A New Introduction to Jurisprudence
A New Introduction to Jurisprudence

Author: Paul Cliteur

Publisher: Routledge

Published: 2019-03-28

Total Pages: 199

ISBN-13: 0429655487

DOWNLOAD EBOOK

A New Introduction to Jurisprudence takes one of the central problems of law and jurisprudence as its point of departure: what is the law? Adopting an intermediate position between legal positivism and natural law, this book reflects on the concept of ‘liberal democracy’ or ‘constitutional democracy’. In five chapters the book analyses: (i) the idea of higher law, (ii) liberal democracy as a legitimate model for the state, (iii) the separation of church and state or secularism as essential for the democratic state, (iv) the universality of higher law principles, (v) the history of modern political thought. This interdisciplinary approach to jurisprudence is relevant for legal scholars, philosophers, political theorists, public intellectuals, historians, and politicians.

The Legal Mind
The Legal Mind

Author: Bartosz Brożek

Publisher: Cambridge University Press

Published: 2020

Total Pages: 191

ISBN-13: 1108493254

DOWNLOAD EBOOK

How do lawyers think? Brożek presents a new perspective on legal thinking as an interplay between intuition, imagination and language.

Introduction to Jurisprudence and Legal Theory
Introduction to Jurisprudence and Legal Theory

Author: Anne Barron

Publisher:

Published: 2002-08-13

Total Pages: 1234

ISBN-13:

DOWNLOAD EBOOK

This text lays out a course of study combining the traditional subject matter of jurisprudence with a series of introductions to a variety of other theoretical perspectives. It is designed for those taking jurisprudence/legal theory courses, and political science, philosophy and sociology students.

Understanding Jurisprudence
Understanding Jurisprudence

Author: Raymond Wacks

Publisher: Oxford University Press, USA

Published: 2005

Total Pages: 0

ISBN-13: 9780199272587

DOWNLOAD EBOOK

Understanding Jurisprudence explores the concept of law and its role within society. Detailing both the traditional and modern jurisprudential theories Raymond Wacks clearly relates these often complex arguments to the nature and purpose of our current legal systems. This book reveals the intriguing and challenging nature of jurisprudence with clarity and enthusiasm. Without avoiding the complexities and subtleties of the subject, the author provides an illuminating guide to the central questions of legal theory. An experienced teacher of jurisprudence and distinguished writer in the field, his approach is stimulating, accessible, and entertaining.

A New Introduction to Legal Method
A New Introduction to Legal Method

Author: Paul Cliteur

Publisher: Routledge

Published: 2022-04-04

Total Pages: 176

ISBN-13: 1000578763

DOWNLOAD EBOOK

A New Introduction to Legal Method provides a comprehensive overview of legal science and the scientific character of legal knowledge. In five chapters, the book analyses and explores: (i) legal methodology in general, the main features of different schools of thought, and the nature of science in general; (ii) American realism, which offers an ideal starting point for law students to reflect on the material they are about to study critically; (iii) rationalism, empiricism, and logical positivism, in particular the work of Karl Popper; (iv) criticisms of essentialism; (v) the ideological and philosophical background of contemporary liberal interpretation. The inclusion of Dutch, French, and German literature sources makes this law title differ from previous writings on legal science. This textbook is ideal for students of legal method, and will be of great interest to those studying legal science, jurisprudence, legal research,and legal skills.

Thinking Like a Lawyer
Thinking Like a Lawyer

Author: Frederick F. Schauer

Publisher: Harvard University Press

Published: 2009-04-27

Total Pages: 256

ISBN-13: 0674032705

DOWNLOAD EBOOK

This primer on legal reasoning is aimed at law students and upper-level undergraduates. But it is also an original exposition of basic legal concepts that scholars and lawyers will find stimulating. It covers such topics as rules, precedent, authority, analogical reasoning, the common law, statutory interpretation, legal realism, judicial opinions, legal facts, and burden of proof. In addressing the question whether legal reasoning is distinctive, Frederick Schauer emphasizes the formality and rule-dependence of law. When taking the words of a statute seriously, when following a rule even when it does not produce the best result, when treating the fact of a past decision as a reason for making the same decision again, or when relying on authoritative sources, the law embodies values other than simply that of making the best decision for the particular occasion or dispute. In thus pursuing goals of stability, predictability, and constraint on the idiosyncrasies of individual decision-makers, the law employs forms of reasoning that may not be unique to it but are far more dominant in legal decision-making than elsewhere. Schauer’s analysis of what makes legal reasoning special will be a valuable guide for students while also presenting a challenge to a wide range of current academic theories.

Normative Jurisprudence
Normative Jurisprudence

Author: Robin West

Publisher: Cambridge University Press

Published: 2011-08-22

Total Pages: 221

ISBN-13: 1139504126

DOWNLOAD EBOOK

Normative Jurisprudence aims to reinvigorate normative legal scholarship that both criticizes positive law and suggests reforms for it, on the basis of stated moral values and legalistic ideals. It looks sequentially and in detail at the three major traditions in jurisprudence – natural law, legal positivism and critical legal studies – that have in the past provided philosophical foundations for just such normative scholarship. Over the last fifty years or so, all of these traditions, although for different reasons, have taken a number of different turns – toward empirical analysis, conceptual analysis or Foucaultian critique – and away from straightforward normative criticism. As a result, normative legal scholarship – scholarship that is aimed at criticism and reform – is now lacking a foundation in jurisprudential thought. The book criticizes those developments and suggests a return, albeit with different and in many ways larger challenges, to this traditional understanding of the purpose of legal scholarship.

The Force of Law
The Force of Law

Author: Frederick Schauer

Publisher: Harvard University Press

Published: 2015-02-10

Total Pages: 256

ISBN-13: 0674368215

DOWNLOAD EBOOK

Bentham's law -- The possibility and probability of noncoercive law -- In search of the puzzled man -- Do people obey the law? -- Are officials above the law? -- Coercing obedience -- Of carrots and sticks -- Coercion's arsenal -- Awash in a sea of norms -- The differentiation of law

The Oxford Introductions to U.S. Law
The Oxford Introductions to U.S. Law

Author: Brian Bix

Publisher: Oxford University Press

Published: 2013-04-25

Total Pages: 309

ISBN-13: 0199989591

DOWNLOAD EBOOK

A book about family law is necessarily a book both about family life and the role law can and should take in regulating family life. The Oxford Introductions to U.S. Law: Family Law provides a critical introduction to the enduring topics in the field, including not only an overview of the basic rules, but also the history and principles underlying them.