A Legal Theory Without Law


A Legal Theory Without Law
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A Legal Theory Without Law


A Legal Theory Without Law
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Author : Ernst-Joachim Mestmäcker
language : en
Publisher: Mohr Siebeck
Release Date : 2007

A Legal Theory Without Law written by Ernst-Joachim Mestmäcker and has been published by Mohr Siebeck this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.


Ernst-Joachim Mestmacker reviews Richard Posner's and Friedrich A.von Hayek's legal theories. Both are famous for their contributions to law and economics. They are, however, adversaries in their concepts of law and how it is to be informed by economics. Posner finds the only scientific legal theory in the external (economic) analysis of law. With Friedrich von Hayek the role of rules of conduct and legislation is to be determined by the principles that govern a free and competitive order. There are, contrary to Posner, important contributions from legal scholarship, legal history and comparative law.



Hegel And Legal Theory


Hegel And Legal Theory
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Author : Drucilla Cornell
language : en
Publisher: Routledge
Release Date : 2014-02-25

Hegel And Legal Theory written by Drucilla Cornell and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-02-25 with Philosophy categories.


The first collection of essays directed towards jurisprudence with a Hegelian theme. The editors are committed to the idea that Hegel is the future source of great energy and insight within the legal academy.



Legal Theory


Legal Theory
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Author : Wolfgang Friedmann
language : en
Publisher:
Release Date : 1967

Legal Theory written by Wolfgang Friedmann and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1967 with Law categories.




Legal Theory And The Legal Academy


Legal Theory And The Legal Academy
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Author : MaksymilianDel Mar
language : en
Publisher: Routledge
Release Date : 2017-07-05

Legal Theory And The Legal Academy written by MaksymilianDel Mar and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-05 with History categories.


The third in a series of three volumes on Contemporary Legal Theory, this volume deals with four topics: 1) the role of legal theory in the legal curriculum; 2) the teaching of legal theory; 3) the relationship of legal theory to legal scholarship; and 4) the relationship of legal theory to comparative law. The focus of the first two topics is on the common law world, where the debates over the aims and proper place of legal theory in the study of law have traversed a good deal of ground since John Austin's 1828 lecture, 'The Uses and the Study of Jurisprudence.' These first two parts offer a selection of the most important papers, including surveys, as well as pedagogical viewpoints and particular course descriptions from analytical, critical, feminist, law-and-literature and global perspectives. The last three decades have seen just as many changes for legal scholarship and comparative law. These changes (such as the rise of empirical legal scholarship) have often attracted the attention of legal theorists. Within comparative law, the last thirty years have witnessed intense methodological reflection within the discipline; the results of these reflections are themselves properly recognised as legal theoretical contributions. The volume collects the key papers, including those by Neil MacCormick, Mark Van Hoecke, Andrew Halpin, William Ewald and Geoffrey Samuel.



Ubiquitous Law


Ubiquitous Law
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Author : Emmanuel Melissaris
language : en
Publisher: Routledge
Release Date : 2016-02-17

Ubiquitous Law written by Emmanuel Melissaris and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-02-17 with Law categories.


Ubiquitous Law explores the possibility of understanding the law in dissociation from the State while, at the same time, establishing the conditions of meaningful communication between various legalities. This book argues that the enquiry into the legal has been biased by the implicit or explicit presupposition of the State's exclusivity to a claim to legality as well as the tendency to make the enquiry into the law the task of experts, who purport to be able to represent the legal community's commitments in an authoritative manner. Very worryingly, the experts' point of view then becomes constitutive of the law and parasitic to and distortive of people's commitments. Ubiquitous Law counter-suggests a new methodology for legal theory, which will not be based on rigid epistemological and normative assumptions but rather on self-reflection and mutual understanding and critique, so as to establish acceptable differences on the basis of a commonality.



The Problematics Of Moral And Legal Theory


The Problematics Of Moral And Legal Theory
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Author : Richard A. Posner
language : en
Publisher: Harvard University Press
Release Date : 2009-06-01

The Problematics Of Moral And Legal Theory written by Richard A. Posner and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-06-01 with Law categories.


Ambitious legal thinkers have become mesmerized by moral philosophy, believing that great figures in the philosophical tradition hold the keys to understanding and improving law and justice and even to resolving the most contentious issues of constitutional law. They are wrong, contends Richard Posner in this book. Posner characterizes the current preoccupation with moral and constitutional theory as the latest form of legal mystification--an evasion of the real need of American law, which is for a greater understanding of the social, economic, and political facts out of which great legal controversies arise. In pursuit of that understanding, Posner advocates a rebuilding of the law on the pragmatic basis of open-minded and systematic empirical inquiry and the rejection of cant and nostalgia--the true professionalism foreseen by Oliver Wendell Holmes a century ago. A bracing book that pulls no punches and leaves no pieties unpunctured or sacred cows unkicked, The Problematics of Moral and Legal Theory offers a sweeping tour of the current scene in legal studies--and a hopeful prospect for its future.



Introduction To Legal Theory


Introduction To Legal Theory
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Author : John D. Finch
language : en
Publisher:
Release Date : 1970

Introduction To Legal Theory written by John D. Finch and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1970 with Law categories.




Law Institution And Legal Politics


Law Institution And Legal Politics
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Author : Ota Weinberger
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-12-06

Law Institution And Legal Politics written by Ota Weinberger and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-06 with Philosophy categories.


It gives me great pleasure to offer this foreword to the present work of my admired friend and respected colleague Ota Weinberger. Apart from the essays of his which were published in our joint work An Institutional Theory of Law: New Approaches to Legal Positivism in 1986, relatively little of Wein berger's work is available in English. This is the more to be regretted, since his is work of particular interest to jurists of the English-speaking world both in view of its origins and in respect of its content As to its origins, Weinberger war reared as a student of the Pure Theory of Law, a theory which in its Kelsenian form has aroused very great interest and has had considerable influence among anglophoone scholars -perhaps even more than in the Germanic countries. Less well known is the fact that the Pure Theory itself divided into two schools, that of Vienna and that of Brno. It was in the Brno school of Frantisek Weyr that Weinberger's legal theory found its early formation, and perhaps from that early influence one can trace his continuing insistence on the dual character of legal norms -both as genuinely normative and yet at the same time having real social existence.



Frontiers Of Legal Theory


Frontiers Of Legal Theory
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Author : Richard A. Posner
language : en
Publisher: Harvard University Press
Release Date : 2004-03

Frontiers Of Legal Theory written by Richard A. Posner and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-03 with Law categories.


The most exciting development in legal thinking since World War II has been the growth of interdisciplinary legal studies. Judge Richard Posner has been a leader in this movement, and his new book explores its rapidly expanding frontier.



Law Culture And Society


Law Culture And Society
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Author : Roger Cotterrell
language : en
Publisher: Routledge
Release Date : 2017-10-03

Law Culture And Society written by Roger Cotterrell and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-03 with Law categories.


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.