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Legal Realism Regained

Legal Realism Regained

Author: Wouter De Been

Publisher: Jurists: Profiles in Legal The

ISBN: UOM:39015076125908

Category: Law

Page: 249

View: 152

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Legal Realism Regained presents a comparison between the legal realists, a group of pragmatic legal theorists from the 1920s and 1930s, and critical legal studies, a movement of postmodern legal theory during the end of the twentieth century. The book argues for a return to legal realism and the classical pragmatism of John Dewey and William James and for a rejection of the postmodern critique of critical legal studies. It discusses the two movements with respect to three topics: their view of history, their view of social science, and their view of language. Rejecting the claim that critical legal studies can be seen as the heir of legal realism, Legal Realism Regained argues that, with respect to each of these three topics, the realists still present a stronger argument than their more radical descendants.

The New Legal Realism: Volume 1

The New Legal Realism: Volume 1

Author: Elizabeth Mertz

Publisher: Cambridge University Press

ISBN: 9781316495353

Category: Law

Page:

View: 232

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This is the first of two volumes announcing the emergence of the new legal realism as a field of study. At a time when the legal academy is turning to social science for new approaches, these volumes chart a new course for interdisciplinary research by synthesizing law on the ground, empirical research, and theory. Volume 1 lays the groundwork for this novel and comprehensive approach with an innovative mix of theoretical, historical, pedagogical, and empirical perspectives. Their empirical work covers such wide-ranging topics as the financial crisis, intellectual property battles, the legal disenfranchisement of African-American landowners, and gender and racial prejudice on law school faculties. The methodological blueprint offered here will be essential for anyone interested in the future of law-and-society.

International Legal Theory

International Legal Theory

Author: Jeffrey L. Dunoff

Publisher: Cambridge University Press

ISBN: 9781108617451

Category: Law

Page: 449

View: 944

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Over the past decades international affairs have been increasingly legalized. International law has dramatically expanded into new fields and taken on new challenges. Despite this development, there has been little in-depth scholarship on what impact these changes have had on the field of international legal theory, how it is taught, and where it is going. This volume investigates the major developments in the field and explores the core assumptions and concepts, analytical tools, and key challenges associated with different approaches. An outstanding team of legal academics provides an accessible overview of competing theoretical movements, and a more in-depth understanding of the strengths, preoccupations, insights, and limits of those schools of thought. The contributions provide an authoritative account of current thinking about the theoretical foundations of contemporary international law and will serve as an indispensable resource for students, scholars, and practitioners.

Sport Realism

Sport Realism

Author: Aaron Harper

Publisher: Rowman & Littlefield

ISBN: 9781666920093

Category: Law

Page: 183

View: 330

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Aaron Harper defends a new theory of sport—sport realism—focusing on sport operations and the decisions made by sports officials like umpires and referees. Sport realism offers an explanation of sport as it is played, along with normative assessment of ethical issues in sport like cheating and rules disputes.

Natural Law and Thomistic Juridical Realism

Natural Law and Thomistic Juridical Realism

Author: Petar Popovic

Publisher: CUA Press

ISBN: 9780813235509

Category: Law

Page: 328

View: 968

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This book proposes a rather novel legal-philosophical approach to understanding the intersection between law and morality. It does so by analyzing the conditions for the existence of a juridical domain of natural law from the perspective of the tradition of Thomistic juridical realism. In order to highlight the need to reconnect with this tradition in the context of contemporary legal philosophy, the book presents various other recent jurisprudential positions regarding the overlap between law and morality. While most authors either exclude a conceptual necessity for the inclusion of moral principles in the nature of law or refer to the purely moral status of natural law at the foundations of the legal phenomenon, the book seeks to elucidate the essential properties of the juridical status of natural law. In order to establish the juridicity of natural law, the book explores the relevant arguments of Thomas Aquinas and some of his main commentators on this issue, above all Michel Villey and Javier Hervada. It establishes that Thomistic juridical realism observes the juridical phenomenon not only from the perspective of legal norms or subjective individual rights, but also from the perspective of the primary meaning of the concept of right (ius), namely, the just thing itself as the object of justice. In this perspective, natural rights already possess a fully juridical status and can be described as natural juridical goods. In addition, from the viewpoint of Thomistic juridical realism, we can identify certain natural norms or principles of justice as the juridical title of these rights or goods. The book includes an assessment of the prospective points of dialogue with the other trends in Thomistic legal philosophy as well as with various accounts of the nature of law in contemporary legal theory.

The Oxford Handbook of Legal History

The Oxford Handbook of Legal History

Author: Markus D. Dubber

Publisher: Oxford University Press

ISBN: 9780192513144

Category: Law

Page: 1152

View: 404

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Some of the most exciting and innovative legal scholarship has been driven by historical curiosity. Legal history today comes in a fascinating array of shapes and sizes, from microhistory to global intellectual history. Legal history has expanded beyond traditional parochial boundaries to become increasingly international and comparative in scope and orientation. Drawing on scholarship from around the world, and representing a variety of methodological approaches, areas of expertise, and research agendas, this timely compendium takes stock of legal history and methodology and reflects on the various modes of the historical analysis of law, past, present, and future. Part I explores the relationship between legal history and other disciplinary perspectives including economic, philosophical, comparative, literary, and rhetorical analysis of law. Part II considers various approaches to legal history, including legal history as doctrinal, intellectual, or social history. Part III focuses on the interrelation between legal history and jurisprudence by investigating the role and conception of historical inquiry in various models, schools, and movements of legal thought. Part IV traces the place and pursuit of historical analysis in various legal systems and traditions across time, cultures, and space. Finally, Part V narrows the Handbooks focus to explore several examples of legal history in action, including its use in various legal doctrinal contexts.

Law, Truth, and Reason

Law, Truth, and Reason

Author: Raimo Siltala

Publisher: Springer Science & Business Media

ISBN: 9400718721

Category: Law

Page: 290

View: 350

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This book is an innovative contribution to analytical jurisprudence. It is mainly based on the distinct premises of linguistic philosophy and Carnapian semantics, but also addresses the issues of institutional philosophy, social pragmatism, and legal principles as envisioned by Dworkin, among others. Wróblewski ́s three ideologies (bound/free/legal and rational) and Makkonen ́s three situations (isomorphic/semantically vague/normative gap) of judicial decision-making are further developed by means of 10 frames of legal analysis as discerned by the author. With the philosophical theories of truth serving as a reference, the frames of legal analysis include the isomorphic theory of law (Wittgenstein, Makkonen), the coherence theory of law (Alexy, Peczenik, Dworkin), the new rhetoric and legal argumentation theory (Perelman, Aarnio), social consequentialism (Posner), natural law theory (Fuller, Finnis), and the sequential model of legal reasoning by Neil MacCormick and the Bielefelder Kreis. At the end, some key issues of legal metaphysics are addressed, like the notion of legal systematics and the future potential of the analytical approach in jurisprudence.

Realism Regained

Realism Regained

Author: Robert C. Koons

Publisher: Oxford University Press

ISBN: 9780195350531

Category: Philosophy

Page: 368

View: 470

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In this wide-ranging philosophical work, Koons takes on two powerful dogmas--anti-realism and materialism. In doing so, Koons develops an elegant metaphysical system that accounts for such phenomena as information, mental representation, our knowledge of logic, mathematics and science, the structure of spacetime, the identity of physical objects, and the objectivity of values and moral norms.

A Book about Books

A Book about Books

Author: E.H. Bernstein

Publisher: Page Publishing Inc

ISBN: 9781635684346

Category: Literary Criticism

Page: 282

View: 591

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A Book about Books discusses what nonfiction books and subjects the author believes are important to know about. This book is volume I of III. Only the first volume is available at this time. The second volume is forthcoming and will be available in 2020. E.H. Bernstein is a former librarian turned author. The subtitle of the book describes the author’s objective: “A handbook in 3 parts to a choice of essential books, writers and subjects in order to understand the world we live in, about ‘big questions’ and possible answers, about books and writers that may improve people’s lives, about neglected writers, and other books and subjects.” A Book about Books attempts to share what the author has learned from nearly 50 years of nonfiction reading and to provide the reader with samples of the most important authors and subjects from that reading. While the book is based on research, it is intended to be a handbook or guide by trying to make that research understandable to the general reader and to students, and for teachers--by pointing to what the author believes is missing from today’s education. Note about how the volumes are related: each chapter is on a separate subject. So the chapters can be read individually, but the full message requires reading all the volumes. Volume I is important, but preliminary to the more important Volumes II and III. A future website, bookaboutbooks.com. is planned for later in 2019 and will include additional material not in the books. Note also that the book is not just about books, since other sources are also mentioned. This book tries to point to problems in how we live and to see if books have any answers. A contemporary writer once said that one of the purposes of writing is that books should be useful. I hope that my book will be of use.

A Companion to American Legal History

A Companion to American Legal History

Author: Sally E. Hadden

Publisher: John Wiley & Sons

ISBN: 9781118533765

Category: Law

Page: 600

View: 517

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A Companion to American Legal History presents a compilation of the most recent writings from leading scholars on American legal history from the colonial era through the late twentieth century. Presents up-to-date research describing the key debates in American legal history Reflects the current state of American legal history research and points readers in the direction of future research Represents an ideal companion for graduate and law students seeking an introduction to the field, the key questions, and future research ideas

Karl Llewellyn and the Realist Movement

Karl Llewellyn and the Realist Movement

Author: William Twining

Publisher: Cambridge University Press

ISBN: 9781107023383

Category: Law

Page: 667

View: 103

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An intellectual biography of Karl Llewellyn, originally published in 1973. Includes a preface by Frederick Schauer and an afterword by William Twining.

Beyond Federal Dogmatics

Beyond Federal Dogmatics

Author: Stef Feyen

Publisher:

ISBN: 9789058679383

Category: Law

Page: 280

View: 523

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Feyen rethinks the framework within which the connection between EU law and national constitutional law can be understood.