Realism In Law Making
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Realism In Law Making
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Author : Adriaan Bos
language : en
Publisher: BRILL
Release Date : 1986-01-01
Realism In Law Making written by Adriaan Bos and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 1986-01-01 with Law categories.
Contents.
Jurisprudence
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Author : Karl Llewellyn
language : en
Publisher: Routledge
Release Date : 2017-09-04
Jurisprudence written by Karl Llewellyn and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-04 with Law categories.
Jurisprudence: Realism in Theory and Practice compiles many of Llewellyn's most important writings. For his time, the thirties through the fifties, Llewellyn offered fresh approaches to the study of law and society. Although these writings might not seem innovative today, because they have become widely applied in the contemporary world, they remain a testament to his. The ideas he advanced many decades ago have now become commonplace among contemporary jurisprudence scholars as well as social scientists studying law and legal issues.Legal realism, the ground of Llewellyn's theory, attempts to contextualize the practice of law. Its proponents argue that a host of extra-legal factors--social, cultural, historical, and psychological, to name a few--are at least as important in determining legal outcomes as are the rules and principles by which the legal system operates. Oliver Wendell Holmes, Jr., book, The Common Law, is regarded as the founder of legal realism. Holmes stated that in order to truly understand the workings of law, one must go beyond technical (or logical) elements entailing rules and procedures. The life of the law is not only that which is embodied in statutes and court decisions guided by procedural law. Law is just as much about experience: about flesh-and-blood human beings doings things together and making decisions.Llewellyn's version of legal realism was heavily influenced by Pound and Holmes. The distinction between ""law in books"" and ""law in action"" is an acknowledgement of the gap that exists between law as embodied in criminal, civil, and administrative code books, and law. A fully formed legal realism insists on studying the behavior of legal practitioners, including their practices, habits, and techniques of action as well as decision-making about others. This classic studyis a foremosthistorical work on legal theory, and is essential for understanding the roots of this influential perspective.
Realism In Law Making
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Author : Adriaan Bos
language : en
Publisher:
Release Date : 1986
Realism In Law Making written by Adriaan Bos and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1986 with International law categories.
The Judicial Process
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Author : E. W. Thomas
language : en
Publisher: Cambridge University Press
Release Date : 2005-09-15
The Judicial Process written by E. W. Thomas 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 2005-09-15 with Law categories.
In the absence of a sound conception of the judicial role, judges at present can be said to be 'muddling along'. They disown the declaratory theory of law but continue to behave and think as if it had not been discredited. Much judicial reasoning still exhibits an unquestioning acceptance of positivism and a 'rulish' predisposition. Formalistic thinking continues to exert a perverse influence on the legal process. This 2005 book dismantles these outdated theories and seeks to bridge the gap between legal theory and judicial practice. The author propounds a coherent and comprehensive judicial methodology for modern times. Founded on the truism that the law exists to serve society, and adopting the twin criteria of justice and contemporaneity with the times, a judicial methodology is developed which is realistic and pragmatic and which embraces a revised conception of practical reasoning, including in that conception a critical role for legal principles.
Legal Realism And Justice
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Author : Edwin Norman Garlan
language : en
Publisher:
Release Date : 1941
Legal Realism And Justice written by Edwin Norman Garlan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1941 with Law categories.
Clarifies the historical continuity of American legal realism through a study of juristic writings from the first half of the 20th century and of writers who are clearly recognized as leaders or followers of realism. The study also shows that American legal realism is not an integrated philosophy of law and that many of its leaders and followers have divergent or incompatible theories about law.
Judges And Adjudication In Constitutional Democracies A View From Legal Realism
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Author : Pierluigi Chiassoni
language : en
Publisher: Springer Nature
Release Date : 2020-12-11
Judges And Adjudication In Constitutional Democracies A View From Legal Realism written by Pierluigi Chiassoni and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-11 with Law categories.
The book offers contributions to a philosophical and realistic approach to the place of adjudication in contemporary constitutional democracies. Bringing together scholars from different legal and philosophical backgrounds, the book purports to cast light on the role(s) of judges and the function of judicial interpretation inside of constitutional states, from the standpoint of legal realism as a revisited and sophisticated jurisprudential outlook. In so doing, the book also copes with a few major jurisprudential issues, like, e.g., determining the ideas that make up the core of legal realism, exploring the relation between legal realism and legal positivism, identifying the boundaries of judicial interpretation as they appear from a realist standpoint, as well as considering some skeptical outlooks on the very claims of contemporary legal realism.
The Cambridge Companion To Legal Positivism
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Author : Torben Spaak
language : en
Publisher: Cambridge University Press
Release Date : 2021-02-04
The Cambridge Companion To Legal Positivism written by Torben Spaak 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 2021-02-04 with Law categories.
The book brings together 33 state-of-the-art chapters on the import and the pros and cons of legal positivism.
Legal Realism And American Law
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Author : Justin Zaremby
language : en
Publisher:
Release Date : 2014
Legal Realism And American Law written by Justin Zaremby and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Law categories.
"In the first part of the 20th century, a new movement originating from the law schools of Yale and Columbia University offered interesting, if not disconcerting, views on the role of judges and the nature of the law in America. Called legal realism, it developed new methods and questions to describe how judges and the law function. To investigate the nature of legal reasoning, legal realists looked at the origins, developments, and interpretations of the law, seeking to understand what the law is, who makes it, and its purpose. They argued that adjudications are a subjective system based more on the political, social, and moral inclinations of Federal and State judges than on dogma. Today, this is apparent in debates surrounding rulings, appointments, and judicial activism. This thorough analysis discusses the context in which legal realism developed along with the work of key figures and helps situate today's complex judicial politics in America. It will be of great interest to any student researching judicial politics and American constitutional development"--
Karl Llewellyn And The Realist Movement
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Author : William Twining
language : en
Publisher: Cambridge University Press
Release Date : 2012-09-17
Karl Llewellyn And The Realist Movement written by William Twining 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 2012-09-17 with Biography & Autobiography categories.
First published in 1973, Karl Llewellyn and the Realist Movement is a classic account of American Legal Realism and its leading figure. Karl Llewellyn is the best known and most substantial jurist of the group of lawyers known as the American Realists. He made important contributions to legal theory, legal sociology, commercial law, contract law, civil liberties and legal education. This intellectual biography sets Llewellyn in the broad context of the rise of the American Realist Movement and contains an overview of his life before focusing on his most important works, including The Cheyenne Way, The Bramble Bush, The Common Law Tradition and the Uniform Commercial Code. In this second edition the original text is supplemented with a preface by Frederick Schauer and an afterword in which William Twining gives a fascinating account of the making of the book and comments on developments in relevant legal scholarship over the past forty years.
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.