Legal Theory And Interpretation In A Dynamic Society

Author : Alexander Bruns
Publisher : Nomos Verlag
ISBN 13 : 3748925840
Total Pages : 433 pages
Book Rating : 4.42/5 ( download)

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Download or read book Legal Theory and Interpretation in a Dynamic Society written by Alexander Bruns and published by Nomos Verlag. This book was released on 2021-07-02 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: Der Band versammelt Beiträge, die anlässlich des 7. Seoul-Freiburger Rechtswissenschaftlichen Symposiums im September 2019 in Seoul gehalten wurden. Die Zusammenarbeit und der akademische Austausch zwischen den juristischen Fakultäten der Seoul National University (SNU) und der Albert-Ludwigs-Universität Freiburg hat eine alte und wertvolle Tradition der engen Beziehungen zwischen dem koreanischen und dem deutschen Recht lebendig gehalten. Das 7. Symposium war dem Thema "Rechtstheorie und -auslegung in einer dynamischen Gesellschaft" gewidmet und deckte ein breites Spektrum an Themen ab, die in sechs Sektionen unterteilt waren: I. Rechtstheorie und -auslegung, II. Unternehmensrecht, III. Internationales Privatrecht und Zivilprozessrecht, IV. Recht der künstlichen Intelligenz, Eigentumsrecht und Strafrecht. V. Vertragsrecht, und VI. das Verhältnis von supranationalem und innerstaatlichem Verfassungsrecht. Die meisten der auf dem Symposium gehaltenen Vorträge sind in diesem Band versammelt.

Author : Roger Cotterrell
Publisher : Oxford University Press
ISBN 13 : 9780198264903
Total Pages : 404 pages
Book Rating : 4.09/5 ( download)

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Download or read book Law's Community written by Roger Cotterrell and published by Oxford University Press. This book was released on 1995 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: These essays seek to re-locate the relationship between the traditional concerns of legal theory and the sociology of law by establishing a consistent theoretical approach to the analysis of law in contemporary Western societies.

Author : Roger Cotterrell
Publisher : Routledge
ISBN 13 : 1351217968
Total Pages : 317 pages
Book Rating : 4.65/5 ( download)

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Download or read book Law, Culture and Society written by Roger Cotterrell and published by Routledge. This book was released on 2017-10-03 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a distinctive approach to the study of law in society, focusing on the sociological interpretation of legal ideas. It surveys the development of connections between legal studies and social theory and locates its approach in relation to sociolegal studies on the one hand and legal philosophy on the other. It is suggested that the concept of law must be re-considered. Law has to be seen today not just as the law of the nation state, or international law that links nation states, but also as transnational law in many forms. A legal pluralist approach is not just a matter of redefining law in legal theory; it also recognizes that law's authority comes from a plurality of diverse, sometimes conflicting, social sources. The book suggests that the social environment in which law operates must also be rethought, with many implications for comparative legal studies. The nature and boundaries of culture become important problems, while the concept of multiculturalism points to the cultural diversity of populations and to problems of fragmentation, or perhaps to new kinds of unity of the social. Theories of globalization raise a host of issues about the integrity of societies and about the need to understand social networks and forces that extend beyond the political societies of nation states. Through a range of specific studies, closely interrelated and building on each other, the book seeks to integrate the sociology of law with other kinds of legal analysis and engages directly with current juristic debates in legal theory and comparative law.

Author : William N. Eskridge
Publisher :
ISBN 13 :
Total Pages : 456 pages
Book Rating : 4.81/5 ( download)

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Download or read book Dynamic Statutory Interpretation written by William N. Eskridge and published by . This book was released on 1994 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contrary to traditional theories of statutory interpretation, which ground statutes in the original legislative text or intent, legal scholar William Eskridge argues that statutory interpretation changes in response to new political alignments, new interpreters, and new ideologies. It does so, first of all, because it involves richer authoritative texts than does either common law or constitutional interpretation: statutes are often complex and have a detailed legislative history. Second, Congress can, and often does, rewrite statutes when it disagrees with their interpretations; and agencies and courts attend to current as well as historical congressional preferences when they interpret statutes. Third, since statutory interpretation is as much agency-centered as judgecentered and since agency executives see their creativity as more legitimate than judges see theirs, statutory interpretation in the modern regulatory state is particularly dynamic. Eskridge also considers how different normative theories of jurisprudence--liberal, legal process, and antiliberal--inform debates about statutory interpretation. He explores what theory of statutory interpretation--if any--is required by the rule of law or by democratic theory. Finally, he provides an analytical and jurisprudential history of important debates on statutory interpretation.

Author : Roger B. M. Cotterrell
Publisher : Oxford University Press, USA
ISBN 13 :
Total Pages : 408 pages
Book Rating : 4.83/5 ( download)

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Download or read book Law's Community written by Roger B. M. Cotterrell and published by Oxford University Press, USA. This book was released on 1995 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: These essays seek to re-locate the relationship between the traditional concerns of legal theory and the sociology of law by establishing a consistent theoretical approach to the analysis of law in contemporary Western societies.

Author : MaksymilianDel Mar
Publisher : Routledge
ISBN 13 : 1351560468
Total Pages : 594 pages
Book Rating : 4.67/5 ( download)

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Download or read book Legal Theory and the Social Sciences written by MaksymilianDel Mar and published by Routledge. This book was released on 2017-07-05 with total page 594 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ever since H.L.A. Hart's self-description of The Concept of Law as an 'exercise in descriptive sociology', contemporary legal theorists have been debating the relationship between legal theory and sociology, and between legal theory and social science more generally. There have been some who have insisted on a clear divide between legal theory and the social sciences, citing fundamental methodological differences. Others have attempted to bridge gaps, revealing common challenges and similar objects of inquiry. Collecting the work of authors such as Martin Krygier, David Nelken, Brian Tamanaha, Lewis Kornhauser, Gunther Teubner and Nicola Lacey, this volume - the second in a three volume series - provides an overview of the major developments in the last thirty years. The volume is divided into three sections, each discussing an aspect of the relationship of legal theory and the social sciences: 1) methodological disputes and collaboration; 2) common problems, especially as they concern different modes of explanation of social behaviour; and 3) common objects, including, most prominently, the study of language in its social context and normative pluralism.

Author : Andrei Marmor
Publisher :
ISBN 13 :
Total Pages : 193 pages
Book Rating : 4.83/5 ( download)

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Download or read book Interpretation and Legal Theory written by Andrei Marmor and published by . This book was released on 1994 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Ian Ward
Publisher : Psychology Press
ISBN 13 : 1859419283
Total Pages : 218 pages
Book Rating : 4.81/5 ( download)

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Download or read book Introduction to Critical Legal Theory written by Ian Ward and published by Psychology Press. This book was released on 2004 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: The publishers have provided no further information on this title.

Author : Clara Rigoni
Publisher : Taylor & Francis
ISBN 13 : 1000631656
Total Pages : 216 pages
Book Rating : 4.54/5 ( download)

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Download or read book Honour-Based Violence and Forced Marriages written by Clara Rigoni and published by Taylor & Francis. This book was released on 2022-08-12 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the last 20 years, the related phenomena of honour-based violence and forced marriages have received increasing attention at the international and European level. Punitive responses towards this type of violence have been adopted, including ad hoc criminalisation and legislation containing direct references to the concepts of honour, culture, and tradition. However, criminal law-based responses present several shortcomings and have often disregarded the specific needs that victims of such crimes might encounter. This book examines the possibility of using alternative programmes to address cases of honour-based violence and forced marriages. After reviewing previous existing literature, it presents new empirical data. Introducing a case study from the United Kingdom, the book recalls the debate on Sharia Councils and the Muslim Arbitration Tribunal, but examines instead other community-based secular programmes. By comparison, a study from Norway on the work of the National Mediation Agency and the so-called Cross-Cultural Transformative Mediation model is investigated as part of a larger multi-agency approach. Ultimately, in an attempt to reconcile pluralism and the rule of law, the book proposes effective ways to tackle honour crimes based on cooperation and individualisation of the proceedings, and capable of improving women’s access to justice and reducing secondary victimisation. The book will be essential reading for researchers and academics in Law, Criminology, Sociology, and Anthropology and for policy-makers and practitioners working with honour-based violence cases.

Author : Naomi Creutzfeldt
Publisher : Routledge
ISBN 13 : 0429489749
Total Pages : 566 pages
Book Rating : 4.47/5 ( download)

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Download or read book Routledge Handbook of Socio-Legal Theory and Methods written by Naomi Creutzfeldt and published by Routledge. This book was released on 2019-08-13 with total page 566 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on a range of approaches from the social sciences and humanities, this handbook explores theoretical and empirical perspectives that address the articulation of law in society, and the social character of the rule of law. The vast field of socio-legal studies provides multiple lenses through which law can be considered. Rather than seeking to define the field of socio-legal studies, this book takes up the experiences of researchers within the field. First-hand accounts of socio-legal research projects allow the reader to engage with diverse theoretical and methodological approaches within this fluid interdisciplinary area. The book provides a rich resource for those interested in deepening their understanding of the variety of theories and methods available when law is studied in its broadest social context, as well as setting those within the history of the socio-legal movement. The chapters consider multiple disciplinary lenses – including feminism, anthropology and sociology – as well as a variety of methodologies, including: narrative, visual and spatial, psychological, economic and epidemiological approaches. Moreover, these are applied in a range of substantive contexts such as online hate speech, environmental law, biotechnology, research in post-conflict situations, race and LGBT+ lawyers. The handbook brings together younger contributors and some of the best-known names in the socio-legal field. It offers a fresh perspective on the past, present and future of sociolegal studies that will appeal to students and scholars with relevant interests in a range of subjects, including law, sociology and politics. Chapter 7 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.