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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.
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.
Author: Brian Z. Tamanaha
Publisher: Oxford University Press
Published: 1997
Total Pages: 304
ISBN-13: 9780198265603
DOWNLOAD EBOOKCombining philosophical pargmatism with a methodological foundation, Tamanaha formulates a framework for a realistic approach to socio-legal theory. The strengths of this approach are contrasted with that of the major schools of socio-legal theory by application to core issues in this area.Thus Tamanaha explores the problematic state of socio-legal studies, the relationship between behaviour and meaning, the notion of legal ideology, the problem of indeterminacy in rule following and application, and the structure of judicial decision making. These issues are tackled in a clear andconcise fashion while articulating a social theory of law which draws equally from legal theory and socio-legal theory.
Author: Karl Nickerson Llewellyn
Publisher:
Published: 1971
Total Pages: 531
ISBN-13:
DOWNLOAD EBOOKAuthor: 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).
Author: Karl Olivecrona
Publisher: Hassell Street Press
Published: 2021-09-09
Total Pages: 236
ISBN-13: 9781013308147
DOWNLOAD EBOOKThis work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Author: Brian Z. Tamanaha
Publisher: Cambridge University Press
Published: 2006-10-02
Total Pages: 238
ISBN-13: 1139459228
DOWNLOAD EBOOKThe 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.
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.
Author: Rex Martin
Publisher: John Wiley & Sons
Published: 2008-04-15
Total Pages: 344
ISBN-13: 1405157364
DOWNLOAD EBOOKThis volume examines Rawls's theory of international justice as worked out in his controversial last book, The Law of Peoples.
Author: Duncan Kennedy
Publisher: Beard Books
Published: 2006
Total Pages: 324
ISBN-13: 1587982781
DOWNLOAD EBOOKLegal historian G. Edward White recently described it as the "most widely circulated and cited unpublished manuscript in twentieth-century American legal scholarship since Hart & Sacks' Legal Process materials." It began the re-evaluation of law in the Gilded Age, and gave it its current name of Classical Legal Thought. It was also one of the first and most influential of the works that introduced European critical theory and structuralism into the study of American law. This reprint comes with a substantial new Introduction that puts the work in context and relates it to current scholarship in the field. It should interest historians generally as well as readers curious about how our legal system got its special modern character --
