Legal Theory And Cases


Legal Theory And Cases
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Legal Theory And Cases


Legal Theory And Cases
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Author : Micheál Ó Súilleabháin (ed.)
language : en
Publisher: Rainer Hampp Verlag
Release Date : 1994

Legal Theory And Cases written by Micheál Ó Súilleabháin (ed.) and has been published by Rainer Hampp Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Law categories.




Understanding The Nature Of Law


Understanding The Nature Of Law
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Author : Michael Giudice
language : en
Publisher: Edward Elgar Publishing
Release Date : 2015-06-29

Understanding The Nature Of Law written by Michael Giudice and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-06-29 with Law categories.


Understanding the Nature of Law explores methodological questions about how best to explain law. Among these questions, one is central: is there something about law which determines how it should be theorized? This novel book explains the importance of



Classic Readings And Cases In The Philosophy Of Law


Classic Readings And Cases In The Philosophy Of Law
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Author : Susan Dimock
language : en
Publisher: Routledge
Release Date : 2016-09-16

Classic Readings And Cases In The Philosophy Of Law written by Susan Dimock and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-09-16 with Philosophy categories.


With over sixty cases as support, this text presents the philosophy of law as a perpetual series of debates with overlapping lines and cross connections. Using law as a focus to bring into relief many social and political issues of pressing importance in contemporary society, this book encourages readers to think critically and philosophically. Classic Readings and Cases in the Philosophy of Law centers on five major questions: What is law? What, if any, connection must there be between law and morality? When should law be used to restrict the liberty of individuals? To what extent should democratic states permit civil disobedience? What, if anything, justifies the infliction of punishment on those who violate the law? The extensive anthology of cases covers the mundane to the grandest of constitutional issues, including controversial topics like ownership of genetic material, capital punishment, and gay rights. Brief introductions to each case describe the central issue being litigated, the legal reasoning of the justices–both majority and dissenting–the decision of the court, and its philosophical significance.



The Legacy Of John Austin S Jurisprudence


The Legacy Of John Austin S Jurisprudence
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Author : Michael Freeman
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-09-14

The Legacy Of John Austin S Jurisprudence written by Michael Freeman 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 2012-09-14 with Law categories.


This is the first ever collected volume on John Austin, whose role in the founding of analytical jurisprudence is unquestionable. After 150 years, time has come to assess his legacy. The book fills a void in existing literature, by letting top scholars with diverse outlooks flesh out and discuss Austin’s legacy today. A nuanced, vibrant, and richly diverse picture of both his legal and ethical theories emerges, making a case for a renewal of interest in his work. The book applies multiple perspectives, reflecting Austin’s various interests – stretching from moral theory to theory of law and state, from Roman Law to Constitutional Law – and it offers a comparative outlook on Austin and his legacy in the light of the contemporary debate and major movements within legal theory. It sheds new light on some central issues of practical reasoning: the relation between law and morals, the nature of legal systems, the function of effectiveness, the value-free character of legal theory, the connection between normative and factual inquiries in the law, the role of power, the character of obedience and the notion of duty.​



Jurisprudence Cases And Materials


Jurisprudence Cases And Materials
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Author : Stephen E. Gottlieb
language : en
Publisher:
Release Date : 2015

Jurisprudence Cases And Materials written by Stephen E. Gottlieb and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Jurisprudence categories.




Introduction To The Philosophy Of Law


Introduction To The Philosophy Of Law
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Author : Jefferson White
language : en
Publisher: Oxford University Press on Demand
Release Date : 1999

Introduction To The Philosophy Of Law written by Jefferson White and has been published by Oxford University Press on Demand this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Law categories.


Introduction to the Philosophy of Law: Readings and Cases employs a combination of case-based and theory-based materials to show novices in the field how the philosophy of law is related to concrete and actual legal practice. Ideal for undergraduates, it engages their curiosity about the law without sacrificing philosophical content. The authors emphasize a command of legal concepts and doctrine as a prelude to philosophical analysis. Designed to acquaint students with the fundamentals of jurisprudence and legal theory, Part I of the book includes readings from influential philosophers representing eight different types of jurisprudence: natural law theory, positivism, constructivism, consequentialism, critical legal studies, feminist theory, practice theory, and new natural law theory. In Part II, the authors present a variety of cases that allow students to apply the theories in Part I to the actual practice of law. Unlike similar texts, which focus primarily on public law, this unique book addresses both private and public law, and includes cases on statutory interpretation, contract law, and tort law. Brief essays precede and discussion questions follow each case. Introduction to the Philosophy of Law: Readings and Cases serves as an exceptional text for courses in the philosophy of law, jurisprudence, and legal theory.



Natural Law In Court


Natural Law In Court
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Author : R. H. Helmholz
language : en
Publisher: Harvard University Press
Release Date : 2015-06-08

Natural Law In Court written by R. H. Helmholz 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 2015-06-08 with Law categories.


Natural-law theory grounds human laws in universal truths of God’s creation. The task of the judicial system was to build an edifice of positive law on natural law’s foundations. R. H. Helmholz shows how lawyers and judges made and interpreted natural law arguments in the West, and concludes that historically it has advanced the cause of justice.



Legal Reasoning And Legal Theory


Legal Reasoning And Legal Theory
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Author : Neil MacCormick
language : en
Publisher: Clarendon Press
Release Date : 1994-08-11

Legal Reasoning And Legal Theory written by Neil MacCormick and has been published by Clarendon Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994-08-11 with Law categories.


What makes an argument in a law case good or bad? Can legal decisions be justified by purely rational argument or are they ultimately determined by more subjective influences? These questions are central to the study of jurisprudence, and are thoroughly and critically examined in Legal Reasoning and Legal Theory, now with a new and up-to-date foreword. Its clarity of explanation and argument make this classic legal text readily accessible to lawyers, philosophers, and any general reader interested in legal processes, human reasoning, or practical logic.



Justice In Extreme Cases


Justice In Extreme Cases
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Author : Darryl Robinson
language : en
Publisher: Cambridge University Press
Release Date : 2020-12-17

Justice In Extreme Cases written by Darryl Robinson 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 2020-12-17 with Law categories.


The book shows how moral theory can challenge and improve international criminal law and how extreme cases can challenge and improve mainstream theory.



Law S Empire


Law S Empire
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Author : Ronald Dworkin
language : en
Publisher: Harvard University Press
Release Date : 1988-01-01

Law S Empire written by Ronald Dworkin 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 1988-01-01 with Law categories.


With the incisiveness and lucid style for which he is renowned, Ronald Dworkin has written a masterful explanation of how the Anglo-American legal system works and on what principles it is grounded. Law’s Empire is a full-length presentation of his theory of law that will be studied and debated—by scholars and theorists, by lawyers and judges, by students and political activists—for years to come. Dworkin begins with the question that is at the heart of the whole legal system: in difficult cases how do (and how should) judges decide what the law is? He shows that judges must decide hard cases by interpreting rather than simply applying past legal decisions, and he produces a general theory of what interpretation is—in literature as well as in law—and of when one interpretation is better than others. Every legal interpretation reflects an underlying theory about the general character of law: Dworkin assesses three such theories. One, which has been very influential, takes the law of a community to be only what the established conventions of that community say it is. Another, currently in vogue, assumes that legal practice is best understood as an instrument of society to achieve its goals. Dworkin argues forcefully and persuasively against both these views: he insists that the most fundamental point of law is not to report consensus or provide efficient means to social goals, but to answer the requirement that a political community act in a coherent and principled manner toward all its members. He discusses, in the light of that view, cases at common law, cases arising under statutes, and great constitutional cases in the Supreme Court, and he systematically demonstrates that his concept of political and legal integrity is the key to Anglo-American legal theory and practice.