Instrumentalism and American Legal Theory PDF Download

Author: Robert S. Summers
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 304

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Author: Hanoch Dagan
Publisher: Oxford University Press
ISBN: 0199399131
Category : Law
Languages : en
Pages : 247

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Book Description
In the myriad choices of interpretation judges face when confronted with rules and cases, legal realists are concerned with how these doctrinal materials carry over into judicial outcomes. What can explain past judicial behavior and predict its future course? How can law constrain judgments made by unelected judges? How can the distinction between law and politics be maintained despite the collapse of law's autonomy in its positivist rendition? In Reconstructing American Legal Realism & Rethinking Private Law Theory, Hanoch Dagan provides an innovative and useful interpretation of legal realism. He revives the legal realists' rich account of law as a growing institution accommodating three sets of constitutive tensions-power and reason, science and craft, and tradition and progress-and demonstrates how the major claims attributed to legal realism fit into this conception of law. Dagan seeks to rein in realist descendants who have become fixated on one aspect of the big picture, and to dispel the misconceptions that those gone astray represent the tradition accurately or that realism is now merely a historical signpost. He draws upon the realist texts of Oliver Wendell Holmes, Karl Llewellyn, and others to explain how legal realism offers important and unique jurisprudential insights that are not just a part of legal history, but are also relevant and useful for a contemporary understanding of legal theory. Building on this realist conception of law and enriching its texture, Dagan addresses more particular jurisprudential questions. He shows that the realist achievement in capturing law's irreducible complexity is crucial to the reinvigoration of legal theory as a distinct scholarly subject matter, and is also inspiring for a host of other, more specific theoretical topics, such as the rule of law, the autonomy and taxonomy of private law, the relationships between rights and remedies, and the pluralism and perfectionism that typify private law.

Author: Mauro Zamboni
Publisher: Springer Science & Business Media
ISBN: 3540739262
Category : Law
Languages : en
Pages : 171

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Book Description
This book reconstructs and classifies, according to ideal-typical models, the different positions taken by the major contemporary legal theories as to whether and how law relates to politics. It presents a possible explanation as to why different legal theories, though often reaching diametric results, somehow must still begin from common basic points.

Author: Nicholas Onuf
Publisher: Routledge
ISBN: 1135972176
Category : Law
Languages : en
Pages : 889

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Book Description
Nicholas Onuf’s International Legal Theory: Essays and Engagements 1966-2007 is a collection of the author’s articles and book reviews from the period, including some previously unpublished material. The book records the author’s efforts to address important problems in international legal theory and to engage other scholars who were also addressing these problems. As well as demonstrating Onuf’s own constructivist contribution to the theoretical dimension of international law and international relations, each piece is preceded by a short introduction which highlights the wider themes and developments which have occurred in the field of international law in the last forty years.

Author: Charles D. Kelso
Publisher: Vandeplas Pub
ISBN: 9781600420207
Category : Law
Languages : en
Pages : 198

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FULL E-TREATISE AVAILABLE FOR VIEWING (McGeorge faculty and students only) IN THE INFORMATION COMMONS (IC-03).

Author: Robert Summers
Publisher: Springer Science & Business Media
ISBN: 9401594074
Category : Philosophy
Languages : en
Pages : 453

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Book Description
The essays in this book treat important aspects of most of the major themes in contemporary philosophy of law and legal theory. All reveal the distinctive authenticity of the author's work, for he is not only a reputable legal theorist but an internationally known scholar of private law, and for many years chair of the Bielefelder Kreis, an international group of legal theorists who have jointly authored major works comparing methodologies of statutory interpretation and precedent.

Author: Thomas C. Grey
Publisher: BRILL
ISBN: 9004272895
Category : Law
Languages : en
Pages : 270

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Book Description
In Formalism and Pragmatism in American Law Thomas Grey gives a full account of each of these modes of legal thought, with particular attention to the versions of them promulgated by their influential exponents Christopher Columbus Langdell and Oliver Wendell Holmes, Jr. Grey argues that legal pragmatism as understood by Holmes is the best jurisprudential framework for a modern legal system. He enriches his theoretical account with treatments of central issues in three important areas of law in the United States: constitutional interpretation, property, and torts.

Author: Anthony J. Sebok
Publisher: Cambridge University Press
ISBN: 0521480418
Category : Law
Languages : en
Pages : 343

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Book Description
This work represents a serious and philosophically sophisticated guide to modern American legal theory, demonstrating that legal positivism has been a misunderstood and underappreciated perspective through most of twentieth-century American legal thought.

Author: Ulf Linderfalk
Publisher: Edward Elgar Publishing
ISBN: 1786439514
Category : Law
Languages : en
Pages : 304

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Book Description
Whilst the concept of jus cogens has grown increasingly more important in public international law, lawyers remain hugely divided both over what precisely confers a jus cogens status on a norm, and what this conferral implies in terms of legal consequences. In this ground-breaking book, Ulf Linderfalk clearly and succinctly explores the reasons for this divide in order to facilitate more rational and productive future discourse.

Author: Michael P. Schutt
Publisher: InterVarsity Press
ISBN: 0830876685
Category : Religion
Languages : en
Pages : 283

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Book Description
Being a Christian lawyer is possible, but not easy. Law professor Michael Schutt believes that although there are significant obstacles, Christians belong in the legal profession and should regard it as a sacred calling. The Christian God is, after all, a God concerned with justice, both divine and human. However, the pathway beginning with law school and leading to the daily demands of practice doesn't provide much guidance for pursuing law as a Christian calling. Schutt offers this book as a vital resource for reconceiving the theoretical foundations of law and gives practical guidance for maintaining integrity within a challenging profession. A hopeful and practical book for law students and those serving in the legal profession.