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The Barrister's World--and the Nature of Law

The Barrister's World--and the Nature of Law PDF Author: John Morison
Publisher:
ISBN:
Category : Lawyers
Languages : en
Pages : 232

Book Description
A novel look at the role of the advocate in (UK) law. The authors suggest that, contrary to the orthodox view that law is about close analysis of text, law is more to do with persuasion, rhetoric, and negotiation. They conclude with an extended restatement of the neglected Realist views of Jerome Frank. Distributed by Taylor and Francis. Annotation copyrighted by Book News, Inc., Portland, OR

The Barrister's World--and the Nature of Law

The Barrister's World--and the Nature of Law PDF Author: John Morison
Publisher:
ISBN:
Category : Lawyers
Languages : en
Pages : 232

Book Description
A novel look at the role of the advocate in (UK) law. The authors suggest that, contrary to the orthodox view that law is about close analysis of text, law is more to do with persuasion, rhetoric, and negotiation. They conclude with an extended restatement of the neglected Realist views of Jerome Frank. Distributed by Taylor and Francis. Annotation copyrighted by Book News, Inc., Portland, OR

Barrister's World And The Nature Of Law

Barrister's World And The Nature Of Law PDF Author:
Publisher:
ISBN: 9788185353166
Category :
Languages : en
Pages :

Book Description


Lawyers and the Rule of Law

Lawyers and the Rule of Law PDF Author: Andrew Boon
Publisher: Bloomsbury Publishing
ISBN: 1509925236
Category : Law
Languages : en
Pages : 575

Book Description
This book examines lawyers' contributions to creating and maintaining the rule of law, one of the pillars of a liberal democracy. It moves from the European Enlightenment to the modern day, exploring the role of judges, government lawyers, and private practitioners in creating, defining, and being defined by, the demands of modern society. The book is divided into 4 parts representing the big themes. The first part considers lawyers' contribution to the growth of constitutionalism, the second, the formulation of roles and identities, and the third the formation of values. The fourth part focuses on the challenges faced by lawyers and the rule of law in the past 50 years, the neoliberal period, and how they challenge both conceptions of lawyers and the rule of law. Each part is illustrated by defining events, from the execution of Charles I, through the Nuremberg Trials, to the insurrection by supporters of Donald Trump in January 2021. Although the focus is on England and Wales, parallel developments in other jurisdictions, Australia, Canada, New Zealand, and the USA, are considered. This allows analysis of lawyers' historical and contemporary engagement with the rule of law in jurisdictional systems based on the Common Law. Each chapter is thematic, but the passage through the book is broadly chronological.

Jurisprudence or Legal Science

Jurisprudence or Legal Science PDF Author: Sean Coyle
Publisher: Bloomsbury Publishing
ISBN: 1847311571
Category : Law
Languages : en
Pages : 184

Book Description
Modern jurisprudence embodies two distinct traditions of thought about the nature of law. The first adopts a scientific approach which assumes that all legal phenomena possess universal characteristics that may be used in the analysis of any type of legal system. The main task of the legal philosopher is to disclose and understand such characteristics,which are thought to be capable of establishment independently of any moral or political values which the law might promote, and of any other context-dependent features of legal systems. Another form of jurisprudential reflection views the law as a complex form of moral arrangement which can only be analysed from within a system of reflective moral and political practices. Rather than conducting a search for neutral standpoints or criteria, this second form of theorising suggests that we uncover the nature and purpose of the law by reflecting on the dynamic properties of legal practice. Can legal philosophy aspire to scientific values of reasoning and truth? Is the idea of neutral standpoints an illusion? Should legal theorising be limited to the analysis of particular practices? Are the scientific and juristic approaches in the end as rigidly distinct from one another as some have claimed? In a series of important new essays the authors of Jurisprudence or Legal Science? attempt to answer these and other questions about the nature of jurisprudential thinking, whilst emphasising the connection of such 'methodological' concerns to the substantive legal issues which have traditionally defined the core of jurisprudential speculation. The list of contributors includes R. Alexy, S. Coyle, J. Gorman, C. Heidemann, P. Leith, J. Morison, G. Pavlakos and V. Rodriguez-Blanco.

Lawyers in Society

Lawyers in Society PDF Author: Philip Simon Coleman Lewis
Publisher: Beard Books
ISBN: 1587982641
Category : Law
Languages : en
Pages : 424

Book Description
Essays describing the legal profession in the common law world.

Lawyers in Society

Lawyers in Society PDF Author: Richard L. Abel
Publisher: Univ of California Press
ISBN: 9780520203327
Category : Law
Languages : en
Pages : 356

Book Description
Among all those who encounter the law in the conduct of their lives or who consider it as a career, few have a solid understanding of the legal profession in America, and fewer still know anything about systems in other parts of the world. Lawyers in Society offers a concise comparative introduction to the practice of law in a number of countries: England, Germany, Japan, Venezuela, and Belgium. Extracted from the editors' three highly successful volumes Lawyers in Society, these essays guide readers through the differing worlds of civil and common law, law in Europe and Asia, and first and third world legal systems. One contribution addresses the changing role of women in the profession--women comprise half of all new lawyers in most countries--and the changes they are bringing. A new introduction and concluding essay reflect on the place of this volume in current and future research.

The Great Juristic Bazaar

The Great Juristic Bazaar PDF Author: William Twining
Publisher: Routledge
ISBN: 1351543768
Category : History
Languages : en
Pages : 518

Book Description
Some law students find jurisprudence daunting, impersonal, dry and seemingly detached from practical affairs. William Twining believes that many jurists have been fascinating people struggling with questions that are both historically significant and relevant to contemporary issues. This book brings together previously published essays that centre on three related themes: reading Juristic texts, the role of narrative in law, and relations between theory and practice. Building on a pragmatic view of jurisprudence, the author explores different ways of reading and using Juristic texts, to set them in context, to bring them to life and to engage with the reader's own concerns. He applies this approach to throw fresh light on four familiar figures - Holmes, Bentham, Hart and Llewellyn. Challenging limited agendas and parochial points of view, Twining outlines a programme for a broad approach to legal theory in the context of globalization. He satirizes some bad habits in jurisprudence and explores in depth how stories can be seductive vehicles for cheating in legal contexts, yet are essential for making sense of disputes about fact or law.

English Legal System in Context 6e

English Legal System in Context 6e PDF Author: Fiona Cownie
Publisher: Oxford University Press
ISBN: 0199656568
Category : Law
Languages : en
Pages : 428

Book Description
This title has been written with a very simple aim in mind - to provide a text which will enable the English legal system to be taught as an interesting, intellectually stimulating course.

Courts, Law, and Politics in Comparative Perspective

Courts, Law, and Politics in Comparative Perspective PDF Author: Herbert Jacob
Publisher: Yale University Press
ISBN: 9780300063790
Category : Law
Languages : en
Pages : 420

Book Description
This comprehensive book compares the intersection of political forces and legal practices in five industrial nations--the United States, England, France, Germany, and Japan. The authors, eminent political scientists and legal scholars, investigate how constitutional courts function in each country, how the adjudication of criminal justice and the processing of civil disputes connect legal systems to politics, and how both ordinary citizens and large corporations use the courts. For each of the five countries, the authors discuss the structure of courts and access to them, the manner in which politics and law are differentiated or amalgamated, whether judicial posts are political prizes or bureaucratic positions, the ways in which courts are perceived as legitimate forms for addressing political conflicts, the degree of legal consciousness among citizens, the kinds of work lawyers do, and the manner in which law and courts are used as social control mechanisms. The authors find that although the extent to which courts participate in policymaking varies dramatically from country to country, judicial responsiveness to perceived public problems is not a uniquely American phenomenon.

Day in Court

Day in Court PDF Author: Francis L. Wellman
Publisher: Pickle Partners Publishing
ISBN: 1789126932
Category : Law
Languages : en
Pages : 236

Book Description
THIS is in no sense a law book. The general reader cares little for lawyers and their dry rules of law, or the prosaic forms of practice and procedure in our courts. Everybody, however, is interested in the drama of a great trial, where the property, reputation, liberty, or life of a human being is often at stake. This has been strikingly exemplified recently by the great interest taken in the trial of Madame Steinheil in France, accounts of which were published in all the leading newspapers of the world. All our leading newspapers, nowadays, publish detailed accounts of every occurrence of general interest long before such matters reach the stage of litigation, and the whole reading public thereby becomes a jury to weigh each step of the evidence and render their verdict upon its truth or falsity. That this is true even of quasi-scientific questions was well illustrated by the intense public interest in the newspaper controversy as to Dr. Cook’s alleged discovery of the North Pole, or his ascent of Mt. McKinley. The general public, therefore, should naturally be interested in the correct methods of sifting out the truth of any controversy or disputed question of fact, in which they may for any reason become interested. The purpose of this work is to give the general reader, and young men who desire to become successful advocates, some practical knowledge of the arts of great advocates in eliciting the truth; to indicate also the methods by which they charm and convince both court and jury, and win them over to their side of the controversy.—Francis L. Wellman