The Universal History of Legal Thought PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download The Universal History of Legal Thought PDF full book. Access full book title The Universal History of Legal Thought by Roberto Mangabeira Unger. Download full books in PDF and EPUB format.
Author: Roberto Mangabeira Unger Publisher: Deep Freedom Books ISBN: Category : Law Languages : en Pages : 76
Book Description
This essay explores the contradictory coexistence between two approaches to law that have been dominant in all major legal traditions: law as the normative order chosen by the legitimate and effective holders of power in the state and law as a normative order implicit in social life -- a series of detailed models of what relations among people can and should look like in different parts of social experience. The rudimentary form of the first approach is legal thought as the interpretation of law laid down by the sovereign. The simplest form of the second approach is legal thought as authoritative doctrine developed by jurists and judges in the absence of legislation or as its most important source. The central problems of legal theory result from the impossibility of reconciling these two views of law. The solution to those problems is not theoretical; it is practical: the changes in the organization of society, the economy, and the state that would make democratic self-government a reality -- rather than the sham that it continues to be -- and transform the character of both legislation and legal doctrine. Such a practical solution, however, requires, to guide it, a revolution in our thinking about the institutional and ideological regimes, expressed as law, that shape social life. The foremost task of legal thought today, and the answer to the enigmas of its universal history, is to contribute to the development of that way of thinking.
Author: Roberto Mangabeira Unger Publisher: Deep Freedom Books ISBN: Category : Law Languages : en Pages : 76
Book Description
This essay explores the contradictory coexistence between two approaches to law that have been dominant in all major legal traditions: law as the normative order chosen by the legitimate and effective holders of power in the state and law as a normative order implicit in social life -- a series of detailed models of what relations among people can and should look like in different parts of social experience. The rudimentary form of the first approach is legal thought as the interpretation of law laid down by the sovereign. The simplest form of the second approach is legal thought as authoritative doctrine developed by jurists and judges in the absence of legislation or as its most important source. The central problems of legal theory result from the impossibility of reconciling these two views of law. The solution to those problems is not theoretical; it is practical: the changes in the organization of society, the economy, and the state that would make democratic self-government a reality -- rather than the sham that it continues to be -- and transform the character of both legislation and legal doctrine. Such a practical solution, however, requires, to guide it, a revolution in our thinking about the institutional and ideological regimes, expressed as law, that shape social life. The foremost task of legal thought today, and the answer to the enigmas of its universal history, is to contribute to the development of that way of thinking.
Author: Roberto Mangabeira Unger Publisher: Verso Books ISBN: 1781683417 Category : Law Languages : en Pages : 226
Book Description
Critical legal studies is the most important development in progressive thinking about law of the past half century. It has inspired the practice of legal analysis as institutional imagination, exploring, with the materials of the law, alternatives for society. The Critical Legal Studies Movement was written as the manifesto of the movement by its central figure. This new edition includes a revised version of the original text, preceded by an extended essay in which its author discusses what is happening now and what should happen next in legal thought.
Author: Horatia Muir Watt Publisher: Bloomsbury Publishing ISBN: 1509940111 Category : Law Languages : en Pages : 367
Book Description
This important book offers an ambitious and interdisciplinary vision of how private international law (or the conflict of laws) might serve as a heuristic for re-working our general understandings of legality in directions that respond to ever-deepening global ecological crises. Unusual in legal scholarship, the author borrows (in bricolage mode) from the work of Bruno Latour, alongside indigenous cosmologies, extinction theories and Levinassian phenomenology, to demonstrate why this field's specific frontier location at the outpost of the law where it is viewed from the outside as obscure and from the inside as a self-contained normative world generates its potential power to transform law generally and globally. Combining pragmatic and pluralist theory with an excavation of 'shadow' ecological dimensions of law, the author, a recognised authority within the field as conventionally understood, offers a truly global view. Put simply, it is a generational magnum opus. All international and transnational lawyers, be they in the private or public field, should read this book.
Author: Daniel Lee Publisher: Oxford University Press ISBN: 0191062448 Category : Law Languages : en Pages : 385
Book Description
Popular sovereignty - the doctrine that the public powers of state originate in a concessive grant of power from "the people" - is the cardinal doctrine of modern constitutional theory, placing full constitutional authority in the people at large, rather than in the hands of judges, kings, or a political elite. This book explores the intellectual origins of this influential doctrine and investigates its chief source in late medieval and early modern thought - the legal science of Roman law. Long regarded the principal source for modern legal reasoning, Roman law had a profound impact on the major architects of popular sovereignty such as François Hotman, Jean Bodin, and Hugo Grotius. Adopting the juridical language of obligations, property, and personality as well as the classical model of the Roman constitution, these jurists crafted a uniform theory that located the right of sovereignty in the people at large as the legal owners of state authority. In recovering the origins of popular sovereignty, the book demonstrates the importance of the Roman law as a chief source of modern constitutional thought.
Author: Justin Desautels-Stein Publisher: Cambridge University Press ISBN: 1108365221 Category : Law Languages : en Pages : 596
Book Description
For more than a century, law schools have trained students to 'think like a lawyer'. In these times of legal crisis, both in legal education and in global society, what does that mean for the rest of us? In this book, thirty leading international scholars - including Louis Assier-Andrieu, Marianne Constable, Yves Dezalay, Denise Ferreira da Silva, Bryant Garth, Peter Goodrich, Duncan Kennedy, Martti Koskenniemi, Shaun McVeigh, Samuel Moyn, Annelise Riles, Charles Sabel and William Simon - examine what is distinctive about legal thought. They probe the relation between law and time, law and culture, and legal thought and legal action; the nature of current legal thought; the geography of legal thought; and the conditions for recognition of a new 'contemporary' style of law. This work will help theorists, social scientists, historians and students understand the intellectual context of legal problems, legal doctrine, and jurisprudential trends in the current conjuncture.
Author: Edward Cavanagh Publisher: BRILL ISBN: 9004431241 Category : Law Languages : en Pages : 633
Book Description
Together, the chapters in Empire and Legal Thought make the case for seeing the history of international legal thought and empires against the background of broad geopolitical, diplomatic, administrative, intellectual, religious, and commercial changes over thousands of years.
Author: Gianfrancesco Zanetti Publisher: Springer Nature ISBN: 3031195507 Category : Law Languages : en Pages : 303
Book Description
This Handbook discusses representative philosophers in the history of the philosophy of law and social philosophy, giving clear concise expert definitions and explanations of key personalities and their ideas. It provides an essential reference for experts and newcomers alike.
Author: Charles Abrahams Publisher: Penguin Random House South Africa ISBN: 1776093534 Category : Biography & Autobiography Languages : en Pages : 198
Book Description
Charles Abrahams has spearheaded class-action lawsuits to defend the vulnerable and oppressed, but as a child he experienced oppression himself in the most visceral way. In this remarkable memoir, Charles recounts his poverty-stricken youth on the Cape Flats, amidst habitual gang fights and domestic violence. In the tiny home he shared with ten siblings, his father abused his mother, while at school he and other learners were brutalised by teachers and subjected to inferior ‘Bantu education’. Growing increasingly resilient and resistant, Charles joined the school boycotts of the late 1980s, educated himself through relentless reading, and succeeded in studying at university and qualifying as a lawyer. He made a living defending local gangsters, until a scholarship took him to the Netherlands to study international law. There, in the seedy streets of Amsterdam, he confronted the racial and sexual scars of his past. Charles returned to South Africa determined to use class-action lawsuits as a weapon of social justice. He sued multinationals in New York for supporting the apartheid govern- ment, took on food companies for xing the price of bread, and secured a R5-billion settle- ment from South Africa’s goldmining industry for miners suffering from silicosis and tuberculosis. Class Action is the honest, insightful and inspiring story of a man who wrestled with oppression and resolved to keep fighting it.
Author: Daniel McLinden Publisher: Universal-Publishers ISBN: 1627343261 Category : Law Languages : en Pages : 120
Book Description
Here American history and American law merge into one. Key historical events and landmark legal cases fill the pages of this book. American ideals of “All men are created equal” and “Equal justice under law” run headlong into white supremacy and gender inequality. This textbook allows history teachers and students alike to explore the social and cultural impact of judicial thinking on American society. The lessons are clear, concise and informative. They can be taught in a single semester in a Civil Rights class or in tandem with an American History class. A wider reading audience, interested in how the wheels of justice turn, can gain a deep understanding in short order of the history and case law surrounding civil rights. WORDS OF PRAISE "A brief and comprehensive analysis of cases with perceptible legal acuity from beginning of the nation to present day. This book gives readers substantial insight into how the legal system did or did not work. It documents graphically how the law is a living, organic and expanding force." --William J. McCarthy Lawyer/Educator McAllen, Texas "A must read for history students! Mr. McLinden’s book chronicles details of past and recent events in US history. This book does not contain any fluff or useless information." --Bitsey Horton Paralegal Los Angeles, California "A stimulating new book, with a great narrative. It turns usually impenetrable legal writings into a fabled, real-life struggle for civil rights. It shows how lawmakers and courts have promoted and protected personal freedoms, but also have historically attacked and ignored those same freedoms. This panoramic view provides an honest portrayal of the strides and setbacks our country has been dealing with in our march towards Justice for All." --Robert F. Durham Ph.D. 30-year History teacher Salt Lake City Schools
Author: James Henderson Burns Publisher: Cambridge University Press ISBN: 9780521477727 Category : History Languages : en Pages : 818
Book Description
This book, first published in 1992, presents a comprehensive scholarly account of the development of European political thinking through the Renaissance and the reformation to the 'scientific revolution' and political upheavals of the seventeenth century. It is written by a highly distinguished team of contributors.
Author: Roberto Mangabeira Unger
Author: Roberto Mangabeira Unger
Author: Roberto Mangabeira Unger
Author: Horatia Muir Watt
Author: Daniel Lee
Author: Justin Desautels-Stein
Author: Edward Cavanagh
Author: Gianfrancesco Zanetti
Author: Charles Abrahams
Author: Daniel McLinden
Author: James Henderson Burns