Legal Theory As A Source

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Evaluation and Legal Theory

Author : Julie Dickson
Publisher : Bloomsbury Publishing
ISBN 13 : 1847313086
Total Pages : 161 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Evaluation and Legal Theory by : Julie Dickson

Download or read book Evaluation and Legal Theory written by Julie Dickson and published by Bloomsbury Publishing. This book was released on 2001-06-05 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: If Raz and Dworkin disagree over how law should be characterised,how are we, their jurisprudential public, supposed to go about adjudicating between the rival theories which they offer us? To what considerations would those theorists themselves appeal in order to convince us that their accounts of law are accurate and successful? Moreover, what is it that makes an account of law successful? Evaluation and Legal Theory tackles methodological or meta-theoretical issues such as these, and does so via attempting to answer the question: to what extent, and in what sense, must a legal theorist make value judgements about his data in order to construct a successful theory of law? Dispelling the obfuscatory myth that legal positivism seeks a 'value-free' account of law, the author attempts to explain and defend Joseph Razs position that evaluation is essential to successful legal theory, whilst refuting John Finnis and Ronald Dworkins contentions that the legal theorist must morally evaluate and morally justify the law in order to properly explain its nature. The book does not claim to solve the many mysteries of meta-legal theory but does seek to contribute to and engender rigorous and focused debate on this topic.

Studies in Islamic Legal Theory

Author : Bernard G. Weiss
Publisher : BRILL
ISBN 13 : 9789004120662
Total Pages : 488 pages
Book Rating : 4.1/5 (26 download)

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Book Synopsis Studies in Islamic Legal Theory by : Bernard G. Weiss

Download or read book Studies in Islamic Legal Theory written by Bernard G. Weiss and published by BRILL. This book was released on 2002 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contains ground-breaking studies on such matters as the early development of legal theory in Islam, the emergence of "us l al-fiqh," theory vis-a-vis practice, various controversies among Muslim theorists, the construction of juristic authority, reformist concepts, and the role of "qaw cid."

Legal Theories

Author : Marett Leiboff
Publisher :
ISBN 13 : 9780455242538
Total Pages : pages
Book Rating : 4.2/5 (425 download)

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Book Synopsis Legal Theories by : Marett Leiboff

Download or read book Legal Theories written by Marett Leiboff and published by . This book was released on 2014 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Research Handbook on Critical Legal Theory

Author : Emilios Christodoulidis
Publisher : Edward Elgar Publishing
ISBN 13 : 1786438895
Total Pages : 561 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis Research Handbook on Critical Legal Theory by : Emilios Christodoulidis

Download or read book Research Handbook on Critical Legal Theory written by Emilios Christodoulidis and published by Edward Elgar Publishing. This book was released on 2019 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: Critical theory, characteristically linked with the politics of theoretical engagement, covers the manifold of the connections between theory and praxis. This thought-provoking Research Handbook captures the broad range of those connections as far as legal thought is concerned and retains an emphasis both on the politics of theory, and on the notion of theoretical engagement. The first part examines the question of definition and tracks the origins and development of critical legal theory along its European and North American trajectories. The second part looks at the thematic connections between the development of legal theory and other currents of critical thought such as; Feminism, Marxism, Critical Race Theory, varieties of post-modernism, as well as the various ‘turns’ (ethical, aesthetic, political) of critical legal theory. The third and final part explores particular fields of law, addressing the question how the field has been shaped by critical legal theory, or what critical approaches reveal about the field, with the clear focus on opportunities for social transformation.

International Investment Law and Legal Theory

Author : Jörg Kammerhofer
Publisher : Cambridge University Press
ISBN 13 : 1108839177
Total Pages : 391 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis International Investment Law and Legal Theory by : Jörg Kammerhofer

Download or read book International Investment Law and Legal Theory written by Jörg Kammerhofer and published by Cambridge University Press. This book was released on 2021-05-06 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: A theoretical analysis of the structure of expropriation in investment law, investigating the foundations for contemporary scholarship and practice.

Poznań School of Legal Theory

Author : Paweł Kwiatkowski
Publisher : BRILL
ISBN 13 : 9004448446
Total Pages : 436 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Poznań School of Legal Theory by : Paweł Kwiatkowski

Download or read book Poznań School of Legal Theory written by Paweł Kwiatkowski and published by BRILL. This book was released on 2021-02-08 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book grew out of the conviction that the original concepts of the Poznań School of Legal Theory are still perfectly suited for application today, in the era of moral pluralism and multicentric legal systems. Moreover, since we are in the midst of a period of heated disputes over the grounds of the normativity of law, and are confronting controversies about the basis for the legitimacy of court decisions, over the results of legal interpretation, and concerning the coherence of legal systems, it would seem that the legal-theoretical proposals put forward by the circle of Poznań legal theorists, supported as they are by firm methodological foundations, have not by any means lost their value.

Formalism and the Sources of International Law

Author : Jean d'Aspremont
Publisher : Oxford University Press
ISBN 13 : 0199696314
Total Pages : 285 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Formalism and the Sources of International Law by : Jean d'Aspremont

Download or read book Formalism and the Sources of International Law written by Jean d'Aspremont and published by Oxford University Press. This book was released on 2011-09-15 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book revisits the theory of the sources of international law from the perspective of formalism. It critically analyzes the virtues of formalism, construed as a theory of law ascertainment, as a means of distinguishing between law and non-law. The theory of formalism is re-evaluated against the backdrop of the growing acceptance by international legal theorists of the blurring of the lines between law and non-law. At the same time, the book acknowledges that much international normative activity nowadays takes place outside the ambit of traditional international law and that only a limited part of the exercise of public authority at the international level results in the creation of international legal rules. The theory of ascertainment that the book puts forward attempts to dispel some of the illusions of formalism that accompany the delimitation of customary international law. It also sheds light on the tendency of scholars, theorists, and advocates to deformalize the identification of international legal rules with a view to expanding international law. The book seeks to revitalize and refresh the formal identification of rules by engaging with some tenets of the postmodern critique of formalism. As a result, the book not only grapples with the practice of law-making at the international level, but it also offers broad theoretical insights on international law, dealing with the main schools of thought in legal theory (positivism, naturalism, legal realism, policy-oriented jurisprudence, and postmodernism). The main theory of law ascertainment presented in this work remains however principally informed by a rejuvenated version of Herbert Hart's social thesis.

Legal Theory of International Arbitration

Author : Emmanuel Gaillard
Publisher : BRILL
ISBN 13 : 9004187154
Total Pages : 204 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Legal Theory of International Arbitration by : Emmanuel Gaillard

Download or read book Legal Theory of International Arbitration written by Emmanuel Gaillard and published by BRILL. This book was released on 2010-05-03 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: Review excerpts from the book on Scribd International arbitration readily lends itself to a legal theory analysis. The fundamentally philosophical notions of autonomy and freedom are at the heart of its field of study. Similarly essential are the questions of legitimacy raised by the parties’ freedom to favor a private form of dispute resolution over national courts, to choose their judges, to tailor the procedure and to choose the applicable rules of law, and by the arbitrators’ freedom to determine their own jurisdiction, to shape the conduct of the proceedings and to choose the rules applicable to the dispute. The present work, based on a Course given at The Hague Academy of International Law in the Summer 2007, identifies the philosophical postulates that underlie this field of study and shows their profound coherence and the practical consequences that follow from these postulates in the resolution of international disputes.

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:

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.

Philosophy of Law: A Very Short Introduction

Author : Raymond Wacks
Publisher : OUP Oxford
ISBN 13 : 0191510637
Total Pages : 169 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 169 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 Problematics of Moral and Legal Theory

Author : Richard A. Posner
Publisher : Harvard University Press
ISBN 13 : 9780674042230
Total Pages : 338 pages
Book Rating : 4.0/5 (422 download)

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Book Synopsis The Problematics of Moral and Legal Theory by : Richard A. Posner

Download or read book The Problematics of Moral and Legal Theory written by Richard A. Posner and published by Harvard University Press. This book was released on 2009-06-01 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ambitious legal thinkers have become mesmerized by moral philosophy, believing that great figures in the philosophical tradition hold the keys to understanding and improving law and justice and even to resolving the most contentious issues of constitutional law. They are wrong, contends Richard Posner in this book. Posner characterizes the current preoccupation with moral and constitutional theory as the latest form of legal mystification--an evasion of the real need of American law, which is for a greater understanding of the social, economic, and political facts out of which great legal controversies arise. In pursuit of that understanding, Posner advocates a rebuilding of the law on the pragmatic basis of open-minded and systematic empirical inquiry and the rejection of cant and nostalgia--the true professionalism foreseen by Oliver Wendell Holmes a century ago. A bracing book that pulls no punches and leaves no pieties unpunctured or sacred cows unkicked, The Problematics of Moral and Legal Theory offers a sweeping tour of the current scene in legal studies--and a hopeful prospect for its future.

Routledge Handbook of Socio-Legal Theory and Methods

Author : Naomi Creutzfeldt
Publisher : Routledge
ISBN 13 : 0429489749
Total Pages : 566 pages
Book Rating : 4.4/5 (294 download)

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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.

Dimensions of Normativity

Author : David Plunkett
Publisher : Oxford University Press
ISBN 13 : 0190640413
Total Pages : 465 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis Dimensions of Normativity by : David Plunkett

Download or read book Dimensions of Normativity written by David Plunkett and published by Oxford University Press. This book was released on 2019-01-10 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: Understood one way, the branch of contemporary philosophical ethics that goes by the label "metaethics" concerns certain second-order questions about ethics-questions not in ethics, but rather ones about our thought and talk about ethics, and how the ethical facts (insofar as there are any) fit into reality. Analogously, the branch of contemporary philosophy of law that is often called "general jurisprudence" deals with certain second order questions about law- questions not in the law, but rather ones about our thought and talk about the law, and how legal facts (insofar as there are any) fit into reality. Put more roughly (and using an alternative spatial metaphor), metaethics concerns a range of foundational questions about ethics, whereas general jurisprudence concerns analogous questions about law. As these characterizations suggest, the two sub-disciplines have much in common, and could be thought to run parallel to each other. Yet, the connections between the two are currently mostly ignored by philosophers, or at least under-scrutinized. The new essays collected in this book are aimed at changing this state of affairs. Dimensions of Normativity collects together works by metaethicists and legal philosophers that address a number of issues that are of common interest, with the goal of accomplishing a new rapprochement between the two sub-disciplines.

Legal Theory, Sources of Law and the Semantic Web

Author : A. Boer
Publisher : IOS Press
ISBN 13 : 1607504278
Total Pages : 324 pages
Book Rating : 4.6/5 (75 download)

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Book Synopsis Legal Theory, Sources of Law and the Semantic Web by : A. Boer

Download or read book Legal Theory, Sources of Law and the Semantic Web written by A. Boer and published by IOS Press. This book was released on 2009-05-13 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal Theory, Sources of Law and the Semantic Web is an attempt to construct an integrated conceptual framework for the application-neutral and problem-neutral representation of sources of law using Semantic Web technology and concepts, and some technically straightforward extensions to Semantic Web technology based on established practices found in fielded applications. To construct this framework, the author disentangled some problems that are often mixed up in legal theory and – in extension – legal knowledge representation. The purpose of this framework is to provide a theoretical background for the creation of reusable and maintainable knowledge components representing knowledge of sources of law on the Semantic Web. These components should form a basis for the development for computer applications supporting straightforward, routine decision making problems using traditional methods. This book aims to be a work of ontology: an account of relevant aspects of the knowledge domain of law from the perspective of a legal knowledge engineer interested in sources of law. One cannot however say that the result of this work is an ontology: this book presents a mix of design principles, design patterns for knowledge representation in OWL DL and ontology fragments.

The Nature and Sources of the Law

Author : John Chipman Gray
Publisher :
ISBN 13 :
Total Pages : 366 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Nature and Sources of the Law by : John Chipman Gray

Download or read book The Nature and Sources of the Law written by John Chipman Gray and published by . This book was released on 1909 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Thoughts and Ways of Thinking

Author : Benjamin Brown
Publisher : Ubiquity Press
ISBN 13 : 1911529218
Total Pages : 188 pages
Book Rating : 4.9/5 (115 download)

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Book Synopsis Thoughts and Ways of Thinking by : Benjamin Brown

Download or read book Thoughts and Ways of Thinking written by Benjamin Brown and published by Ubiquity Press. This book was released on 2017-08-31 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why do we think differently from one another? Why do religious people adhere to their faith even against reason, whilst atheist thinkers label it “nonsense”? Why do some judges turn more to moral values and others less? Why do we attach different meanings to the same words? These questions can be tackled on psychological or sociological levels, but we can also analyze the subjects on the epistemological level. That is the purpose of this book. Thoughts and Ways of Thinking offers Source Theory as a single explanation for epistemic processes and their religious, legal and linguistic derivatives. The idea is simple: our senses, our understanding, our memory, the testimonies that we trust, and many other objects transmit data to us and so shape our beliefs. In this function they serve as our truth sources. Different beliefs stem from different sources or different hierarchies between same sources. This notion is formalized here through the new tool of Source Calculus, and, after balancing its relativistic consequences by adding pragmatic constraints, it is applied to the philosophies of religion, law and language. With this unified theory, old doubts are framed in new perspectives, and some of them even find their solution.