Jurisprudence

Text and Readings on the Philosophy of Law

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Author: George C. Christie,Patrick H. Martin

Publisher: West Academic Publishing

ISBN: 9780314170736

Category: Law

Page: 1231

View: 5360

This book is designed for use in courses in law schools and university departments of philosophy. It can serve as a text for basic and ad-vanced courses and seminars. Readings include excerpts of classic works of Aristotle, Aquinas, Locke, Hobbes, Kant, Bentham, and Aus-tin. Provided also are excerpts from standard works of twentieth cen-tury philosophers. The book explores contemporary legal discourse with readings on topics such as sociobiology, Islamic law, the legal process school, legal feminism, and critical legal studies. It reprints leading cases on natural rights/human rights and readings from on-line blogs, op-ed essays, news stories and internet publications.

Patterns of American Jurisprudence

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Author: Neil Duxbury

Publisher: Clarendon Press

ISBN: 0191018767

Category: Law

Page: 530

View: 8901

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.

Minds, Brains, and Law

The Conceptual Foundations of Law and Neuroscience

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Author: Michael S. Pardo,Dennis Patterson

Publisher: Oxford University Press

ISBN: 0199812136

Category: Law

Page: 240

View: 2077

This book addresses the philosophical questions that arise when neuroscientific research and technology are applied in the legal system. The empirical, practical, ethical, and conceptual issues that Pardo and Patterson seek to redress will deeply influence how we negotiate and implement the fruits of neuroscience in law and policy in the future.

Law's Evolution and Human Understanding

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Author: Laurence Claus

Publisher: Oxford University Press

ISBN: 0199735093

Category: Law

Page: 258

View: 2211

Why do people consult the law? Why do we consult lawyers? Law's Evolution and Human Understanding articulates a fresh conception of law that builds on Oliver Wendell Holmes' celebrated insights concerning law's predictive potential. The book considers important implications of this new understanding for how we individually make moral choices, how we read law, and some of the many other ways that law affects our lives.

Law as a Means to an End

Threat to the Rule of Law

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Author: Brian Z. Tamanaha

Publisher: Cambridge University Press

ISBN: 1139459228

Category: Law

Page: N.A

View: 394

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.

The Latin American Casebook

Courts, Constitutions, and Rights

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Author: Juan F. Gonzalez-Bertomeu,Roberto Gargarella

Publisher: Routledge

ISBN: 1317026209

Category: Law

Page: 270

View: 6355

Traditionally relegated because of political pressure and public expectations, courts in Latin America are increasingly asserting a stronger role in public and political discussions. This casebook takes account of this phenomenon, by offering a rigorous and up-to-date discussion of constitutional adjudication in Latin America in recent decades. Bringing to the forefront the development of constitutional law by Latin American courts in various subject matters, the volume aims to highlight a host of creative arguments and solutions that judges in the region have offered. The authors review and discuss innovative case law in light of the countries’ social, political and legal context. Each chapter is devoted to a discussion of a particular area of judicial review, from freedom of expression to social and economic rights, from the internalization of human rights law to judicial checks on the economy, from gender and reproductive rights to transitional justice. The book thus provides a very useful tool to scholars, students and litigants alike.

Feminist Jurisprudence

Cases and Materials

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Author: Cynthia Bowman,Laura Rosenbury,Kimberly Yuracko,Deborah Tuerkheimer

Publisher: West Academic Publishing

ISBN: 9781683283058

Category: Feminist jurisprudence

Page: 1136

View: 7251

This coursebook introduces students to feminist jurisprudence. The first three chapters develop the historical range of feminist theories. Subsequent chapters examine topics such as violence, reproduction, intimate relationships, children, employment, and education. Extensive readings, cases, and text notes encourage detailed, rigorous analysis and critical thinking.

The Problems of Jurisprudence

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Author: Richard A. Posner

Publisher: Harvard University Press

ISBN: 9780674708761

Category: Law

Page: 485

View: 9148

In this book, one of our country's most distinguished scholar-judges shares with us his vision of the law. For the past two thousand years, the philosophy of law has been dominated by two rival doctrines. One contends that law is more than politics and yields, in the hands of skillful judges, correct answers to even the most difficult legal questions; the other contends that law is politics through and through and that judges wield essentially arbitrary powers. Rejecting these doctrines as too metaphysical in the first instance and too nihilistic in the second, Richard Posner argues for a pragmatic jurisprudence, one that eschews formalism in favor of the factual and the empirical. Laws, he argues, are not abstract, sacred entities, but socially determined goads for shaping behavior to conform with society's values. Examining how judges go about making difficult decisions, Posner argues that they cannot rely on either logic or science, but must fall back on a grab bag of informal methods of reasoning that owe less than one might think to legal training and experience. Indeed, he reminds us, the greatest figures in American law have transcended the traditional conceptions of the lawyer's craft. Robert Jackson did not attend law school and Benjamin Cardozo left before getting a degree. Holmes was neither the most successful of lawyers nor the most lawyerly of judges. Citing these examples, Posner makes a plea for a law that frees itself from excessive insularity and takes all knowledge, practical and theoretical, as grist for its mill. The pragmatism that Posner espouses implies looking at problems concretely, experimentally, without illusions, with an emphasis on keeping diverse paths of inquiry open, and, above all, with the insistence that social thought and action be evaluated as instruments to desired human goals rather than as ends in themselves. In making his arguments, he discusses notable figures in jurisprudence from Antigonc to Ronald Dworkin as well as recent movements ranging from law and economics to civic republicanism, and feminism to libertarianism. All are subjected to Posner's stringent analysis in a fresh and candid examination of some of the deepest problems presented by the enterprise of law.

Cases and Materials on Statutory Interpretation

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Author: William N. Eskridge (Jr.),Philip P. Frickey,Elizabeth Garrett

Publisher: West Academic Publishing

ISBN: 9780314278180

Category: Law

Page: 872

View: 5190

Drawn from and updating the materials in the authors' landmark casebook on Legislation, this new casebook is a comprehensive and highly teachable introduction to Statutory Interpretation. Reflecting new scholarship as well as recent federal and state cases, the editors have included and updated the many teachable statutory interpretation cases found in the longer legislation casebook. This shorter casebook is perfect for upper-level legislation courses that focus on statutory interpretation and for first-year regulatory state courses that spend a significant time on statutory interpretation.

Cases and materials on legislation

statutes and the creation of public policy

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Author: William N. Eskridge,Philip P. Frickey,Elizabeth Garrett

Publisher: N.A

ISBN: N.A

Category: Art

Page: 137

View: 5914

Contains an introduction to legislation; descriptive and normative theories of legislation, including procedural theories of legislation, pluralism and interest groups, and institutional theories of legislation; Title VII: interpretive issues and political theories, the Supreme Court's decision in Griggs, affirmative action United States Steelworkers of America v. Weber and Johnson v. Transportation Agency, Santa Clara County; legislative drafting; representational structures, structures of legislative deliberation; statutes as a source of public policy in the United States; theories of statutory interpretation; doctrines of statutory interpretation; and the implementation of statutes.

World Trade Law

Text, Materials and Commentary

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Author: Simon Lester,Bryan Mercurio,Arwel Davies

Publisher: Bloomsbury Publishing

ISBN: 1509915974

Category: Law

Page: 1008

View: 3386

This third edition of one of the leading textbooks on world trade law offers what is, in a number of ways, a unique perspective on this important subject. Combining the best aspects of both casebook and treatise, this comprehensive textbook provides detailed explanations and analysis of the law to help understand the issues as well as case extracts to offer a flavour of the judicial reasoning of trade adjudicators. Moreover, the book is truly global in outlook, being equally useful for students of international trade law in the UK, Europe, the US, Asia and elsewhere around the world. This updated edition includes in-depth discussions of the most recent developments in international trade jurisprudence, setting out important precedents that help establish the boundaries between global trade rules and domestic national autonomy. In this era, when political developments place even more importance on international trade, it will be essential reading for all students, scholars and practitioners in the field.

Natural Law in Court

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Author: R. H. Helmholz

Publisher: Harvard University Press

ISBN: 0674504615

Category: Law

Page: 284

View: 6185

Natural-law theory grounds human laws in universal truths of God’s creation. The task of the judicial system was to build an edifice of positive law on natural law’s foundations. R. H. Helmholz shows how lawyers and judges made and interpreted natural law arguments in the West, and concludes that historically it has advanced the cause of justice.

Casebook on Contract Law

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Author: Professor of Commercial Law and Deputy Director of the Centre for Legal Research Jill Poole

Publisher: Oxford University Press

ISBN: 0198732813

Category:

Page: 832

View: 1063

Jill Poole's bestselling Casebook on Contract Law provides students with a comprehensive selection of case law, addressing all aspects of the subject encountered on undergraduate courses. Extracts have been carefully chosen from a wide range of historical and contemporary cases to illustrate the reasoning processes of the courts, and to show how legal principles develop. Cases can either be analysed and discussed in isolation or, taken as a whole, the selection of cases form chapters providing a structured overview of the modern law of contract. Online Resource Centre The casebook is fully supported by an Online Resource Centre, which provides: - Self-test questions and answers - Guidance on answering questions in contract law - Exercises and guidance on reading cases - An opportunity for students to ask the author any questions

Baseball and the Law

Cases and Materials

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Author: Louis H. Schiff,Robert M. Jarvis

Publisher: N.A

ISBN: 9781611635027

Category:

Page: 1040

View: 7577

Baseball and the Law: Cases and Materials explores the jurisprudence of baseball through 110 principal readings, 619 notes, and 26 photographs. After an introductory chapter that acquaints students with the sport and the role lawyers have played in its development, the authors proceed to examine a multitude of legal issues, from player salaries, franchise relocations, and steroids to fan safety, broadcast rights, and gambling. Special attention is paid to racial and sexual discrimination; tax planning, asset protection, and bankruptcy; and the burgeoning use of technology. A concluding chapter focuses on amateur and youth baseball. The book draws on a variety of materials--including court decisions, arbitration awards, law review articles, newspapers stories, and blog posts--to place baseball in three different contexts: cultural, historical, and legal. The exhaustive notes make numerous references to movies, TV shows, and videos to further demonstrate the connection between baseball and the law. In addition to being a fun read, this work will strengthen a student's understanding of such core subjects as civil procedure, constitutional law, property, and torts while improving his or her ability to read contracts and parse statutes.

Privacy Law and Society

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Author: Anita L. Allen,Marc Rotenberg

Publisher: West Academic Publishing

ISBN: 9781634596992

Category:

Page: 1643

View: 858

The Third Edition of Privacy Law and Society is the most comprehensive casebook on privacy law ever produced. It traces the development of modern privacy law, from the early tort cases to present day disputes over drone surveillance and facial recognition. The text examines the philosophical roots of privacy claims and the significant court cases and statues that have emerged. The text provides detailed commentary on leading cases and insight into emerging issues. The text includes new material on developments in the European Union, decisions grounded in fundamental rights jurisprudence, and exposes readers to current debates over cloud computing, online profiling, and the role of the Federal Trade Commission. Privacy Law and Society is the leading and most current text in the privacy field.

The Legal Imagination

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Author: James Boyd White

Publisher: University of Chicago Press

ISBN: 9780226894935

Category: Law

Page: 302

View: 2073

White extends his theory of law as constitutive rhetoric, asking how one may criticize the legal culture and the texts within it. "A fascinating study of the language of the law. . . . This book is to be highly recommended: certainly, for those who find the time to read it, it will broaden the mind, and give lawyers a new insight into their role."—New Law Journal

Tort Law: Text and Materials

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Author: Ken Oliphant,Donal Nolan

Publisher: Oxford University Press

ISBN: 0198745524

Category: Torts

Page: 1048

View: 8418

The sixth edition of this celebrated book brings together a selection of carefully chosen extracts from cases and materials with insightful author text. Each section begins with a clear overview of the law, followed by illustrating extracts from case law and from government reports and scholarly literature, which are supported by the authors' expert explanation and analysis. Opportunities for further research are highlighted by the many suggestions for additional readings that are woven throughout the text. This approach enables students to gain a rich and contextual understanding of the law of tort.

Contract Law

Rules, Theory, and Context

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Author: Brian H. Bix

Publisher: Cambridge University Press

ISBN: 1139576631

Category: Law

Page: N.A

View: 3735

To gain a deep understanding of contract law, one needs to master not only the rules and principles of the field, but also its underlying theory and justification, and its long and intricate history. 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 is grounded on up-to-date scholarship and contains detailed references to cases, statutes, Restatements and international legal principles. The book takes the reader from contract formation through interpretation and remedies, considering both the practical and theoretical aspects throughout. Each chapter also includes helpful lists of suggested further reading.