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Author: Samuel J. M. Donnelly Publisher: ISBN: Category : Law Languages : en Pages : 340
Book Description
In 1880, Oliver Wendell Holmes, Jr. defined law as the predictions of what courts would do. Others, particularly his intellectual opponent Christopher Columbus Langdell, perceived law as a system of language and rules. This book offers an interpretation of American law and a method for judicial decision making. Donnelly offers a vision of American law "as an activity engaged in by a variety of players including judges, advocates for the plaintiff and defendants, law reformers, scholars and perhaps all of us." A central argument is that law is concerned with persons and their relations. Arguably, during the 20th century there was, in jurisprudential thought, a step-by-step, piecemeal recovery of a role for the person in the law. The next logical step in the 21st century is an explicitly person-centered jurisprudence as interpretation of American law. An important aspect of this book is its critique of both legal and general intellectual method. Lawyers concerned with critiques of judicial decision-making, judges, law professors, and law students will find this book invaluable, as will political scientists, philosophers and social scientists. The foreword to A Personalist Jurisprudence, The Next Step is written by Vice President Joseph Biden. "I think Donnelly's work may well be an invaluable guide in considering what counts most in a Supreme Court justice...a method for interpretation which will be in accord with his commitment to afford all persons deep respect and concern and try to understand persons, their needs and their horizons." -- Joseph R. Biden, Jr., Vice President "This book is recommended for those interested in jurisprudence, legal philosophy, or constitutional theory." -- Bimonthly Review of Law Books, May/June 2003 "All seven chapters are readable and superbly presented with excellent subsections and summary conclusions. Highly recommended." -- CHOICE Magazine, December 2003
Author: Samuel J. M. Donnelly Publisher: ISBN: Category : Law Languages : en Pages : 340
Book Description
In 1880, Oliver Wendell Holmes, Jr. defined law as the predictions of what courts would do. Others, particularly his intellectual opponent Christopher Columbus Langdell, perceived law as a system of language and rules. This book offers an interpretation of American law and a method for judicial decision making. Donnelly offers a vision of American law "as an activity engaged in by a variety of players including judges, advocates for the plaintiff and defendants, law reformers, scholars and perhaps all of us." A central argument is that law is concerned with persons and their relations. Arguably, during the 20th century there was, in jurisprudential thought, a step-by-step, piecemeal recovery of a role for the person in the law. The next logical step in the 21st century is an explicitly person-centered jurisprudence as interpretation of American law. An important aspect of this book is its critique of both legal and general intellectual method. Lawyers concerned with critiques of judicial decision-making, judges, law professors, and law students will find this book invaluable, as will political scientists, philosophers and social scientists. The foreword to A Personalist Jurisprudence, The Next Step is written by Vice President Joseph Biden. "I think Donnelly's work may well be an invaluable guide in considering what counts most in a Supreme Court justice...a method for interpretation which will be in accord with his commitment to afford all persons deep respect and concern and try to understand persons, their needs and their horizons." -- Joseph R. Biden, Jr., Vice President "This book is recommended for those interested in jurisprudence, legal philosophy, or constitutional theory." -- Bimonthly Review of Law Books, May/June 2003 "All seven chapters are readable and superbly presented with excellent subsections and summary conclusions. Highly recommended." -- CHOICE Magazine, December 2003
Author: Robin Paul Malloy Publisher: Cambridge University Press ISBN: 1107320283 Category : Law Languages : en Pages : 444
Book Description
In Law in a Market Context Robin Paul Malloy examines the way in which people, as social beings, experience the intersection of law, markets, and culture. His work recognizes that experience varies by such characteristics as culture, race, gender, age, and class, among others. Thus, market analysis must account for these variations. Through case examples, illustrative fact patterns, and problems based on hypothetical situations he demonstrates the implications and the ambiguities of law in a market society. In his analysis he provides a complete and accessible introduction to a vast array of economic terms, concepts, and ideas - making this book a valuable primer for anyone interested in understanding the use of market concepts in legal reasoning.
Author: American Bar Association. House of Delegates Publisher: American Bar Association ISBN: 9781590318737 Category : Law Languages : en Pages : 216
Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Roland Portmann Publisher: Cambridge University Press ISBN: 1139493221 Category : Law Languages : en Pages :
Book Description
Several international legal issues are related to the concept of legal personality, including the determination of international rights and duties of non-state actors and the legal capacities of transnational institutions. When addressing these issues, different understandings of legal personality are employed. These concepts consider different entities to be international persons, state different criteria for becoming one and attach different consequences to being one. In this book, Roland Portmann systematizes the different positions on international personality by spelling out the assumptions on which they rest and examining how they were substantiated in legal practice. He puts forward the argument that positions on international personality which strongly emphasize the role of states or effective actors rely on assumptions that have been discarded in present international law. The principal argument is that international law has to be conceived as an open system, wherein there is no presumption for or against certain entities enjoying international personality.
Author: Samuel J. M. Donnelly
Author: Samuel J. M. Donnelly
Author: Karl Nickerson Llewellyn
Author: Robin Paul Malloy
Author: American Bar Association. House of Delegates
Author: Oliver Wendell Holmes
Author: Lyn Cobin Gullette
Author: Karl N. Llewellyn
Author: Xianzhong Sun
Author: 
Author: Roland Portmann