The Mysterious Science of the Law

The Mysterious Science of the Law

Author: Daniel J. Boorstin

Publisher: University of Chicago Press

Published: 1996-06

Total Pages: 289

ISBN-13: 0226064980

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Referred to as the "bible of American lawyers," Blackstone's Commentaries on the Laws of England shaped the principles of law in both England and America when its first volume appeared in 1765. For the next century that law remained what Blackstone made of it. Daniel J. Boorstin examines why Commentaries became the most essential knowledge that any lawyer needed to acquire. Set against the intellectual values of the eighteenth century-and the notions of Reason, Nature, and the Sublime—Commentaries is at last fitted into its social setting. Boorstin has provided a concise intellectual history of the time, illustrating all the elegance, social values, and internal contradictions of the Age of Reason.


Kinship, Law and Politics

Kinship, Law and Politics

Author: Joseph E. David

Publisher: Cambridge University Press

Published: 2020-07-02

Total Pages: 171

ISBN-13: 1108603572

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Why are we so concerned with belonging? In what ways does our belonging constitute our identity? Is belonging a universal concept or a culturally dependent value? How does belonging situate and motivate us? Joseph E. David grapples with these questions through a genealogical analysis of ideas and concepts of belonging. His book transports readers to crucial historical moments in which perceptions of belonging have been formed, transformed, or dismantled. The cases presented here focus on the pivotal role played by belonging in kinship, law, and political order, stretching across cultural and religious contexts from eleventh-century Mediterranean religious legal debates to twentieth-century statist liberalism in Western societies. With his thorough inquiry into diverse discourses of belonging, David pushes past the politics of belonging and forces us to acknowledge just how wide-ranging and fluid notions of belonging can be.


Edmund Burke

Edmund Burke

Author: Iain Hampsher-Monk

Publisher: Routledge

Published: 2017-03-02

Total Pages: 507

ISBN-13: 1351941682

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Edmund Burke’s iconic stance against the French Revolution and its supposed Enlightenment inspiration, has ensured his central role in debates about the nature of modernity and freedom. It has now been rendered even more complex by post-modern radicalism’s repudiation of the Enlightenment as repressive and its reason as illusionary. Not only did Burke’s own work cover a huge range - from aesthetics through history to constitutional politics and political theory - it has generated an enormous literature drawing on many disciplines, as well as continuing to be recruited in a range of contemporary polemics. In Edmund Burke, Iain Hampsher Monk presents a representative selection of articles and essays from the last 50 years of this scholarship. His introduction provides a brief biography and seeks to guide the reader through the chosen pieces as well as indicating its relationship to other and more substantial studies that form the critical heritage of this major figure.


Legal Memories And Amnesias In America's Rhetorical Culture

Legal Memories And Amnesias In America's Rhetorical Culture

Author: Marouf Arif Hasian

Publisher: Routledge

Published: 2021-11-28

Total Pages: 198

ISBN-13: 0429721625

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In Legal Memories and Amnesias in America's Rhetorical Culture, Marouf Hasian, Jr. critically examines the rhetoric of law--specifically, the shifting lines between the notions of liberty and license. Hasian, Jr. explores how such issues as immigration, labor, national identity, race, and genetics have caused society to change how it thinks about, and uses, laws. In Legal Memories and Amnesias in America's Rhetorical Culture, Marouf Hasian, Jr. critically examines the rhetoric of law--specifically, the shifting lines between the notions of liberty and license. Hasian, Jr. explores how issues such as immigration, labor, national identity, race, and genetics have caused society to change how it thinks about, and uses, laws. The author builds on critical race theory, feminist studies of the law, and critical legal studies, and he uses a case study framework that covers topics such as Sarah Roberts and the separate but equal doctrine, John Brown's enactment of natural law at Harper's Ferry, Typhoid Mary Mallon, the Holocaust, Susan Smith, the human genome project, and Rosewood. All of the aforementioned are tied together by an introduction that clearly delineates the basic theoretical stance of the book. Without a doubt, the subject of this book is provocative, timely, and timeless.


Pierson v. Post

Pierson v. Post

Author: Angela Fernandez

Publisher: Cambridge University Press

Published: 2018-09-27

Total Pages: 395

ISBN-13: 1107039282

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Offers new understandings of the famous foxhunting case, Pierson v. Post, and its role in legal education and legal professionalization. This book is meant for legal historians, lawyers, and law professors and students.


A Catalogue of the Law Collection at New York University

A Catalogue of the Law Collection at New York University

Author: Julius J. Marke

Publisher: The Lawbook Exchange, Ltd.

Published: 1999

Total Pages: 1418

ISBN-13: 1886363919

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Marke, Julius J., Editor. A Catalogue of the Law Collection at New York University With Selected Annotations. New York: The Law Center of New York University, 1953. xxxi, 1372 pp. Reprinted 1999 by The Lawbook Exchange, Ltd. LCCN 99-19939. ISBN 1-886363-91-9. Cloth. $195. * Reprint of the massive, well-annotated catalogue compiled by the librarian of the School of Law at New York University. Classifies approximately 15,000 works excluding foreign law, by Sources of the Law, History of Law and its Institutions, Public and Private Law, Comparative Law, Jurisprudence and Philosophy of Law, Political and Economic Theory, Trials, Biography, Law and Literature, Periodicals and Serials and Reference Material. With a thorough subject and author index. This reference volume will be of continuous value to the legal scholar and bibliographer, due not only to the works included but to the authoritative annotations, often citing more than one source. Besterman, A World Bibliography of Bibliographies 3461.


Working Knowledge

Working Knowledge

Author: Catherine L. Fisk

Publisher: Univ of North Carolina Press

Published: 2009-11-01

Total Pages: 373

ISBN-13: 0807899062

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Skilled workers of the early nineteenth century enjoyed a degree of professional independence because workplace knowledge and technical skill were their "property," or at least their attribute. In most sectors of today's economy, however, it is a foundational and widely accepted truth that businesses retain legal ownership of employee-generated intellectual property. In Working Knowledge, Catherine Fisk chronicles the legal and social transformations that led to the transfer of ownership of employee innovation from labor to management. This deeply contested development was won at the expense of workers' entrepreneurial independence and ultimately, Fisk argues, economic democracy. By reviewing judicial decisions and legal scholarship on all aspects of employee-generated intellectual property and combing the archives of major nineteenth-century intellectual property-producing companies--including DuPont, Rand McNally, and the American Tobacco Company--Fisk makes a highly technical area of law accessible to general readers while also addressing scholarly deficiencies in the histories of labor, intellectual property, and the business of technology.


The Justification of the Law

The Justification of the Law

Author: Clarence Morris

Publisher: University of Pennsylvania Press

Published: 2016-11-11

Total Pages: 224

ISBN-13: 1512804630

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"Men enjoy justice steadily and by design only when they live in a society that affords opportunities to all . . . to form aspirations for their society."—From the Introduction "The crux about which this book revolves is theory of justice," writes Clarence Morris. In its simplest form, his theory is this: the more the law implements the public's genuine and important aspirations—not its desires for individual gratification but the social, deep-seated unselfish, nonexploitable aspirations—the more just the legal system becomes. "Man's capacity for justice does not flow from divine reason or divine revelation. Men enjoy justice steadily and by design only when they live in a society that affords opportunities in all its inhabitants to develop their capacity to form aspirations for their society." Up to now the world's capacity for justice, so defined, has been small. Some believe that the Western world is still too suppressed for such aspirations and that true justice will emerge only after its liberation. Herbert Marcuse calls for liberation through revolution; John Stuart Mill, relying on man's reason, urged peaceful nonconformity. Both, says Morris, are wrong—but we should learn from Marcuse that every aspiration has an emotional dimension, and we should not allow Mill to persuade us that justice is only a matter of factual discovery. And, since justices are always in flux, the justice of one time or place can become the clumsy legalistics of another. In the light of this theory of justice the author examines the complex logic with which the law must tread its way through the maze of human existence; the need for general rules ("enacted law" and judicial precedents); the function of sociological insights in the development of common law; and the role of statutory penal law, strikingly illustrated from the Chinese Imperial Code.