Modern Legal Scholarship

Author : Christine Nero Coughlin
Publisher :
ISBN 13 : 9781531010287
Total Pages : pages
Book Rating : 4.88/5 ( download)

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Download or read book Modern Legal Scholarship written by Christine Nero Coughlin and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "The purpose of this book is to get you started and guide you through the full scholarly writing process, from drafting to publishing. This book breaks down that process into understandable and manageable tasks to help you get started and complete the project. Individuals learn best when they understand the context and purpose of a project. To provide as much context as possible for the tasks ahead, and so that you understand both how and why to complete each task, this book walks you through the process of producing a range of quality scholarship both efficiently and effectively"--

Author : Christine Nero Coughlin
Publisher : Carolina Academic Press LLC
ISBN 13 : 9781531010270
Total Pages : 268 pages
Book Rating : 4.7X/5 ( download)

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Download or read book Modern Legal Scholarship written by Christine Nero Coughlin and published by Carolina Academic Press LLC. This book was released on 2020 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The purpose of this book is to get you started and guide you through the full scholarly writing process, from drafting to publishing. This book breaks down that process into understandable and manageable tasks to help you get started and complete the project. Individuals learn best when they understand the context and purpose of a project. To provide as much context as possible for the tasks ahead, and so that you understand both how and why to complete each task, this book walks you through the process of producing a range of quality scholarship both efficiently and effectively"--

Author : Lorenzo Maniscalco
Publisher : BRILL
ISBN 13 : 9004404813
Total Pages : 253 pages
Book Rating : 4.16/5 ( download)

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Download or read book Equity in Early Modern Legal Scholarship written by Lorenzo Maniscalco and published by BRILL. This book was released on 2020-07-20 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: Equity in Early Modern Legal Scholarship offers a comprehensive account of the development of equity by legal writers in the early modern period, unearthing a time of lively debate about its nature and function.

Author : Fábio P. Shecaira
Publisher : Springer Science & Business Media
ISBN 13 : 331900428X
Total Pages : 90 pages
Book Rating : 4.80/5 ( download)

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Download or read book Legal Scholarship as a Source of Law written by Fábio P. Shecaira and published by Springer Science & Business Media. This book was released on 2013-07-09 with total page 90 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about the use of legal scholarship by judges. It discusses the possibility that legal scholarship may function as a genuine source of law in modern municipal legal systems. The book advances a number of claims, some conceptual, some empirical, some normative. The major conceptual claims are found in Chapters 2 and 3, where a general account of the notion of a source of law is provided. Roughly, sources of law are documents or practices (e.g. statutes, judicial decisions, official customs) from which norms can be derived that function as sources of content-independent reasons for judges to decide legal cases one way or another. The relevant notion of content-independence is derived (with qualifications) from H.L.A. Hart’s jurisprudence. Indeed, the book’s analysis of the concept of a source of law relies at various points on Hartian insights about law and legal reasoning. Chapter 4 argues that legal scholarship – or, more precisely, a particular type of legal scholarship that might be described as standard or doctrinal – can be, and indeed is, used as a source of law in modern legal systems. The conclusion that legal scholarship is used as a source of law (and thus as a source of content-independent reasons for action) may come as a surprise to those who associate judicial recourse to legal scholarship with judicial activism. This association is discussed and criticized in Chapters 5 and 6. It is argued that, in spite of a relatively common opinion to the contrary, legal scholarship can be used to mitigate discretion. In fact, it is precisely because it can be used in this way that judges sometimes refer to scholarship deceptively and suggest that it limits discretion in situations in which it really does not. The concluding chapter addresses potential objections not explicitly discussed in earlier chapters.​

Author : Rob van Gestel
Publisher : Cambridge University Press
ISBN 13 : 1316760502
Total Pages : 867 pages
Book Rating : 4.05/5 ( download)

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Download or read book Rethinking Legal Scholarship written by Rob van Gestel and published by Cambridge University Press. This book was released on 2017-02-02 with total page 867 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although American scholars sometimes consider European legal scholarship as old-fashioned and inward-looking and Europeans often perceive American legal scholarship as amateur social science, both traditions share a joint challenge. If legal scholarship becomes too much separated from practice, legal scholars will ultimately make themselves superfluous. If legal scholars, on the other hand, cannot explain to other disciplines what is academic about their research, which methodologies are typical, and what separates proper research from mediocre or poor research, they will probably end up in a similar situation. Therefore we need a debate on what unites legal academics on both sides of the Atlantic. Should legal scholarship aspire to the status of a science and gradually adopt more and more of the methods, (quality) standards, and practices of other (social) sciences? What sort of methods do we need to study law in its social context and how should legal scholarship deal with the challenges posed by globalization?

Author : Paul W. Kahn
Publisher : University of Chicago Press
ISBN 13 : 9780226422558
Total Pages : 184 pages
Book Rating : 4.50/5 ( download)

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Download or read book The Cultural Study of Law written by Paul W. Kahn and published by University of Chicago Press. This book was released on 1999 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on philosophers from Plato to Foucault and cultural anthropologists and historians such as Clifford Geertz and Perry Miller, Kahn outlines the conceptual tools necessary for such an inquiry. He analyzes the concepts of time, space, citizen, judge, sovereignty, and theory within the culture of law's rule and goes on to consider the methodological problems entailed in stripping the study of law of its reformist ambitions.

Author : Bódig, Mátyás
Publisher : Edward Elgar Publishing
ISBN 13 : 178811406X
Total Pages : 288 pages
Book Rating : 4.66/5 ( download)

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Download or read book Legal Doctrinal Scholarship written by Bódig, Mátyás and published by Edward Elgar Publishing. This book was released on 2021-07-31 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : G. W. Bowersock
Publisher : Univ of California Press
ISBN 13 : 0520914783
Total Pages : 363 pages
Book Rating : 4.80/5 ( download)

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Download or read book A. D. Momigliano written by G. W. Bowersock and published by Univ of California Press. This book was released on 2023-04-28 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using pagan prose fiction produced in Greek and Latin during the early Christian era, Bowersock investigates the complex relationship among perceived and presented "historical" and "fictional" truths. Bowersock's superb lecturing style is successfully transferred into writing with force and eloquence, as he weaves accounts from a wide range of sources into his text, illuminating social attitudes of the period and persuasively arguing that fiction of the period was influenced by the emerging Christian Gospel narratives. In the second half of the first century emerges a new kind of fiction including outlandish tales of travel, romance and comic novels. Bowersock concentrates on secular literature, illuminating not only its literary motifs, but also reconstructing the societal context as one engrossed in fabrications and all kinds of revisions or rewriting. Using these less familiar materials as his points of reference, he reads into familiar Christian material, making linkages and casting new light on familiar subjects, as well as providing some provocative interpretations of familiar Christian texts. Bowersock uses close historical and literary analyses of specific passages of works, and pays attention to larger and more general issues and questions around the relationship between fiction and history and how we read them. This book will be of basic intellectual concern to all raised in the environment of Christian belief.

Author :
Publisher : BRILL
ISBN 13 : 9004363149
Total Pages : 417 pages
Book Rating : 4.44/5 ( download)

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Download or read book Understanding the Sources of Early Modern and Modern Commercial Law written by and published by BRILL. This book was released on 2018-03-15 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributions of Understanding the Sources of Early Modern and Modern Commercial Law show an excellent assemblage of sources which historians of commercial law use. Besides normative sources, others are often needed to complement them.

Author : Kent Greenawalt
Publisher : Oxford University Press
ISBN 13 : 0195356926
Total Pages : 301 pages
Book Rating : 4.22/5 ( download)

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Download or read book Law and Objectivity written by Kent Greenawalt and published by Oxford University Press. This book was released on 1995-06-29 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: In modern times the idea of the objectivity of law has been undermined by skepticism about legal institutions, disbelief in ideals of unbiased evaluation, and a conviction that language is indeterminate. Greenawalt here considers the validity of such skepticism, examining such questions as: whether the law as it exists provides determinate answers to legal problems; whether the law should treat people in an "objective way," according to abstract rules, general categories, and external consequences; and how far the law is anchored in something external to itself, such as social morality, political justice, or economic efficiency. In the process he illuminates the development of jurisprudence in the English-speaking world over the last fifty years, assessing the contributions of many important movements.