Read and Download eBook Full
Author: Geoffrey Samuel
Publisher: Edward Elgar Publishing
Published: 2018-08-31
Total Pages: 374
ISBN-13: 1784712612
DOWNLOAD EBOOK‘Rethinking’ legal reasoning seems a bold aim given the large amount of literature devoted to this topic. In this thought-provoking book, Geoffrey Samuel proposes a different way of approaching legal reasoning by examining the topic through the context of legal knowledge (epistemology). What is it to have knowledge of legal reasoning?
Author: Geoffrey Samuel
Publisher: Edward Elgar Publishing
Published: 2018-08-31
Total Pages: 336
ISBN-13: 9781784712600
DOWNLOAD EBOOK'Rethinking' legal reasoning seems a bold aim given the large amount of literature devoted to this topic. In this thought-provoking book, Geoffrey Samuel proposes a different way of approaching legal reasoning by examining the topic through the context of legal knowledge (epistemology). What is it to have knowledge of legal reasoning? At a more specific level the pursuit of this understanding is conducted through posing a number of questions that are founded on different approaches. What has legal reasoning been? What are the institutional and conceptual legacies of this history? What is the literature and textual heritage? How does it compare with medical reasoning and with reasoning in the humanities? Can it be demystified? In exploring these questions Samuel suggests a number of frameworks that offer some new insights into the nature of legal reasoning. The author also puts forward two key ideas. First, that the legal notion of an 'interest' might perhaps be a very suitable artefact for rethinking legal reasoning; and, secondly, that fiction theory might be the most viable 'epistemological attitude' for understanding, if not rethinking, reasoning in law. This book will be of great interest to academics who are researching legal method and legal reasoning, as well as epistemology of the social sciences and aspects of comparative law. It will also be an insightful text for those interested in legal history and historical perspectives on legal reasoning.
Author: William Twining
Publisher: Cambridge University Press
Published: 2006-06-01
Total Pages: 37
ISBN-13: 1139453211
DOWNLOAD EBOOKThe Law of Evidence has traditionally been perceived as a dry, highly technical, and mysterious subject. This book argues that problems of evidence in law are closely related to the handling of evidence in other kinds of practical decision-making and other academic disciplines, that it is closely related to common sense and that it is an interesting, lively and accessible subject. These essays develop a readable, coherent historical and theoretical perspective about problems of proof, evidence, and inferential reasoning in law. Although each essay is self-standing, they are woven together to present a sustained argument for a broad inter-disciplinary approach to evidence in litigation, in which the rules of evidence play a subordinate, though significant, role. This revised and enlarged edition includes a revised introduction, the best-known essays in the first edition, and chapters on narrative and argumentation, teaching evidence, and evidence as a multi-disciplinary subject.
Author: Jordi Ferrer Beltrán
Publisher: Cambridge University Press
Published: 2022-05-19
Total Pages: 459
ISBN-13: 1009036955
DOWNLOAD EBOOKThis book offers a transnational perspective of evidentiary problems, drawing on insights from different systems and legal traditions. It avoids the isolated manner of analyzing evidence and proof within each Common Law and Civil Law tradition. Instead, it features contributions from leading authors in the evidentiary field from a variety of jurisdictions and offers an overview of essential topics that are of both theoretical and practical interest. The collection examines evidence not only as a transnational field, but in a cross-disciplinary context. Each chapter engages with the interdisciplinary themes cutting through the issues discussed, benefiting from the expertise and experience of their diverse authors.
Author: Steven Mulroy
Publisher: Edward Elgar Publishing
Published:
Total Pages: 176
ISBN-13: 1788117514
DOWNLOAD EBOOKRecent U.S. elections have defied nationwide majority preference at the White House, Senate, and House levels. This work of interdisciplinary scholarship explains how “winner-take-all” and single-member district elections make this happen, and what can be done to repair the system. Proposed reforms include the National Popular Vote interstate compact (presidential elections); eliminating the Senate filibuster; and proportional representation using Ranked Choice Voting for House, state, and local elections.
Author: Glanert, Simone
Publisher: Edward Elgar Publishing
Published: 2021-10-19
Total Pages: 352
ISBN-13: 1786439476
DOWNLOAD EBOOKOver the past decades, the field commonly known as comparative law has significantly expanded. The multiplication of journals, the proliferation of scholarship and the creation of courses or summer schools specifically devoted to comparative law attest to its increasing popularity. Within the Western legal tradition, a traditional, black-letter approach to law has proved particularly authoritative. This co-authored book rethinks comparative law’s mainstream model by providing both students and lawyers with the intellectual equipment allowing them to approach any foreign law in a more meaningful way.
Author: James Reist Stoner
Publisher:
Published: 2003
Total Pages: 230
ISBN-13:
DOWNLOAD EBOOKIn an ere as morally confused as ours, Stoner argues, we at least ought to know what we've abandoned or suppressed in the name of judicial activism and the modern rights-oriented Constitution. Having lost our way, perhaps the common law, in its original sense, provides a way back, a viable alternative to the debilitating relativism of our current age.
Author: Larry S. Temkin
Publisher: Oxford University Press
Published: 2012-01-20
Total Pages: 639
ISBN-13: 0190208651
DOWNLOAD EBOOKIn choosing between moral alternatives -- choosing between various forms of ethical action -- we typically make calculations of the following kind: A is better than B; B is better than C; therefore A is better than C. These inferences use the principle of transitivity and are fundamental to many forms of practical and theoretical theorizing, not just in moral and ethical theory but in economics. Indeed they are so common as to be almost invisible. What Larry Temkin's book shows is that, shockingly, if we want to continue making plausible judgments, we cannot continue to make these assumptions. Temkin shows that we are committed to various moral ideals that are, surprisingly, fundamentally incompatible with the idea that "better than" can be transitive. His book develops many examples where value judgments that we accept and find attractive, are incompatible with transitivity. While this might seem to leave two options -- reject transitivity, or reject some of our normative commitments in order to keep it -- Temkin is neutral on which path to follow, only making the case that a choice is necessary, and that the cost either way will be high. Temkin's book is a very original and deeply unsettling work of skeptical philosophy that mounts an important new challenge to contemporary ethics.
Author: Hanoch Dagan
Publisher: Oxford University Press, USA
Published: 2013-09
Total Pages: 247
ISBN-13: 0199890692
DOWNLOAD EBOOKThis book demonstrates how legal realism offers important and unique jurisprudential insights that are not just a part of legal history, but are also relevant and useful for a contemporary understanding of legal theory.
Author: Richard Susskind OBE
Publisher: OUP Oxford
Published: 2010-09-16
Total Pages: 368
ISBN-13: 9780199593613
DOWNLOAD EBOOKThis widely acclaimed legal bestseller has ignited an intense debate within the legal profession. It examines the effect of advances in IT upon legal practice, analysing anticipated developments in the next decade. It urges lawyers to consider the sustainability of their traditional role.
