Rethinking Historical Jurisprudence

Author : Samuel, Geoffrey
Publisher : Edward Elgar Publishing
ISBN 13 : 1802200746
Total Pages : 407 pages
Book Rating : 4.44/5 ( download)

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Download or read book Rethinking Historical Jurisprudence written by Samuel, Geoffrey and published by Edward Elgar Publishing. This book was released on 2022-10-18 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: This stimulating book considers the ways in which historical jurisprudence deserves to be rethought, arguing that there is much more to the history of legal thought than the ideas, and ideology, of the nineteenth and early twentieth century jurists, such as Karl von Savigny and Sir Henry Maine.

Author : Eleanor Curran
Publisher : Rowman & Littlefield
ISBN 13 : 1498547885
Total Pages : 181 pages
Book Rating : 4.88/5 ( download)

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Download or read book Rethinking Rights written by Eleanor Curran and published by Rowman & Littlefield. This book was released on 2022-04-04 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: Re-thinking Rights: Historical Development and Philosophical Justificationtakes a new look at the history of individual rights, focussing on the way that philosophers have written that history. The scholastics and early modern writers used the notion of natural rights to debate the big moral and political questions of the day, such as the treatment of Indigenous Americans under Spanish rule. John Locke put natural rights at the centre of liberal political thought. But as the idea grew in strength and influence, empiricist and positivist philosophers punctured it with attacks of logical incompetence and illegitimate appeals to theology and metaphysics. Philosophers then turned to law and jurisprudence for the philosophical analysis of rights, where it has largely stayed ever since. Eleanor Curran argues that the dominance of the Hohfeldian analysis of (legal) rights has restricted our understanding of moral and political rights and led to distorted readings of historical writers on rights. It has also led to the separation of right from the important related notion of liberty—freedoms are now seen as inferior to claims. Curran looks at recent philosophy of human rights and suggests a way forward for justifying universal moral and political rights and separating them from legal rights.

Author : Geoffrey Samuel
Publisher : Edward Elgar Publishing
ISBN 13 : 9781784712600
Total Pages : 336 pages
Book Rating : 4.04/5 ( download)

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Download or read book Rethinking Legal Reasoning written by Geoffrey Samuel and published by Edward Elgar Publishing. This book was released on 2018-08-31 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Rethinking' legal reasoning seems a bold aim given the large amount of literature devoted to this topic. In this thought-provoking book, Geoffrey Samuel proposes a different way of approaching legal reasoning by examining the topic through the context of legal knowledge (epistemology). What is it to have knowledge of legal reasoning? At a more specific level the pursuit of this understanding is conducted through posing a number of questions that are founded on different approaches. What has legal reasoning been? What are the institutional and conceptual legacies of this history? What is the literature and textual heritage? How does it compare with medical reasoning and with reasoning in the humanities? Can it be demystified? In exploring these questions Samuel suggests a number of frameworks that offer some new insights into the nature of legal reasoning. The author also puts forward two key ideas. First, that the legal notion of an 'interest' might perhaps be a very suitable artefact for rethinking legal reasoning; and, secondly, that fiction theory might be the most viable 'epistemological attitude' for understanding, if not rethinking, reasoning in law. This book will be of great interest to academics who are researching legal method and legal reasoning, as well as epistemology of the social sciences and aspects of comparative law. It will also be an insightful text for those interested in legal history and historical perspectives on legal reasoning.

Author : Sir Paul Vinogradoff
Publisher :
ISBN 13 : 9780243644896
Total Pages : pages
Book Rating : 4.92/5 ( download)

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Download or read book Outlines of Historical Jurisprudence written by Sir Paul Vinogradoff and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Pamela Brandwein
Publisher : Cambridge University Press
ISBN 13 : 1139496964
Total Pages : 283 pages
Book Rating : 4.64/5 ( download)

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Download or read book Rethinking the Judicial Settlement of Reconstruction written by Pamela Brandwein and published by Cambridge University Press. This book was released on 2011-02-21 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: American constitutional lawyers and legal historians routinely assert that the Supreme Court's state action doctrine halted Reconstruction in its tracks. But it didn't. Rethinking the Judicial Settlement of Reconstruction demolishes the conventional wisdom - and puts a constructive alternative in its place. Pamela Brandwein unveils a lost jurisprudence of rights that provided expansive possibilities for protecting blacks' physical safety and electoral participation, even as it left public accommodation rights undefended. She shows that the Supreme Court supported a Republican coalition and left open ample room for executive and legislative action. Blacks were abandoned, but by the president and Congress, not the Court. Brandwein unites close legal reading of judicial opinions (some hitherto unknown), sustained historical work, the study of political institutions, and the sociology of knowledge. This book explodes tired old debates and will provoke new ones.

Author : Chris Reed
Publisher : Edward Elgar Publishing
ISBN 13 : 1785364294
Total Pages : 256 pages
Book Rating : 4.97/5 ( download)

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Download or read book Rethinking the Jurisprudence of Cyberspace written by Chris Reed and published by Edward Elgar Publishing. This book was released on 2018 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cyberspace is a difficult area for lawyers and lawmakers. With no physical constraining borders, the question of who is the legitimate lawmaker for cyberspace is complex. Rethinking the Jurisprudence of Cyberspace examines how laws can gain legitimacy in cyberspace and identifies the limits of the law’s authority in this space.

Author : James Reist Stoner
Publisher :
ISBN 13 :
Total Pages : 230 pages
Book Rating : 4.42/5 ( download)

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Download or read book Common-law Liberty written by James Reist Stoner and published by . This book was released on 2003 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an ere as morally confused as ours, Stoner argues, we at least ought to know what we've abandoned or suppressed in the name of judicial activism and the modern rights-oriented Constitution. Having lost our way, perhaps the common law, in its original sense, provides a way back, a viable alternative to the debilitating relativism of our current age.

Author : Richard A. Cosgrove
Publisher : NYU Press
ISBN 13 : 0814715338
Total Pages : 272 pages
Book Rating : 4.38/5 ( download)

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Download or read book Scholars of the Law written by Richard A. Cosgrove and published by NYU Press. This book was released on 1996-04 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cosgrove (history, U. of Arizona) traces the gradual divorce of legal theory from legal history since the 18th century, and argues that in the 20th century it has become more narrow and elitist the more theorists strive to make it relevant to legal practice. The solution, he says, is for jurisprudence to return to its interdisciplinary roots and draw from the insights of economics, politics, and sociology. Annotation copyright by Book News, Inc., Portland, OR

Author : Horatia Muir Watt
Publisher : Bloomsbury Publishing
ISBN 13 : 150994012X
Total Pages : 367 pages
Book Rating : 4.27/5 ( download)

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Download or read book The Law's Ultimate Frontier: Towards an Ecological Jurisprudence written by Horatia Muir Watt and published by Bloomsbury Publishing. This book was released on 2023-05-18 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important book offers an ambitious and interdisciplinary vision of how private international law (or the conflict of laws) might serve as a heuristic for re-working our general understandings of legality in directions that respond to ever-deepening global ecological crises. Unusual in legal scholarship, the author borrows (in bricolage mode) from the work of Bruno Latour, alongside indigenous cosmologies, extinction theories and Levinassian phenomenology, to demonstrate why this field's specific frontier location at the outpost of the law – where it is viewed from the outside as obscure and from the inside as a self-contained normative world – generates its potential power to transform law generally and globally. Combining pragmatic and pluralist theory with an excavation of 'shadow' ecological dimensions of law, the author, a recognised authority within the field as conventionally understood, offers a truly global view. Put simply, it is a generational magnum opus. All international and transnational lawyers, be they in the private or public field, should read this book.

Author : Stephen B. Presser
Publisher : West Academic Publishing
ISBN 13 : 9780314153135
Total Pages : 0 pages
Book Rating : 4.36/5 ( download)

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Download or read book Law and Jurisprudence in American History written by Stephen B. Presser and published by West Academic Publishing. This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A classic book that helped create the modern field, this was the first casebook devoted exclusively to American Legal and Constitutional History, giving students an understanding of American legal and constitutional history and also a broader and better understanding of American history generally. Over the years new editions have included more materials on the legal history of race, criminal law, and the family, as well as up-to-date bibliographical information on the newly-burgeoning field of American Legal History. This edition features expanded historical introductions to many chapters and topics.