Law Without Values
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Law Without Values
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Author : Albert W. Alschuler
language : en
Publisher: University of Chicago Press
Release Date : 2000-12
Law Without Values written by Albert W. Alschuler and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-12 with Biography & Autobiography categories.
Albert Alschuler's study of Holmes is very different from other books about him, in that it is an exercise in debunking him.
Law Without Values
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Author : Albert W. Alschuler
language : en
Publisher: Turtleback
Release Date : 2002-03-01
Law Without Values written by Albert W. Alschuler and has been published by Turtleback this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-03-01 with Biography & Autobiography categories.
In recent decades, Oliver Wendell Holmes has been praised as "the only great American legal thinker" and "the most illustrious figure in the history of American law." But in Albert Alschuler's critique of both Justice Holmes and contemporary legal scholarship, a darker portrait is painted-that of a man who, among other things, espoused Social Darwinism, favored eugenics, and, as he himself acknowledged, came "devilish near to believing that might makes right."
Law Without Values
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Author : Albert W. Alschuler
language : en
Publisher: University of Chicago Press
Release Date : 2000-12-01
Law Without Values written by Albert W. Alschuler and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-12-01 with Biography & Autobiography categories.
In recent decades, Oliver Wendell Holmes has been praised as "the only great American legal thinker" and "the most illustrious figure in the history of American law." But in Albert Alschuler's critique of both Justice Holmes and contemporary legal scholarship, a darker portrait is painted—that of a man who, among other things, espoused Social Darwinism, favored eugenics, and, as he himself acknowledged, came "devilish near to believing that might makes right."
Neutrality And Theory Of Law
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Author : Jordi Ferrer Beltrán
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-04-03
Neutrality And Theory Of Law written by Jordi Ferrer Beltrán 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 2013-04-03 with Law categories.
This book brings together twelve of the most important legal philosophers in the Anglo-American and Civil Law traditions. The book is a collection of the papers these philosophers presented at the Conference on Neutrality and Theory of Law, held at the University of Girona, in May 2010. The central question that the conference and this collection seek to answer is: Can a theory of law be neutral? The book covers most of the main jurisprudential debates. It presents an overall discussion of the connection between law and morals, and the possibility of determining the content of law without appealing to any normative argument. It examines the type of project currently being held by jurisprudential scholarship. It studies the different approaches to theorizing about the nature or concept of law, the role of conceptual analysis and the essential features of law. Moreover, it sheds some light on what can be learned from studying the non-essential features of law. Finally, it analyzes the nature of legal statements and their truth values. This book takes the reader a step further to understanding law.
The Pragmatism And Prejudice Of Oliver Wendell Holmes Jr
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Author : Seth Vannatta
language : en
Publisher: Rowman & Littlefield
Release Date : 2019-06-26
The Pragmatism And Prejudice Of Oliver Wendell Holmes Jr written by Seth Vannatta and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-06-26 with Philosophy categories.
The Pragmatism and Prejudice of Oliver Wendell Holmes, Jr. examines the varied categories scholars have used to describe the philosophy of Oliver Wendell Holmes, Jr. These include, “Jobbist,” Nihilist, Realist, Social Darwinist, Utilitarian, Positivist, Natural Law Theorist, and Pragmatist.
Law Without Values
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Author : Albert W. Alschuler
language : en
Publisher: University of Chicago Press
Release Date : 2000
Law Without Values written by Albert W. Alschuler and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Biography & Autobiography categories.
Albert Alschuler's study of Holmes is very different from other books about him, in that it is an exercise in debunking him.
Law Without Lawyers Justice Without Courts
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Author : Bee Chen Goh
language : en
Publisher: Routledge
Release Date : 2016-12-05
Law Without Lawyers Justice Without Courts written by Bee Chen Goh and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-05 with Law categories.
The Chinese have, since ancient times, professed a non-litigious outlook. Similarly, their preference for mediation has fascinated the West for centuries. Mediation has been popularized by the Chinese who subscribe to the Confucian notions of harmony and compromise. It has been perpetuated in the People's Republic of China and by the overseas Chinese communities elsewhere, such as in Malaysia and Taiwan. Seen as the chief contributing factor in their litigation-averse nature, as well as the reason behind the significant role given to traditional mediation, this compelling book traces the cultural tradition of the Chinese. It uses rural Chinese Malaysians as illustrative examples and offers new insights into the nature of mediation East and West. It is an important reference and essential resource for anyone keen to learn about traditional Chinese concepts of law, justice and dispute settlement. Equally, it makes a unique contribution to the existing ADR literature by undertaking a socio-legal study on traditional Chinese mediation.
Law Without Force
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Author : Gerhart Niemeyer
language : en
Publisher: Routledge
Release Date : 2018-01-16
Law Without Force written by Gerhart Niemeyer and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-01-16 with Law categories.
Law Without Force is a landmark in political and social philosophy. It proposes nothing less than a completely new basis for international law. As relevant today as when it was first published nearly sixty years ago, it commands the attention of all concerned with what the future may bring to the law of nations. The great scope of Niemeyer's undertaking draws respect even from those who disagree with his challenging analysis of the historical past and his suggestions for the future of international law. In his new introduction, Michael Henry observes that Law Without Force provides us with a foundation of Niemeyer's thinking. Published in 1941, when Hitler was swallowing up Europe, this volume shows how a first-rate mind grappled with a legal, historical, social, and ultimately metaphysical problem. It provides in detail the reasoning behind Niemeyer's rejection of a foreign policy based on morality and his distinction between authoritarian and totalitarian governments; and it provides us with the first stage of his lengthy and prodigious effort to understand "this terrible century." It is a book that no serious student of Niemeyer can afford to ignore. At the very heart of the author's vigorous discussion may be found his rejection of a moral basis for international law and his suggestion that a functional basis should be substituted for it. The book incisively reviews the relation between traditional international law and the changing structure of international politics concluding that the traditional system of law has operated as an agency of disharmony and conflict. After an investigation of the traditional legal system, the author then asks, "What type of law fits the social structure of this modern world?" The answers are presented in the last part of the book, as Neimeyer offers his case for a functional system of law, divorced from moral exhortations or appeals to shattered authority. Philosophy, sociology, and legal theory are brilliantly interwoven in this volume, which will engage serious readers interested in political and social theory.
Law Without Lawyers
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Author : Victor H. Li
language : en
Publisher: Routledge
Release Date : 2019-03-13
Law Without Lawyers written by Victor H. Li and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-03-13 with Law categories.
The U.S. has 400,000 lawyers in a society of 200 million people. China, a country with four times that population, has a mere 3,500 lawyers. How do the Chinese achieve law without lawyers? Victor Li, one of the world's leading authorities on Chinese law, explores the way the Chinese and U.S. systems have historically viewed law (and still view it), and the way each system functions in everyday life to shape conduct and control deviance. In a straightforward and highly readable manner, the author examines how these highly divergent societies operate. He writes about historical forces and cultural values that are centuries old—and that are still critical influences in shaping life in modern America and China. In explaining the differences in the tradition and operation of law in these two cultures, Li gives us both an invaluable understanding of Chinese society today and his own appraisal of the strengths and weaknesses of U.S. law, lawyers, and courts.
Contract Law Without Foundations
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Author : Prince Saprai
language : en
Publisher:
Release Date : 2019
Contract Law Without Foundations written by Prince Saprai and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Contracts categories.
This monograph advances a theoretical account of contract law, grounded in value pluralism. Arguing against attempts to delineate branches of legal doctrine by reference to single unifying values, the book asserts that a field such as contract law can only be explained and justified by the interaction of a multiplicity of moral values.