The Modern Theories Of Jurisprudence

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Modern Theories of Justice

Author : Serge-Christophe Kolm
Publisher : MIT Press
ISBN 13 : 9780262611800
Total Pages : 540 pages
Book Rating : 4.6/5 (118 download)

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Book Synopsis Modern Theories of Justice by : Serge-Christophe Kolm

Download or read book Modern Theories of Justice written by Serge-Christophe Kolm and published by MIT Press. This book was released on 2002 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: This first book in English by Serge-Christophe Kolm provides an overview of his far-reaching vision of distributive justice. Kolm derives justice from considerations of rationality. Justice cannot be defined by one all-encompassing principle or set of a few principles. It has the general form of an equality of individuals' liberties in a broad sense, with different applications and specific adjustments when several liberties conflict or when everybody prefers another outcome.Kolm describes the theory of justice and presents and evaluates each of the various modern theories, principles, or criteria of justice. He shows how some complement each other, how some are unworkable, and how some could be rescued. The result is an intensive introduction to the general theory of justice for economists and noneconomists alike.

Jurisprudence

Author : Robert L. Hayman
Publisher : West Academic Publishing
ISBN 13 :
Total Pages : 1028 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Jurisprudence by : Robert L. Hayman

Download or read book Jurisprudence written by Robert L. Hayman and published by West Academic Publishing. This book was released on 2002 with total page 1028 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text presents cutting edge contemporary materials, as well as new chapters on Natural Law, Positivism, Gay Legal Rights and Critical Lawyering. The book offers comprehensive coverage of legal theory from traditional to current movements, including new materials on Legal Formalism, Legal Process, Latino Critical, and Queer Critical Theory. Also contains extensive readings and updated and amplified notes, questions, problems, and bibliographies.

The Modern Theories of Jurisprudence

Author : Karunamay Basu
Publisher :
ISBN 13 :
Total Pages : 656 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Modern Theories of Jurisprudence by : Karunamay Basu

Download or read book The Modern Theories of Jurisprudence written by Karunamay Basu and published by . This book was released on 1925 with total page 656 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Modern Legal Theory & Judicial Impartiality

Author : Ofer Raban
Publisher : Routledge
ISBN 13 : 1135311307
Total Pages : 150 pages
Book Rating : 4.1/5 (353 download)

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Book Synopsis Modern Legal Theory & Judicial Impartiality by : Ofer Raban

Download or read book Modern Legal Theory & Judicial Impartiality written by Ofer Raban and published by Routledge. This book was released on 2012-09-10 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that at the core of legal philosophys principal debates there is essentially one issue judicial impartiality. Keeping this issue to the forefront, Raban's approach sheds much light on many difficult and seemingly perplexing jurisprudential debates. Modern Legal Theory and Judicial Impartiality offers a fresh and penetrating examination of two of the most celebrated modern legal theorists: HLA Hart and Ronald Dworkin. The book explains the relations between these two scholars and other theorists and schools of thought (including Max Weber, Lon Fuller, and the law and economics movement), offering both novices and experts an innovative and lucid look at modern legal theory. The book is written in an engaging and conversational style, tackling highly sophisticated issues in a concise and accessible manner. Undergraduates in jurisprudence and legal theory, as well as more advanced readers, will find it clear and challenging.

Postmodern Legal Movements

Author : Gary Minda
Publisher : NYU Press
ISBN 13 : 0814761011
Total Pages : 363 pages
Book Rating : 4.8/5 (147 download)

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Book Synopsis Postmodern Legal Movements by : Gary Minda

Download or read book Postmodern Legal Movements written by Gary Minda and published by NYU Press. This book was released on 1996-05-01 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: A wide-ranging and comprehensive survey of modern legal scholarship and the evolution of law in America What do Catharine MacKinnon, the legacy of Brown v. Board of Education, and Lani Guinier have in common? All have, in recent years, become flashpoints for different approaches to legal reform. In the last quarter century, the study and practice of law have been profoundly influenced by a number of powerful new movements; academics and activists alike are rethinking the interaction between law and society, focusing more on the tangible effects of law on human lives than on its procedural elements. In this wide-ranging and comprehensive volume, Gary Minda surveys the current state of legal scholarship and activism, providing an indispensable guide to the evolution of law in America.

The Cambridge Companion to Natural Law Jurisprudence

Author : George Duke
Publisher : Cambridge University Press
ISBN 13 : 1107120519
Total Pages : 469 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis The Cambridge Companion to Natural Law Jurisprudence by : George Duke

Download or read book The Cambridge Companion to Natural Law Jurisprudence written by George Duke and published by Cambridge University Press. This book was released on 2017-06-16 with total page 469 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume brings together leading experts on natural law theory to provide perspectives on the nature and foundations of law.

Early Modern Natural Law Theories

Author : T. Hochstrasser
Publisher : Springer Science & Business Media
ISBN 13 : 1402015690
Total Pages : 364 pages
Book Rating : 4.4/5 (2 download)

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Book Synopsis Early Modern Natural Law Theories by : T. Hochstrasser

Download or read book Early Modern Natural Law Theories written by T. Hochstrasser and published by Springer Science & Business Media. This book was released on 2003-10-31 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection offers a timely opportunity to re-examine both the coherence of the concept of an ‘early Enlightenment’, and the specific contribution of natural law theories to its formation. It reassesses the work of major thinkers such as Grotius, Hobbes, Locke, Malebranche, Pufendorf and Thomasius, and evaluates the appeal and importance of the discourse of natural jurisprudence both to those working inside conventional educational and political structures and to those outside.

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.

Pure Theory of Law

Author : Hans Kelsen
Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 1584775785
Total Pages : 366 pages
Book Rating : 4.5/5 (847 download)

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Book Synopsis Pure Theory of Law by : Hans Kelsen

Download or read book Pure Theory of Law written by Hans Kelsen and published by The Lawbook Exchange, Ltd.. This book was released on 2005 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reprint of the second revised and enlarged edition, a complete revision of the first edition published in 1934. A landmark in the development of modern jurisprudence, the pure theory of law defines law as a system of coercive norms created by the state that rests on the validity of a generally accepted Grundnorm, or basic norm, such as the supremacy of the Constitution. Entirely self-supporting, it rejects any concept derived from metaphysics, politics, ethics, sociology, or the natural sciences. Beginning with the medieval reception of Roman law, traditional jurisprudence has maintained a dual system of "subjective" law (the rights of a person) and "objective" law (the system of norms). Throughout history this dualism has been a useful tool for putting the law in the service of politics, especially by rulers or dominant political parties. The pure theory of law destroys this dualism by replacing it with a unitary system of objective positive law that is insulated from political manipulation. Possibly the most influential jurisprudent of the twentieth century, Hans Kelsen [1881-1973] was legal adviser to Austria's last emperor and its first republican government, the founder and permanent advisor of the Supreme Constitutional Court of Austria, and the author of Austria's Constitution, which was enacted in 1920, abolished during the Anschluss, and restored in 1945. The author of more than forty books on law and legal philosophy, he is best known for this work and General Theory of Law and State. Also active as a teacher in Europe and the United States, he was Dean of the Law Faculty of the University of Vienna and taught at the universities of Cologne and Prague, the Institute of International Studies in Geneva, Harvard, Wellesley, the University of California at Berkeley, and the Naval War College. Also available in cloth.

General Theory of Law and State

Author : Hans Kelsen
Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 1584777176
Total Pages : 544 pages
Book Rating : 4.5/5 (847 download)

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Book Synopsis General Theory of Law and State by : Hans Kelsen

Download or read book General Theory of Law and State written by Hans Kelsen and published by The Lawbook Exchange, Ltd.. This book was released on 2009 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reprint of the first edition. This classic work by the important Austrian jurist is the fullest exposition of his enormously influential pure theory of law, which includes a theory of the state. It also has an extensive appendix that discusses the pure theory in comparison with the law of nature, positivism, historical natural law, metaphysical dualism and scientific-critical philosophy. "The scope of the work is truly universal. It never loses itself in vague generalities or in unconnected fragments of thought. On the contrary, precision in the formulation of details and rigorous system are characteristic features of the exposition: only a mind fully concentrated upon that logical structure can possibly follow Kelsen's penetrating analysis. Such a mind will not shrink from the effort necessary for acquainting itself with...the pure theory of law in its more general aspects, and will then pass over to the theory of the state which ends up with a carefully worked out theory of international law." Julius Kraft, American Journal of International Law 40 (1946):496.

The Modern Theories of Jurisprudence

Author : Karunamay Basu
Publisher :
ISBN 13 :
Total Pages : 234 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Modern Theories of Jurisprudence by : Karunamay Basu

Download or read book The Modern Theories of Jurisprudence written by Karunamay Basu and published by . This book was released on 1929 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt:

An Introduction to Property Theory

Author : Gregory S. Alexander
Publisher : Cambridge University Press
ISBN 13 : 1107375371
Total Pages : 247 pages
Book Rating : 4.1/5 (73 download)

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Book Synopsis An Introduction to Property Theory by : Gregory S. Alexander

Download or read book An Introduction to Property Theory written by Gregory S. Alexander and published by Cambridge University Press. This book was released on 2012-04-09 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book surveys the leading modern theories of property - Lockean, libertarian, utilitarian/law-and-economics, personhood, Kantian and human flourishing - and then applies those theories to concrete contexts in which property issues have been especially controversial. These include redistribution, the right to exclude, regulatory takings, eminent domain and intellectual property. The book highlights the Aristotelian human flourishing theory of property, providing the most comprehensive and accessible introduction to that theory to date. The book's goal is neither to cover every conceivable theory nor to discuss every possible facet of the theories covered. Instead, it aims to make the major property theories comprehensible to beginners, without sacrificing accuracy or sophistication. The book will be of particular interest to students seeking an accessible introduction to contemporary theories of property, but even specialists will benefit from the book's lucid descriptions of contemporary debates.

A General Jurisprudence of Law and Society

Author : Brian Z. Tamanaha
Publisher : Oxford Socio-Legal Studies
ISBN 13 : 9780199244669
Total Pages : 298 pages
Book Rating : 4.2/5 (446 download)

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Book Synopsis A General Jurisprudence of Law and Society by : Brian Z. Tamanaha

Download or read book A General Jurisprudence of Law and Society written by Brian Z. Tamanaha and published by Oxford Socio-Legal Studies. This book was released on 2001 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law is generally understood to be a mirror of society that functions to maintain social order. Focusing on this general understanding, this text conducts a survey of Western legal and social theories about law and its relationship within society.

Legal Modernism

Author : David Luban
Publisher : University of Michigan Press
ISBN 13 : 0472024116
Total Pages : 421 pages
Book Rating : 4.4/5 (72 download)

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Book Synopsis Legal Modernism by : David Luban

Download or read book Legal Modernism written by David Luban and published by University of Michigan Press. This book was released on 2010-05-06 with total page 421 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modernism in legal theory is no different from modernism in the arts: both respond to a cultural crisis, a sense that institutions and traditions have lost their validity. Some doubt the importance of the rule of law, others question the objectivity of legal reasoning. We have lost confidence in the justice of our legal institutions, and even in our very capacity to identify justice. Legal philosopher David Luban argues that we cannot escape the modernist predicament. Accusing contemporary legal theorists of evading rather than confronting the challenge of modernity, he offers important and original objections to pragmatism, traditionalism, and nihilism. He argues that only by weaving together the broken narrative and forgotten voices of history's victims can we come to appreciate the nature of justice in modern society. Calling a trial the embodiment of the law's self-criticism, Luban demonstrates the centrality of narrative by analyzing the trial of Martin Luther King, the Nuremberg trials, and trial scenes in Homer, Hesiod, and Aeschylus. With these examples, Luban explores several of the tensions that motivate much more contemporary legal theory: order versus justice, obedience versus resistance, statism versus communitarianism. ". . . an illuminating account of how contemporary legal theory can be understood as an expression of 'the modernist predicament' by exploring the analogy between modernism in the arts and modernism in law, politics, and philosophy. . . . a valuable critical discussion of modern legal theory." --Choice David Luban is Morton and Sophia Macht Professor of Law at the University of Maryland and Research Scholar at the Institute for Philosophy and Public Policy. His other books include Lawyers and Justice: An Ethical Study.

The Defence of Natural Law

Author : Charles Covell
Publisher : Springer
ISBN 13 : 134922359X
Total Pages : 298 pages
Book Rating : 4.3/5 (492 download)

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Book Synopsis The Defence of Natural Law by : Charles Covell

Download or read book The Defence of Natural Law written by Charles Covell and published by Springer. This book was released on 2016-07-27 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Defence of Natural Law comprises a study of the philosophies of law expounded by Lon L. Fuller, Michael Oakeshott, F.A. Hayek, Ronald Dworkin and John Finnis. The work of these theorists is situated in relation to the modern tradition in legal philosophy. In this way, it is demonstrated that the theorists adhered closely to the natural law standpoint in legal philosophy, while also defending the particular view of the proper functions of law and the state that distinguished the tradition of modern liberalism.

The Concept of Law

Author : Herbert Lionel Adolphus Hart
Publisher :
ISBN 13 :
Total Pages : 263 pages
Book Rating : 4.:/5 (159 download)

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Book Synopsis The Concept of Law by : Herbert Lionel Adolphus Hart

Download or read book The Concept of Law written by Herbert Lionel Adolphus Hart and published by . This book was released on 1986 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Natural Law Theory

Author : Tom Angier
Publisher : Cambridge University Press
ISBN 13 : 1108586392
Total Pages : 118 pages
Book Rating : 4.1/5 (85 download)

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Book Synopsis Natural Law Theory by : Tom Angier

Download or read book Natural Law Theory written by Tom Angier and published by Cambridge University Press. This book was released on 2021-09-16 with total page 118 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Section 1, I outline the history of natural law theory, covering Plato, Aristotle, the Stoics and Aquinas. In Section 2, I explore two alternative traditions of natural law, and explain why these constitute rivals to the Aristotelian tradition. In Section 3, I go on to elaborate a via negativa along which natural law norms can be discovered. On this basis, I unpack what I call three 'experiments in being', each of which illustrates the cogency of this method. In Section 4, I investigate and rebut two seminal challenges to natural law methodology, namely, the fact/value distinction in metaethics and Darwinian evolutionary biology. In Section 5, I then outline and criticise the 'new' natural law theory, which is an attempt to revise natural law thought in light of the two challenges above. I conclude, in Section 6, with a summary and some reflections on the prospects for natural law theory.