Legal Theory And Legal History
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Legal Theory And Legal History
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Author : Alfred William Brian Simpson
language : en
Publisher: A&C Black
Release Date : 1987-01-01
Legal Theory And Legal History written by Alfred William Brian Simpson and has been published by A&C Black this book supported file pdf, txt, epub, kindle and other format this book has been release on 1987-01-01 with Law categories.
Legal Theory And Legal History
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Author : Maksymilian Del Mar
language : en
Publisher: Routledge
Release Date : 2014
Legal Theory And Legal History written by Maksymilian Del Mar and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Jurisprudence categories.
The papers selected for this volume explore issues in the study of historical jurisprudence. The topics range from the challenge to legal positivism from the perspective of the history of the common law, to the latest methodological debates in socio-historical jurisprudence. Taken together, these papers show historical jurisprudence to be a creative discipline capable of yielding insights about how to conceptualise legal change, how to give voice to those operating outside of legal officialdom and how to understand the relationship between law and politics.
Legal Theory And Legal History
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Author : Taylor & Francis Group
language : en
Publisher:
Release Date : 2019-01-14
Legal Theory And Legal History written by Taylor & Francis Group and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-01-14 with categories.
Law In Theory And History
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Author : Maksymilian Del Mar
language : en
Publisher: Bloomsbury Publishing
Release Date : 2016-11-17
Law In Theory And History written by Maksymilian Del Mar and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-17 with Law categories.
This collection of original essays brings together leading legal historians and theorists to explore the oft-neglected but important relationship between these two disciplines. Legal historians have often been sceptical of theory. The methodology which informs their own work is often said to be an empirical one, of gathering information from the archives and presenting it in a narrative form. The narrative produced by history is often said to be provisional, insofar as further research in the archives might falsify present understandings and demand revisions. On the other side, legal theorists are often dismissive of historical works. History itself seems to many theorists not to offer any jurisprudential insights of use for their projects: at best, history is a repository of data and examples, which may be drawn on by the theorist for her own purposes. The aim of this collection is to invite participants from both sides to ask what lessons legal history can bring to legal theory, and what legal theory can bring to history. What is the theorist to do with the empirical data generated by archival research? What theories should drive the historical enterprise, and what wider lessons can be learned from it? This collection brings together a number of major theorists and legal historians to debate these ideas.
Essays In Jurisprudence And Legal History
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Author : Sir John William Salmond
language : en
Publisher:
Release Date : 1891
Essays In Jurisprudence And Legal History written by Sir John William Salmond and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1891 with Contracts categories.
Interpretations Of Legal History
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Author : Roscoe Pound
language : en
Publisher: Cambridge University Press
Release Date : 1967
Interpretations Of Legal History written by Roscoe Pound 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 1967 with Law categories.
Originally published in 1923, this book presents a critical history of juristic thought as it developed in England and other countries.
Western Legal Theory
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Author : Augusto Zimmermann
language : en
Publisher:
Release Date : 2012-12-07
Western Legal Theory written by Augusto Zimmermann and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-07 with Jurisprudence categories.
Western Legal Theory: History, Concepts and Perspectives enable readers to gain a holistic appreciation of the law by presenting a broad collection of ideas concerning the nature of law. The author draws from a number of social disciplines to provide a rounded sense of what law really is and how it should work in society. The text discusses a wide range of theories and theorists, and also traces the historical developments of Western legal thought from ancient times to the present day. With a focus on the historical and contemporary role of philosophy in the interpretation of law, Western Legal Theory: History, Concepts and Perspectives provide a fascinating insight into the development of law and a comprehensive analysis of current legal thought. It is ideal for students of legal theory and jurisprudence, legal history, political philosophy, and legal practitioners and general readers interested in the theories underpinning our legal institutions and framework.
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.
The Universal History Of Legal Thought
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Author : Roberto Mangabeira Unger
language : en
Publisher: Deep Freedom Books
Release Date : 2021-01-29
The Universal History Of Legal Thought written by Roberto Mangabeira Unger and has been published by Deep Freedom Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-29 with Law categories.
This essay explores the contradictory coexistence between two approaches to law that have been dominant in all major legal traditions: law as the normative order chosen by the legitimate and effective holders of power in the state and law as a normative order implicit in social life -- a series of detailed models of what relations among people can and should look like in different parts of social experience. The rudimentary form of the first approach is legal thought as the interpretation of law laid down by the sovereign. The simplest form of the second approach is legal thought as authoritative doctrine developed by jurists and judges in the absence of legislation or as its most important source. The central problems of legal theory result from the impossibility of reconciling these two views of law. The solution to those problems is not theoretical; it is practical: the changes in the organization of society, the economy, and the state that would make democratic self-government a reality -- rather than the sham that it continues to be -- and transform the character of both legislation and legal doctrine. Such a practical solution, however, requires, to guide it, a revolution in our thinking about the institutional and ideological regimes, expressed as law, that shape social life. The foremost task of legal thought today, and the answer to the enigmas of its universal history, is to contribute to the development of that way of thinking.
Theory Of Legal Evidence Evidence In Legal Theory
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Author : Verena Klappstein
language : en
Publisher: Springer Nature
Release Date : 2022-01-03
Theory Of Legal Evidence Evidence In Legal Theory written by Verena Klappstein and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-03 with Law categories.
This book addresses theoretical problems concerning legal evidence. The concept of evidence is expected to fulfill a number of distinct roles in science and philosophy, but also in legal theory and law, some of which are complementary, while others are conflicting. In their profession, lawyers have to deal with evidence and proof. Yet the legal concept of evidence is constantly changing, and the debate concerning the distinction between a legal concept of evidence, the ordinary concept of evidence and the concept of evidence in science is far from being settled. What is more, the problem of evidence is central to both epistemology and the philosophy of science, and by extension to our academic thinking on law. In short, legal theorists’ interest in evidence may include such diverse objects as a bloody knife, sensory data, linguistic entities or psychologically recognized beliefs. The book surveys selected theoretical roles that the concept of evidence plays and explores their relations and interconnections. The content is divided into three parts, investigating: (1) evidence in epistemology and the philosophy of science, which focuses on evidence methodologies and the problem of proof in legal scholarship; (2) evidence in legal theory and legal philosophy, where particular attention is paid to the interplay between evidence, legal reasoning and the binding force of such reasoning; and (3) evidence in law, where theoretical problems pertaining to witnesses, expert opinions, explanations of the accused, statistical evidence and neuroscientific evidence are examined.