Pragmatism And Theory In English Law
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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.
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.
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.
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.
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.
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 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.
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.
Principle And Pragmatism In Roman Law
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Author : Benjamin Spagnolo
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-11-12
Principle And Pragmatism In Roman Law written by Benjamin Spagnolo and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-12 with Law categories.
This edited collection presents an interesting and original series of essays on the roles of principle and pragmatism in Roman private law. The book traverses key areas of Roman law to examine the explanatory power of - and delineate interactions between - abstract, doctrinal principle, and pragmatic, real-world problem-solving. Essays canvassing sources of law, property, succession, contracts and delicts sketch the varied roles of theoretical narratives - whether internal to Roman doctrine or derived from external influence - and of practical, policy-based solutions in the jurists' thought. Principled reasoning in Roman juristic argument ranges from safeguarding commerce, to the priority of acts or intentions in property transactions, to notions of pietas, to Platonic conceptions of the market. Pragmatism is discernible in myriad ways, from divergence between form and substance, to extension of legal rules for economic, social or political utility, to emphasis on what parties did rather than what they said. The distinctive contribution of the book is its survey of different manifestations of principle and pragmatism across Roman private law. The essays - by eminent as well as emerging academics - will stimulate debate about the roles principle and pragmatism play in juristic argument, and will be of interest to both scholars and students of Roman law.
Law Pragmatism
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Author : Richard Allen Posner
language : en
Publisher:
Release Date : 2005
Law Pragmatism written by Richard Allen Posner and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Democracy categories.