How to Do Things with Legal Doctrine
How to Do Things with Legal Doctrine

Author: Pierre Schlag

Publisher: University of Chicago Press

Published: 2020-10-10

Total Pages: 216

ISBN-13: 022672638X

DOWNLOAD EBOOK

Legal doctrine—the creation of doctrinal concepts, arguments, and legal regimes built on the foundation of written law—is the currency of contemporary law. Yet law students, lawyers, and judges often take doctrine for granted, without asking even the most basic questions. How to Do Things with Legal Doctrine is a sweeping and original study that focuses on how to understand legal doctrine via a hands-on approach. Taking up the provocative invitations from the “New Doctrinalists,” Pierre Schlag and Amy J. Griffin refine the conceptual and rhetorical operations legal professionals perform with doctrine—focusing especially on those difficult moments where law seems to run out, but legal argument must go on. The authors make the crucial operations of doctrine explicit, revealing how they work, and how they shape the law that emerges. How to Do Things with Legal Doctrine will help all those studying or working with law to gain a more systematic understanding of the doctrinal moves many of our best lawyers make intuitively.

Legal Doctrine and Social Progress (Classic Reprint)
Legal Doctrine and Social Progress (Classic Reprint)

Author: Frank Parsons

Publisher: Forgotten Books

Published: 2018-01-13

Total Pages: 222

ISBN-13: 9780428966706

DOWNLOAD EBOOK

Excerpt from Legal Doctrine and Social Progress The stupendous social problems of this age force as to face the question - shall remedy be found by evolution or revolution? The answer to this question is of momentous importance. It determines one's attitude toward the prob lems and marks the essential nature of his ao tivities. If he believes that revolution is the way out he Will very likely be unsympathetic With reforms, and impatient of palliative measures. He Will clothe his ideals With abundance of detail and refuse to pave the road or even blaze the trail by Which they must be reached. He complacently postpones all progress to that joyful day When his perfect ideal will be realized in one grand coup d'etat. The man on the other hand Who believes in re forms and evolutionary methods of social prog ress Will do what he can each day to gain an inch toward things as they ought to be. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

25 Doctrines of Law You Should Know
25 Doctrines of Law You Should Know

Author: Philip Chase

Publisher: Algora Publishing

Published: 2007

Total Pages: 238

ISBN-13: 0875865380

DOWNLOAD EBOOK

"I'll sue you!" In America's litigious society, everyone needs €to know a few basics to avoid being snowed, cowed and generally abused. Even those who can afford to hire lawyers need to know what they are up to. This introduction to legal doctrines is a good first step if you want to file suit or help prepare your own legal defenses. When a conflict arises, what are the main doctrines of law that give one side an advantage? What do they mean, and how do they apply? When you can see through the legal jargon, the intimidation factor loses its power and you can concentrate on real issues and use these tools to take care of yourself. Some of America's doctrines go back to the 17th-century English Bench and have had a lasting impact on our legal system. Other doctrines are of more recent vintage but have had an equally profound influence. The author has researched 1,000 legal cases and identified 326 different doctrines of law; of those, he has selected 25 doctrines that average Americans are most likely to encounter in everyday €activities. In these pages he reviews actual cases to show how the doctrines apply in real-life scenarios and relates what happened in court. These non-jargon explanations of legal scenarios provide handy background reading for fans of court-room dramas and, since any one of us may end up in court these days, important general education for every adult in the United States. The 25 doctrines discussed are: 1. Res Ipsa Loquitur 2. Promissory Estoppel 3. Respondeat Superior 4. €Doctrine of Sudden Danger 5. Rescue Doctrine 6. Doctrine of Comparative Negligence 7. Doctrine of Unjust Enrichment 8. €Doctrine of Unclean Hands 9. Doctrine of Unconscionability 10. Fruit of the Poisonous Tree Doctrine 11. Attractive Nuisance Doctrine 12. €Doctrine of Mitigated Damages 13. Quantum Meruit Doctrine 14. €Doctrine of Sovereign Immunity 15. Doctrine of Absolute €Immunity 16. Doctrine of Qualified Immunity 17. Last Clear Chance Doctrine 18. €Open and Obvious Danger Doctrine 19. Assumption of Risk Doctrine 20. €Public Duty Doctrine 21. Statute of Limitations 22. Equitable Estoppel 23. Res Judicata 24. Collateral Estoppel 25. Stare Decisis As an accessible point of introduction for those interested in the U.S. legal system, this book is suitable as a popular reference work for public libraries, auxiliary reading for business-school courses, a starting place for anyone caught in a legal conflict, and handy background reading for fans of court-room drama novels and T.V.

Legal Doctrine and Social Progress
Legal Doctrine and Social Progress

Author: Frank Parsons

Publisher: Forgotten Books

Published: 2015-06-14

Total Pages: 223

ISBN-13: 9781330070512

DOWNLOAD EBOOK

Excerpt from Legal Doctrine and Social Progress The stupendous social problems of this age force us to face the question - shall remedy be found by evolution or revolution? The answer to this question is of momentous importance. It determines one's attitude toward the problems and marks the essential nature of his activities. If he believes that revolution is "the way out" he will very likely be unsympathetic with reforms, and impatient of "palliative measures." He will clothe his ideals with abundance of detail and refuse to pave the road or even blaze the trail by which they must be reached. He complacently postpones all progress to that joyful day when his perfect ideal will be realized in one grand coup d' etat. The man on the other hand who believes in reforms and evolutionary methods of social progress will do what he can each day to gain an inch toward things as they ought to be. A man is an evolutionist or a revolutionist in the matter of pursuing his ideal, according to the view he takes of the law, the constitution and chart of present civic institutions. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

How to Do Things With Rules
How to Do Things With Rules

Author: William Twining

Publisher: Cambridge University Press

Published: 1999-05

Total Pages: 500

ISBN-13: 9780406904089

DOWNLOAD EBOOK

"Demystifies legal method by combining a wide variety of concrete examples with a general account of rules in general." - cover.

Legal Doctrinal Scholarship
Legal Doctrinal Scholarship

Author: Bódig, Mátyás

Publisher: Edward Elgar Publishing

Published: 2021-07-31

Total Pages: 288

ISBN-13: 178811406X

DOWNLOAD EBOOK

Providing a comprehensive account of the often-misunderstood area of legal doctrinal scholarship, this incisive book offers a novel framing for conceptual legal theory and the functions of conceptual theorising in legal studies. It explores the ways in which a doctrinally oriented legal theory may provide methodological support to legal scholars, arguing that making adequate sense of the rational reconstruction of law is pivotal in delivering such active support.

Unilateral Acts
Unilateral Acts

Author: Betina Kuzmarov

Publisher: Taylor & Francis

Published: 2018-05-20

Total Pages: 201

ISBN-13: 1351670360

DOWNLOAD EBOOK

We are in a moment where peoples and states are interested, directly or indirectly, in asserting their "national interest," unilaterally if necessary. In the White House, the national security policy is premised on "America First," while Catalans and Iraqi Kurds have taken steps to unilaterally declare their independence. All of these actions have generated tension both domestically and internationally. However, even though the potential for unilateral action has been receiving a lot of attention, the larger issue of the legality of unilateral acts is often hard to discern. This book provides a history of the doctrine of unilateral acts in international law, tracing their treatment in the international sphere from consent based acts, to obligations erga omnes, to acts of estoppel. ? Through chapter-by-chapter case studies, this book traces the "legalization" of the category of unilateral acts from its 19th Century foundations into a broad category of obligation. To understand why and how this occurred, this book examines the history of the legal doctrine of unilateral acts, which shows that in spite of efforts to progressively make unilateral acts "legal" they are still not precisely defined or easy to apply, challenging the very commitment these acts are meant to establish.

Thinking Like a Lawyer
Thinking Like a Lawyer

Author: Frederick Schauer

Publisher: Harvard University Press

Published: 2012-04-02

Total Pages: 256

ISBN-13: 0674062485

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.

Force and Freedom
Force and Freedom

Author: Arthur Ripstein

Publisher: Harvard University Press

Published: 2010-02-15

Total Pages: 416

ISBN-13: 0674054512

DOWNLOAD EBOOK

In this masterful work, both an illumination of Kant’s thought and an important contribution to contemporary legal and political theory, Arthur Ripstein gives a comprehensive yet accessible account of Kant’s political philosophy. Ripstein shows that Kant’s thought is organized around two central claims: first, that legal institutions are not simply responses to human limitations or circumstances; indeed the requirements of justice can be articulated without recourse to views about human inclinations and vulnerabilities. Second, Kant argues for a distinctive moral principle, which restricts the legitimate use of force to the creation of a system of equal freedom. Ripstein’s description of the unity and philosophical plausibility of this dimension of Kant’s thought will be a revelation to political and legal scholars. In addition to providing a clear and coherent statement of the most misunderstood of Kant’s ideas, Ripstein also shows that Kant’s views remain conceptually powerful and morally appealing today. Ripstein defends the idea of equal freedom by examining several substantive areas of law—private rights, constitutional law, police powers, and punishment—and by demonstrating the compelling advantages of the Kantian framework over competing approaches.