The Nature and Functions of Law
Author: Harold Joseph Berman
Publisher:
Published: 1958
Total Pages: 696
ISBN-13:
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The Functions of Law
Author: Kenneth M. Ehrenberg
Publisher: Oxford University Press
Published: 2016-03-11
Total Pages: 241
ISBN-13: 019166846X
DOWNLOAD EBOOKWhat is the nature of law and what is the best way to discover it? This book argues that law is best understood in terms of the social functions it performs wherever it is found in human society. In order to support this claim, law is explained as a kind of institution and as a kind of artefact. To say that it is an institution is to say that it is designed for creating and conferring special statuses to people so as to alter their rights and responsibilities toward each other. To say that it is an artefact is to say that it is a tool of human creation that is designed to signal its usability to people who interact with it. This picture of law's nature is marshalled to critique theories of law that see it mainly as a product of reason or morality, understanding those theories via their conceptions of law's function. It is also used to argue against those legal positivists who see law's functions as relatively minor aspects of its nature. This method of conceptualizing law's nature helps us to explain how the law, understood as social facts, can make normative demands upon us. It also recommends a methodology for understanding law that combines elements of conceptual analysis with empirical research for uncovering the purposes to which diverse peoples put their legal activities.
Law for Society
Author: Kevin M. Clermont
Publisher: Aspen Publishing
Published: 2010-02-18
Total Pages: 1081
ISBN-13: 1454860294
DOWNLOAD EBOOKLaw for Society: Nature, Functions, and Limits offers an illuminating conceptual framework that looks at five basic legal instruments with which the law addresses the problems and goals of society. For any Introduction to Law course or as secondary reading in political science, criminal justice, or general studies, Law for Society breaks down the very concept of “law” to answer the questions: What is law? How does law work? What can law do and not do? The book addresses the nature of law, its problem-solving functions, and the limits on what law can accomplish.
The Nature of the Common Law
Author: Melvin Aron Eisenberg
Publisher: Harvard University Press
Published: 1991-10
Total Pages: 220
ISBN-13: 9780674604810
DOWNLOAD EBOOKCommon law rules predominate in some areas of law, such as torts and contracts, and are extremely important in other areas, such as corporations. Nevertheless, it has been unclear what principles courts use—or should use—in establishing common law rules. In this lucid book, Melvin Eisenberg develops the principles that govern this process.
The Expressive Powers of Law
Author: Richard H. McAdams
Publisher: Harvard University Press
Published: 2015-02-09
Total Pages: 335
ISBN-13: 0674967208
DOWNLOAD EBOOKWhen asked why people obey the law, legal scholars usually give two answers. Law deters illicit activities by specifying sanctions, and it possesses legitimate authority in the eyes of society. Richard McAdams shifts the prism on this familiar question to offer another compelling explanation of how the law creates compliance: through its expressive power to coordinate our behavior and inform our beliefs. “McAdams’s account is useful, powerful, and—a rarity in legal theory—concrete...McAdams’s treatment reveals important insights into how rational agents reason and interact both with one another and with the law. The Expressive Powers of Law is a valuable contribution to our understanding of these interactions.” —Harvard Law Review “McAdams’s analysis widening the perspective of our understanding of why people comply with the law should be welcomed by those interested either in the nature of law, the function of law, or both...McAdams shows how law sometimes works by a power of suggestion. His varied examples are fascinating for their capacity both to demonstrate and to show the limits of law’s expressive power.” —Patrick McKinley Brennan, Review of Metaphysics
Rule of Law for Nature
Author: Christina Voigt
Publisher: Cambridge University Press
Published: 2013-11-21
Total Pages: 409
ISBN-13: 1107513219
DOWNLOAD EBOOK'Human laws must be reformulated to keep human activities in harmony with the unchanging and universal laws of nature.' This 1987 statement by the World Commission on Environment and Development has never been more relevant and urgent than it is today. Despite the many legal responses to various environmental problems, more greenhouse gases than ever before are being released into the atmosphere, biological diversity is rapidly declining and fish stocks in the oceans are dwindling. This book challenges the doctrinal construction of environmental law and presents an innovative legal approach to ecological sustainability: a rule of law for nature which guides and transcends ordinary written laws and extends fundamental principles of respect, integrity and legal security to the non-human world.
SOU-CCJ230 Introduction to the American Criminal Justice System
Author: Alison Burke
Publisher:
Published: 2019
Total Pages:
ISBN-13: 9781636350684
DOWNLOAD EBOOKPhilosophical Foundations of the Nature of Law
Author: Wilfrid J. Waluchow
Publisher: Oxford University Press
Published: 2013-03-14
Total Pages: 386
ISBN-13: 0199675511
DOWNLOAD EBOOKThis volume examines power-sharing agreements, their legitimacy and their compatibility with human rights law. Providing a clear, accessible introduction to the political science and human rights law on the issue, the book is an invaluable guide to all those engaged with transitional justice, peace agreements, and human rights.
Form and Function in a Legal System
Author: Robert S. Summers
Publisher: Cambridge University Press
Published: 2005-11-14
Total Pages: 422
ISBN-13: 1139448870
DOWNLOAD EBOOKThis book addresses three major questions about law and legal systems: (1) What are the defining and organising forms of legal institutions, legal rules, interpretative methodologies, and other legal phenomena? (2) How does frontal and systematic focus on these forms advance understanding of such phenomena? (3) What credit should the functions of forms have when such phenomena serve policy and related purposes, rule of law values, and fundamental political values such as democracy, liberty, and justice? This book seeks to offer general answers to these questions and thus gives form in the law its due. The answers not only provide articulate conversancy with the subject but also reveal insights into the nature of law itself, the oldest and foremost problem in legal theory and allied subjects.
The Law of Good People
Author: Yuval Feldman
Publisher:
Published: 2018-06-07
Total Pages: 257
ISBN-13: 1107137101
DOWNLOAD EBOOKThis book argues that overcoming people's inability to recognize their own wrongdoing is the most important but regrettably neglected area of the behavioral approach to law.
