Towards a Realistic Jurisprudence
Author: Alf Ross
Publisher: Scientia Verlag Und Antiquariat
Published: 1989
Total Pages: 304
ISBN-13: 9783511092139
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On Law and Justice
Author: Alf Ross
Publisher: The Lawbook Exchange, Ltd.
Published: 2004
Total Pages: 396
ISBN-13: 1584774886
DOWNLOAD EBOOKRoss, Alf. On Law and Justice. Berkeley: University of California Press, 1959. xi, 383 pp. Reprint available December 2004 by the Lawbook Exchange, Ltd. ISBN 1-58477-488-6. Cloth. $90. * In this influential and oft-cited study Ross discounted the theories of natural law, positivism and legal realism. In their stead, he proposed the abandonment of "ought-propositions" for the "is-propositions" employed by other empirical sciences, thereby envisioning lawyers that serve merely as "rational technologists." Less bound by tradition, and traditional notions of justice, jurisprudence then becomes "not only a beautiful mental activity per se, but also an instrument which may benefit any lawyer who wants to understand what he is doing and why" (Preface).
Jurisprudence ; Realism in Theory and Practice
Author: Karl Nickerson Llewellyn
Publisher:
Published: 1971
Total Pages: 531
ISBN-13:
DOWNLOAD EBOOKResearch Handbook on Modern Legal Realism
Author: Shauhin Talesh
Publisher: Edward Elgar Publishing
Published: 2021-03-26
Total Pages: 544
ISBN-13: 1788117778
DOWNLOAD EBOOKThis insightful Research Handbook provides a definitive overview of the New Legal Realism (NLR) movement, reaching beyond historical and national boundaries to form new conversations. Drawing on deep roots within the law-and-society tradition, it demonstrates the powerful virtues of new legal realist research and its attention to the challenges of translation between social science and law. It explores an impressive range of contemporary issues including immigration, policing, globalization, legal education, and access to justice, concluding with and examination of how different social science disciplines intersect with NLR.
The New Legal Realism: Volume 1
Author: Elizabeth Mertz
Publisher: Cambridge University Press
Published: 2016-05-03
Total Pages: 0
ISBN-13: 9781107071131
DOWNLOAD EBOOKThis is the first of two volumes announcing the emergence of the new legal realism as a field of study. At a time when the legal academy is turning to social science for new approaches, these volumes chart a new course for interdisciplinary research by synthesizing law on the ground, empirical research, and theory. Volume 1 lays the groundwork for this novel and comprehensive approach with an innovative mix of theoretical, historical, pedagogical, and empirical perspectives. Their empirical work covers such wide-ranging topics as the financial crisis, intellectual property battles, the legal disenfranchisement of African-American landowners, and gender and racial prejudice on law school faculties. The methodological blueprint offered here will be essential for anyone interested in the future of law-and-society.
A Realistic Theory of Law
Author: Brian Z. Tamanaha
Publisher: Cambridge University Press
Published: 2017-04-24
Total Pages: 211
ISBN-13: 1107188423
DOWNLOAD EBOOKThe book re-orients jurisprudence and develops an empirically informed theory of law that applies throughout history and across different societies.
Beyond the Formalist-Realist Divide
Author: Brian Z. Tamanaha
Publisher: Princeton University Press
Published: 2009-10-26
Total Pages: 265
ISBN-13: 1400831989
DOWNLOAD EBOOKAccording to conventional wisdom in American legal culture, the 1870s to 1920s was the age of legal formalism, when judges believed that the law was autonomous and logically ordered, and that they mechanically deduced right answers in cases. In the 1920s and 1930s, the story continues, the legal realists discredited this view by demonstrating that the law is marked by gaps and contradictions, arguing that judges construct legal justifications to support desired outcomes. This often-repeated historical account is virtually taken for granted today, and continues to shape understandings about judging. In this groundbreaking book, esteemed legal theorist Brian Tamanaha thoroughly debunks the formalist-realist divide. Drawing from extensive research into the writings of judges and scholars, Tamanaha shows how, over the past century and a half, jurists have regularly expressed a balanced view of judging that acknowledges the limitations of law and of judges, yet recognizes that judges can and do render rule-bound decisions. He reveals how the story about the formalist age was an invention of politically motivated critics of the courts, and how it has led to significant misunderstandings about legal realism. Beyond the Formalist-Realist Divide traces how this false tale has distorted studies of judging by political scientists and debates among legal theorists. Recovering a balanced realism about judging, this book fundamentally rewrites legal history and offers a fresh perspective for theorists, judges, and practitioners of law.
The Cambridge Companion to Legal Positivism
Author: Torben Spaak
Publisher: Cambridge University Press
Published: 2021-02-04
Total Pages: 807
ISBN-13: 1108427677
DOWNLOAD EBOOKThe book brings together 33 state-of-the-art chapters on the import and the pros and cons of legal positivism.
The Law in Quest of Itself
Author: Lon L. Fuller
Publisher: The Lawbook Exchange, Ltd.
Published: 1999
Total Pages: 190
ISBN-13: 1584770163
DOWNLOAD EBOOKFuller, Lon L. The Law in Quest of Itself. Boston: Beacon Press, 1966. [vi], 150 pp. Reprinted 1999 by The Lawbook Exchange, Ltd. LCCN 99-32863. ISBN-13: 978-1-58477-016-9. ISBN-10: 1-58477-016-3. Cloth. $60.* Three lectures by the Harvard Law School professor examine legal positivism and natural law. In the course of his analysis Fuller discusses Kelsen's theory as a reactionary theory, and Hobbes' theory of sovereignty. He defines legal positivism as the viewpoint that draws a distinction "between the law that is and the law that ought to be..." (p.5) and interprets natural law as that which tolerates a combination of the two. He looks at the effects of positivism's continued influence on American legal thinking and concludes that law as a principle of order is necessary in a democracy.
The Judicial Process
Author: E. W. Thomas
Publisher: Cambridge University Press
Published: 2005-09-15
Total Pages: 448
ISBN-13: 9781139446983
DOWNLOAD EBOOKIn the absence of a sound conception of the judicial role, judges at present can be said to be 'muddling along'. They disown the declaratory theory of law but continue to behave and think as if it had not been discredited. Much judicial reasoning still exhibits an unquestioning acceptance of positivism and a 'rulish' predisposition. Formalistic thinking continues to exert a perverse influence on the legal process. This 2005 book dismantles these outdated theories and seeks to bridge the gap between legal theory and judicial practice. The author propounds a coherent and comprehensive judicial methodology for modern times. Founded on the truism that the law exists to serve society, and adopting the twin criteria of justice and contemporaneity with the times, a judicial methodology is developed which is realistic and pragmatic and which embraces a revised conception of practical reasoning, including in that conception a critical role for legal principles.
