Pragmatism And Law
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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.
Pragmatism In Law And Society
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Author : Michael Brint
language : en
Publisher: Westview Press
Release Date : 1991-12-29
Pragmatism In Law And Society written by Michael Brint and has been published by Westview Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991-12-29 with Law categories.
A work which addresses the question: What constructive role can pragmatism play, either in structuring public debate or in dealing with life'. The contributors examine what pragmatism can offer in the way of a positive social programme in the field of law and political science.
Conservatism And Pragmatism
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Author : S. Vannatta
language : en
Publisher: Springer
Release Date : 2014-11-25
Conservatism And Pragmatism written by S. Vannatta and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-11-25 with Political Science categories.
Conservatism and Pragmatism illustrates the intersections between classical British Conservative thought and classical American Pragmatist philosophy with regard to methodology in politics, ethics, and law.
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 gives a full account of each of these modes of legal thought, with particular attention to the versions of them promulgated by their influential exponents Christopher Columbus Langdell and Oliver Wendell Holmes, Jr. Grey argues that legal pragmatism as understood by Holmes is the best jurisprudential framework for a modern legal system. He enriches his theoretical account with treatments of central issues in three important areas of law in the United States: constitutional interpretation, property, and torts.
Pragmatism Law And Language
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Author : Graham Hubbs
language : en
Publisher: Routledge
Release Date : 2013-11-12
Pragmatism Law And Language written by Graham Hubbs and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-11-12 with Philosophy categories.
This volume puts leading pragmatists in the philosophy of language, including Robert Brandom, in contact with scholars concerned with what pragmatism has come to mean for the law. Each contribution uses the resources of pragmatism to tackle fundamental problems in the philosophy of language, the philosophy of law, and social and political philosophy. In many chapters, the version of pragmatism deployed proves a fruitful approach to its subject matter; in others, shortcomings of the specific brand of pragmatism are revealed. The result is a clearer understanding of what pragmatism has meant and can mean across these tightly related philosophical areas. The book, then, is itself pragmatism in action: it seeks to clarify its unifying concept by examining the practices that centrally involve it.
Policy And Pragmatism In The Conflict Of Laws
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Author : Michael J. Whincop
language : en
Publisher: Routledge
Release Date : 2018-02-06
Policy And Pragmatism In The Conflict Of Laws written by Michael J. Whincop and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-06 with Law categories.
This title was first published in 2001. After languishing for decades in the domains of rigid doctrinalism and confusing theory, the conflict of laws is increasingly being recognized as an important area of law to a global community. To demonstrate its importance, Michael Whincop and Mary Keyes transcend the divide between the English pragmatic tradition and the circularity of American policy-based theory. They argue that the law governing multistage conflicts can minimize the social costs of litigation, increase the extent of co-ordination, facilitate private ordering and limit regulatory monopolies and cross-border spillovers. Pragmatic in outlook and economic in methodology, they pursue these themes across a broad range of doctrinal issues and offer valuable links to parallel analyses in domestic contexts.
Renascent Pragmatism
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Author : Alfonso Morales
language : en
Publisher: Taylor & Francis
Release Date : 2017-07-05
Renascent Pragmatism written by Alfonso Morales and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-05 with Law categories.
Pragmatism is experiencing a resurgence in law, philosophy and social science, with pragmatists seeking a consistent, comprehensive and productive understanding of social life. In its four sections Renascent Pragmatism aids the reinvigoration of pragmatism as an important intellectual tradition and contributor to inquiry and change in social life. The book is a first of its kind for combining essays on theory, method, public policy and empirical scholarship, presenting contributions from philosophers, legal scholars and social scientists. Throughout the book, the concrete linkage between policy, theory and method is emphasized, while recognizing the philosophical tradition in which the inquiries and prescriptions rest.
Realistic Socio Legal Theory
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Author : Brian Z. Tamanaha
language : en
Publisher: Oxford University Press
Release Date : 1997
Realistic Socio Legal Theory written by Brian Z. Tamanaha and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Law categories.
Combining philosophical pargmatism with a methodological foundation, Tamanaha formulates a framework for a realistic approach to socio-legal theory. The strengths of this approach are contrasted with that of the major schools of socio-legal theory by application to core issues in this area.Thus Tamanaha explores the problematic state of socio-legal studies, the relationship between behaviour and meaning, the notion of legal ideology, the problem of indeterminacy in rule following and application, and the structure of judicial decision making. These issues are tackled in a clear andconcise fashion while articulating a social theory of law which draws equally from legal theory and socio-legal theory.
Law Pragmatism And Democracy
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Author : Richard A. Posner
language : en
Publisher: Harvard University Press
Release Date : 2005-10-31
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 2005-10-31 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.
Pragmatism And Theory In English Law
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Author : P. S. Atiyah
language : en
Publisher:
Release Date : 1987
Pragmatism And Theory In English Law written by P. S. Atiyah and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1987 with Courts categories.