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Author : John Paul Omony
Publisher :
ISBN 13 :
Total Pages : 94 pages
Book Rating : 4.20/5 ( download)
Download or read book Key Issues in Jurisprudence: An in-depth discourse on jurisprudence 1 problems written by John Paul Omony and published by . This book was released on 2006 with total page 94 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : John Paul Omony
Publisher :
ISBN 13 :
Total Pages : 116 pages
Book Rating : 4.23/5 ( download)
Download or read book Key Issues in Jurisprudence: An in-depth discourse on jurisprudence 2 problems written by John Paul Omony and published by . This book was released on 2006 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Richard A. Posner
Publisher : Harvard University Press
ISBN 13 : 0674255488
Total Pages : 524 pages
Book Rating : 4.87/5 ( download)
Download or read book The Problems of Jurisprudence written by Richard A. Posner and published by Harvard University Press. This book was released on 1993-03-15 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, one of our country’s most distinguished scholar-judges shares with us his vision of the law. For the past two thousand years, the philosophy of law has been dominated by two rival doctrines. One contends that law is more than politics and yields, in the hands of skillful judges, correct answers to even the most difficult legal questions; the other contends that law is politics through and through and that judges wield essentially arbitrary powers. Rejecting these doctrines as too metaphysical in the first instance and too nihilistic in the second, Richard Posner argues for a pragmatic jurisprudence, one that eschews formalism in favor of the factual and the empirical. Laws, he argues, are not abstract, sacred entities, but socially determined goads for shaping behavior to conform with society’s values. Examining how judges go about making difficult decisions, Posner argues that they cannot rely on either logic or science, but must fall back on a grab bag of informal methods of reasoning that owe less than one might think to legal training and experience. Indeed, he reminds us, the greatest figures in American law have transcended the traditional conceptions of the lawyer’s craft. Robert Jackson did not attend law school and Benjamin Cardozo left before getting a degree. Holmes was neither the most successful of lawyers nor the most lawyerly of judges. Citing these examples, Posner makes a plea for a law that frees itself from excessive insularity and takes all knowledge, practical and theoretical, as grist for its mill. The pragmatism that Posner espouses implies looking at problems concretely, experimentally, without illusions, with an emphasis on keeping diverse paths of inquiry open, and, above all, with the insistence that social thought and action be evaluated as instruments to desired human goals rather than as ends in themselves. In making his arguments, he discusses notable figures in jurisprudence from Antigone to Ronald Dworkin as well as recent movements ranging from law and economics to civic republicanism, and feminism to libertarianism. All are subjected to Posner’s stringent analysis in a fresh and candid examination of some of the deepest problems presented by the enterprise of law.
Author : Kenya National Library Service. National Reference & Bibliographic Department
Publisher :
ISBN 13 :
Total Pages : 172 pages
Book Rating : 4.0J/5 ( download)
Download or read book Kenya National Bibliography written by Kenya National Library Service. National Reference & Bibliographic Department and published by . This book was released on 2010 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : George Pavlakos
Publisher : Bloomsbury Publishing
ISBN 13 : 184731368X
Total Pages : 390 pages
Book Rating : 4.83/5 ( download)
Download or read book Law, Rights and Discourse written by George Pavlakos and published by Bloomsbury Publishing. This book was released on 2007-07-11 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: A philosophical system is not what one would expect to find in the work of a contemporary legal thinker. Robert Alexy's work counts as a striking exception. Over the past 28 years Alexy has been developing, with remarkable clarity and consistency, a systematic philosophy covering most of the key areas of legal philosophy. Kantian in its inspiration, his work admirably combines the rigour of analytical philosophy with a repertoire of humanitarian ideals reflecting the tradition of the Geisteswissenschaften, rendering it one of the most far-reaching and influential legal philosophies in our time. This volume has been designed with two foci in mind: the first is to reflect the breadth of Alexy's philosophical system, as well as the varieties of jurisprudential and philosophical scholarship in the last three decades on which his work has had an impact. The second objective is to provide for a critical exchange between Alexy and a number of specialists in the field, with an eye to identifying new areas of inquiry and offering a new impetus to the discourse theory of law. To that extent, it was thought that a critical exchange such as the one undertaken here would most appropriately reflect the discursive and critical character of Robert Alexy's work. The volume is divided into four parts, each dealing with a key area of Alexy's contribution. A final section brings together concise answers by Robert Alexy. In composing these, Alexy has tried to focus on points and criticisms that address new aspects of discourse theory or otherwise point the way to future developments and applications. With its range of topics of coverage, the number of specialists it engages and the originality of the answers it provides, this collection will become a standard work of reference for anyone working in legal theory in general and the discourse theory of law in particular.
Author : Yale Law Journal
Publisher : Quid Pro Books
ISBN 13 : 1610279638
Total Pages : 495 pages
Book Rating : 4.35/5 ( download)
Download or read book Yale Law Journal: Volume 121, Number 1 - October 2011 written by Yale Law Journal and published by Quid Pro Books. This book was released on 2011-10-20 with total page 495 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the world's leading law journals is now available in quality ebook formats. This issue of The Yale Law Journal (the first issue of Volume 121, academic year 2011-2012) features new articles and essays on jurisprudence, tort law, and other areas of interest. Contributors include such noted scholars as Jules Coleman, Ariel Porat, and Mark Geistfeld. The issue also features student contributions on counter-terrorism and on felon disenfranchisement. Digital formatting includes linked notes and an active Table of Contents (including linked Tables of Contents for individual articles and essays), as well as linked cross-references and properly presented tables.
Author : Hélène Tyrrell
Publisher : Bloomsbury Publishing
ISBN 13 : 1509904956
Total Pages : 232 pages
Book Rating : 4.52/5 ( download)
Download or read book Human Rights in the UK and the Influence of Foreign Jurisprudence written by Hélène Tyrrell and published by Bloomsbury Publishing. This book was released on 2018-09-20 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Longlisted for the 2022 Inner Temple Main Book Prize Human Rights in the UK and the Influence of Foreign Jurisprudence represents the first major empirical study of the use of foreign jurisprudence at the UK Supreme Court. This book focuses on the patterns of use and non use of rulings from foreign domestic courts in human rights cases before the UK Supreme Court. Results are drawn from quantitative and qualitative research, presenting data from the first eight years of Supreme Court activity. The evidence includes interviews with active and former members of the senior judiciary, as well as a focus group including some of the Supreme Court Judicial Assistants. It is argued that foreign jurisprudence is more intimately woven into the fabric of judicial reasoning, and serves a wider range of functions, than the term 'persuasive authority' might imply. Foreign jurisprudence is used mainly as a heuristic device, providing judges with a fresh analytical lens. Foreign jurisprudence is also important when interpreting a common legislative scheme, supporting dialogue between the Supreme Court and supranational courts such as the European Court of Human Rights. The perspectives offered by foreign jurisprudence can also support a stronger conception of domestic human rights. In these ways, this book addresses a broader political question about the source of human rights in the UK.
Author : Jordi Ferrer Beltrán
Publisher : Springer Science & Business Media
ISBN 13 : 9400760671
Total Pages : 283 pages
Book Rating : 4.77/5 ( download)
Download or read book Neutrality and Theory of Law written by Jordi Ferrer Beltrán and published by Springer Science & Business Media. This book was released on 2013-04-03 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together twelve of the most important legal philosophers in the Anglo-American and Civil Law traditions. The book is a collection of the papers these philosophers presented at the Conference on Neutrality and Theory of Law, held at the University of Girona, in May 2010. The central question that the conference and this collection seek to answer is: Can a theory of law be neutral? The book covers most of the main jurisprudential debates. It presents an overall discussion of the connection between law and morals, and the possibility of determining the content of law without appealing to any normative argument. It examines the type of project currently being held by jurisprudential scholarship. It studies the different approaches to theorizing about the nature or concept of law, the role of conceptual analysis and the essential features of law. Moreover, it sheds some light on what can be learned from studying the non-essential features of law. Finally, it analyzes the nature of legal statements and their truth values. This book takes the reader a step further to understanding law.
Author : James F. Ross
Publisher : Cambridge University Press
ISBN 13 : 9780521238052
Total Pages : 266 pages
Book Rating : 4.56/5 ( download)
Download or read book Portraying Analogy written by James F. Ross and published by Cambridge University Press. This book was released on 1981 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: James Ross offers a comprehensive theory of analogy.
Author : Paul Cliteur
Publisher : Routledge
ISBN 13 : 0429655487
Total Pages : 212 pages
Book Rating : 4.87/5 ( download)
Download or read book A New Introduction to Jurisprudence written by Paul Cliteur and published by Routledge. This book was released on 2019-03-28 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: A New Introduction to Jurisprudence takes one of the central problems of law and jurisprudence as its point of departure: what is the law? Adopting an intermediate position between legal positivism and natural law, this book reflects on the concept of ‘liberal democracy’ or ‘constitutional democracy’. In five chapters the book analyses: (i) the idea of higher law, (ii) liberal democracy as a legitimate model for the state, (iii) the separation of church and state or secularism as essential for the democratic state, (iv) the universality of higher law principles, (v) the history of modern political thought. This interdisciplinary approach to jurisprudence is relevant for legal scholars, philosophers, political theorists, public intellectuals, historians, and politicians.
