Jurisprudence

Theory and Context

Author: Brian Bix

Publisher: N.A

ISBN: 9781611637212

Category:

Page: 364

View: 3177

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Jurisprudence is aimed at students new to the study of legal philosophy, also offering new ideas and perspectives that will be of interest to established scholars. Bix seeks to explain the often complex and difficult ideas in Jurisprudence clearly, but in a way that avoids distortion of the ideas through over-simplification. As well as introducing the reader to the fundamental themes in legal philosophy, it also describes and comments critically on the writing of the foremost legal theorists.

Jurisprudence

Theory and Context

Author: Brian Bix

Publisher: N.A

ISBN: 9781611633115

Category: Law

Page: 342

View: 3495

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Jurisprudence is aimed at students new to the study of legal philosophy, also offering new ideas and perspectives that will be of interest to established scholars. Bix seeks to explain the often complex and difficult ideas in Jurisprudence clearly, but in a way that avoids distortion of the ideas through over-simplification. As well as introducing the reader to the fundamental themes in legal philosophy, it also describes and comments critically on the writing of the foremost legal theorists. The sixth edition has been revised and updated, taking into account the most recent scholarly work and elaborating on many of the key ideas and arguments.

Jurisprudence

Theory and Context

Author: Brian Bix

Publisher: Sweet & Maxwell

ISBN: 9781847034458

Category: Jurisprudence

Page: 335

View: 4264

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The fifth edition has been substantially revised to take into account the most recent scholarly work, and to elaborate on many of the key ideas and arguments.

Understanding Jurisprudence

An Introduction to Legal Theory

Author: Raymond Wacks

Publisher: Oxford University Press

ISBN: 0198806019

Category: Jurisprudence

Page: 407

View: 5757

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Written with students in mind, Professor Raymond Wacks brings legal theory to life through his lucid and entertaining style. The author has crafted a manageable guide, balancing concise introductions to the key theorists and core issues such as punishment and rights without ignoring thesubtleties of the subject. Seminal quotes from leading scholars are included to help students recognise the impact of their work, while extensive further reading suggestions at the end of each chapter invite students to explore the broad range of literature available on central topics. Each chapter concludes with a series ofcritical questions designed to encourage reader to think analytically about the law and the key debates which surround it. This book is accompanied by online resources which includes multiple-choice questions with instant feedback to give students the chance to test their understanding.

McCoubrey & White's Textbook on Jurisprudence

Author: James Penner,N. D. White,H. McCoubrey,Emmanuel Melissaris

Publisher: Oxford University Press

ISBN: 0199584346

Category: Law

Page: 279

View: 7265

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Fully updated and revised by James Penner and Emmanuel Melissaris, McCoubrey & White's Textbook on Jurisprudence clearly breaks down the complexities of this often daunting yet fascinating subject. Sophisticated ideas are explained concisely and with clarity, ensuring the reader is aware of the subtleties of the subject yet not overwhelmed. With chapters dedicated to both key concepts and leading theorists, this text takes a wide-ranging look at jurisprudence and places central ideas in context. In particular this text centres around one of the leading theorists, H.L.A Hart, and considers the landscape of jurisprudence in relation to his seminal The Concept of Law, looking at the key ideas which influenced him and considering the response to his work. Coverage of post-modern and feminist legal theory is also included, alongside discussion of key theorists such as Hobbes, Kant, and Rawls. Logically organised to support the topics commonly taught on jurisprudence and legal theory courses, this text provides an easy-to-follow and digestible account of this wide-ranging subject, making it the ideal companion text for further reading and research throughout your course.

The Politics of Jurisprudence

A Critical Introduction to Legal Philosophy

Author: Roger B. M. Cotterrell

Publisher: University of Pennsylvania Press

ISBN: 9780812213935

Category: Law

Page: 277

View: 2400

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Selected by Choice magazine as an Outstanding Academic Title In The Politics of Jurisprudence, Roger Cotterrell offers a concise introduction to and commentary on Anglo-American jurisprudence, and a contribution to the study of the development of American and English general conceptions of law since the establishment of modern legal professions in the U.S. and Britain.

General Jurisprudence

Understanding Law from a Global Perspective

Author: William Twining

Publisher: Cambridge University Press

ISBN: 0521505933

Category: Law

Page: 517

View: 673

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This book explores the implications of globalisation for the theoretical study of law, justice, and human rights.

Weimar

A Jurisprudence of Crisis

Author: Arthur J. Jacobson,Bernhard Schlink,Belinda Cooper

Publisher: Univ of California Press

ISBN: 9780520236813

Category: History

Page: 405

View: 8857

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"An important resource, it includes the most significant and influential texts representative of the political and conceptual diversity of the intellectual approaches of that time. . . . Very significant for contemporary debates about the relationship between state, law, and constitution."--Ulrich Karl Preuss, Freie Universität Berlin

Complexity Theory and Law

Mapping an Emergent Jurisprudence

Author: Jamie Murray,Thomas Webb,Steven Wheatley

Publisher: Routledge

ISBN: 1351658174

Category: Law

Page: 288

View: 7443

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This collection of essays explores the different ways the insights from complexity theory can be applied to law. Complexity theory – a variant of systems theory – views law as an emergent, complex, self-organising system comprised of an interactive network of actors and systems that operate with no overall guiding hand, giving rise to complex, collective behaviour in law communications and actions. Addressing such issues as the unpredictability of legal systems, the ability of legal systems to adapt to changes in society, the importance of context, and the nature of law, the essays look to the implications of a complexity theory analysis for the study of public policy and administrative law, international law and human rights, regulatory practices in business and finance, and the practice of law and legal ethics. These are areas where law, which craves certainty, encounters unending, irresolvable complexity. This collection shows the many ways complexity theory thinking can reshape and clarify our understanding of the various problems relating to the theory and practice of law.

Central Issues in Jurisprudence

Justice, Law and Rights

Author: Nigel E. Simmonds

Publisher: N.A

ISBN: 9780421351202

Category: Jurisprudence

Page: 155

View: 6941

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Concerning itself with the nature of law and legal reasoning, and with the concepts of justice and individual rights, jurisprudence seeks to set legal ideas in the wider context of moral and political theory. To study jurisprudence properly, you need to read books by such authors as Rawls, Nozick, Hart and Dworkin. It is not, or should not be, a matter of ploughing through a textbook that merely tells you about these books. Nevertheless, a student needs some preliminary orientation. This book aims to provide a brief guide to the major theories and arguments which dominate discussion in jurisprudence. The object is to put the student, as quickly as possible, into a position where he or she can read the original writers with a real understanding of how their theories relate to each other, and of how these theories cluster around certain recurring fundamental issues.

Contract Law

Rules, Theory, and Context

Author: Brian Bix,Brian H. Bix

Publisher: Cambridge University Press

ISBN: 0521850460

Category: Law

Page: 202

View: 9819

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This book offers an accessible introduction to all aspects of American contract law, useful to both first-year law students and advanced contract scholars. The book takes the reader from contract formation through interpretation and remedies, considering both the practical and theoretical aspects throughout.

Faith and Order

The Reconciliation of Law and Religion

Author: Harold J. Berman

Publisher: Wm. B. Eerdmans Publishing

ISBN: 9780802848529

Category: Religion

Page: 427

View: 4131

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This book argues that despite the tensions existing in all societies between religious faith and legal order, they inevitably interact. In the course of his discussion Berman traces the history of Western law, exposes the fallacies of law theories that fail to take religion into account, examines key theological, prophetic, and educational themes, and looks at the role of religion in the Soviet and post-Soviet state.

Between Authority and Interpretation

On the Theory of Law and Practical Reason

Author: Joseph Raz

Publisher: OUP Oxford

ISBN: 0191580341

Category: Law

Page: 432

View: 1890

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In this book Joseph Raz develops his views on some of the central questions in practical philosophy: legal, political, and moral. The book provides an overview of Raz's work on jurisprudence and the nature of law in the context of broader questions in the philosophy of practical reason. The book opens with a discussion of methodological issues, focusing on understanding the nature of jurisprudence. It asks how the nature of law can be explained, and how the success of a legal theory can be established. The book then addresses central questions on the nature of law, its relation to morality, the nature and justification of authority, and the nature of legal reasoning. It explains how legitimate law, while being a branch of applied morality, is also a relatively autonomous system, which has the potential to bridge moral differences among its subjects. Raz offers responses to some critical reactions to his theory of authority, adumbrating, and modifying the theory to meet some of them. The final part of the book brings together for the first time Raz's work on the nature of interpretation in law and the humanities. It includes a new essay explaining interpretive pluralism and the possibility of interpretive innovation. Taken together, the essays in the volume offer a valuable introduction for students coming for the first time to Raz's work in the philosophy of law, and an original contribution to many of the current debates in practical philosophy.

Karl Llewellyn and the Realist Movement

Author: William Twining

Publisher: Cambridge University Press

ISBN: 1107023386

Category: Law

Page: 630

View: 9489

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First published in 1973, Karl Llewellyn and the Realist Movement is a classic account of American Legal Realism and its leading figure. Karl Llewellyn is the best known and most substantial jurist of the group of lawyers known as the American Realists. He made important contributions to legal theory, legal sociology, commercial law, contract law, civil liberties and legal education. This intellectual biography sets Llewellyn in the broad context of the rise of the American Realist Movement and contains an overview of his life before focusing on his most important works, including The Cheyenne Way, The Bramble Bush, The Common Law Tradition and the Uniform Commercial Code. In this second edition the original text is supplemented with a preface by Frederick Schauer and an afterword in which William Twining gives a fascinating account of the making of the book and comments on developments in relevant legal scholarship over the past forty years.

Jurisprudence

Author: Suri Ratnapala

Publisher: Cambridge University Press

ISBN: 1108298850

Category: Law

Page: N.A

View: 4012

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The third edition of Jurisprudence offers a logically structured, comprehensive, well-researched and accessible overview of legal theory and philosophy. Written primarily for undergraduate students, it examines and demystifies the discipline's major ideas, and promotes a richer understanding of the social, moral and economic dimensions of the law. By locating the major traditions of jurisprudence within the history of ideas, the author deepens students' understanding of the perennial debates about the nature and function of law and its relation to justice. Fully revised and updated, with new materials on all topics, Suri Ratnapala's Jurisprudence remains an essential text for students and researchers of jurisprudence and legal theory.

Modern Jurisprudence

A Philosophical Guide

Author: Sean Coyle

Publisher: Bloomsbury Publishing

ISBN: 1509905634

Category: Law

Page: 288

View: 2983

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The second edition of this book provides a concise and accessible guide to modern jurisprudence, offering an examination of the major theories as well as highlighting principal themes such as legality and justice. Together with new material, the second edition explores the historical developments and ideas that give modern thinking its distinctive shape. A key feature of the book is that readers are not simply presented with opposing theories, but are guided through the rival standpoints on the basis of a coherent line of reflection from which an overall sense of the subject can be gained. Chapters on Hart, Fuller, Rawls, Dworkin and Finnis, and a new chapter on Acquinas, take the reader systematically through the terrain of modern legal philosophy, tracing the issues back to fundamental questions of philosophy, and indicating lines of criticism that result in a fresh and original perspective on the subject.

Legal Feminism

Activism, Lawyering, and Legal Theory

Author: Ann Scales

Publisher: NYU Press

ISBN: 0814798454

Category: Law

Page: 219

View: 1277

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In the late 1970s, feminist scholars and activists joined together to build a movement aimed at bringing feminist theory and experiences to the practice and teaching of American law. Since then, the feminist jurisprudence movement has taken root, with courts and legislatures addressing matters of sex and gender inequality, and law schools employing feminist and post-feminist theory in the classroom. In this book, Ann Scales, a founding contributor to the movement, reflects on the past, present, and future of feminist jurisprudence. Part personal memoir, part primer, and part treatise, Legal Feminism is a de-jargonized account of how feminist jurisprudence can solve traditional legal conflicts, and why it matters to anyone committed to building an equitable and progressive society.

Globalisation and Legal Theory

Author: William Twining

Publisher: Cambridge University Press

ISBN: 9780521605946

Category: Law

Page: 296

View: 1692

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The text makes the case for a revival of general jurisprudence in response to globalisation.

Law as a Means to an End

Threat to the Rule of Law

Author: Brian Z. Tamanaha

Publisher: Cambridge University Press

ISBN: 1139459228

Category: Law

Page: N.A

View: 9144

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The contemporary US legal culture is marked by ubiquitous battles among various groups attempting to seize control of the law and wield it against others in pursuit of their particular agenda. This battle takes place in administrative, legislative, and judicial arenas at both the state and federal levels. This book identifies the underlying source of these battles in the spread of the instrumental view of law - the idea that law is purely a means to an end - in a context of sharp disagreement over the social good. It traces the rise of the instrumental view of law in the course of the past two centuries, then demonstrates the pervasiveness of this view of law and its implications within the contemporary legal culture, and ends by showing the various ways in which seeing law in purely instrumental terms threatens to corrode the rule of law.