Basic themes in law and jurisprudence


Author: Charles W. Collier
Publisher: Anderson Pub Co
ISBN: N.A
Category: Law
Page: 486
View: 6840
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Jurisprudence

Themes and Concepts
Author: Scott Veitch,Emilios Christodoulidis,Lindsay Farmer
Publisher: Routledge
ISBN: 1136312528
Category: Law
Page: 320
View: 5064
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Jurisprudence: Themes and Concepts offers an original introduction to, and critical analysis of, the central themes studied in jurisprudence courses. The book is presented in three parts each of which contains General Themes, Advanced Topics, tutorial questions and guidance on further reading: Law and Politics, locating the place of law within the study of institutions of government Legal Reasoning, examining the contested nature of the application of law Law in Modernity, exploring the social forces that shape legal development. This second edition includes enhanced discussion of the rise of legal positivism within the context of the rise of the modern state, the changing role of natural and human rights discourse, concepts of justice in and beyond the nation state, the impact of emergency doctrines in contemporary legal regulation, and challenges to the rule of law in light of shifting and competing demands for new types of social solidarity. Accessible, interdisciplinary, and socially informed this book has been revised to take into account the latest developments in jurisprudential scholarship.

Patterns of American Jurisprudence


Author: Neil Duxbury
Publisher: Clarendon Press
ISBN: 0191018767
Category: Law
Page: 530
View: 1732
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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.

General Jurisprudence

Understanding Law from a Global Perspective
Author: William Twining
Publisher: Cambridge University Press
ISBN: 0521505933
Category: Law
Page: 517
View: 1867
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This book explores the implications of globalisation for the theoretical study of law, justice, and human rights.

The Cambridge Companion to Natural Law Jurisprudence


Author: George Duke,Robert P. George
Publisher: Cambridge University Press
ISBN: 1107120519
Category: Law
Page: 430
View: 5625
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This volume brings together leading experts on natural law theory to provide perspectives on the nature and foundations of law.

Rethinking Chinese Jurisprudence and Exploring Its Future

A Sociology of Knowledge Perspective
Author: Zhenglai Deng
Publisher: World Scientific
ISBN: 9814440310
Category: Law
Page: 281
View: 3602
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This book is an antecedent study on the task facing China's legal science, more strictly speaking OCo China's legal philosophy, in post-Cold War world structure. In broader terms, this is an academic study of China's own OC identityOCO and future in the world structure. The author believes that from 1978 to 2004, in spite of its great achievements, China's legal science has at the same time had some of its grave problems of being exposed. A fundamental problem is its failure to provide a OC Chinese legal ideal pictureOCO as the standard of and direction for evaluating, assessing and guiding China's law/legal development. This is an age of law without China's own ideal picture(s). However, why has China failed to have its own legal ideal picture(s)? Apparently this question in and of itself implies a question, both more directly and fundamentally, of China's legal science, namely why China's legal science has failed to provide China's own legal picture(s)? Or, as an internal critical approach may suggest (namely to critique China's legal science from the perspective of its promised objectives), where is China's legal science heading? Based on this, this book attempts to expound a standard to evaluate China's legal science through a theoretical discussion of this issue, and to further explore the possible direction for China's legal science beyond this age. Contents: Introduction; China's Legal Science and the OC Paradigm of ModernisationOCO A Critique and Reflection on the OC Paradigm of ModernisationOCO The Absence of OC ChinaOCO in China's Legal Scholarship; Further Examination of China's Legal Science (Part I): A Critique of Liang Zhiping's OC Thesis of Legal CultureOCO Further Examination of China's Legal Science (Part II): A Critique of Su Li's OC Thesis of Indigenous ResourcesOCO Tentative Conclusion. Readership: Researchers, professionals, undergraduate and graduate students interested in China's legal science and legal philosophy studies.

A Treatise of Legal Philosophy and General Jurisprudence

Volume 12 Legal Philosophy in the Twentieth Century: The Civil Law World, Tome 1: Language Areas, Tome 2: Main Orientations and Topics
Author: Enrico Pattaro,Corrado Roversi
Publisher: Springer Science & Business Media
ISBN: 9400714793
Category: Philosophy
Page: 1912
View: 7833
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A Treatise of Legal Philosophy and General Jurisprudence is the first-ever multivolume treatment of the issues in legal philosophy and general jurisprudence, from both a theoretical and a historical perspective. The work is aimed at jurists as well as legal and practical philosophers. Edited by the renowned theorist Enrico Pattaro and his team, this book is a classical reference work that would be of great interest to legal and practical philosophers as well as to jurists and legal scholar at all levels. The work is divided in two parts. The theoretical part (published in 2005), consisting of five volumes, covers the main topics of the contemporary debate; the historical part, consisting of six volumes (Volumes 6-8 published in 2007; Volumes 9 and 10, published in 2009; Volume 11 published in 2011 and Volume 12 forthcoming in 2016), accounts for the development of legal thought from ancient Greek times through the twentieth century. Volume 12 Legal Philosophy in the Twentieth Century: The Civil Law World Volume 12 of A Treatise of Legal Philosophy and General Jurisprudence, titled Legal Philosophy in the Twentieth Century: The Civil-Law World, functions as a complement to Gerald Postema’s volume 11 (titled Legal Philosophy in the Twentieth Century: The Common Law World), and it offers the first comprehensive account of the complex development that legal philosophy has undergone in continental Europe and Latin America since 1900. In this volume, leading international scholars from the different language areas making up the civil-law world give an account of the way legal philosophy has evolved in these areas in the 20th century, the outcome being an overall mosaic of civil-law legal philosophy in this arc of time. Further, specialists in the field describe the development that legal philosophy has undergone in the 20th century by focusing on three of its main subjects—namely, legal positivism, natural-law theory, and the theory of legal reasoning—and discussing the different conceptions that have been put forward under these labels. The layout of the volume is meant to frame historical analysis with a view to the contemporary theoretical debate, thus completing the Treatise in keeping with its overall methodological aim, namely, that of combining history and theory as a necessary means by which to provide a comprehensive account of jurisprudential thinking.

Pure Theory of Law


Author: Hans Kelsen
Publisher: Univ of California Press
ISBN: 9780520036925
Category: Law
Page: 356
View: 7522
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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: 2515
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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: 4042
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Is liberal democracy hostile to religion or is it compatible with the rights of believers? Prominant 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 versus Smith and the events of the 2000 presidential campaign. Americans must work continually to reconcile religious commitment and political obligation.

Main Themes in the Debate Over Property Rights


Author: James W. Ely
Publisher: Taylor & Francis
ISBN: 9780815326885
Category: History
Page: 444
View: 3507
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A multidisciplinary overview This new series gathers a broad selection of the best scholarly literature dealing with property rights in American constitutional history. The initial three volumes deal with the historical aspects of property ownership, many of which are relevant to contemporary developments. Another volume is devoted to the contract clause, which was the heart of a great deal of constitutional litigation. Two volumes deal directly and at length with current issues, such as regulatory takings. The authors come from a variety of disciplines, including history, law, and political science, bringing a multidisciplinary approach to the debate, and providing an excellent background for understanding contemporary issues. A versatile classroom and student research resource Because it gathers so many important articles from law reviews, academic journals, and books, including classic essays by prominent 19th-century authorities, this collection is a valuable resource for law schools. But its thorough exploration of a vital issue that has been the concern of legislators, courts, and citizens since the founding of the republic also makes it useful in American History classes. Professors will appreciate the collection because it gives them access to a concentration of material for classroom use and it's a user-friendly way to introduce students to a variety of opinions and, diversity of sources that can get them started on doing their own research. Students will appreciate the many articles as a veritable gold mine of information.

Law and Justice in Community


Author: Garrett Barden,Tim Murphy
Publisher: Oxford University Press on Demand
ISBN: 0199592683
Category: Law
Page: 284
View: 8201
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This book is a statement of a general theory of law. In technical terms it is not a book about jurisprudence (the philosophy of law) but rather a book of jurisprudence; in other words it proposes a philosophy or theory of law. It provides answers to the questions, 'what is law?' and 'what is justice?', and it claims to do so in a better and more comprehensive way than existing theories. In answering these questions the book draws on sources that have addressedthese questions down through the ages: among the key influences, for example, are Roman law and the works of Aristotle, St Thomas Aquinas and Thomas Hobbes. These and many other sources are combined with additional analysis and ideas to propose a complete and fresh account of how 'law' and 'justice'should be understood.

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: 7830
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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.

The Concept of Ideals in Legal Theory


Author: Sanne Taekema
Publisher: Springer Science & Business Media
ISBN: 9789041119711
Category: Philosophy
Page: 253
View: 7503
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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.

Human Rights in the South Pacific

Challenges and Changes
Author: Sue Farran
Publisher: Routledge
ISBN: 1135392307
Category: Law
Page: 368
View: 7837
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This book looks at the challenges and contemporary issues raised by human rights in the island countries of the South West Pacific which have come under the influence of the common law – where the legal systems are complex and perceptions of rights varies widely. Drawing on a wide range of resources to present a contemporary and evolving picture of human rights in the island states of the South Pacific region, the book considers the human rights aspects of constitutions, legal institutions and structures, social organisation, culture and custom, tradition and change. The materials provide legal, historical, political, social and cultural insights into the lived experience of human rights in the region supported by illustrative material from case-law, media reports, and policy documents. The book also locates the human rights concerns of Pacific islanders firmly within the wider theoretical and international domain while at the same time maintaining focus on the importance of the unique identity of Pacific island nations and people. Human Rights in the South Pacific will appeal to anyone interested in the region or in human rights including international rights advocates, investors and developers, policy-makers, representatives of government and civic society and those wishing to acquire a better understanding of what countries emerging from colonial rule face in developing but still retaining their identity.

Meaning in Law

A Theory of Speech
Author: Charles W. Collier
Publisher: Oxford University Press
ISBN: 0195388976
Category: Law
Page: 194
View: 7511
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Collier develops a general legal theory of speech on the basis of linguistic theory and the philosophy of language. He retraces the main conceptual stages in the expression of meaning, from natural notions of meaningfulness, through symbolism, to signification.

Training Manual on International Environmental Law


Author: Lal Kurukulasuriya,Nicholas A. Robinson
Publisher: UNEP/Earthprint
ISBN: 9789280725544
Category: Political Science
Page: 388
View: 3433
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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.

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: 6086
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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).

Law and Society in England


Author: Bob Roshier,Harvey Teff
Publisher: Routledge
ISBN: 1136424245
Category: Social Science
Page: 280
View: 6666
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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.

The Jurisprudence of Law's Form and Substance


Author: Robert S. Summers
Publisher: Ashgate Pub Limited
ISBN: N.A
Category: Law
Page: 309
View: 4742
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Robert S. Summers is a distinguished legal theorist whose work has had significant practical influence in Europe as well as the United States. The study of form and substance in law, the theme of this collection, marks his most distinctive contributions to legal philosophy over four decades.