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Naturalizing Jurisprudence

Naturalizing Jurisprudence

Author: Brian Leiter

Publisher: Oxford University Press on Demand

ISBN: 019920649X

Category: Law

Page: 287

View: 795

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Brian Leiter is widely recognized as the leading philosophical interpreter of the jurisprudence of American Legal Realism, as well as the most influential proponent of the relevance of the naturalistic turn in philosophy to the problems of legal philosophy. This volume collects newly revised versions of ten of his best-known essays, which set out his reinterpretation of the Legal Realists as prescient philosophical naturalists; critically engage with jurisprudential responses to Legal Realism, from legal positivism to Critical Legal Studies; connect the Realist program to the methodology debate in contemporary jurisprudence; and explore the general implications of a naturalistic world view for problems about the objectivity of law and morality. Leiter has supplied a lengthy new introductory essay, as well as postscripts to several of the essays, in which he responds to challenges to his interpretive and philosophical claims by academic lawyers and philosophers. This volume will be essential reading for anyone interested in jurisprudence, as well as for philosophers concerned with the consequences of naturalism in moral and legal philosophy.

The Jurisprudence of Style

The Jurisprudence of Style

Author: Justin Desautels-Stein

Publisher: Cambridge University Press

ISBN: 9781108601467

Category: Political Science

Page:

View: 179

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In the contemporary domain of American legal thought there is a dominant way in which lawyers and judges craft their argumentative practice. More colloquially, this is a dominant conception of what it means to 'think like a lawyer'. Despite the widespread popularity of this conception, it is rarely described in detail or given a name. Justin Desautels-Stein tells the story of how and why this happened, and why it matters. Drawing upon and updating the work of Harvard Law School's first generation of critical legal studies, Desautels-Stein develops what he calls a jurisprudence of style. In doing so, he uncovers the intellectual alliance, first emerging at the end of the nineteenth century and maturing in the last third of the twentieth century, between American pragmatism and liberal legal thought. Applying the tools of legal structuralism and phenomenology to real-world cases in areas of contemporary legal debate, this book develops a practice-oriented understanding of legal thought.

Elucidating Law

Elucidating Law

Author: Julie Dickson

Publisher: Oxford University Press

ISBN: 9780198727767

Category: Law

Page: 209

View: 257

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What are the aims of legal philosophy? Which questions should it seek to address? How should legal philosophers approach and engage with their subject-matter, and what constraints are incumbent on them as they do so? What are the criteria of success of theories of law, and how do we know if they have been met? Can there be progress in legal philosophy? In Elucidating Law, Julie Dickson addresses these and other questions concerning the methodology, or the philosophy, of legal philosophy and offers her own distinctive response to them. The book advocates that legal philosophers should espouse an approach that Dickson terms 'Indirectly Evaluative Legal Philosophy.' This distinctive approach can facilitate legal philosophers' understanding of aspects of the nature of law, whilst avoiding prematurely or inappropriately regarding law as inherently morally valuable. Law is a powerful, systemic, and institutionalized social tool. It should be understood in a manner appropriate to its character.

Racism and Resistance

Racism and Resistance

Author: Timothy Joseph Golden

Publisher: SUNY Press

ISBN: 9781438485980

Category: Social Science

Page: 376

View: 579

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African American legal theorist Derrick Bell argued that American anti-Black racism is permanent but that we are nevertheless morally obligated to resist it. Bell—an extraordinary legal scholar, activist, and public intellectual whose academic and political work included his employment as a young attorney with the NAACP and his pivotal role in the founding of Critical Race Theory in the 1970s, work he pursued until he died in 2011—termed this thesis “racial realism.” Racism and Resistance is a collection of essays that present a multidisciplinary study of Bell's thesis. Scholars in philosophy, law, theology, and rhetoric employ various methods to present original interpretations of Bell's racial realism, including critical reflections on racial realism’s relationship to theories of adjudication in jurisprudence; its use of fiction in relation to law, literature, and politics; its under-examined relationship to theology; its application in interpersonal relationships; and its place in the overall evolution of Bell’s thought. Racism and Resistance thus presents novel interpretations of Bell’s racial realism and enhances the literature on Critical Race Theory accordingly.

Understanding Jurisprudence

Understanding Jurisprudence

Author: Raymond Wacks

Publisher: Oxford University Press

ISBN: 9780199608263

Category: Law

Page: 359

View: 457

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Perfect for the student new to jurisprudence, this book provides an illuminating introduction to the central questions of legal theory. An experienced teacher of jurisprudence, Professor Wacks' approach is both accessible and entertaining, providing the ideal base for further study.

The Cambridge Companion to the Philosophy of Law

The Cambridge Companion to the Philosophy of Law

Author: John Tasioulas

Publisher: Cambridge University Press

ISBN: 9781107087965

Category: Law

Page: 435

View: 101

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An accessible, comprehensive, and high quality companion to legal philosophy written by a stellar cast of international contributors.

The Making of Constitutional Democracy

The Making of Constitutional Democracy

Author: Paolo Sandro

Publisher: Bloomsbury Publishing

ISBN: 9781509905218

Category: Law

Page: 416

View: 401

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This book addresses a palpable, yet widely neglected, tension in legal discourse. In our everyday legal practices – whether taking place in a courtroom, classroom, law firm, or elsewhere – we routinely and unproblematically talk of the activities of creating and applying the law. However, when legal scholars have analysed this distinction in their theories (rather than simply assuming it), many have undermined it, if not dismissed it as untenable. The book considers the relevance of distinguishing between law-creation and law-application and how this transcends the boundaries of jurisprudential enquiry. It argues that such a distinction is also a crucial component of political theory. For if there is no possibility of applying a legal rule that was created by a different institution at a previous moment in time, then our current constitutional-democratic frameworks are effectively empty vessels that conceal a power relationship between public authorities and citizens that is very different from the one on which constitutional democracy is grounded. After problematising the most relevant objections in the literature, the book presents a comprehensive defence of the distinction between creation and application of law within the structure of constitutional democracy. It does so through an integrated jurisprudential methodology, which combines insights from different disciplines (including history, anthropology, political science, philosophy of language, and philosophy of action) while also casting new light on long-standing issues in public law, such as the role of legal discretion in the law-making process and the scope of the separation of powers doctrine.

Meta-theory of Law

Meta-theory of Law

Author: Mathieu Carpentier

Publisher: John Wiley & Sons

ISBN: 9781789450743

Category: Philosophy

Page: 388

View: 964

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This book is devoted to the theory of legal theory, also referred to as the "meta-theory of law". The aim of this emerging discipline is to determine the objectives, aims and methods of legal theory, and to establish the conditions of possibility as well as the validity criteria for theoretical discourse on law. The contributions in this book provide an overview of these aspects through different perspectives and approaches. The very purpose of legal theory has been disputed and the subject area is currently subject to increasing cross-fertilization between different, and sometimes diverging, traditions. Meta-theory of Law assesses these emerging trends by questioning two basic objects of legal theory, the "nature" and the "science" of law.

The Pragmatism and Prejudice of Oliver Wendell Holmes Jr.

The Pragmatism and Prejudice of Oliver Wendell Holmes Jr.

Author: Seth Vannatta

Publisher: Rowman & Littlefield

ISBN: 9781498561259

Category: Philosophy

Page: 244

View: 573

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The Pragmatism and Prejudice of Oliver Wendell Holmes, Jr. examines the varied categories scholars have used to describe the philosophy of Oliver Wendell Holmes, Jr. These include, “Jobbist,” Nihilist, Realist, Social Darwinist, Utilitarian, Positivist, Natural Law Theorist, and Pragmatist.

Law as an Artifact

Law as an Artifact

Author: Luka Burazin

Publisher: Oxford University Press

ISBN: 9780192555151

Category: Law

Page: 288

View: 208

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This volume assembles leading scholars to examine how their respective theoretical positions relate to the artifactual nature of law. It offers a complete analysis of what is ontologically entailed by the claim that law - including legal systems, legal norms, and legal institutions - is an artifact, and what consequences, if any, this claim has for philosophical accounts of law. Examining the artifactual nature of law draws attention to the role that intention, function, and action play in the ontological structure of law, and how these attributes interact with rules. It puts the role of author and authorship at the center of its analysis of legal ontology, and widens the scope that functional analysis can legitimately have in legal theory, emphasizing how the content of law depends on how it is used. Furthermore, the appeal to artifacts brings to the fore questions about the significance of concepts for the existence of law, and makes available new tools for legal interpretation. The notion of artifactuality offers a starting point from which to approach the basic dilemma of whether it is meaningful to search for essential, necessary, and sufficient features of law, a question that in current legal theory is put when deciding what kind of enterprise legal theory is from a methodological point of view, namely whether it is descriptive or prescriptive. This volume unearths insights and observations of value to all those looking to deepen their understanding of how the law is understood and experienced.

Social Construction of Law

Social Construction of Law

Author: Michael Giudice

Publisher: Edward Elgar Publishing

ISBN: 9781839103223

Category: Law

Page: 160

View: 892

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This illuminating book explores the theme of social constructionism in legal theory. It questions just how much freedom and power social groups really have to construct and reconstruct law.