Basic themes in law and jurisprudence


Author: Charles W. Collier
Publisher: Anderson Pub Co
ISBN: N.A
Category: Law
Page: 486
View: 6904
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Patterns of American Jurisprudence


Author: Neil Duxbury
Publisher: Clarendon Press
ISBN: 0191018767
Category: Law
Page: 530
View: 1893
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This unique study offers a comprehensive analysis of American jurisprudence from its emergence in the later stages of the nineteenth century through to the present day. The author argues that it is a mistake to view American jurisprudence as a collection of movements and schools which have emerged in opposition to each other. By offering a highly original analysis of legal formalism, legal realism, policy science, process jurisprudence, law and economics, and critical legal studies, he demonstrates that American jurisprudence has evolved as a collection of themes which reflect broader American intellectual and cultural concerns.

Meaning in Law: A Theory of Speech


Author: Charles W. Collier
Publisher: Oxford University Press
ISBN: 0199745196
Category: Philosophy
Page: 208
View: 4192
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Despite widespread admiration for the First Amendment's protection of speech, this iconic feature of American legal thought has never been adequately theorized. Existing theories of speech proceed on the basis of legal doctrine and judicial decisionmaking, social and political philosophy, or legal and intellectual history. But these are not the disciplines one would most naturally turn to in analyzing speech. Meaning in Law: A Theory of Speech takes a new and different approach. This book develops a general legal theory of speech on the basis of linguistic theory and the philosophy of language. The opening chapters retrace the main conceptual stages in the expression of meaning: from natural meaning, through symbolism, to signification. Later chapters analyze symbolic speech (communication by nonlinguistic means) as the key to developing an intention-based theory of speech. The essential elements of the theory are (1) nonnatural meaning, (2) the signaling of intent, (3) the recognition of intent, and (4) establishing a convention. A final chapter applies these insights to the case law of symbolic speech and resolves some basic confusions in the legal literature. This analysis proceeds by way of an original distinction between actual conduct (in the real world) and the "ideal conduct" described in a statute. The former may be described both as communicative and noncommunicative, while the latter has already been conceptualized as either communicative or noncommunicative. This distinction clears up a major legal quandary: how conduct that counts as communication may nevertheless be regulated or prohibited, without running afoul of the First Amendment's protection of speech.

Law Express: Jurisprudence


Author: Julia J.A. Shaw
Publisher: Pearson UK
ISBN: 1292210613
Category: Law
Page: 176
View: 6439
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JOIN OVER HALF A MILLION STUDENTS WHO CHOSE TO REVISE WITH LAW EXPRESS Revise with the help of the UK’s bestselling law revision series. Features: · Review essential cases, statutes, and legal terms before exams. · Assess and approach the subject by using expert advice. · Gain higher marks with tips for advanced thinking and further discussions. · Avoid common pitfalls with Don’t be tempted to. · Practice answering sample questions and discover additional resources on the Companion website. www.pearsoned.co.uk/lawexpress

Jurisprudence Lecture Notes


Author: Peter Curzon
Publisher: Cavendish Publishing
ISBN: 1843142945
Category: Law
Page: 360
View: 5418
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First published in 1999. Routledge is an imprint of Taylor & Francis, an informa company.

Jurisprudence

Themes and Concepts
Author: Scott Veitch,Emilios A. Christodoulidis,Lindsay Farmer
Publisher: Routledge Cavendish
ISBN: 9781859418154
Category: Law
Page: 278
View: 2362
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Jurisprudence: Themes and Conceptstakes an innovative approach to the study of jurisprudence. Drawing together a range of specialists making original contributions, it provides a summary, analysis and critique of basic themes in, and major contributions to, the study of jurisprudence. The book explores issues and ideas in jurisprudence in a way that integrates them with legal study more broadly, avoiding the tendency in recent years for the subject to become overly inward-looking, specialist and technical. Since the approach taken is an interdisciplinary one, it also makes connections with contemporary issues in political and social theory – such as changing conceptions of sovereignty, globalisation, the role of rights, and the relationship of other forms of power to the legal realm – in order to situate current jurisprudential debates. The book is divided into three parts: Law and Politics, Legal Reasoning, and Law and Modernity. Its coverage is therefore broad and links legal, political, philosophical and social analysis to wider contemporary concerns with which the study of jurisprudence should be engaged.

Social Work in Juvenile and Criminal Justice Settings


Author: Albert R. Roberts,David W. Springer
Publisher: Charles C Thomas Publisher
ISBN: 0398076766
Category: Social Science
Page: 438
View: 5263
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In this completely revised and updated classic, Professors Roberts and Springer, along with 51 justice-oriented and forensic experts, have set the standard of care for mental health treatment and the delivery of social services to crime victims, juvenile and adult offenders, and their families. The second edition of Social Work in Juvenile and Criminal Justice Settings was published almost ten years ago in 1997, and was also translated to Chinese. Now Dr. Roberts, Dr. Springer, and their team of 51 prominent chapter authors have done such a thorough job of updating and finding new authors, that the end result is a comprehensive new book. In this third edition, 16 of the 31 chapters are new and specially written for this book. A growing number of mental health professionals are recognizing the need to examine current evidence-based program developments, assessment, and treatment practices with crime victims and offenders. This book focuses on the multiple roles and practices of justice social workers, also known as forensic social workers and crisis counselors. Many professional social workers, counselors and field placement students work in corrections and probation, forensic mental health, addictions treatment, juvenile justice, victim assistance, and police social work settings. In the words of Dean Barbara W. White (former President, Council on Social Work Education, and NASW) in her laudatory Foreword to this edition: "This groundbreaking book provides the necessary blueprints and guidelines for best practices with crime victims as well as juvenile and adult offenders in institutional, community- based, diversion, and aftercare programs. . . . This is the first all-inclusive, authoritative, exceptionally well-written volume on social policies and social work practices in both juvenile justice and criminal justice settings. . . . This book is a landmark achievement." An increasing number of offenders and victims have been found to be

Piety, Politics, and Pluralism

Religion, the Courts, and the 2000 Election
Author: Mary C. Segers
Publisher: Rowman & Littlefield
ISBN: 9780742515154
Category: Political Science
Page: 257
View: 8317
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Piety, Politics, and Pluralism skillfully confronts the question: Is liberal democracy hostile to religion or is it compatible with the rights of believers? Prominent scholars analyze the controversy about religious freedom by examining two areas at the intersection of religion and politics in contemporary American society: the Supreme Court's 1990 decision in Oregon v. Smith and the events of the 2000 presidential campaign. Their essays remind us that in an increasingly pluralistic society, Americans must work continually to reconcile religious commitment and political obligation. Piety, Politics, and Pluralism is a groundbreaking work that will be indispensable to students of religion and politics, American politics, and constitutional law.

The Concept of Ideals in Legal Theory


Author: Sanne Taekema
Publisher: Springer Science & Business Media
ISBN: 9789041119711
Category: Philosophy
Page: 253
View: 6099
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Talk about law often includes reference to ideals of justice, equality or freedom. But what do we refer to when we speak about ideals in the context of law? This book explores the concept of ideals by combining an investigation of different theories of ideals with a discussion of the role of ideals in law. A comparison of the theories of Gustav Radbruch and Philip Selznick leads up to a pragmatist theory of legal ideals, which provides an interesting new position in the debate about values in law between legal positivists and natural law thinkers. Attention for law's central ideals enables us to understand law's autonomous character, while at the same time tracing its connection to societal values. Essential reading for anyone interested in the role of values or ideals in law.

Classic Writings in Law and Society

Second Edition, Revised and Expanded
Author: A. Javier Trevino
Publisher: Transaction Publishers
ISBN: 1412844606
Category: Social Science
Page: 388
View: 5101
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This volume consists of outstanding essays by contemporary scholars and specialists on classic writings in law and society. This second edition expands the previous volume by adding additional statements. Included are commentaries on Edward A. Ross’s Social Control: A Survey of the Foundations of Order, Karl N. Llewellyn’s Jurisprudence: Realism in Theory and Practice, Jerome Frank’s Law and the Modern Mind, Leon Petrazycki’s Law and Morality, and Karl Renner’s The Institutions of Private Law and their Social Functions. The goal of Classic Writings in Law and Society is to acquaint a new generation of students with classic writings by diverse social and legal scholars—ranging from Henry Sumner Maine, Oliver Wendell Holmes, Jr., and Hans Kelsen to Eugen Ehrlich, Nicholas S. Timasheff, and Richard Quinney. This work continues to demonstrate their contemporary theoretical relevance. Accordingly, each chapter speaks of the scholars’ work in general, how the particular book under consideration fits into that corpus, and how the book is assessed in a present day context. These essays have a clear relation to the "classic" tradition in sociolegal thought. Reading the classics is useful in gaining a better understanding and appreciation of the essential foundation for a post-classic approach in law and social inquiry—an approach that can be found in such orientations as critical legal studies, chaos theory in law, and legal semiotics. Classic Writings in Law and Society includes commentaries that consider early writings that set the standard for the social scientific approach in examining issues of law and punishment, social control, joint stock companies, business firms and nation-states in the study of law and society.

Law and Society in England


Author: Bob Roshier,Harvey Teff
Publisher: Routledge
ISBN: 1136424245
Category: Social Science
Page: 280
View: 4708
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Tavistock Press was established as a co-operative venture between the Tavistock Institute and Routledge & Kegan Paul (RKP) in the 1950s to produce a series of major contributions across the social sciences. This volume is part of a 2001 reissue of a selection of those important works which have since gone out of print, or are difficult to locate. Published by Routledge, 112 volumes in total are being brought together under the name The International Behavioural and Social Sciences Library: Classics from the Tavistock Press. Reproduced here in facsimile, this volume was originally published in 1980 and is available individually. The collection is also available in a number of themed mini-sets of between 5 and 13 volumes, or as a complete collection.

Training Manual on International Environmental Law


Author: Lal Kurukulasuriya,Nicholas A. Robinson
Publisher: UNEP/Earthprint
ISBN: 9789280725544
Category: Political Science
Page: 388
View: 5867
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Offers an overview of the body of environmental law. This report is intended for legal stakeholders from various backgrounds including government representatives, judges, university professors and students to enable them to more effectively participate in the global, regional and national efforts to preserve the Earth for future generations.

Law, Gender, and Injustice

A Legal History of U.S. Women
Author: Joan Hoff
Publisher: NYU Press
ISBN: 0814744869
Category: Law
Page: 580
View: 5933
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In this widely acclaimed landmark study, Joan Hoff illustrates how women remain second- class citizens under the current legal system and questions whether the continued pursuit of equality based on a one-size-fits-all vision of traditional individual rights is really what will most improve conditions for women in America as they prepare for the twenty-first century. Concluding that equality based on liberal male ideology is no longer an adequate framework for improving women's legal status, Hoff's highly original and incisive volume calls for a demystification of legal doctrine and a reinterpretation of legal texts (including the Constitution) to create a feminist jurisprudence.

A Treatise of Legal Philosophy and General Jurisprudence

Vol. 9: A History of the Philosophy of Law in the Civil Law World, 1600-1900; Vol. 10: The Philosophers' Philosophy of Law from the Seventeenth Century to Our Days.
Author: Damiano Canale,Paolo Grossi,Hasso Hofmann,Patrick Riley
Publisher: Springer Science & Business Media
ISBN: 9048129648
Category: Philosophy
Page: 740
View: 7561
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TO VOLUMES 9 AND 10 OF THE TREATISE I am happy to present here the third batch of volumes for the Treatise project: This is the batch consisting of Volumes 9 and 10, namely, A History of the P- losophy of Law in the Civil Law World, 1600–1900, edited by Damiano Canale, Paolo Grossi, and Hasso Hofmann, and The Philosophers’ Philosophy of Law from the Seventeenth Century to Our Days, by Patrick Riley. Three v- umes will follow: Two are devoted to the philosophy of law in the 20th c- tury, and the third one will be the index for the entire Treatise, which will 1 therefore ultimately comprise thirteen volumes. This Volume 9 runs parallel to Volume 8, A History of the Philosophy of Law in the Common Law World, 1600–1900, by Michael Lobban, published in 2007. Volume 10, for its part, takes up where Volume 6 left off: which appeared under the title A History of the Philosophy of Law from the Ancient Greeks to the Scholastics (edited by Fred Miller Jr. in association with Carrie-Ann Biondi, likewise published in 2007), and which is mainly a history of the p- losophers’ philosophy of law (let us refer to this philosophy as A).

The Cambridge Companion to Natural Law Jurisprudence


Author: George Duke,Robert P. George
Publisher: Cambridge University Press
ISBN: 1107120519
Category: Law
Page: 430
View: 932
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This volume brings together leading experts on natural law theory to provide perspectives on the nature and foundations of law.

Law and Society in Transition

Toward Responsive Law
Author: Phillippe Nonet,Philip Selznick
Publisher: Transaction Publishers
ISBN: 9781412827317
Category: Political Science
Page: 122
View: 3479
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Explains the primary forms of law as a social, political and normative phenomenon. The authors illustrate the fundamental difference between repressive law, riddled with raw conflict and the accommodation of special interests, and responsive law, the reasoned effort to realize an ideal of polity.

Jurisprudence


Author: Suri Ratnapala
Publisher: Cambridge University Press
ISBN: 1107292697
Category: Law
Page: N.A
View: 2991
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Jurisprudence offers a comprehensive overview of legal theory and philosophy. Written in plain English, it examines and demystifies the discipline's major ideas, promoting a deeper understanding of the social, moral and economic dimensions of the law. It critically assesses the major schools of jurisprudential thought throughout history and to the present, from Plato and Aristotle to Enlightenment thinkers, postmodernists and economic analysts. The book challenges students to reconsider their moral intuitions in light of established theories. This edition examines recent debates and literature in legal philosophy. It features new material on scientific advances in cognition and human behaviour in relation to the law. The book expands significantly on its discussion of natural law theory, evolutionary jurisprudence and theories of justice. Special attention is paid to the revival of theological natural law, challenges to legal positivism, assessments of Scandinavian realism and critiques of law and economics from the Austrian economic perspective.

A Treatise of Legal Philosophy and General Jurisprudence

Vol. 6: A History of the Philosophy of Law from the Ancient Greeks to the Scholastics; Vol. 7: The Jurists' Philosophy of Law from Rome to the Seventeenth Century; Vol 8: A History of the Phil. of Law in the Common Law World, 1600-1900.
Author: Michael Lobban
Publisher: Springer Science & Business Media
ISBN: 9781402049507
Category: Law
Page: 948
View: 9486
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This comprehensive treatment of legal philosophy and general jurisprudence is designed for jurists as well as legal and practical philosophers. The treatise is presented in two sections: The 5-volume Theoretical part (2005) covers topics of contemporary debate; The 6-volume Historical part (2006-2007) traces the development of legal thought from ancient Greece through the twentieth century. This release incorporates Vol. 6: A History of the Philosophy of Law from the Ancient Greeks to the Scholastics; Vol. 7: The Jurists' Philosophy of Law from Rome to the Seventeenth Century; and Vol 8: A History of the Philosophy of Law in the Common Law World, 1600-1900.

The Rio Declaration on Environment and Development

A Commentary
Author: Jorge E. Viñuales
Publisher: OUP Oxford
ISBN: 0191510424
Category: Law
Page: 530
View: 8049
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The international community has long grappled with the issue of safeguarding the environment and encouraging sustainable development, often with little result. The 1992 Rio Declaration on Environment and Development was an emphatic attempt to address this issue, setting down 27 key principles for the international community to follow. These principles define the rights of people to sustainable development, and the responsibilities of states to safeguard the common environment. The Rio Declaration established that long term economic progress required a connection to environmental protection. It was designed as an authoritative and comprehensive statement of the principles of sustainable development law, an instrument to take stock of the past international and domestic practice, a guide for the design of new multilateral environmental regimes, and as a reference for litigation. This commentary provides an authoritative and comprehensive overview of the principles of the Declaration, written by over thirty inter-disciplinary contributors, including both leading practitioners and academics. Each principle is analysed in light of its origins and rationale. The book investigates each principle's travaux préparatoires setting out the main points of controversy and the position of different countries or groups. It analyses the scope and dimensions of each principle, providing an in-depth understanding of its legal effects, including whether it can be relied before a domestic or international court. It also assesses the impact of the principles on subsequent soft law and treaty development, as well as domestic and international jurisprudence. The authors demonstrate the ways in which the principles interact with each other, and finally provide a detailed analysis of the shortcomings and future potential of each principle. This book will be of vital importance to practitioners, scholars, and students of international environomental law and sustainable development.

Jurisprudence

Realism in Theory and Practice
Author: Karl N. Llewellyn
Publisher: Transaction Publishers
ISBN: 1412813786
Category: Philosophy
Page: 549
View: 1086
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Jurisprudence: Realism in Theory and Practice compiles many of Llewellyn's most important writings. For his time, the thirties through the fifties, Llewellyn offered fresh approaches to the study of law and society. Although these writings might not seem innovative today, because they have become widely applied in the contemporary world, they remain a testament to his. The ideas he advanced many decades ago have now become commonplace among contemporary jurisprudence scholars as well as social scientists studying law and legal issues. Legal realism, the ground of Llewellyn's theory, attempts to contextualize the practice of law. Its proponents argue that a host of extra-legal factors--social, cultural, historical, and psychological, to name a few--are at least as important in determining legal outcomes as are the rules and principles by which the legal system operates. Oliver Wendell Holmes, Jr., book, The Common Law, is regarded as the founder of legal realism. Holmes stated that in order to truly understand the workings of law, one must go beyond technical (or logical) elements entailing rules and procedures. The life of the law is not only that which is embodied in statutes and court decisions guided by procedural law. Law is just as much about experience: about flesh-and-blood human beings doings things together and making decisions. Llewellyn's version of legal realism was heavily influenced by Pound and Holmes. The distinction between "law in books" and "law in action" is an acknowledgement of the gap that exists between law as embodied in criminal, civil, and administrative code books, and law. A fully formed legal realism insists on studying the behavior of legal practitioners, including their practices, habits, and techniques of action as well as decision-making about others. This classic studyis a foremosthistorical work on legal theory, and is essential for understanding the roots of this influential perspective.