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Author : Philip Shuchman
Publisher :
ISBN 13 :
Total Pages : 150 pages
Book Rating : 4.F/5 ( download)
Download or read book Problems of Knowledge in Legal Scholarship written by Philip Shuchman and published by . This book was released on 1979 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Bert van Roermund
Publisher : Edward Elgar Publishing
ISBN 13 : 1781955514
Total Pages : 315 pages
Book Rating : 4.7/5 (819 download)
Download or read book Legal Thought and Philosophy written by Bert van Roermund and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: ÔThis book proves to be an excellent guide through the labyrinth of law. Its crucial point is legal order viewed from the perspective of a situated ÒWeÓ. Jurisprudence appears as an implicit sort of thinking, embedded in moral, political, epistemological, and linguistic contexts. Numerous example cases lead us from everyday issues to the abysses of violence. Anyone who practises or studies law will highly profit from reading this book. One sees how law functions by being more than mere law.Õ Ð Bernhard Waldenfels, Ruhr-University Bochum, Germany Legal Thought and Philosophy clarifies background questions in legal research projects, such as the relationship between law and justice, law and politics, law and knowledge, facts and norms, normativity and validity, constituent and constitutional power, and rule and context. It provides advanced students in law and philosophy with an account of legal thinking that combines analytical and phenomenological insights. From a conception of justice as principled political self-restraint, the book explains why there are moral reasons to separate law from morality conceptually and in what sense a legal order is positive Ð that is, set by authority and bound up with history. The book explores the conditions under which law may become an object of knowledge and theorizing, before finally discussing how these features come together in law as rule-following by citizens, officials, judges, and legislators alike. Addressing advanced students in law and philosophy, this key book: ¥ bridges separate traditions in legal philosophy (in particular analytical philosophy and phenomenology) ¥ develops a view of law as an institution of authority from a conception of justice in the socio-political relationship between ÔweÕ and Ôthe othersÕ ¥ presents a systematic account of normativity and validity ¥ explains in what sense law is Ôdoing things with rulesÕ.
Author : Åsa Gunnarsson
Publisher : Routledge
ISBN 13 : 1317137655
Total Pages : 245 pages
Book Rating : 4.3/5 (171 download)
Download or read book Exploiting the Limits of Law written by Åsa Gunnarsson and published by Routledge. This book was released on 2016-04-22 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: Moving beyond the question of whether an area of scholarly investigation can truly be characterized as 'legal', Exploiting the Limits of Law combats the often unhelpful constraints of law's subject-matter and formal processes. Through a process of reflection on the limits of law and repeated efforts to redraw them, this book challenges the general sense of pessimism among feminists and others about the usefulness of law as an instrument of change. The work combines theoretical analysis of the law's boundaries with investigation of the practical settings for changing legal and policy environments. Both the empirical focus of this volume, and its underlying theoretical concern with the limits of the law and its gender implications, render it of interest to legal scholars throughout the world, whether of EU law, feminism, social policy or philosophy.
Author : Paul W. Kahn
Publisher : University of Chicago Press
ISBN 13 : 9780226422558
Total Pages : 184 pages
Book Rating : 4.4/5 (225 download)
Download or read book The Cultural Study of Law written by Paul W. Kahn and published by University of Chicago Press. This book was released on 1999 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on philosophers from Plato to Foucault and cultural anthropologists and historians such as Clifford Geertz and Perry Miller, Kahn outlines the conceptual tools necessary for such an inquiry. He analyzes the concepts of time, space, citizen, judge, sovereignty, and theory within the culture of law's rule and goes on to consider the methodological problems entailed in stripping the study of law of its reformist ambitions.
Author : Bódig, Mátyás
Publisher : Edward Elgar Publishing
ISBN 13 : 178811406X
Total Pages : 288 pages
Book Rating : 4.7/5 (881 download)
Download or read book Legal Doctrinal Scholarship written by Bódig, Mátyás and published by Edward Elgar Publishing. This book was released on 2021-07-31 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing a comprehensive account of the often-misunderstood area of legal doctrinal scholarship, this incisive book offers a novel framing for conceptual legal theory and the functions of conceptual theorising in legal studies. It explores the ways in which a doctrinally oriented legal theory may provide methodological support to legal scholars, arguing that making adequate sense of the rational reconstruction of law is pivotal in delivering such active support.
Author : Benjamin H. Barton
Publisher : NYU Press
ISBN 13 : 1479866555
Total Pages : 294 pages
Book Rating : 4.4/5 (798 download)
Download or read book Fixing Law Schools written by Benjamin H. Barton and published by NYU Press. This book was released on 2019-12-17 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: An urgent plea for much needed reforms to legal education The period from 2008 to 2018 was a lost decade for American law schools. Employment results were terrible. Applications and enrollment cratered. Revenue dropped precipitously and several law schools closed. Almost all law schools shrank in terms of students, faculty, and staff. A handful of schools even closed. Despite these dismal results, law school tuition outran inflation and student indebtedness exploded, creating a truly toxic brew of higher costs for worse results. The election of Donald Trump in 2016 and the subsequent role of hero-lawyers in the “resistance” has made law school relevant again and applications have increased. However, despite the strong early returns, we still have no idea whether law schools are out of the woods or not. If the Trump Bump is temporary or does not result in steady enrollment increases, more schools will close. But if it does last, we face another danger. We tend to hope that crises bring about a process of creative destruction, where a downturn causes some businesses to fail and other businesses to adapt. And some of the reforms needed at law schools are obvious: tuition fees need to come down, teaching practices need to change, there should be greater regulations on law schools that fail to deliver on employment and bar passage. Ironically, the opposite has happened for law schools: they suffered a harrowing, near-death experience and the survivors look like they’re going to exhale gratefully and then go back to doing exactly what led them into the crisis in the first place. The urgency of this book is to convince law school stakeholders (faculty, students, applicants, graduates, and regulators) not to just return to business as usual if the Trump Bump proves to be permanent. We have come too far, through too much, to just shrug our shoulders and move on.
Author : Antonio Cassese
Publisher : OUP Oxford
ISBN 13 : 0191627712
Total Pages : 723 pages
Book Rating : 4.1/5 (916 download)
Download or read book Realizing Utopia written by Antonio Cassese and published by OUP Oxford. This book was released on 2012-03-08 with total page 723 pages. Available in PDF, EPUB and Kindle. Book excerpt: Realizing Utopia is a collection of essays by a group of innovative international jurists. Its contributors reflect on some of the major legal problems facing the international community and analyse the inconsistencies or inadequacies of current law. They highlight the elements - even if minor, hidden, or emerging - that are likely to lead to future changes or improvements. Finally, they suggest how these elements can be developed, enhanced, and brought to fruition in the next two or three decades, with a view to achieving an improved architecture of world society or, at a minimum, to reshaping some major aspects of international dealings. Contributions to the book thus try to discern the potential, in the present legal construct of world society, that might one day be brought to light in a better world. As the impact of international law on national legal orders continues to increase, this volume takes stock of how far international law has come and how it should continue to develop. The work features an impressive list of contributors, including many of the leading authorities on international law and several judges of the International Court of Justice.
Author : Fábio Perin Shecaira
Publisher : Springer Nature
ISBN 13 : 3031603699
Total Pages : 168 pages
Book Rating : 4.0/5 (316 download)
Download or read book Legal Scholarship as a Source of Law written by Fábio Perin Shecaira and published by Springer Nature. This book was released on with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Grant Gilmore
Publisher : Yale University Press
ISBN 13 : 030021104X
Total Pages : 248 pages
Book Rating : 4.3/5 (2 download)
Download or read book The Ages of American Law written by Grant Gilmore and published by Yale University Press. This book was released on 2015-01-13 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Following its publication in 1974, Grant Gilmore's compact portrait of the development of American law from the eighteenth century to the mid-twentieth century became a classic. In this new edition, the portrait is brought up to date with a new chapter by Philip Bobbitt that surveys the trajectory of American law since the original publication. Bobbitt also provides a Foreword on Gilmore and the celebrated lectures that inspired The Ages of American Law. "Sharp, opinionated, and as pungent as cheddar."—New Republic "This book has the engaging qualities of good table talk among a group of sophisticated and educated friends—given body by broad learning and a keen imagination and spiced with wit."—Willard Hurst
Author : Richard A. Posner
Publisher : Harvard University Press
ISBN 13 : 9780674708761
Total Pages : 524 pages
Book Rating : 4.7/5 (87 download)
Download or read book The Problems of Jurisprudence written by Richard A. Posner and published by Harvard University Press. This book was released on 1990 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Richard A. Posner examines how judges go about making difficult decisions. Posner argues that they cannot rely on either logic or science, but must fall back on a grab bag of informal methods of reasoning that owe less than one might think to legal training and experience. -- Adapted from Amazon.com summary.
Author : Lianne J. M. Boer
Publisher : Cambridge University Press
ISBN 13 : 1108484832
Total Pages : 249 pages
Book Rating : 4.1/5 (84 download)
Download or read book International Law As We Know It written by Lianne J. M. Boer and published by Cambridge University Press. This book was released on 2021-10-14 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the role of international legal scholars in the construction of legal knowledge, looking at examples from the cyberwar debate.
Author : Bruce Ackerman
Publisher : Yale University Press
ISBN 13 : 0300022379
Total Pages : 315 pages
Book Rating : 4.3/5 ( download)
Download or read book Private Property and the Constitution written by Bruce Ackerman and published by Yale University Press. This book was released on 1977-01-01 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: The proper construction of the compensation clause of the Constitution has emerged as the central legal issue of the environmental revolution, as property owners have challenged a steady stream of environmental statutes that have cut deeply into traditional notions of property rights. When may they justly demand that the state compensate them for the sacrifices they are called upon to make for the common good? Ackerman argues that there is more at stake in the present wave of litigation than even the future shape of environmental law in the United States. To frame an adequate response, lawyers must come to terms with an analytic conflict that implicates the nature of modern legal thought itself. Ackerman expresses this conflict in terms of two opposed ideal types---Scientific Policymaking and Ordinary Observing---and sketches the very different way in which these competing approaches understand the compensation question. He also tries to demonstrate that the confusion of current compensation doctrine is a product of the legal profession's failure to choose between these two modes of legal analysis.He concludes by exploring the large implications of such a choice---relating the conflict between Scientific Policymaking and Ordinary Observing to fundamental issues in economic analysis, political theory, metaethics, and the philosophy of language.
Author : Francisco Valdes
Publisher : NYU Press
ISBN 13 : 1479809306
Total Pages : 214 pages
Book Rating : 4.4/5 (798 download)
Download or read book LatCrit written by Francisco Valdes and published by NYU Press. This book was released on 2021-06-15 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book comprehensively but succinctly tells the story of LatCrit's emergence and sustainable presence as a scholarly and activist community within and beyond the US legal academy, finding its place alongside such other schools of critical legal knowledge as Feminist Legal Theory and Critical Race Theory that aim to combust social and legal transformative change"--
Author : Carel Stolker
Publisher : Cambridge University Press
ISBN 13 : 1107073898
Total Pages : 471 pages
Book Rating : 4.1/5 (7 download)
Download or read book Rethinking the Law School written by Carel Stolker and published by Cambridge University Press. This book was released on 2014-12-11 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by a former dean, this book offers a unique understanding of challenges facing legal education, research, publishing and governance.
Author : William M. Sullivan
Publisher : John Wiley & Sons
ISBN 13 : 078798261X
Total Pages : 245 pages
Book Rating : 4.7/5 (879 download)
Download or read book Educating Lawyers written by William M. Sullivan and published by John Wiley & Sons. This book was released on 2007-03-09 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Challenge of Educating Lawyers "This volume, under the presidency of Lee Shulman, is intended primarily to foster appreciation for what legal education does at its best. We want to encourage more informed scholarship and imaginative dialogue about teaching and learning for the law at all organizational levels: in individual law schools, in the academic associations, in the profession itself. We also believe our findings will be of interest within the academy beyond the professional schools, as well as among that public concerned with higher education and the promotion of professional excellence." --From the Introduction "Educating Lawyers is no doubt the best work on the analysis and reform of legal education that I have ever read. There is a call for deep changes in the way law is taught, and I believe that it will be a landmark in the history of legal education." --Bryant G. Garth, dean and professor of law, Southwestern Law School and former director of the American Bar Foundation "Educating Lawyers succeeds admirably in describing the educational programs at virtually every American law school. The call for the integration of the three apprenticeships seems to me exactly what is needed to make legal education more 'professional,' to prepare law students better for the practice of law, and to address societal expectations of lawyers." --Stephen Wizner, dean of faculty, William O. Douglas Clinical Professor of Law, Yale Law School
Author : Helge Dedek
Publisher : Routledge
ISBN 13 : 1317050193
Total Pages : 432 pages
Book Rating : 4.3/5 (17 download)
Download or read book Stateless Law written by Helge Dedek and published by Routledge. This book was released on 2016-03-03 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers a critical analysis and illustration of the challenges and promises of ’stateless’ law thought, pedagogy and approaches to governance - that is, understanding and conceptualizing law in a post-national condition. From common, civil and international law perspectives, the collection focuses on the definition and role of law as an academic discipline, and hybridity in the practice and production of law. With contributions by a diverse and international group of scholars, the collection includes fourteen chapters written in English and three in French. Confronting the ’transnational challenge’ posed to the traditional theoretical and institutional structures that underlie the teaching and study of law in the university, the seventeen authors of Stateless Law: Evolving Boundaries of a Discipline bring new insight to the ongoing and crucial conversation about the future shape of legal scholarship, education and practice that is emblematic of the early twenty-first century. This collection is essential reading for academics, institutions and others involved in determining the future roles, responsibilities and education of jurists, as well as for academics interested in Law, Sociology, Political Science and Education.
Author : Robin West
Publisher : Cambridge University Press
ISBN 13 : 1139504126
Total Pages : 221 pages
Book Rating : 4.1/5 (395 download)
Download or read book Normative Jurisprudence written by Robin West and published by Cambridge University Press. This book was released on 2011-08-22 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: Normative Jurisprudence aims to reinvigorate normative legal scholarship that both criticizes positive law and suggests reforms for it, on the basis of stated moral values and legalistic ideals. It looks sequentially and in detail at the three major traditions in jurisprudence – natural law, legal positivism and critical legal studies – that have in the past provided philosophical foundations for just such normative scholarship. Over the last fifty years or so, all of these traditions, although for different reasons, have taken a number of different turns – toward empirical analysis, conceptual analysis or Foucaultian critique – and away from straightforward normative criticism. As a result, normative legal scholarship – scholarship that is aimed at criticism and reform – is now lacking a foundation in jurisprudential thought. The book criticizes those developments and suggests a return, albeit with different and in many ways larger challenges, to this traditional understanding of the purpose of legal scholarship.
