Judges and Adjudication in Constitutional Democracies: A View from Legal Realism PDF Download

Author: Pierluigi Chiassoni
Publisher: Springer Nature
ISBN: 3030581861
Category : Law
Languages : en
Pages : 204

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Book Description
The book offers contributions to a philosophical and realistic approach to the place of adjudication in contemporary constitutional democracies. Bringing together scholars from different legal and philosophical backgrounds, the book purports to cast light on the role(s) of judges and the function of judicial interpretation inside of constitutional states, from the standpoint of legal realism as a revisited and sophisticated jurisprudential outlook. In so doing, the book also copes with a few major jurisprudential issues, like, e.g., determining the ideas that make up the core of legal realism, exploring the relation between legal realism and legal positivism, identifying the boundaries of judicial interpretation as they appear from a realist standpoint, as well as considering some skeptical outlooks on the very claims of contemporary legal realism.

Author: Lutz-Christian Wolff
Publisher: Springer Nature
ISBN: 9811591482
Category : Law
Languages : en
Pages : 134

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Book Description
Written by an award-winning professor with over 25 years of experience, this book explains comprehensively the different facets of law teaching from the law teacher’s perspective. It uniquely covers numerous topics which have been ignored by the legal education literature so far, but which are of immense importance for the success of law students, law schools and—last but not least—the day-to-day work of law teachers themselves. These topics include the goals of law teaching, the factors that lead to successful law teaching, special characteristics of good law teachers, different ways of preparing for in-class success, face-to-face versus online teaching, the in-class teaching experience, assessments, teaching evaluations, the design of new courses and programmes, the teacher–student and the teacher–teacher relationship, the importance of teaching administration as well as the future of law teaching in the digital age. The author approaches various themes from the viewpoint of his own experience. He tells his very personal stories of classroom success and failure, of enthusiasm, fun and disappointments when dealing with law students, of accomplishments and frustrations when considering learning outcomes and of surprises when dealing with red tape. He thus allows the readership to grasp different aspects of law teaching in a very hands-own way and facilitates the understanding of the underlying often rather complex human-to-human relationships. This book should be in the bookshelf of any law teacher. As it covers a wide spectrum of so far unexplored legal education issues, it is also an invaluable source at the start of a law teaching career, but also for established law teachers who wish to reflect on their own teaching approaches. A rich body of cross-references to the existing literature makes the book a powerful tool for research on any aspect of legal education. Last but not least, the author’s ironic sense of himself and of the law teacher profession makes the book a very entertaining read for anybody who always wanted to know what law teaching really is (and is not) about.

Author: Kenneth Einar Himma
Publisher:
ISBN: 9789462366565
Category : Civil rights
Languages : en
Pages : 0

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Book Description
The notion of fundamental rights is one of the most important topics of our times. Strident controversies concerning the content of fundamental rights have increased worldwide, sometimes degenerating into violent conflicts. Yet legal and political theorists have so far paid insufficient attention to these controversies. This collection of essays by internationally renowned scholars is a salutary first step in the direction of resolving these disputes. The essays discuss many urgent problems concerning fundamental rights, including: how such rights can be philosophically explained; how fundamental and human rights are related; how fundamental constitutional rights protecting minorities from oppression can be justified; and how constitutional human rights provisions can be implemented and applied. The authors hope to contribute to solving the disputes on fundamental rights through intellectual consensus rather than violence. (Series: Democracy and the Rule of Law, Vol. 6) [Subject: Human Rights Law, Rule of Law, Constitutional Law]

Author: Miodrag A. Jovanović
Publisher: Central and Eastern European Forum for Legal, Political, and Social Theory Yearbook
ISBN: 9783631622070
Category : Jurisprudence
Languages : en
Pages : 0

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Book Description
The second Yearbook of the Central East European Forum of Young Legal, Political and Social Theorists aims at reassessing some major legacies of jurisprudence and political philosophy, thereby celebrating one hundred years from the publication of the first important theoretical account of Hans Kelsen - Hauptprobleme der Staatsrechtslehre; the fifty-years anniversary of one of the most important contemporary books in legal theory - Herbert Hart's The Concept of Law; as well as the forty-years heritage of the most influential 20th century account of justice - John Rawls's A Theory of Justice. On this occasion fourteen scholars from Eastern and Central Europe gave their accounts and interpretations of jurisprudential and political philosophical problems that persist or emerge anew in contemporary debates.