book Synopsis Law as Institutional Normative Order by : Maksymilian Del Mar
Download or read book Law as Institutional Normative Order written by Maksymilian Del Mar and published by Routledge. This book was released on 2016-04-22 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: MacCormick's `Institutions of Law' is the culmination of a lifetime's work in legal theory by one of the world's most respected legal theorists. Featuring an impressive collection of contributions from well-known legal theorists from around the world, all of whom are familiar with MacCormick’s work, this collection provides a cutting edge account of the book’s significance.
