The Theory Of Rules

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The Theory of Rules

Author : Karl N. Llewellyn
Publisher : University of Chicago Press
ISBN 13 : 0226487954
Total Pages : 165 pages
Book Rating : 4.2/5 (264 download)

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Book Synopsis The Theory of Rules by : Karl N. Llewellyn

Download or read book The Theory of Rules written by Karl N. Llewellyn and published by University of Chicago Press. This book was released on 2011-04 with total page 165 pages. Available in PDF, EPUB and Kindle. Book excerpt: Karl N. Llewellyn was one of the founders and major figures of legal realism, and his many keen insights have a central place in American law and legal understanding. Key to Llewellyn’s thinking was his conception of rules, put forward in his numerous writings and most famously in his often mischaracterized declaration that they are “pretty playthings.” Previously unpublished, The Theory of Rules is the most cogent presentation of his profound and insightful thinking about the life of rules. This book frames the development of Llewellyn’s thinking and describes the difference between what rules literally prescribe and what is actually done, with the gap explained by a complex array of practices, conventions, professional skills, and idiosyncrasies, most of which are devoted to achieving a law’s larger purpose rather than merely following the letter of a particular rule. Edited, annotated, and with an extensive analytic introduction by leading contemporary legal scholar Frederick Schauer, this rediscovered work contains material not found elsewhere in Llewellyn’s writings and will prove a valuable contribution to the existing literature on legal realism.

The Theory of Rules

Author : Karl N. Llewellyn
Publisher : University of Chicago Press
ISBN 13 : 0226487970
Total Pages : 168 pages
Book Rating : 4.2/5 (264 download)

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Book Synopsis The Theory of Rules by : Karl N. Llewellyn

Download or read book The Theory of Rules written by Karl N. Llewellyn and published by University of Chicago Press. This book was released on 2011-05-01 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: Karl N. Llewellyn was one of the founders and major figures of legal realism, and his many keen insights have a central place in American law and legal understanding. Key to Llewellyn’s thinking was his conception of rules, put forward in his numerous writings and most famously in his often mischaracterized declaration that they are “pretty playthings.” Previously unpublished, The Theory of Rules is the most cogent presentation of his profound and insightful thinking about the life of rules. This book frames the development of Llewellyn’s thinking and describes the difference between what rules literally prescribe and what is actually done, with the gap explained by a complex array of practices, conventions, professional skills, and idiosyncrasies, most of which are devoted to achieving a law’s larger purpose rather than merely following the letter of a particular rule. Edited, annotated, and with an extensive analytic introduction by leading contemporary legal scholar Frederick Schauer, this rediscovered work contains material not found elsewhere in Llewellyn’s writings and will prove a valuable contribution to the existing literature on legal realism.

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:

Theory of Legal Principles

Author : Humberto Avila
Publisher : Springer Science & Business Media
ISBN 13 : 1402058799
Total Pages : 154 pages
Book Rating : 4.4/5 (2 download)

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Book Synopsis Theory of Legal Principles by : Humberto Avila

Download or read book Theory of Legal Principles written by Humberto Avila and published by Springer Science & Business Media. This book was released on 2007-09-26 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the distinction between principles and rules so that they can be better understood and applied. It structures the distinction between principles and rules on different foundations than those jurisprudence ordinarily employs. It also proposes a new model to explain the normative species, which includes structured weighing on the application process while encompassing substantive criteria of justice in its argument.

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.

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.

Communication Rules

Author : Susan B. Shimanoff
Publisher : SAGE Publications, Incorporated
ISBN 13 :
Total Pages : 320 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Communication Rules by : Susan B. Shimanoff

Download or read book Communication Rules written by Susan B. Shimanoff and published by SAGE Publications, Incorporated. This book was released on 1980-02 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Abstract: A theory of effective human communication stressing the importance of rules is presented. The concept of rules provides a methodological focus for communications and linguistics research. The nature, structure, and function of rules are described as they apply to communicative conduct. The relationship between rules and behavior is examined. In addition, the following methods for inferring rules from behavior are investigated: self-reflection, survey, naturalistic observation, participant observation, quasi-experimentation, and experimentation. Specific ways in which rules may contribute to communications theory are discussed. Suggested research problems include the identification of communication rules, the construction of communications theories, the development of strategies for the recognition and use of rules, and the practical implications of rules theory and research. (nm).

Rational Rules

Author : Shaun Nichols
Publisher : Oxford University Press
ISBN 13 : 0192640194
Total Pages : 208 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis Rational Rules by : Shaun Nichols

Download or read book Rational Rules written by Shaun Nichols and published by Oxford University Press. This book was released on 2021-02-11 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Moral systems, like normative systems more broadly, involve complex mental representations. Rational Rules proposes that moral learning can be understood in terms of general-purpose rational learning procedures. Nichols argues that statistical learning can help answer a wide range of questions about moral thought: Why do people think that rules apply to actions rather than consequences? Why do people expect new rules to be focused on actions rather than consequences? How do people come to believe a principle of liberty, according to which whatever is not expressly prohibited is permitted? How do people decide that some normative claims hold universally while others hold only relative to some group? The resulting account has both empiricist and rationalist features: since the learning procedures are domain-general, the result is an empiricist theory of a key part of moral development, and since the learning procedures are forms of rational inference, the account entails that crucial parts of our moral system enjoy rational credentials. Moral rules can also be rational in the sense that they can be effective for achieving our ends, given our ecological settings. Rational Rules argues that at least some central components of our moral systems are indeed ecologically rational: they are good at helping us attain common goals. Nichols argues that the account might be extended to capture moral motivation as a special case of a much more general phenomenon of normative motivation. On this view, a basic form of rule representation brings motivation along automatically, and so part of the explanation for why we follow moral rules is that we are built to follow rules quite generally.

Game Theory and the Law

Author : Douglas G. Baird
Publisher : Harvard University Press
ISBN 13 : 9780674341111
Total Pages : 348 pages
Book Rating : 4.3/5 (411 download)

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Book Synopsis Game Theory and the Law by : Douglas G. Baird

Download or read book Game Theory and the Law written by Douglas G. Baird and published by Harvard University Press. This book was released on 1994 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first to apply the tools of game theory and information economics to advance our understanding of how laws work. Organized around the major solution concepts of game theory, it shows how such well known games as the prisoner's dilemma, the battle of the sexes, beer-quiche, and the Rubinstein bargaining game can illuminate many different kinds of legal problems. Game Theory and the Law highlights the basic mechanisms at work and lays out a natural progression in the sophistication of the game concepts and legal problems considered.

A Theory of Legal Sentences

Author : Manuel Atienza
Publisher : Springer Science & Business Media
ISBN 13 : 9400708483
Total Pages : 194 pages
Book Rating : 4.4/5 (7 download)

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Book Synopsis A Theory of Legal Sentences by : Manuel Atienza

Download or read book A Theory of Legal Sentences written by Manuel Atienza and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal statements are, according to the authors, the most basic elements of the law. Nevertheless they must be considered not only as the pieces of a puzzle, but also as the components of a dynamic and highly complex reality: the law of contemporary society. The book presents an analysis of the different types of legal statements (mandatory rules, principles, power-conferring rules, definitions, permissions, values and the rule of recognition) from a threeefold perspective, that is, considering their logical structure, their function in legal reasoning as reasons for action, and their connections with the interests and power relationships among the individuals and the social groups. The result is conceived as a first step in the building of a general theory of law designed not as an isolated discourse but as a decisive element for the dynamization of the legal culture.

The Concept of Law

Author : HLA Hart
Publisher : OUP Oxford
ISBN 13 : 0191630071
Total Pages : 390 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Concept of Law by : HLA Hart

Download or read book The Concept of Law written by HLA Hart and published by OUP Oxford. This book was released on 2012-10-25 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fifty years on from its original publication, HLA Hart's The Concept of Law is widely recognized as the most important work of legal philosophy published in the twentieth century, and remains the starting point for most students coming to the subject for the first time. In this third edition, Leslie Green provides a new introduction that sets the book in the context of subsequent developments in social and political philosophy, clarifying misunderstandings of Hart's project and highlighting central tensions and problems in the work.

The Theory, Practice and Interpretation of Customary International Law

Author : Panos Merkouris
Publisher : Cambridge University Press
ISBN 13 : 131651689X
Total Pages : 647 pages
Book Rating : 4.3/5 (165 download)

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Book Synopsis The Theory, Practice and Interpretation of Customary International Law by : Panos Merkouris

Download or read book The Theory, Practice and Interpretation of Customary International Law written by Panos Merkouris and published by Cambridge University Press. This book was released on 2022-05-26 with total page 647 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides an in-depth study of the theory, history, practice, and interpretation of customary international law.

Playing by the Rules

Author : Frederick Schauer
Publisher : Clarendon Press
ISBN 13 : 0191018740
Total Pages : 272 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Playing by the Rules by : Frederick Schauer

Download or read book Playing by the Rules written by Frederick Schauer and published by Clarendon Press. This book was released on 1991-08-22 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a philosophical but non-technical analysis of the very idea of a rule. Although focused somewhat on the role of rules in the legal system, it is also relevant to the place of rules in morality, religion, etiquette, games, language, and family governance. In both explaining the idea of a rule and making the case for taking rules seriously, the book is a departure both in scope and in perspective from anything that now exists.

The Theory and Practice of Political Law

Author : Gregory Tardi
Publisher :
ISBN 13 : 9780779873258
Total Pages : 768 pages
Book Rating : 4.8/5 (732 download)

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Book Synopsis The Theory and Practice of Political Law by : Gregory Tardi

Download or read book The Theory and Practice of Political Law written by Gregory Tardi and published by . This book was released on 2015 with total page 768 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Rules of Play

Author : Katie Salen Tekinbas
Publisher : MIT Press
ISBN 13 : 9780262240451
Total Pages : 680 pages
Book Rating : 4.2/5 (44 download)

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Book Synopsis Rules of Play by : Katie Salen Tekinbas

Download or read book Rules of Play written by Katie Salen Tekinbas and published by MIT Press. This book was released on 2003-09-25 with total page 680 pages. Available in PDF, EPUB and Kindle. Book excerpt: An impassioned look at games and game design that offers the most ambitious framework for understanding them to date. As pop culture, games are as important as film or television—but game design has yet to develop a theoretical framework or critical vocabulary. In Rules of Play Katie Salen and Eric Zimmerman present a much-needed primer for this emerging field. They offer a unified model for looking at all kinds of games, from board games and sports to computer and video games. As active participants in game culture, the authors have written Rules of Play as a catalyst for innovation, filled with new concepts, strategies, and methodologies for creating and understanding games. Building an aesthetics of interactive systems, Salen and Zimmerman define core concepts like "play," "design," and "interactivity." They look at games through a series of eighteen "game design schemas," or conceptual frameworks, including games as systems of emergence and information, as contexts for social play, as a storytelling medium, and as sites of cultural resistance. Written for game scholars, game developers, and interactive designers, Rules of Play is a textbook, reference book, and theoretical guide. It is the first comprehensive attempt to establish a solid theoretical framework for the emerging discipline of game design.

Natural Law in Court

Author : R. H. Helmholz
Publisher : Harvard University Press
ISBN 13 : 0674504615
Total Pages : 246 pages
Book Rating : 4.6/5 (745 download)

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Book Synopsis Natural Law in Court by : R. H. Helmholz

Download or read book Natural Law in Court written by R. H. Helmholz and published by Harvard University Press. This book was released on 2015-06-08 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: Natural-law theory grounds human laws in universal truths of God’s creation. The task of the judicial system was to build an edifice of positive law on natural law’s foundations. R. H. Helmholz shows how lawyers and judges made and interpreted natural law arguments in the West, and concludes that historically it has advanced the cause of justice.

A Theory of Discrimination Law

Author : Tarunabh Khaitan
Publisher : OUP Oxford
ISBN 13 : 0191066389
Total Pages : 272 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis A Theory of Discrimination Law by : Tarunabh Khaitan

Download or read book A Theory of Discrimination Law written by Tarunabh Khaitan and published by OUP Oxford. This book was released on 2015-05-21 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Marrying legal doctrine from five pioneering and conversant jurisdictions with contemporary political philosophy, this book provides a general theory of discrimination law. Part I gives a theoretically rigorous account of the identity and scope of discrimination law: what makes a legal norm a norm of discrimination law? What is the architecture of discrimination law? Unlike the approach popular with most textbooks, the discussion eschews list-based discussions of protected grounds, instead organising the doctrine in a clear thematic structure. This definitional preamble sets the agenda for the next two parts. Part II draws upon the identity and structure of discrimination law to consider what the point of this area of law is. Attention to legal doctrine rules out many answers that ideologically-entrenched writers have offered to this question. The real point of discrimination law, this Part argues, is to remove abiding, pervasive, and substantial relative group disadvantage. This objective is best defended on liberal rather than egalitarian grounds. Having considered its overall purpose, Part III gives a theoretical account of the duties imposed by discrimination law. A common definition of the antidiscrimination duty accommodates tools as diverse as direct and indirect discrimination, harassment, and reasonable accommodation. These different tools are shown to share a common normative concern and a single analytical structure. Uniquely in the literature, this Part also defends the imposition of these duties only to certain duty-bearers in specified contexts. Finally, the conditions under which affirmative action is justified are explained.