International Law and the Politics of History

International Law and the Politics of History

Author: Anne Orford

Publisher: Cambridge University Press

Published: 2021-08-05

Total Pages: 395

ISBN-13: 1108480942

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Explores the ideological, political, and economic stakes of struggles over international law's history and its relation to empire and capitalism.


Just Algorithms

Just Algorithms

Author: Christopher Slobogin

Publisher: Cambridge University Press

Published: 2021-07-29

Total Pages: 183

ISBN-13: 1108996809

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Statistically-derived algorithms, adopted by many jurisdictions in an effort to identify the risk of reoffending posed by criminal defendants, have been lambasted as racist, de-humanizing, and antithetical to the foundational tenets of criminal justice. Just Algorithms argues that these attacks are misguided and that, properly regulated, risk assessment tools can be a crucial means of safely and humanely dismantling our massive jail and prison complex. The book explains how risk algorithms work, the types of legal questions they should answer, and the criteria for judging whether they do so in a way that minimizes bias and respects human dignity. It also shows how risk assessment instruments can provide leverage for curtailing draconian prison sentences and the plea-bargaining system that produces them. The ultimate goal of Christopher Slobogin's insightful analysis is to develop the principles that should govern, in both the pretrial and sentencing settings, the criminal justice system's consideration of risk.


The Continuity of Legal Systems in Theory and Practice

The Continuity of Legal Systems in Theory and Practice

Author: Benjamin Spagnolo

Publisher: Bloomsbury Publishing

Published: 2015-10-22

Total Pages: 252

ISBN-13: 1849468850

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The Continuity of Legal Systems in Theory and Practice examines a persistent and fascinating question about the continuity of legal systems: when is a legal system existing at one time the same legal system that exists at another time? The book's distinctive approach to this question is to combine abstract critical analysis of two of the most developed theories of legal systems, those of Hans Kelsen and Joseph Raz, with an evaluation of their capacity, in practice, to explain the facts, attitudes and normative standards for which they purport to account. That evaluation is undertaken by reference to Australian constitutional law and history, whose diverse and complex phenomena make it particularly apt for evaluating the theories' explanatory power. In testing whether the depiction of Australian law presented by each theory achieves an adequate 'fit' with historical facts, the book also contributes to the understanding of Australian law and legal systems between 1788 and 2001. By collating the relevant Australian materials systematically for the first time, it presents the case for reconceptualising the role of Imperial laws and institutions during the late nineteenth and early twentieth centuries, and clarifies the interrelationship between Colonial, State, Commonwealth and Imperial legal systems, both before and after Federation.


Legal Skills

Legal Skills

Author: Emily Finch

Publisher: Oxford University Press, USA

Published: 2019

Total Pages: 515

ISBN-13: 0198831277

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'Legal Skills' encompasses all the academic and practical legal skills vital to a law degree in one manageable volume. It is an ideal text for the first year law student and a valuable resource for those studying law at any level.


A General Jurisprudence of Law and Society

A General Jurisprudence of Law and Society

Author: Brian Z. Tamanaha

Publisher: Oxford Socio-Legal Studies

Published: 2001

Total Pages: 298

ISBN-13: 9780199244669

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Law is generally understood to be a mirror of society that functions to maintain social order. Focusing on this general understanding, this text conducts a survey of Western legal and social theories about law and its relationship within society.


Naturalizing Jurisprudence

Naturalizing Jurisprudence

Author: Brian Leiter

Publisher: Oxford University Press, USA

Published: 2007

Total Pages: 0

ISBN-13: 9780199206490

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Brian Leiter is widely recognized as the leading philosophical interpreter of the jurisprudence of American Legal Realism, as well as the most influential proponent of the relevance of the naturalistic turn in philosophy to the problems of legal philosophy. This volume collects newly revisedversions of ten of his best-known essays, which set out his reinterpretation of the Legal Realists as prescient philosophical naturalists; critically engage with jurisprudential responses to Legal Realism, from legal positivism to Critical Legal Studies; connect the Realist program to themethodology debate in contemporary jurisprudence; and explore the general implications of a naturalistic world view for problems about the objectivity of law and morality. Leiter has supplied a lengthy new introductory essay, as well as postscripts to several of the essays, in which he responds tochallenges to his interpretive and philosophical claims by academic lawyers and philosophers.This volume will be essential reading for anyone interested in jurisprudence, as well as for philosophers concerned with the consequences of naturalism in moral and legal philosophy.


Jurisprudence

Jurisprudence

Author: Brian Bix

Publisher:

Published: 2012

Total Pages: 372

ISBN-13:

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"A broad overview of the main topics and central issues in legal theory, Jurisprudence provides students with an informative introduction. Academically challenging and often controversial ideas are pre"


Patterns of American Jurisprudence

Patterns of American Jurisprudence

Author: Neil Duxbury

Publisher:

Published: 1995

Total Pages: 544

ISBN-13:

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This unique study offers a comprehensive analysis of American jurisprudence from its emergence in the later stages of the nineteenth century through to the present day. The author argues that it is a mistake to view American jurisprudence as a collection of movements and schools which have emerged in opposition to each other. By offering a highly original analysis of legal formalism, legal realism, policy science, process jurisprudence, law and economics, and critical legal studies, he demonstrates that American jurisprudence has evolved as a collection of themes which reflects broader American intellectual and cultural concerns.