Formalism And Pragmatism In American Law
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Formalism And Pragmatism In American Law
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Author : Thomas C. Grey
language : en
Publisher: BRILL
Release Date : 2014-09-03
Formalism And Pragmatism In American Law written by Thomas C. Grey and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-09-03 with Law categories.
In Formalism and Pragmatism in American Law Thomas Grey analyzes how these two influential modes of legal thought have influenced law in the United States since the late 19th Century.
Instrumentalism And American Legal Theory
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Author : Robert S. Summers
language : en
Publisher:
Release Date : 1982
Instrumentalism And American Legal Theory written by Robert S. Summers and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1982 with Law categories.
Law Pragmatism And Democracy
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Author : Richard A. Posner
language : en
Publisher: Harvard University Press
Release Date : 2009-07-01
Law Pragmatism And Democracy 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 2009-07-01 with Law categories.
A liberal state is a representative democracy constrained by the rule of law. Richard Posner argues for a conception of the liberal state based on pragmatic theories of government. He views the actions of elected officials as guided by interests rather than by reason and the decisions of judges by discretion rather than by rules. He emphasizes the institutional and material, rather than moral and deliberative, factors in democratic decision making. Posner argues that democracy is best viewed as a competition for power by means of regular elections. Citizens should not be expected to play a significant role in making complex public policy regarding, say, taxes or missile defense. The great advantage of democracy is not that it is the rule of the wise or the good but that it enables stability and orderly succession in government and limits the tendency of rulers to enrich or empower themselves to the disadvantage of the public. Posner’s theory steers between political theorists’ concept of deliberative democracy on the left and economists’ public-choice theory on the right. It makes a significant contribution to the theory of democracy—and to the theory of law as well, by showing that the principles that inform Schumpeterian democratic theory also inform the theory and practice of adjudication. The book argues for law and democracy as twin halves of a pragmatic theory of American government.
The Problems Of Jurisprudence
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Author : Richard A. Posner
language : en
Publisher: Harvard University Press
Release Date : 1993-03-15
The Problems Of Jurisprudence 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 1993-03-15 with Law categories.
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.
Legal Positivism In American Jurisprudence
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Author : Anthony J. Sebok
language : en
Publisher: Cambridge University Press
Release Date : 1998-10-28
Legal Positivism In American Jurisprudence written by Anthony J. Sebok and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998-10-28 with Law categories.
This work represents a serious and philosophically sophisticated guide to modern American legal theory, demonstrating that legal positivism has been a misunderstood and underappreciated perspective through most of twentieth-century American legal thought.
Anglo American Philosophy Of Law
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Author : Beryl Harold Levy
language : en
Publisher: Transaction Publishers
Release Date :
Anglo American Philosophy Of Law written by Beryl Harold Levy and has been published by Transaction Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on with Law categories.
An account of successive legal theories in England and America against a background of the varieties of natural law in the ancient, medieval and modern worlds. The outcome in Legal Realism provides insight into contemporary issues in law and the judicial process and their relation to moral philosophy. As Levy shows, legal theory has always been inspired by forces outside the law in philosophy and politics. In England the philosophy of Utilitarianism as expounded by Bentham and Austin brought legal positivism into prominence as an alternative to natural law. In the United States the philosophy of pragmatism spearheaded by James and Dewey and shared by Justice Holmes gave the functional turn resulting in the movement of Legal Realism. After sketching the background of varieties of natural law in the ancient, medieval, and modern worlds, Levy presents leading figures and trends in England and the United States. The book is written so as to be intelligible to lawyers, philosophers, and students of cultural history and social science.
The Hague Judgments Convention And Commonwealth Model Law
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Author : Abubakri Yekini
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-08-12
The Hague Judgments Convention And Commonwealth Model Law written by Abubakri Yekini and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-12 with Law categories.
This book undertakes a systematic analysis of the 2019 Hague Judgments Convention, the 2005 Hague Choice of Court Convention 2005, and the 2017 Commonwealth Model Law on recognition and Enforcement of Foreign Judgments from a pragmatic perspective. The book builds on the concept of pragmatism in private international law within the context of recognition and enforcement of judgments. It demonstrates the practical application of legal pragmatism by setting up a toolbox (pragmatic goals and methods) that will assist courts and policymakers in developing an effective and efficient judgments' enforcement scheme at national, bilateral and multilateral levels. Practitioners, national courts, policymakers, academics, students and litigants will benefit from the book's comparative approach using case law from the United Kingdom and other leading Commonwealth States, the United States, and the Court of Justice of the European Union. The book also provides interesting findings from the empirical research on the refusal of recognition and enforcement in the UK and the Commonwealth statutory registration schemes respectively.
Patterns Of American Jurisprudence
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Author : Neil Duxbury
language : en
Publisher: Clarendon Press
Release Date : 1995-06-08
Patterns Of American Jurisprudence written by Neil Duxbury and has been published by Clarendon Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995-06-08 with Law categories.
This unique study offers a comprehensive analysis of American jurisprudence from its emergence in the later stages of the nineteenth century through to the present day. The author argues that it is a mistake to view American jurisprudence as a collection of movements and schools which have emerged in opposition to each other. By offering a highly original analysis of legal formalism, legal realism, policy science, process jurisprudence, law and economics, and critical legal studies, he demonstrates that American jurisprudence has evolved as a collection of themes which reflect broader American intellectual and cultural concerns.
Pragmatism And Law
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Author : Michal Alberstein
language : en
Publisher: Routledge
Release Date : 2017-03-02
Pragmatism And Law written by Michal Alberstein and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-02 with Law categories.
Pragmatism and Law provides a textual reading of the American legal discourse, as it unfolds through various genres of pragmatism, which evolve and transform during the twentieth century. The historical narrative, which the book weaves, traces the transformation of the pragmatic idea from the forefront of philosophical intellectual inquiries at the turn of the twentieth century to a common sense lawyers’ practical rule of action at the turn of the twenty-first century. During this sequence, a fresh look at American history and legal history in particular is offered through the emphasis on recurring discursive structures which assume incommensurable treatments of basic liberal notions like justice, politics, and truth. Underlying the writing is an interpretative mode of inquiry, based on European post-structural methodologies, while claiming to represent their next intellectual phase. This contemporary mode of inquiry is that of a reading which insists on healing through the paradoxes. It is the same mode that sets, in the author’s view, the updated interpretative model of dispute resolution studies.
Social Thought In America
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Author : Morton Gabriel White
language : en
Publisher: London ; New York : Oxford University Press
Release Date : 1976
Social Thought In America written by Morton Gabriel White and has been published by London ; New York : Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1976 with Social Science categories.