Philosophical Foundations of Precedent

Download Philosophical Foundations of Precedent PDF Online Free

Author :
Publisher : Oxford University Press
ISBN 13 : 0192671561
Total Pages : 577 pages
Book Rating : 4.1/5 (926 download)

DOWNLOAD NOW!


Book Synopsis Philosophical Foundations of Precedent by : Timothy Endicott

Download or read book Philosophical Foundations of Precedent written by Timothy Endicott and published by Oxford University Press. This book was released on 2023-03-27 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: Philosophical Foundations of Precedent offers a broad, deep, and diverse range of philosophical investigations of the role of precedent in law, adjudication, and morality. The forty chapters present the work of a large and inclusive group of authors which comprises of well-established leaders in the discipline and new voices in legal philosophy. The magnitude of the resulting project is extraordinary, presenting a diverse array of innovative and creative philosophical investigations of the practice of adhering to past decisions, in law and allied fields of practical reasoning. And by the same token, the contributions elucidate the reasons that courts and other decision-makers may have for departing from what has been done before. The phenomena under investigation include the law and practice of common law and civil jurisdictions around the world. In addition to its fundamental relevance to common law jurisdictions, this work will be of broad and significant interest to theoretically minded audiences in continental Europe, Latin America, and Asia because it involves an extensive study of practices of precedent in civil law systems as well as common law systems.

Precedents, Statutes, and Analysis of Legal Concepts

Download Precedents, Statutes, and Analysis of Legal Concepts PDF Online Free

Author :
Publisher : Routledge
ISBN 13 : 1135643091
Total Pages : 146 pages
Book Rating : 4.1/5 (356 download)

DOWNLOAD NOW!


Book Synopsis Precedents, Statutes, and Analysis of Legal Concepts by : Scott Brewer

Download or read book Precedents, Statutes, and Analysis of Legal Concepts written by Scott Brewer and published by Routledge. This book was released on 2013-06-17 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt: At least since plato and Aristotle, thinkers have pondered the relationship between philosophical arguments and the "sophistical" arguments offered by the Sophists -- who were the first professional lawyers. Judges wield substantial political power, and the justifications they offer for their decisions are a vital means by which citizens can assess the legitimacy of how that power is exercised. However, to evaluate judicial justifications requires close attention to the method of reasoning behind decisions. This new collection illuminates and explains the political and moral importance in justifying the exercise of judicial power.

Philosophical Foundations of the Law of Equity

Download Philosophical Foundations of the Law of Equity PDF Online Free

Author :
Publisher : Oxford University Press
ISBN 13 : 0192549863
Total Pages : 400 pages
Book Rating : 4.1/5 (925 download)

DOWNLOAD NOW!


Book Synopsis Philosophical Foundations of the Law of Equity by : Dennis Klimchuk

Download or read book Philosophical Foundations of the Law of Equity written by Dennis Klimchuk and published by Oxford University Press. This book was released on 2020-04-02 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of Equity, a latecomer to the field of private law theory, raises fundamental questions about the relationships between law and morality, the nature of rights, and the extent to which we are willing to compromise on the rule of law ideal to achieve social goals. In this volume, leading scholars come together to address these and other questions about underlying principles of Equity and its relationship to the common law: What relationships, if any, are there between the legal, philosophical, and moral senses of 'equity'? Does Equity form a second-order constraint on law? If so, is its operation at odds with the rule of law? Do the various theories of Equity require some kind of separation of law and equity-and, if they do, what kind of separation? The volume further sheds light on some of the most topical questions of jurisprudence that are embedded in the debate around 'fusion'. A noteworthy addition to the Philosophical Foundations series, this volume is an important contribution to an ongoing debate, and will be of value to students and scholars across the discipline.

A Theory of Precedent

Download A Theory of Precedent PDF Online Free

Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1847311504
Total Pages : 288 pages
Book Rating : 4.8/5 (473 download)

DOWNLOAD NOW!


Book Synopsis A Theory of Precedent by : Raimo Siltala

Download or read book A Theory of Precedent written by Raimo Siltala and published by Bloomsbury Publishing. This book was released on 2000-11-30 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analytical jurisprudence has been mostly silent on the role of precedent in legal adjudication. What is the content of a judge's precedent ideology,or the rule of precedent-recognition, by means of which the ratio of a case is to be distinguished from mere dicta? In this study, the author identifies six types of judicial precedent-ideology, among them judicial legislation, systemic construction of the underlying reasons of law in the Dworkinian sense, and a radical re-evaluation of the merits of a prior case in later adjudication, as envisioned by the American Realists. These competing models are tested against judicial experiences in the UK, US, France, Italy, Germany and Finland. By this means Lon Fuller's famous 'internal morality of law' is shown to function rather poorly in the context of precedents, and the author therefore suggests a redefinition of the rule which makes it work for precedent. This, in turn leads the author to confront fundamental questions about the normative nature of law. Is Kelsen's grundnorm or Hart's ultimate rule of recognition a valid rule, in the image of legal rules proper, or is it merely a social fact, observable only in the practices and behaviour of judges and other officials? The author claims that Hart is caught between Kelsen and J.L. Borges, the late Argentinian fabulist, in so far as the ontology and epistemology of the rule of recognition are concerned. This leads the author to the conclusion that the two predicaments affecting analytical positivism, namely the threat of endless self-referentiality, or infinite regress, can only be accounted for by means of recourse to the philosophy of deconstruction as posited by Jacques Derrida.

Philosophical Foundations of Evidence Law

Download Philosophical Foundations of Evidence Law PDF Online Free

Author :
Publisher : Oxford University Press
ISBN 13 : 0198859309
Total Pages : 433 pages
Book Rating : 4.1/5 (988 download)

DOWNLOAD NOW!


Book Synopsis Philosophical Foundations of Evidence Law by : Christian Dahlman

Download or read book Philosophical Foundations of Evidence Law written by Christian Dahlman and published by Oxford University Press. This book was released on 2021 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Philosophical Foundations of Evidence Law presents a cross-disciplinary overview of the core issues in the theory and methodology of adjudicative evidence and factfinding, assembling the major philosophical and interdisciplinary insights that define evidence theory, as related to law, in a single book. The volume presents contemporary debates on truth, knowledge, rational beliefs, proof, argumentation, explanation, coherence, probability, economics, psychology, bias, gender, and race. It covers different theoretical approaches to legal evidence, including the Bayesian approach, scenario theory, and inference to the best explanation. The volume’s contributions come from scholars spread across three continents and twelve different countries, whose common interest is evidence theory as related to law"-- from publisher's website.

Precedent in the United States Supreme Court

Download Precedent in the United States Supreme Court PDF Online Free

Author :
Publisher : Springer Science & Business Media
ISBN 13 : 9400779518
Total Pages : 231 pages
Book Rating : 4.4/5 (7 download)

DOWNLOAD NOW!


Book Synopsis Precedent in the United States Supreme Court by : Christopher J. Peters

Download or read book Precedent in the United States Supreme Court written by Christopher J. Peters and published by Springer Science & Business Media. This book was released on 2014-02-11 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents a variety of both normative and descriptive perspectives on the use of precedent by the United States Supreme Court. It brings together a diverse group of American legal scholars, some of whom have been influenced by the Segal/Spaeth "attitudinal" model and some of whom have not. The group of contributors includes legal theorists and empiricists, constitutional lawyers and legal generalists, leading authorities and up-and-coming scholars. The book addresses questions such as how the Court establishes durable precedent, how the Court decides to overrule precedent, the effects of precedent on case selection, the scope of constitutional precedent, the influence of concurrences and dissents, and the normative foundations of constitutional precedent. Most of these questions have been addressed by the Court itself only obliquely, if at all. The volume will be valuable to readers both in the United States and abroad, particularly in light of ongoing debates over the role of precedent in civil-law nations and emerging legal systems.

An Introduction to the Philosophy of Law

Download An Introduction to the Philosophy of Law PDF Online Free

Author :
Publisher : Good Press
ISBN 13 :
Total Pages : 177 pages
Book Rating : 4.4/5 (57 download)

DOWNLOAD NOW!


Book Synopsis An Introduction to the Philosophy of Law by : Roscoe Pound

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.

On the Philosophy of Precedent

Download On the Philosophy of Precedent PDF Online Free

Author :
Publisher : Nomos Verlagsgesellschaft
ISBN 13 : 9783832976255
Total Pages : 0 pages
Book Rating : 4.9/5 (762 download)

DOWNLOAD NOW!


Book Synopsis On the Philosophy of Precedent by : Thomas Bustamante

Download or read book On the Philosophy of Precedent written by Thomas Bustamante and published by Nomos Verlagsgesellschaft. This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume - the third issue of the Proceedings of the 24th IVR World Congress - contains a selection of papers on the general theme of "The Philosophy of Precedent." The foundations, legal nature, structure, strength, and uses of the case law were vividly debated at two special workshops dedicated to the study of legal precedent by a large number of scholars from around the world. The attention that the theme received at the Congress indicates a trend of growing interest on the topic of precedent among legal philosophers, legal theorists, and practitioners from all of the legal families and traditions, including those of the so-called Civil Law Systems. Taking into consideration this movement towards the universality of precedent-based reasoning in legal discourses, the book's essays provide an account of legal precedent which explains the connections between theoretical issues on the nature of precedent and practical queries over its foundations, structure, strength, and uses in contemporary legal systems. (Series: ARSP Beiheft - Vol. 133)

On the Philosophy of Precedent

Download On the Philosophy of Precedent PDF Online Free

Author :
Publisher : Franz Steiner Verlag Wiesbaden gmbh
ISBN 13 : 9783515101509
Total Pages : 144 pages
Book Rating : 4.1/5 (15 download)

DOWNLOAD NOW!


Book Synopsis On the Philosophy of Precedent by : Thomas Bustamante

Download or read book On the Philosophy of Precedent written by Thomas Bustamante and published by Franz Steiner Verlag Wiesbaden gmbh. This book was released on 2012 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this volume, the 3rd issue of the Proceedings of the 24th IVR World Congress, the reader will find a selection of papers on the general theme of "The Philosophy of Precedent". The foundations, legal nature, structure, strength and uses of the case law were vividly debated at two special workshops dedicated to the study of legal precedent by a large number of scholars from around the world. The attention that the theme received at the congress indicates a trend of growing interest on the topic of precedent among legal philosophers, legal theorists and practitioners from all of the legal families and traditions, including those of the so-called Civil Law Systems. Taking into consideration this movement towards the universality of precedent-based reasoning in legal discourses, the essays comprised in this volume provide an account of legal precedent which explains the connections between theoretical issues on the nature of precedent and practical queries over its foundations, structure, strength and uses in contemporary legal systems.

Philosophical Foundations of European Union Law

Download Philosophical Foundations of European Union Law PDF Online Free

Author :
Publisher : OUP Oxford
ISBN 13 : 0191652164
Total Pages : 668 pages
Book Rating : 4.1/5 (916 download)

DOWNLOAD NOW!


Book Synopsis Philosophical Foundations of European Union Law by : Julie Dickson

Download or read book Philosophical Foundations of European Union Law written by Julie Dickson and published by OUP Oxford. This book was released on 2012-10-11 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt: The supranational law of the European Union represents a uniquely powerful, far-reaching, and controversial instance of the growth of international legal governance, one that has forever altered the political and legal landscape of its Member States. The EU has attracted significant attention from political scientists, economists, and lawyers who have analysed its polity and constructed theoretical models of the integration process. Yet it has been almost entirely neglected by analytic philosophers, and the philosophical tools that have been developed to analyse and evaluate the Union are still in their infancy. This book brings together legal philosophers, political philosophers, and EU legal academics in the service of developing the philosophical analysis of EU law. In a series of original and complementary essays they bring their varied disciplinary expertise and theoretical perspectives to bear on central issues facing the Union and its law. Combining both abstract thought in legal and political philosophy and more tangible theoretical work on specific legal issues, the essays in this volume make a significant contribution to developing work on the philosophical foundations of EU law, and will engender further debate between philosophers, political philosophers, and EU legal academics. They will be of interest to all those engaged in understanding the nature and purpose of this unique legal entity.

On the Philosophy of Precedent

Download On the Philosophy of Precedent PDF Online Free

Author :
Publisher :
ISBN 13 : 9783515101684
Total Pages : 0 pages
Book Rating : 4.1/5 (16 download)

DOWNLOAD NOW!


Book Synopsis On the Philosophy of Precedent by : Thomas Bustamante

Download or read book On the Philosophy of Precedent written by Thomas Bustamante and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this volume, the 3rd issue of the Proceedings of the 24th IVR World Congress, the reader will find a selection of papers on the general theme of ""The Philosophy of Precedent"". The foundations, legal nature, structure, strength and uses of the case law were vividly debated at two special workshops dedicated to the study of legal precedent by a large number of scholars from around the world. The attention that the theme received at the congress indicates a trend of growing interest on the topic of precedent among legal philosophers, legal theorists and practitioners from all of the legal fa.

Philosophy of Law

Download Philosophy of Law PDF Online Free

Author :
Publisher : John Wiley & Sons
ISBN 13 : 1405183888
Total Pages : 649 pages
Book Rating : 4.4/5 (51 download)

DOWNLOAD NOW!


Book Synopsis Philosophy of Law by : Larry May

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

Philosophical Foundations of Language in the Law

Download Philosophical Foundations of Language in the Law PDF Online Free

Author :
Publisher : OUP Oxford
ISBN 13 : 0199572380
Total Pages : 288 pages
Book Rating : 4.1/5 (995 download)

DOWNLOAD NOW!


Book Synopsis Philosophical Foundations of Language in the Law by : Andrei Marmor

Download or read book Philosophical Foundations of Language in the Law written by Andrei Marmor and published by OUP Oxford. This book was released on 2011-06-16 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection brings together the best contemporary philosophical work in the area of intersection between philosophy of language and the law.

Philosophical Foundations of the Law of Unjust Enrichment

Download Philosophical Foundations of the Law of Unjust Enrichment PDF Online Free

Author :
Publisher :
ISBN 13 :
Total Pages : 446 pages
Book Rating : 4.:/5 (113 download)

DOWNLOAD NOW!


Book Synopsis Philosophical Foundations of the Law of Unjust Enrichment by : Robert Chambers

Download or read book Philosophical Foundations of the Law of Unjust Enrichment written by Robert Chambers and published by . This book was released on 2009 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume takes stock of the rapid changes to the law of unjust enrichment over the last decade. It offers original contributions from leading private law theorists examining the philosophical foundations of the law.

Philosophy, Law and the Family

Download Philosophy, Law and the Family PDF Online Free

Author :
Publisher : Springer
ISBN 13 : 3319511211
Total Pages : 283 pages
Book Rating : 4.3/5 (195 download)

DOWNLOAD NOW!


Book Synopsis Philosophy, Law and the Family by : Laurence D. Houlgate

Download or read book Philosophy, Law and the Family written by Laurence D. Houlgate and published by Springer. This book was released on 2017-01-21 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: This textbook uses cases in family law to illustrate both traditional philosophical problems in the law as well as problems that are unique to family law. In the beginning chapters family law cases are employed to introduce the reader to philosophical debates about the relationship between law and morals, about how one ought to interpret the U.S. Constitution and its amendments, about the conditions under which individual liberty is justifiably limited by law, about the justification of punishment, and about the justification of remedies and standards of care in determining negligence in tort cases. Later chapters are devoted to contemporary issues unique to family law, including justifiable limits of access to marriage, alternatives to marriage, the rights of children, child custody disputes involving surrogate births, quasi-property disputes involving custody of frozen embryos, and the justifiable limits of the right not to procreate. The book reflects current movements, contemporary debates, and recent research on the philosophical problems in family law.

Precedents, Statutes, and Analysis of Legal Concepts

Download Precedents, Statutes, and Analysis of Legal Concepts PDF Online Free

Author :
Publisher :
ISBN 13 :
Total Pages : 390 pages
Book Rating : 4.:/5 (98 download)

DOWNLOAD NOW!


Book Synopsis Precedents, Statutes, and Analysis of Legal Concepts by : Scott Brewer

Download or read book Precedents, Statutes, and Analysis of Legal Concepts written by Scott Brewer and published by . This book was released on 1998 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Philosophical Foundations of the Nature of Law

Download Philosophical Foundations of the Nature of Law PDF Online Free

Author :
Publisher : Oxford University Press, USA
ISBN 13 : 9780198812951
Total Pages : 392 pages
Book Rating : 4.8/5 (129 download)

DOWNLOAD NOW!


Book Synopsis Philosophical Foundations of the Nature of Law by : Wil Waluchow

Download or read book Philosophical Foundations of the Nature of Law written by Wil Waluchow and published by Oxford University Press, USA. This book was released on 2017-11-23 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: Part I. Furthering debate between leading theories of Law -- The Explantory Role of the Weak Natural Law Thesis -- In Defense of Hart -- Law's Authority is not a Claim to Preemption -- The Normative Fallacy Regarding Law's Authority -- The Problem about the Nature of Law vis-à-vis Legal Rationality Revisited : Towards an Integrative Jurisprudence -- Part II. The Power of Legal Systems -- Law as Power : Two Rule of Law Requirements -- A Comprehensive Hartian Theory of Legal Obligation : Social Pressure, Coercive Enforcement, and the Legal Obligations of Citizens -- Law and the Entitlement to Coerce -- Part III. Conceptual Analysis -- Farewell to Conceptual Analysis (in Jurisprudence) -- What Do We Want Law to Be? Philosophical Analysis and the Concept of Law -- Part IV. New Directions -- Legal as a Thick Concept -- Making Old Questions New : Legality, Legal System, and State -- Legal Disagreements and the Dual Nature of Law -- Is There One Right Answer to the Question of the Nature of Law?